Local Authority Collaborative Survey Programme 2008/9
Following the success of previous collaborative survey programmes, Eurofins Public Analyst Service is planning several food and non-food surveys for the coming year that reflect topical issues.
Participating in the collaborative survey programme ensures that your sampling budget is put to best use; multiplied by the results made available to you by fellow Enforcement Officers. Pooling resources to increase the number of sample results that you can access via a secure web site is an effective mechanism to ensure best value.
The concept is simple, and we want to ensure that the surveys include those subject areas that are most topical to food safety issues and legislation and most importantly, food safety enforcement.
The following food surveys are currently planned; the list is not exhaustive however, as many food alerts may crop up as the year progresses. Naturally, the more Authorities that participate, the better the database that can be established will be, and the better the value for all participants. So please review the following list and contact your Public Analyst for further information, or guidance on how these can complement any Sampling Plan that you may have already developed.
For information about participating in any survey please email
Previous programmes: 2006/7 | 2007/8
Food Surveys
APRIL 2008 - Allergens in 'Allergen-Free' Food
The Food Labelling (Amendment No.2) Regulations 2004 implement Directive 2000/13/EC. They came into force on 25th November 2004 with a transition period expiring in November 2005. Two new allergens, namely lupin and molluscs, have now been added by The Food Labelling (Declaration of Allergens) () Regulations 2007. The Food Labelling (Declaration of Allergens) () Regulations 2008 consolidate the above requirements with the exemptions for certain derivatives and uses of the scheduled allergens.
For pre-packed foods these Regulations set out, inter alia, new labelling rules on the indication of certain allergenic ingredients, if they are present in an amount that is sufficient to trigger an allergic reaction in pre-packed foods, including alcoholic drinks.
The aim of the survey is to monitor the validity of 'allergen free' claims on food labels. Only those allergens that are specifically claimed to be absent will be sought.
JUNE 2008 - Authenticity of Basmati Rice
There is no specific legislation relating to the labelling of Basmati rice. It is however an offence under Section 14 and 15 of the Food Safety Act 1990 to sell food that is not of the nature, substance or quality demanded by the consumer, or to falsely or misleadingly describe or present food. Offences under the Trade Descriptions Act 1968 may also be applicable [Note: this will be replaced by The Consumer Protection from Unfair Trading Regulations 2008].
In July 1995 a Code of Practice on Basmati Rice was agreed in consultation with the Local Authorities Co-ordinators of Regulatory Services (LACORS) and the Association of Public Analysts (APA) which details the specific varieties of rice that are allowed to be designated as "Basmati" and sets limits for the presence of "non-basmati" varieties.
Basmati is a long grain rice which is valued for its characteristic aroma and the distinctive shape of the grain. Basmati rice is sold at a premium, typically two to three times more than non-basmati rice. Previous surveys have shown a significant level of non-compliance [FSA survey 2003/4 found 17% (63 samples) containing in excess of 20% non-basmati varieties)]. With the current international shortage of rice and the associated increases in world prices it is considered that there is currently an elevated risk of Basmati substitution.
Due to high interest the closing date for this survey has been extended to 31 August 2008
AUGUST 2008 - Fruit and Sugars Content of "Smoothies"
A fruit smoothie is normally taken to be a blend of crushed fruits and fruit juices, which is thicker than a fruit juice. Some products exist which also contain yogurt or other dairy products, however these fall outside the intended scope of this survey.
Smoothies became available in the United States in the late 1960s when ice cream vendors and "health food"” stores began selling them. From the 1990s onwards, smoothies became available at mainstream cafés and coffee shops, and in pre-bottled versions at supermarkets.
There is no specific regulatory control over fruit smoothie drinks in the UK, the market for which has developed over the last ten years. The labelling of such drinks is controlled by The Food Labelling Regulations 1996 in England and Wales, and by parallel legislation in Northern Ireland and Scotland.
The purported legal names used for smoothie drinks are frequently unsatisfactory, since they make reference to only the higher value (possibly characterising) ingredients used, and fail to disclose adequately the true nature of the drinks. The name of a food or drink need not re-iterate the list of ingredients, however it must be sufficiently precise to indicate the true nature of the product, and it may not mislead consumers. Additionally, smoothies have a "healthy" image, and whilst many are labelled with nutrition information, consumers may still not appreciate that they can have a high (intrinsic) sugars content, and hence make a significant contribution to both dietary energy, and sugars intake.
Survey samples will be analysed for potassium and phosphorus contents in order for an estimate to be made of total fruit(s) content. The mono and disaccharide (sugars) content will be determined, together with a label check to determine compliance or otherwise with the above Regulations.
