Introduction 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.

Audits of official agencies Under service contract to FSAI Focused Audits Labelling & Traceability SRM Special Investigations Food Fraud

Misleading advertising,presentation & labelling of foodstuffs Legislation Directive 2000/13/EC…. On the approximation of the laws of Member States relating to the labelling, presentation and advertising of foodstuffs Article 16 of Regulation 178/2002

Overview Labelling legislation Where are the rules on food labelling?

European horizontal labelling legislation European Directive 2000/13/EC Meat products amendment: Directive 2001/101/EC (as amended Directive 2002/86/EC) Allergens amendment: Directive 2003/89/EC (as amended Directive 2005/26/EC) (Directive 2005/63/EC correcting 2005/26/EC)

Article 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.

Definitions ‘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

Definitions ‘pre-packaged’ shall mean any single item … consisting of a foodstuff and the packaging into which it was put before being offered for sale……

Derogation where a prepackaged foodstuff is: For supply only to mass caterers (for preparation, processing, cutting, etc) or Intended 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)

In such cases the labelling information may appear on the commercial documents accompanying the foodstuff. Commercial Document

Information on label must be clear and unambiguous

Must not mislead the consumer to a material degree: As to the characteristics of the foodstuff and, in particular: as to its nature identity properties composition quantity durability origin or provenance method of manufacture or production

Must not mislead the consumer to a material degree: By attributing to the foodstuff effects or properties which it does not possess By suggesting that the foodstuff possesses special characteristics when in fact all similar foodstuffs possess such characteristics.

LABELLING must not attribute to any foodstuff the property of preventing, treating or curing a human disease or refer to such properties

The information provided on the label must be: easy to understand be clearly legible it must also be indelible easy to see and not obscured in any way

Language The labelling of foodstuffs must be in a language easily understood by the consumer e.g. In Ireland it must be in English or English & Irish In Slovakia it may have to be in Slovakian. Will it have to be in another language ??

Overview When do the labelling rules apply? General requirements Compulsory labelling requirements

When do the labelling rules apply? Pre-packaged foods and Available for sale to consumers and/or the catering trade Food 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.

General requirements Purchaser must not be misled Medicinal claims prohibited Information 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 properties labelling 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.

Overview of labelling requirements name of food* ingredients quantity of certain ingredients (QUID) net quantity* date of minimum durability* special storage instructions name and address of manufacturer/packer/seller origin Instructions for use alcohol 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 ingredients The quantity of certain ingredients The net quantity* The date of minimum durability* Any special storage instructions or conditions of use The name or business name and address of the manufacturer or packager, or of a seller within the European Union Place of origin of the foodstuff if its absence might mislead the consumer to a material degree Instructions for use where necessary Beverages with more than 1.2% alcohol by volume must declare their actual alcoholic strength.* *Field of Vision The 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

Field of Vision: The name of the foodstuff the date of minimum durability the net quantity The intention is that all the information can easily be seen at the same time under normal purchasing conditions

Food 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

                                                                                          

What to Look For on a Label                                                                                                                                                                                                            

How 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:                                                                                        

PLACE 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 Burgers Florida Orange Juice Processed Whole Irish Chicken Breast

Case Studies Beef & Poultry

BEEF Brazilian beef with SEL stating Irish Beef supplied by cold store (mixture of Irish & imported) Export refunds Cooked in plant Not labelled as Irish leaving the plant Brazilian beef with SEL stating Irish Delivered to multiple Multiple delivers to retail Shelf Edge Label (SEL) states Irish SELs Produced centrally

Chicken Fillets Caps imported from Belgium Skinned and cut in half Packaged and labelled as ‘Produced in Ireland’ Irish Health Mark

We guarantee that all our chicken breast fillets and “Customers, We guarantee that all our fresh whole chickens, chicken breast fillets and portions are 100% Irish” UK 1234 EC

Adare Farm Chicken Dutch Health Mark

Inish Glora Farm Chicken Fillets German Health Mark

Examples of Fishy Labelling

Seafresh Ltd, Castletown, Co.Galway Traditional SMOKED IRISH SALMON Seafresh Ltd, Castletown, Co.Galway PRICE x.xx WEIGHT xxxx USE BY xx/xx/xxxx Ingredients: Irish Atlantic Salmon (farmed), Salt,Oak Smoke Ingredienti: Salmone Irlandese Atlantico (di allevamento ) Sale, Fumo di Quercia Nutritional Information ____________________________________ xxxxxx xxxxxx xxxxx xx.xx ___________________________________ xxx x.xx English Farmed = Correct Italian di allevamento = incorrect prodotto di acquacoltura = Correct

