Regulatory Matters - Research programs

Since we share a common concern regarding food safety with a.o. the public, the retail industry and our Members' customers, it behoves us to proactively address those interests by engaging in research programmes, often carried out in the producing countries. Among those currently under review:

OCHRATOXIN A (OTA): ECA is equally sharing with CAOBISCO 90 % (10% balance: FCC) of a research program, addressing the issue of OTA origin in cocoa beans. The actual research has been carried out by CIRAD ( French Agricultural Research Centre for International Development) since 2000, and has enabled co-operation with the origin countries such as LANADA.

The research has conclusively demonstrated the origin of the toxin being a mould that develops during the first two stages of the production process (fermenting and drying).

Taking into account

• the industry data,
• the ECA/CAOBISCO-induced research,
• the limited OTA daily intake due to cocoa, emphasized by our working group (also available in the SCOOP report, though we contest the actual data for cocoa),
• intense public affairs activity by the working group.

the European Commission (DG Sanco) has so far decided not to set any maximum OTA level on cocoa/cocoa products.

The appropriateness of setting a maximum OTA level on cocoa/cocoa products, as well a review of the existing maximum levels will be considered after the availability of the EFSA report on OTA toxicology. This assessment is expected in the first half of 2006.

However, despite the Commission's decision not to set any maximum OTA level for cocoa/cocoa products, the Italian Authorities have illegally rejected imported materials with OTA levels above 2 ppb and initiated rapid alert system notifications. They may set a limit for domestic products but may not affect cross-border trade which is unregulated, OTA limit-wise, by the Commission. This is a rare case where ECA has intervened officially with the EU Commission, by writing a formal letter of complaint to DG Internal Market. Although the College of Commissioners decided not to pursue the case because of the 'absence of seizure by the Italian Authorities in 2004', our ultimate goal was achieved as the Italians ceased their illegal initiatives.

BENZO(A)PYRENE (B(a)P): Following the opinion of the Scientific Committee on Food (4 December 2002) the European Commission is developing possible legislation to set maximum PAH levels in particular for benzo(a)pyrene (B(a)P) in certain foods. For ‘oils and fats for direct human consumption or use as an ingredient in foods', the Commission has proposed a 2 ppb limitation for B(a)P. The Commission has however granted a three year derogation to cocoa butter and has decided to review the matter by 1 April 2007.

Should cocoa butter be included in the 2 ppb limitation category, some ECA members will be impacted. Availing ourselves of their experience with other oils and fats, ECA has set up a joint working group with CAOBISCO in 2004 to investigate the B(a)P issue and obtain valid scientific data, through the auspices of CIRAD as for OTA and collected on 3 continents.

PESTICIDES: As many other products and commodities, cocoa has been included in the Annex 1 of EU Regulation (EC) 396/2005 ('listing of the food and feed products to which MRLs for pesticides apply') under the denomination 'beans after removal of the shells'. In line with these food safety trends, ECA proactively launched mid-2005 a pesticides working group on the subject matter. CAOBISCO joined the working group at the end of the year. We have contracted with CABI for the field work, and are seeking participation of the producing countries and the pesticides industry.

SMOULDERING AND SELF-IGNITION OF COCOA PRODUCTS: The 2002/2003 research program undertaken and financed by ECA at the request of the Dutch Fire Authorities, demonstrated 'the unlikelihood of self heating of fermented cocoa beans leading to ignition'. However, due to additional events in the Netherlands, this conclusion no longer fully satisfied the Dutch Fire Authorities, who requested additional research. Therefore, ECA went one step further in the programme by investigating whether residues of aluminium phosphide could lead to the ignition of cocoa beans. This second study concluded to 'the unlikelihood of self-heating of fermented cocoa beans alone leading to ignition under normal conditions'.