FLEISCHWIRTSCHAFT international_04_2018

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Fleischwirtschaft international 4_2018
Legislation
Smoking Technologies
Assessment under the European food law
Smoking foodstuffs by exposing
them to smoke that is
generated from primary smoke
products offers many advantages.
With this technology it is
possible to convert primary
smoke products as defined by
Regulation (EC) No 2065/2003 (EU
Regulation on Smoke Flavourings)
into smoke which is then fed into
the smoking chamber. The smoking
process is akin to conventional
smoking, including, for
example, the time of exposure of
the products in the smoking
chamber. There are undoubtedly
many health benefits to the
consumers, because primary
smoke products are pre-purified
and thus largely free from harmful
substances. Beyond that, the
technology is resource-efficient
and ensures increased occupational
safety.
There is no specific legal framework
for the smoking of foodstuffs
by locally burning organic
materials (conventional smoking).
Merely the principles of good
manufacturing practice and the
general guidelines of food safety
law are applicable here. Furthermore,
the requirements for the
maximum permissible levels of
contaminants in foodstuffs apply.
However, it is necessary to stipulate
exceptions for smoked foodstuffs
on a regular basis. Such
exceptions must allow higher
maximum levels because otherwise,
conventionally smoked
products would not be marketable.
The food law does not provide any
specific regulations for the smoking
of foodstuffs using smoke
that is generated from primary
smoke products. There are only
legal provisions stipulating the
requirements for the basic product,
thus the primary smoke
products, which have to be approved
on the basis of a safety
assessment. The approval procedure
for primary smoke products
is laid down in the context of the
EU Regulation on Smoke Flavourings
(namely in Regulation EU
No 1321/2013). This entails issues
of interpretation: The basic product
used for smoking (primary
smoke products) falls under the
law on smoke flavourings in
accordance with the letter of the
law. However, there is no use of
smoke flavourings as such; the
product in use is smoke.
The so-called REFIT process of
the European Union represents a
kind of fitness check for food
legislation. Within the context of
this process the European Commission
was asked whether it
considered the existing legal
framework for modern smoking
technologies necessary to be
adapted. Special emphasis was
put on the idea to introduce
general uniform rules for smoking
techniques, that is irrespective of
the basic materials used, and of
the type and location of combustion
of organic materials. Regulation
(EU) No 1321/2013 solely
requires approval of a basic material
for smoking techniques
using primary smoke products.
There is no legal framework for
other smoking techniques. Thus,
any type of organic material can
Advertisement
There is no specific legal framework for the smoking of foodstuffs by locally
burning organic materials (conventional smoking). Photo: siepmannH / pixelio.de
be used (burnt) without prior
inspection or authorisation. This
may entail problems, especially
with respect to contaminants.
In a communication dated 8 May,
2018, the Commission declared
that basically, it did not consider
the existing legal framework
necessary to be adapted (apart
from some editorial adaptations
in connection with food labelling).
The Commission argued that the
process of smoking, which also
included the “use of generated
smoke” produced from primary
smoke products, fell under various
regulatory measures (e.g.
under the Food Information Regulation
(Regulation EU No 1169/
2011) with regard to food information,
or under European legislation
on contaminants with regard
to contaminants).
Even if the Commission’s answer
sounds a little "meatless", we
think it must mean the following:
The Commission confirms that the
process of smoking foodstuffs
using smoke that is generated
from primary smoke products is
indeed a smoking technology; it
does not imply the application of
the (liquid) ingredient “smoke
flavouring”. However, if it is a
smoking technology, the principle
that all smoking techniques have
to be labelled the same way must
be applied.
As a consequence, the reference
to information requirements
under the Food Information Regulation
must point to Annex VI
Section A No 1 to the Food Information
Regulation.
Therefore, foodstuffs that are
treated with this technology must
be labelled as being “smoked”.
Accordingly, the structure of the
list of ingredients will be similar
to that of conventionally smoked
products. In our opinion, this
understanding does not contradict
a resolution of the food
hygiene and food of animal origin
working group, ALTS (73rd conference
in Berlin from 23-25 June,
2014, agenda item 19) concerning
the labelling of smoke flavourings
as such when used in food production.
Call Smoke by its name!
r Dr. Markus Grube,
Gummersbach, Germany