AUGUST 2008 - Pesticides in Fruits and Vegetables at Primary Production
The Food Hygiene (England) Regulations 2006 implement Regulation EC No. 852/2004. The Regulations include requirements that foods at primary production are subject to measures to control contamination arising from (amongst other things) plant protection products.
Pesticide (plant protection product) residue levels in food are controlled by The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs)(England and Wales) Regulations 2005 (as amended). These specify maximum residue levels for a large number of pesticide commodity combinations.
The aim of the survey is to monitor levels of pesticides in fruit and vegetables sampled at primary production level in order to check compliance with the above detailed regulations.
OCTOBER 2008 - Health Claims on the Internet
In the past, the main public health concern has been an inadequate intake of nutrients including vitamins and minerals leading to deficiency diseases. The focus has now shifted to the problems of over consumption and the role of the diet in the development of chronic diseases such as heart disease and cancer. There is concern in some quarters that processed food lacks the nutrients necessary for health. Consumers are now more health conscious and may seek out products to provide the nutrients they believe are lacking in processed food. Furthermore, certain nutrients such as long chain omega 3 fatty acids have been linked with a reduction in the risk factors associated with disease and there is also considerable interest in supplements claiming to increase well being and contribute to 'optimal health'.
This has lead to an increase in the number and types of health supplements and functional foods coming onto the market. The advent of the internet has brought new ways for these products to be marketed to consumers through web-sites which may include a variety of 'health' and 'medicinal' claims. In order to control the health claims made on foods and ensure that they are justified, the European Union has introduced Regulation (EC) No.1924/2006 on nutrition and health claims made on foods. The Regulation which applied from 1 July 2007 requires that health claims are subject to scientific substantiation and by 31 January 2010 at the latest can only be used if they are on a Community Register of Approved Claims.
As a first step in the process of drawing up the Register, companies were asked to submit claims to the Food Standards Agency under the Article 13 provisions for inclusion on a list of prospective claims which are based on well established scientific evidence. The FSA have now published the Article 13 lists on their web-site. Whilst the Regulation will eventually permit claims relating to the reduction of disease risk factors, claims that a food can treat, cure or prevent a human disease are still prohibited.
Food supplements are also subject to the provisions of the Food Supplements (England) Regulations 2003.
The purpose of the survey is to sample via the internet a variety of products making health and/or medicinal claims. The samples will be analysed to compare the actual content of the nutrient(s) to the declared level(s) and the claims made for the product on the web-site will be assessed for compliance with Regulation (EC) No.1924/2006 which will include checking if the claims have been included on the Article 13 lists compiled by the FSA.
DECEMBER 2008 - Survey of Omega 3 Fatty Acid Claims
Omega 3 fatty acids are a group of fatty acids with similar physiological properties. Chemically, they have a carbon double bond in the n-3 position in the molecule, and include the essential fatty acid, alpha linolenic acid (ALA), and the long chain polyunsaturated fatty acids (LCPUFAs), eicosapentaenoic acid (EPA) and docosahexaenoic acid (DHA). EPA and DHA are not classed as essential fatty acids because they can be synthesised to some extent in the body from ALA. However, dietary factors can interfere with this synthesis and EPA and DHA are thought to play a role in maintaining a healthy heart. The FSA recommendation to consume one portion of oily fish per week is based on the high content of omega 3 fatty acids in this foodstuff. They have also been linked with beneficial effects on visual and brain development and joint mobility and there are many products on the market making nutrition and health claims based on their omega 3 fatty acid content.
Regulation (EC) No.1924/2006 on nutrition and health claims which is implemented in England by the Nutrition and Health Claims (England) Regulations 2007 introduces controls on such claims made on foods. In the Annex to the European Regulation is a list of permitted nutrition claims accompanied by the conditions which must be fulfilled if they are to be used. At present, there are no specific omega 3 fatty acid claims in the Annex. However, they may have been added to the Annex by the time this survey is undertaken since there are proposals being discussed in Europe to update the Annex. In the meantime, nutrition claims referring simply to the presence of omega 3 fatty acids will have to comply with the 'contains (name of nutrient or other substance)' provisions in the Annex. These provisions include the condition that the product complies with the applicable provisions of Article 5. These include the requirement that the nutrient is contained in the final product in a quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific evidence. High in omega 3 claims will be eligible for the transitional provisions in Article 28(3) and can be used until 19 January 2010 provided they comply with national provisions.
