Presentation on theme: "Introduction Patrick Farrell Audit Manager"— Presentation transcript:
1Introduction Patrick Farrell Audit Manager Food Safety Authority of Ireland (FSAI)My role in the FSAI is to manage the various types of audits we are involved in.
2Audits of official agencies Under service contract to FSAIFocused AuditsLabelling & TraceabilitySRMSpecial InvestigationsFood Fraud
3Misleading advertising,presentation & labelling of foodstuffs LegislationDirective 2000/13/EC…. On the approximation of the laws of Member States relating to the labelling, presentation and advertising of foodstuffsArticle 16 of Regulation 178/2002
4OverviewLabelling legislationWhere are the rules on food labelling?
6Article 16 of 178/2002 States as follows: Without prejudice to more specific provisions of food law, the labelling, advertising and presentation of food or feed, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, shall not mislead consumers.
7Definitions ‘labelling’ shall mean any words, particulars, trade marks, brand name, pictorial matter or symbol relating to a foodstuff and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such foodstuff
8Definitions‘pre-packaged’ shall mean any single item … consisting of a foodstuff and the packaging into which it was put before being offered for sale……
9Derogation where a prepackaged foodstuff is: For supply only to mass caterers (for preparation, processing, cutting, etc)orIntended for the ultimate consumer, but marketed prior to sale to the ultimate consumer and where sale to mass caterers is not involved (such as supply to wholesalers)
10In such cases the labelling information may appear on the commercial documents accompanying the foodstuff.CommercialDocument
11Information on label must be clear and unambiguous
12Must not mislead the consumer to a material degree: As to the characteristics of the foodstuff and, in particular:as to its natureidentitypropertiescompositionquantitydurabilityorigin or provenancemethod of manufacture or production
13Must not mislead the consumer to a material degree: By attributing to the foodstuff effects or properties which it does not possessBy suggesting that the foodstuff possesses special characteristics when in fact all similar foodstuffs possess such characteristics.
14LABELLING must not attribute to any foodstuff the property of preventing, treating or curing a human disease or refer to such properties
15The information provided on the label must be: easy to understandbe clearly legibleit must also be indelibleeasy to see and not obscured in any way
16LanguageThe labelling of foodstuffs must be in a language easily understood by the consumer e.g.In Ireland it must be in English or English & IrishIn Slovakia it may have to be in Slovakian. Will it have to be in another language ??
17Overview When do the labelling rules apply? General requirements Compulsory labelling requirements
18When do the labelling rules apply? Pre-packaged foodsandAvailable for sale to consumers and/or the catering tradeFood must be pre-packaged, available to consumers and/or catering trade such as restaurants and canteens. There are compulsory indications which must be provided, some additional requirements that may be provided and exemptions for most rules.
19General requirements Purchaser must not be misled Medicinal claims prohibitedInformation must be easy to understand, clearly legible etc.Language – English (depending on Member State language)Under the general labelling rules there are general requirements regarding the packaging and labelling of the food and there are specific requirements to what exactly must be detailed on the label (presentation 3).These are the general requirements.Underlying principal of labelling – labelling must not mislead consumer.Medicinal claims prohibited – labelling cannot attribute to any foodstuff the property of preventing, treating, or curing a human disease or refer to such propertieslabelling must be in an language easily understood by the consumer and In Ireland its English. The food can be labelled in both Irish and English but it is not sufficient to label a food purely in Irish.
20Overview of labelling requirements name of food*ingredientsquantity of certain ingredients (QUID)net quantity*date of minimum durability*special storage instructionsname and address of manufacturer/packer/selleroriginInstructions for usealcohol content*The following is mandatory information that must appear on the packaging of the pre-packaged foodstuff or on a label attached:The name under which the product is sold*The list of ingredientsThe quantity of certain ingredientsThe net quantity*The date of minimum durability*Any special storage instructions or conditions of useThe name or business name and address of the manufacturer or packager, or of a seller within the European UnionPlace of origin of the foodstuff if its absence might mislead the consumer to a material degreeInstructions for use where necessaryBeverages with more than 1.2% alcohol by volume must declare their actual alcoholic strength.**Field of VisionThe name of the foodstuff, the date of minimum durability and the net quantity must appear on the label “in the same field of vision”. If the product is an alcoholic beverage greater than 1.2% alcohol by volume, its actual alcoholic strength by volume must also appear in this field of vision. The intention is that all the information can easily be seen at the same time under normal purchasing conditions.* must appear in the same field of vision
21Field of Vision:The name of the foodstuffthe date of minimum durabilitythe net quantityThe intention is that all the information can easily be seen at the same time under normal purchasing conditions
22Food Labelling and the Consumer The food we eat today is a key part of our lifestyle. We ask ourselves 'is this food good for me?' or 'how much of this should I eat?'.What we eat is becoming more important as we move toward healthy, self improved lifestyles.As consumers become more conscious of food ingredients, it is in the interests of manufacturers to highlight product contents and health or nutritional benefits.Labelling is just one way of providing consumers with appropriate information.Labels are of particular importance when we consider processed or fresh foodstuffs as well as perishable fast moving consumer goods. Labelling needs to be accurate, particularly at the point-of-sale