Traditional HAND SLICED SMOKED IRISH WILD SALMON Farmed Salmon Seafresh Ltd, Castletown, Co.Dublin Farmed Salmon Scotland/Shetland Norway HAND SLICED Machine Sliced Nutritional Information ____________________________________ xxxxx xxxx __________________ __________________ ___________________________________ xxxxx xxx PRICE xx WEIGHT xxxxx USE BY xxxxxx Ingredients: Salt, Smoke & Salmon IRL Xxx DL

Misleading in the absence Traditional SMOKED IRISH SALMON Seafresh Ltd, Castletown, Co.Dublin PRICE xx WEIGHT xxxxx USE BY xxxxxx Ingredients: Salt, Smoke & Salmon Nutritional Information ____________________________________ xxxxxx xxxx xxxxx xxxx ___________________________________ xxxxx xxx IRL Xxx DL Our Smoked Irish Salmon is Harvested in the crystal clear waters of the North Atlantic and off the rugged West Coast of Ireland Production Method Not Indicated Terminology Used Misleading in the absence of Production Method & Specific Catch Area Catch Area Not Specific

Wet Fish Display Counter “All our fish are caught off the west coast of Ireland” Wet Fish Display Counter Nile Perch Frequently Didn’t specify Date of minimum durability Company Code/Approval Numbers List of Ingredients List of Flavourings Etc…… Farmed Scottish Salmon

Case Studies Fishery Products

Complaint Wild Salmon Complaint Contact HSE Significant Non Compliance Cautioned by DCMNR + HSE Audit of Premises (Processing Plant + Fishmongers) Fishmongers A considerable amount of product on display in chills/freezer e.g Fresh/Frozen crabmeat, Tiger Prawns, Swordfish, etc… Not labelled any way looked as if it was going off Fresh Yellow Fin Tuna on display was over a week past it’s expiry date All fresh fish on display – No Catch area/Production Method/Commercial Designation of spp. Wild Oak Smoked Salmon no Catch area – noted the Batch Code Premises Owners Cautioned by HB – Product seized and samples taken for Micro Analysis --------------------------------------------------------------------------------------------------------------- Similar situation in the Processing plant – general lack of labelling compliance Companies traceability System – broke down on the morning of the audit Requested traceability for the Wild Oak Smoked Salmon form the Fishmongers When asked for traceability for this product they supplied batch processing records when it was filleted smoked and packaged The Invoice Docket indicated that product came from a supplier and there batch No.s and quantities specified No tags were present indicated that they were with the supplier __________________________________________________________________________________________ Visited Supplier Brought a copy of the Invoice and checked against theirs – WERE NOT THE SAME! The product/Codes/Dispatch Dates were different and invoice was for Whitefish Supplier indicated that Wild Salmon had not been supplied in over 2 yrs to this customer Invoice Not the Same - Altered Visited Supplier

Wild Salmon Displayed on Menu Checked Product Chill/Freezer Checked Invoices/ Delivery Docket from Distributor DCMNR Poor traceability At Processors Contacted DCMNR to verify Product Codes Hotel Product on Menus Labelled as: Poached Supreme of Blackwater Salmon with a Dill & Leek Cream Sauce Poached Supreme of Atlantic Salmon with a Dill & Leek Cream Sauce Restaurant Oven 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.s After checking the records at the processor the product in fact turned out to be Farmed Salmon After Investigation Verified Product Farmed Salmon

Salmon Country of Origin + Production method not Specified Salmon being sold by Processor/Distributor to Retail Outlets Checked Packaging / Labelling + Commercial Documentation Buys Irish + Also Scottish/Norwegian Through Importer COO + Production Area Not always Specified Full Traceability was possible Irish – Labelled as Farmed Irish Scotish/Norwegian – Labelled as Caught NE Atlantic

Issues Substantial Transformation When can a product produced in Slovakia be labelled as ‘produced in Slovakia’ if the raw material is from a different country Must not mislead the consumer

Press 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

It is OUR job to protect this Person !