Regulation (EC) No.1924/2006 requires that health claims are subject to scientific substantiation and by 31 January 2010 at the latest can only be used if they are on a Community Register of Approved Claims. As a first step in the process of drawing up the Register, companies were asked to submit claims to the Food Standards Agency under the Article 13 provisions for inclusion on a list of prospective claims which are based on well established scientific evidence. The FSA have now published the Article 13 lists on their web-site. The lists include many prospective claims relating to omega 3 fatty acids. The final decision on whether these claims are included on the final approved list will be made by the European Commission. Other relevant recommendations include the Joint Health Claims Initiative (JHCI) approved health claim for long chain omega 3 fatty acids :- 'Eating 3g weekly, or 0.45g daily, long chain omega – 3 polyunsaturated fatty acids, as part of a healthy lifestyle, helps to maintain heart health' and The Report of the Panel on Dietary Reference Values of the Committee on Medical Aspects of Food Policy No.41 – Dietary Reference Values for Food Energy and Nutrients for the United Kingdom recommendation that alpha linolenic acid should provide at least 0.2 per cent of total energy.
The purpose of the survey is to sample a variety of products making omega-3 fatty acid claims. The samples will be analysed to compare the actual content of omega-3 fatty acids to the declared level and the claims made for the product will be assessed for compliance with Regulation (EC) No.1924/2006 which will include checking whether the claims have been included on the Article 13 lists compiled by the FSA, where appropriate.
JANUARY 2009 - Nutritional Content of "Healthy" Meals at Catering Establishments
The Food Standards Agency Strategic Plan for 2005-2010 'putting consumers first' has the following listed amongst its key aims:
Eating for health
To make it easier for all consumers to choose a healthier diet, and thereby improve quality of life by reducing diet-related disease
Choice
To enable consumers to make informed choices
Diet affects consumer health in many ways, for example:
- Too much salt is associated with increased blood pressure
- People with high blood pressure are three times more likely to develop heart disease and stroke and twice as likely to die from these diseases than those with normal levels
- About a third of all deaths from coronary heart disease are attributable to diet
- If current trends continue, by 2020 at least one-third of adults, one-fifth of boys and one-third of girls will be obese
- Obesity costs the economy at least £2.5 billion per year
- Diet is thought to play a role in about one-third of all deaths from cancer
The Defra report 'Family food 2006' states that trends in purchases since 2003-2004 show that the UK population is increasing its purchase of healthy foods. Even so estimates show that the UK population is still falling short of meeting government guidelines on healthy eating. In order to help consumers improve their diet and make informed food choices the front of pack signpost labelling scheme was introduced for pre-packed foods. The majority of large retailers, many manufacturers and a number of service providers now use the Food Standards Agency's recommended approach to front-of-pack signpost labelling. However, most of this information is provided for pre-packed foods only.
According to information from the office of national statistics household spending on eating out has increased by 8.2 % from 2003/2004 to 2006. A wide variety of eating out options are now available including many family friendly establishments some of which represent good value for money enabling people to be able to afford to eat out regularly. In these circumstances the only information available regarding the nutritional value of a meal is that provided by the caterer in the form of presenting a specific meal as a healthier option or perhaps making nutritional claims such as 'low fat'.
The aim of the survey is to undertake the sampling and analysis of foods described as 'healthy options' from catering establishments to determine the energy, fat, saturates, sugars and salt level per portion and per 100 g.
The information obtained will be assessed against the criteria developed by the Food Standards Agency for the signpost labelling scheme used on pre-packed foods and each portion will be assigned its 'traffic light' labelling accordingly for each nutrient. The accuracy of any nutritional claims will be commented upon along with the guideline daily amount of nutrients provided by the meal. the relative healthiness of each meal will be assessed and the accuracy of the marketing of the meal as a healthy option will be considered.
FEBRUARY 2009 - Nutritional Value of Meals Specifically Prepared for Older People
Many older people suffer from under nourishment resulting from a number of underlying problems such as poverty, social isolation, ill health or the effects of medication on appetite. Over half a million people in this vulnerable group are in long term residential care, in either care homes or in nursing homes while, a significant number of others are dependent for hot food on the 'meals on wheels' service or day centre lunch clubs.
A good diet can play an important role in minimizing potential health problems and assisting recovery from illness. As people become less active their energy requirements fall leading to a lower food intake. It is important to ensure that the diet continues to provide adequate levels of vitamins and minerals.
Over the last few years the Food Standards Agency has put considerable effort into promoting the benefits of a healthy diet and encouraging people to choose health options. However, many older people are unable to make such choices and have to accept what they are given.
