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FASFC memo regarding legislative changes to the import of FOOD&FEED

The legislation surrounding the import of products not of animal origin is about to change as of 01/01/2017.

1. Amendment to the appendix in Regulation 669/2009 with Implementing Regulation (EU) No. 2016/2107:

  • Click here for further info regarding the tightened inspections upon import of particular foodstuffs and animal feeds not of animal origin.
  • The following products will be added to the list (applicable as of 01/01/2017):

      1. Peanuts and peanut butter originating from Bolivia imported as foodstuff/animal feed
      2. Sesame seed originating from Uganda imported as foodstuff
      3. Aubergines (Solanum melongena) and Ethiopian aubergines (Solanum aethiopicum) (fresh or frozen) originating from Uganda imported as foodstuff
      4. Pineapple (fresh) originating from Benin imported as foodstuff
      5. Table grapes (fresh) originating from Egypt imported as foodstuff
      6. Pomegranates (fresh) originating from Turkey imported as foodstuff
  • With the following products the percentage of physical inspections to be inspected will change (as of 01/01/2017):

      1. Lemons from Turkey to be increased from 10% to 20%
      2. Pistachios from USA to be reduced from 20% to 10%
      3. Dragon fruits (pitahaya) from Vietnam to be reduced from 20 % to 10 %

2. Amendment to the list of products to be inspected in Regulation 884/2014 with Implementing Regulation (EU) No. 2016/2106

  • For further info on the specification of special conditions for the import of certain animal feeds and foodstuffs from certain third countries pertaining to the risk of aflatoxin contamination click here.
  • The following products will be added to the list (as of 22/12/2016):

      1. Pepper from the Piper genus, and dried, pureed or crushed fruits of the Capsicum genus and Pimenta (pepper, Spanish pepper) under CN code 0904 originating from Ethiopia imported as foodstuff – dried spices
      2. Ginger, saffron, turmeric, thyme, bay leaves, curry and other spices under CN code 0910 originating from Ethiopia imported as foodstuff – dried spices
      3. Peanuts and peanut butter originating from Argentina imported as foodstuff/animal feed
      4. Hazelnuts and derivative products such as hazelnut paste, oil, flour, … originating from Azerbaijan imported as foodstuff
      5. All products that contain 20% or more of one of the products listed above likewise fall under the application of Regulation 884/2014 (e.g. coated peanuts from Argentina)
  • With the following products the percentage of physical inspections to be inspected will change (as of 22/12/2016):

      1. Dried figs from Turkey to be reduced from 20% to 10%
      2. Peanuts and peanut butter from India to be reduced from 20% to 10%
      3. Hazelnuts from Turkey to be increased from spot checks to 5%

3. Clarification regarding Implementing Regulation 2016/6 dated 5 January 2016 specifying special conditions for the import of foodstuffs and animal feeds originating from or sent out of Japan in relation to the accident at the Fukushima nuclear power plant and in relation to the repeal of Implementing Regulation (EU) No. 322/2014:

  • Evidently the circular dated January 2016 was insufficiently clear on the following issue: All derivative products and products that contain 50% or more from the list of products to be inspected, must be reported by means of a CED.
  • As a reminder: the list of products to be inspected from Japan is as follows: mushrooms, fish and fishery products excluding scallops, rice, soya beans, (Japanese) persimmon, Japanese coltsfoot (fuki), Aralia spp., bamboo shoots, eagle fern, Japanese king fern, and ostrich fern and koshiabura. So, soya sauce for example shall also fall under this legislation.