Contaminants - legislation

Contaminants are substances found in food that have not been intentionally added to the food. These substances may have entered the food during its production, or they might be the result of environmental contamination.

Since contaminants generally have a negative impact on the quality of food and may be a risk to human health, their presence in foods is controlled by legislation.

The main legislation is European Commission Regulation 1881/2006, enforced in the UK by The Contaminants in Food (England) Regulations 2007 and similar regulations in Northern Ireland and Scotland. These regulations contain the maximum allowable levels of certain named contaminants (some heavy metals, dioxins etc.) in food. In addition, Regulation 853/2004 deals with marine biotoxins and histamine.

For maximum permitted levels in seafood of the following contaminants, click on the appropriate link.

 

Other contaminants
Where no specific maximum level has been established, business operators will in any case have the responsibility to take the appropriate measures to protect public health. The provision for this in European law is Article 2 of Regulation 315/93: Food containing a contaminant in an amount which is unacceptable from the public health viewpoint and in particular at a toxicological level shall not be placed on the market. This is in addition to the general food law requirement of Article 14 of Regulation 178/2002, which states: Food shall not be placed on the market if it is unsafe. The equivalent in UK law is Section 8 of the Food Safety Act 1990, which bans the sale of contaminated food.

 

Guidance
Link to the Food Standards Agency (FSA) Guidance Note on the Contaminants in Food (England) Regulations
Link to the EU's Food Contaminants information page on the DG Sanco website
Link to the DG Sanco Fact Sheet on Contaminants

 

Recent developments

The Marine Strategy Framework Directive (MSFD)
The Marine Strategy Framework Directive (Directive 2008/56/EC, published in June 2008) is a European initiative intended to facilitate cooperation between Member States to improve the quality of the marine environment around Europe by 2020. Strategy, progress and targets will be based around a series of descriptors of 'Good Environmental Status' (GES). These descriptors, eleven in all, cover a broad range of parameters including biodiversity, levels of fish stocks, litter and noise. Two descriptors are associated with chemical contamination - Descriptor 8, which relates to pollution in general, and Descriptor 9, which relates directly to fish and other seafood for human consumption. One consequence of the latter is that there is likely to be a greater emphasis on linking chemical contaminant levels in fisheries products to specific marine sub-regions. 

EU Commission proposed revisions to cadmium limits
The EU proposal on cadmium limits across a range of food commodities was discussed at the Commission Expert Committee on 10 October 2011. The Commission attempted to continue these discussions at the Standing Committee meeting on 23 November 2012. Some member states including the UK pointed out that it was not appropriate to have technical discussions at a Standing Committee, so discussions will be continue at Expert Committee meetings in 2012. The Commission's latest draft of the proposal can be found here. (This is a working document circulated to member states to aid discussions and not a formal proposal from the Commission.) See also Seafish Legislation News here.

The UK is keen that any changes to the current limits should be proportionate, achievable and justifiable. The UK expects the Commission to propose suitable transitional periods for any new limits.

Cadmium in brown crab meat
Levels of cadmium in brown crab meat vary but can often be higher than those in the white meat as the brown meat includes the crab's internal organs which can accumulate contaminants.

The EU Commission has produced an information note on cadmium in brown crab meat, with the expectation that individual Member States will produce bespoke consumption advice relevant to their consumers. There are no plans to try to set a limit for cadmium in brown crab meat or to prohibit its sale.

In May 2011 the FSA requested data from the industry on cadmium levels in brown crab meat. Unfortunately, the information provided was not sufficient to establish consumption advice. Consumption advice based on this data might have been overly conservative. In order to ensure that consumption advice is representative and proportionate, the FSA will carry out a survey, in summer 2012, of the levels of cadmium in brown crab meat on sale in the UK.

Mercury
EFSA have been requested by the Commission for an updated opinion on inorganic mercury / methyl mercury in all food commodities. The Joint WHO/FAO Committee on Food Additives (JECFA) established a new provisional total weekly intake (PTWI) of 4μg/kg b.w. for inorganic mercury. The PTWI for methyl mercury remained unchanged at 1.6μg/kg b.w). EFSA published a call for occurrence data for inorganic and methyl mercury with a deadline of 1 October 2011 to which the UK contributed.

Lead
EU discussions on the review of lead limits are on hold while cadmium is dealt with, but this is expected to progress rapid in the early part of next year. The FSA will then request comment and data on this issue.

Brominated flame retardants (BFRs)
EFSA published several opinions on BFRs over the last 2 years. In the case of polybrominated biphenyls (PBBs) it found that levels were very low and, in view of the fact that manufacture and use were phased out several decades ago, PBBs are of no further interest. For polybrominated diphenyl ethers (PBDEs), in general there were no concerns. However, a possible adverse neurodevelopmental effect in young children was linked to BDE 99. EFSA noted that, although PBDE production and use have been phased out, many products containing PBDEs are still in use. EFSA concluded that there was a need for further data on occurrence as well as toxicology and epidemiology. Similarly, although no health concerns were identified for hexabromocyclododecanes (HBCDDs), as production and use are continuing, EFSA recommended that data collection should continue, particularly for levels in food for infants and toddlers. EFSA also developed opinions on tetrabromobisphenol (TBBPA) and other brominated phenols. The EFSA opinions can be found at:

PBBs - www.efsa.europa.eu/de/scdocs/doc/1789.pdf
PBDEs - www.efsa.europa.eu/en/efsajournal/doc/2156.pdf
HBCDDs - www.efsa.europa.eu/en/efsajournal/doc/2296.pdf
TBBPA - http://www.efsa.europa.eu/en/efsajournal/pub/2477.htm
Brominated phenols and derivatives - http://www.efsa.europa.eu/en/efsajournal/pub/2634.htm

Intelligence gathering on nanotechnology in food production
The FSA will shortly be putting out an open call to industry to encourage businesses to share any relevant information about prospective uses of nanotechnologies in food production. The FSA is also continuing to work on a register of nano/food applications.

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