The Caroline Walker Trust, drawing on the dietary reference values prepared by COMA (the Committee on the Medical Aspects of Food Policy) has compiled a comprehensive set of guidelines on the average nutrient content for the average community meal served over a one week period.
The purpose of this survey is to assess whether the meals provided to older people under the Meals on Wheels scheme and similar initiatives meat the nutritional requirements for the population group they are prepared for.
An analysis for every parameter for which a recommended level has been set would be prohibitively expensive. It has therefore been decided to select a number of parameters which are considered to be of particular significance for older people namely energy, calculated from protein, carbohydrate (by difference) and fat and also vitamin C and calcium and compare the levels of these nutrients to those recommended by the Caroline Walker trust. A report giving details of the nutrition levels of each meal and identifying any trends will be prepared at the end of the survey.
Non-Food Surveys
MAY 2008 - Cosmetic Products Survey
Survey Leader – Andrew Smith MChemA
The Cosmetic Products (Safety) Regulations 2004 (SI 2004:2152) require that no person shall supply any cosmetic product which is liable to cause damage to human health when it is applied under normal conditions of use or conditions which are reasonably forseeable.
Schedule 3 of the Regulations (Substances which cosmetic products must not contain except subject to restrictions laid down) require that the presence of 26 allergenic substances must be indicated in the list of ingredients on the packaging of a product when present in amounts greater than 0.001% in leave-on products and 0.01% in rinse-off products.
The aim of the survey is to determine the amount of allergenic ingredients in products that are not labelled with an indication of allergens.
JUL 2008 - Indication of Fibre Content of Textiles
Survey Leader – Andrew Smith MChemA
The Textile Products (Indications of Fibre Content) Regulations 1986 (as amended) require simply that in the case of any supply of textile products by retail, an indication of the fibre content of the products shall be given by marking or labelling the product or marking or labelling the packing.
The Textile Products (Determination of Composition) Regulations 2008 apply for the purpose of the Textile Products (Indications of Fibre Content) Regulations 1986 for determining in the course of any official test the composition of any textile product comprising a binary textile fibre mixture or a ternary fibre mixture.
The aim of the survey is to determine the fibre content of textile products sold on market stalls. This does not preclude the submission of samples from other retail outlets.
Previous experience suggests that items of clothing sold at market outlets are either not labelled or labelled misleadingly. For example,
- nylon goods or goods with a high percentage of nylon are labelled as cotton
- "Silk" ties that do not contain silk
Samples will be assessed and tested in accordance with the requirements of the Regulations.
SEP 2008 - Determination of the Mechanical Safety of Children’s Clothing
Survey Leader – Andrew Smith MChemA
Surveys of similar products in 2005, 2006 and 2007 produced a very high failure rate. The aim of the survey is again to determine the mechanical safety of items of children’s clothing, including footwear, intended for children under three years of age. Samples will be assessed and tested in accordance with the requirements of the Standards.
OCT 2008 - Christmas Ornaments
Survey Leader – Andrew Smith MChemA
In our experience products which would otherwise satisfy the definition of a "toy" and fail to satisfy the essential safety requirements of the Toys (Safety) Regulations are sold, with or without labelling, as Christmas ornaments. It is our contention that many, if not all, of these articles are child appealing and consequently must not present risk of injury to a child, i.e. must satisfy the requirement of the General Product Safety Regulations.
The aim of the survey is to determine that child appealing Christmas ornaments on sale in the UK comply with the requirements of the General Product Safety Regulations 2005.
Jan 2009 - Hot Water Bottles
Survey Leader – Andrew Smith MChemA
Hot water bottles are covered by BS 1970: 2001 Hot water bottles manufactured from rubber and PVC - Specification.
The General Product Safety Regulations 1994 require that no producer shall place a product on the market unless the product is a safe product.
The Regulations define a "safe product" as any product which, under normal or reasonably foreseeable conditions of use, including duration, does not present any risk or only the minimum risks compatible with the product’s use, considered as acceptable and consistent with a high level of protection for the health and safety of persons, taking into account in particular:
- the characteristics of the product, including its composition, packaging, instructions for assembly and maintenance
- the effect on other products, where it is reasonably foreseeable that it will be used with other products
- the presentation of the product, the labelling, any instructions for its use and disposal and any other indication or information provided by the producer
- the categories of consumers at serious risk when using the product, in particular children
The fact that higher levels of safety may be obtained, or other products presenting a lesser degree of risk may be available shall not of itself cause the product to be considered other than a safe product.
We are aware of complaints and incidents of regarding hot water bottles. The aim of the survey is to determine that hot water bottles on sale in the UK comply with the requirements of the Standard and the requirements of the General Product Safety Regulations.
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