final report of a mission carried out in brazil from 15 to 24 march ...

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nuts inshellShelledBrazilnuts1419 553 1096 1170 252 688 353 317.7Source: Eurostat database4.3 FOOD PRODUCT INFORMATION CONCERNING PUBLIC HEALTH ISSUESAflatoxins are mycotoxins produced by certain species of Aspergillus, which develop at hightemperatures and humidity levels and may be present in a large number of foods. The aflatoxingroup includes a number of compounds of varying toxicity and frequency in food. Aflatoxin B1 isthe most toxic compound. For safety reasons, it is advisable to limit both the total aflatoxin content(compounds B1, B2, G1 and G2) in food and the aflatoxin B1 content. Maximum limits foraflatoxins in food have been fixed in legislation taking into account the known possible effects ofsorting, mixing or other physical treatment methods to reduce aflatoxin content. In accordance withAnnex I to Regulation (EC) No 1881/2006, the maximum admissible aflatoxin levels in groundnuts,nuts and dried fruit are as follows:• Hazelnuts and Brazil nuts intended for direct human consumption or use as an ingredient infoodstuffs:5.0 μg/kg aflatoxin B1 content, and10.0 μg/kg total aflatoxin content (sum of B1, B2, G1 and G2).• Hazelnuts and Brazil nuts subject to sorting or other physical treatment before humanconsumption or use as an ingredient in foodstuffs:8.0 μg/kg aflatoxin B1 content, and15.0 μg/kg total aflatoxin content (sum of B1, B2, G1 and G2).Sampling also plays a crucial part in determining mycotoxin levels, which may be veryheterogeneously distributed in a consignment. Commission Regulation (EC) No 401/2006 thereforeestablishes sampling procedures and general criteria to ensure that laboratories carrying outanalyses use methods of analysis with comparable levels of performance.5 FINDINGS AND CONCLUSIONS5.1 LEGAL REQUIREMENTSArticle 11 of Regulation (EC) No 178/2002 requires food and feed imported into the EU for placingon the EU market to comply with the relevant requirements of EU food law or conditionsrecognised by the EU to be at least equivalent.Article 10 of Regulation (EC) No 852/2004, in conjunction with its Article 3, requires food businessoperators (FBOs) to ensure that all stages in the production, processing and distribution of foodunder their control comply with the relevant hygiene requirements laid down in this Regulation.Article 10 of Regulation (EC) No 852/2004, in conjunction with its Article 4(1), requires that FBOscarrying out primary production and associated operations listed in Annex I comply with the generalhygiene provisions laid down in part A of Annex I.Article 10 of Regulation (EC) No 852/2004, in conjunction with its Article 4(2), requires that FBOsengaged in any stage in the production, processing and distribution of food after those stages to3
which Article 4(1) applies comply with the general hygiene requirements laid down in Annex II.Article 10 of Regulation (EC) No 852/2004, in connection with its Article 5, requires FBOs to putin place, implement and maintain a permanent procedure or procedures based on HACCPprinciples.Article 1 of Regulation (EC) No 401/2006 requires that sampling for the official control ofmycotoxin levels in foodstuffs be carried out in accordance with the methods set out in its Annex I.Concerning nuts (Brazil nuts), the method of sampling is laid down in Annex I.D.Article 2 of Regulation (EC) No 401/2006 requires that sample preparation and methods of analysisused for the official control of mycotoxin levels in foodstuffs comply with the criteria set out in itsAnnex II.Article 3 of Regulation (EC) No 1152/2009 requires that consignments of foodstuffs as referred toin Article 1 of the Regulation may only be imported into the EU in accordance with the procedureslaid down in this Regulation. Article 1(a) of the Regulation states that it applies to imports of thefollowing Brazil nuts originating or consigned from Brazil: Brazil nuts in shell coming undercategory CN code 0801 21 00 and mixtures of nuts and dried fruits coming under CN code 0813 50and containing Brazil nuts in shell.Article 4 of Regulation (EC) No 1152/2009 requires that Brazil nuts presented for import into theEU must be accompanied by the results of sampling and analysis and a health certificate inaccordance with the model set out in Annex I for foodstuffs from Brazil, completed, signed andverified by an authorised representative of the MAPA.5.2 RELEVANT NATIONAL LEGISLATIONFindingsMain legislation relevant to this mission:• Decree No 6268/2007, implementing Law 9972/2000, establishes among other things thatestablishments involved in the classification of plant products (such as Brazil nuts) have tobe registered in the General Classification Registry. This also includes establishmentsproducing nuts for the domestic market.• MAPA Normative Instruction No 66/2003, in connection with paragraph 2 of Article 2 ofNormative Instruction No 13/2004, establishes mandatory requirements for the registrationof exporters of Brazil nuts to the EU. It also establishes a general requirement for exportingestablishments to implement Good Manufacturing Practices (GMP), but does not specifywhat requirements these establishments have to meet. According to the CAs, MAPAAdministrative Order No 377/2009, which is currently in the public consultation stage, willreplace Normative Instruction No 66/2003.• MAPA Normative Instruction No 12/2004 states that the export of in-shell Brazil nuts issubject to specific health certification by MAPA when required by importing countries.• MAPA Normative Instruction No 13/2004 establishes detailed procedures for thecertification of Brazil nuts exported to the EU, sampling and procedures for the control ofconsignments rejected at the point of import.• MAPA Normative Instruction No 42/2008 establishes general requirements for theimplementation of the National Residues and Contaminants Control Plan for Plant Products.MAPA Normative Instruction No 21/2009 approves this National Residues andContaminants Control Plan for the 2009/2010 harvesting season.• A limit of 30 ppb for total aflatoxin content in Brazil nuts is set for the Brazilian domestic4
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