Explanatory Memorandum to COM(2012)578 - Use of lactic acid to reduce microbiological surface contamination on bovine carcases

Please note

This page contains a limited version of this dossier in the EU Monitor.

1. CONTEXT OF THE PROPOSAL

Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators. It provides that food business operators are not to use any substance other than water to remove surface contamination from products of animal origin, unless the use of the substance has been approved in accordance with that Regulation. It provides that the use of approved substances is not to affect the obligations of food business operators to comply with the requirements of that Regulation.

On 14 December 2010, the Commission received an application for approval of the use of lactic acid to reduce surface contamination of bovine carcases and meat.

On 26 July 2011, the European Food Safety Authority (EFSA) adopted a favourable opinion on the evaluation of the safety and efficacy of lactic acid for decontamination purposes. The Commission therefore proposed measures concerning the use of lactic acid to reduce surface contamination on bovine carcases.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



A draft Commission Regulation approving the use of lactic acid to reduce surface contamination on bovine carcases was submitted to the Standing Committee of the Food Chain and Animal Health, on 21 September 2012, for an opinion. The Committee did not deliver an opinion on the draft Commission Regulation, as a qualified majority was not reached neither for nor against the proposed measures.

Consequently, pursuant to Article 3(2) of Regulation (EC) No 853/2004 and in accordance with Article 5a of Council Decision 1999/468/EC, the Commission is submitting to the Council and the Parliament a draft Council Regulation relating to the measures to be taken, the Council having two months in which to give its position following which the Parliament would also have an additional two months to give its position. In the absence of an opinion of the Council, the Regulation is sent back to the Commission and the Commission has the legal obligation to adopt the measures.

No impact assessment was foreseen for this implementing Regulation.

2.

LEGAL ELEMENTS OF THE PROPOSAL



Following the positive EFSA Scientific Opinion and taking into account that lactic acid can provide a significant reduction of possible microbiological contamination, it is deemed appropriate to approve its use to reduce surface contamination of bovine carcases. Such use should however be subjected to certain conditions (concentration, temperature, etc.) as reported in Part I of the Annex to this Regulation.

The use of lactic acid for surface decontamination should be limited to the use on carcases or half carcases or quarters at the level of the slaughterhouse and it should be integrated into good hygienic practices and HACCP-based systems. Furthermore, its use must not affect the food business operator's duty to comply with the requirements of Union legislation on food hygiene -as laid down in Regulations (EC) No 852/2004, No 853/2004 and No 2073/2005- and should in no way be considered as a substitution for good hygienic slaughtering practices and operating procedures.