25How often do you buy something without looking at the product label How often do you buy something without looking at the product label? How many of us understand the details presented on product labels? Labels should not mislead consumers and information should be easily seen. This is the principle of 'the field of vision'.By law, packaged food must show:
26PLACE OF ORIGIN and TRACEABILITY What is the difference?'Smoked Irish Salmon' versus 'Irish Smoked Salmon' Could any of these products have been made in Ireland?•American Style BurgersFlorida Orange JuiceProcessed Whole Irish Chicken Breast
28BEEF Brazilian beef with SEL stating Irish Beef supplied by cold store (mixture of Irish & imported)Export refundsCooked in plantNot labelled as Irish leaving the plantBrazilian beef with SEL stating IrishDelivered to multipleMultiple delivers to retailShelf Edge Label (SEL) states IrishSELs Produced centrally
29Chicken Fillets Caps imported from Belgium Skinned and cut in half Packaged and labelled as ‘Produced in Ireland’Irish Health Mark
30We guarantee that all our chicken breast fillets and “Customers,We guarantee that all ourfresh whole chickens,chicken breast fillets andportions are 100% Irish”UK1234EC
35Traditional HAND SLICED SMOKED IRISH WILD SALMON Farmed Salmon Seafresh Ltd, Castletown, Co.DublinFarmed SalmonScotland/ShetlandNorwayHAND SLICEDMachine SlicedNutritional Information____________________________________xxxxx xxxx__________________ _____________________________________________________xxxxx xxxPRICE xx WEIGHT xxxxxUSE BY xxxxxxIngredients: Salt, Smoke & SalmonIRLXxxDL
36Misleading in the absence TraditionalSMOKED IRISH SALMONSeafresh Ltd, Castletown, Co.DublinPRICE xx WEIGHT xxxxxUSE BY xxxxxxIngredients: Salt, Smoke & SalmonNutritional Information____________________________________xxxxxx xxxxxxxxx xxxx___________________________________xxxxx xxxIRLXxxDLOur Smoked Irish Salmon is Harvested in the crystal clear waters of the North Atlantic and off the rugged West Coast of IrelandProduction MethodNot IndicatedTerminology UsedMisleading in the absenceof Production Method &Specific Catch AreaCatch AreaNot Specific
37Wet Fish Display Counter “All our fish are caught off the westcoast of Ireland”Wet Fish Display CounterNile PerchFrequently Didn’t specifyDate of minimum durabilityCompany Code/Approval NumbersList of IngredientsList of FlavouringsEtc……Farmed Scottish Salmon
39Complaint Wild Salmon Complaint Contact HSE Significant Non Compliance Cautioned byDCMNR + HSEAudit of Premises(Processing Plant+ Fishmongers)FishmongersA considerable amount of product on display in chills/freezere.g Fresh/Frozen crabmeat, Tiger Prawns, Swordfish, etc…Not labelled any way looked as if it was going offFresh Yellow Fin Tuna on display was over a week past it’s expiry dateAll fresh fish on display – No Catch area/Production Method/Commercial Designation of spp.Wild Oak Smoked Salmon no Catch area – noted the Batch CodePremises Owners Cautioned by HB – Product seized and samples taken for Micro AnalysisSimilar situation in the Processing plant – general lack of labelling complianceCompanies traceability System – broke down on the morning of the auditRequested traceability for the Wild Oak Smoked Salmon form the FishmongersWhen asked for traceability for this product they supplied batch processing records when it was filleted smoked and packagedThe Invoice Docket indicated that product came from a supplier and there batch No.s and quantities specifiedNo tags were present indicated that they were with the supplier__________________________________________________________________________________________Visited SupplierBrought a copy of the Invoice and checked against theirs – WERE NOT THE SAME!The product/Codes/Dispatch Dates were different and invoice was for WhitefishSupplier indicated that Wild Salmon had not been supplied in over 2 yrs to this customerInvoice Not the Same- AlteredVisited Supplier
40Wild Salmon Displayed on Menu Checked ProductChill/FreezerChecked Invoices/Delivery Docketfrom DistributorDCMNRPoor traceabilityAt ProcessorsContacted DCMNRto verifyProduct CodesHotelProduct on Menus Labelled as:Poached Supreme of Blackwater Salmon with a Dill & Leek Cream SaucePoached Supreme of Atlantic Salmon with a Dill & Leek Cream SauceRestaurantOven Baked Fillets of Wild Salmon in a herb crust served with a demi glazed lemon butter__________________________________________________________________________________The Salmon in the Chills/Freezer both had Plant Codes & Batch No.sAfter checking the records at the processor the product in fact turned out to be Farmed SalmonAfter InvestigationVerified ProductFarmed Salmon
41Salmon Country of Origin + Production method not Specified Salmon being soldby Processor/Distributorto Retail OutletsChecked Packaging /Labelling +Commercial DocumentationBuys Irish + AlsoScottish/NorwegianThrough ImporterCOO + Production AreaNot always SpecifiedFull Traceability was possibleIrish – Labelled as Farmed IrishScotish/Norwegian – Labelled as Caught NE Atlantic
42Issues Substantial Transformation When can a product produced in Slovakia be labelled as ‘produced in Slovakia’ if the raw material is from a different countryMust not mislead the consumer
43Press Clipping- The China Daily “ And finally, a restaurant in northeastern China that advertised illegal tiger meat dishes was found instead to be selling donkey flesh-marinated in tiger urine. The story explains that the restaurant had advertised stir-fried tiger meat with chillies as well as liquor flavoured with tiger bone. The sale of tiger parts is illegal in China and officers shut down the restaurant, only to be told by the owner that the meat was actually that of donkeys, flavoured with tiger urine to give the dish a “special” tang. The report didn’t say how the urine was obtained… ”World Food Regulation Review