2023-07: European Union: Reporting of residues above EU MRLs to EU-listed establishments

Date of issue: 27 September 2023

Date of effect: Immediate

Reference Number: MAA 2023-07

Related MAAs: N/A

Attention:

  • Industries—Industry bodies – Seafood Export Consultative Committee, Seafood Trade Advisory Group, Seafood Industry Australia
  • Export establishments
  • Exporters, AEPI and EXDOC users
  • Department of Agriculture, Fisheries and Forestry —central and regional offices

Purpose

This Market Access Advice (MAA) is to notify exporters and industry that the Department of Agriculture, Fisheries and Forestry (the department) will notify European Union (EU) listed establishments whenever a sample of fish from their establishment has been found to have residues or contaminants at levels above EU maximum limits.

Summary of key points

The European Commission (EC) has recently informed all exporting countries, including Australia, that food business operators (FBOs) exporting to the EU must be notified whenever residues monitoring schemes detect residues or contaminants above the EU maximum limits. This also includes any detection of a substance where an allowable limit has not been set.

The EC has published guidance and links to their maximum limits as follows:

The relevant EC regulations relating to food law and imports are:

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (Articles 11, 17, 19)

Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (Articles 66 and 67)

Sampling and testing for residues in fish is managed by the National Residue Survey (NRS) within the department. The NRS will notify the establishments, as soon as possible, if they detect substances in any fish sample collected at an export listed establishment with EU listing that does not comply with EU maximum limits. The list of compounds tested for by the NRS can be found at: https://www.agriculture.gov.au/agriculture-land/farm-food-drought/food/nrs/nrs-results-publications.

Food business operators who are eligible to export to the EU should note that maximum residue limits (MRLs) or import tolerances for residues of specific agricultural and veterinary chemicals approved for use in Australia may not exist in the EU or may be established at levels lower than those established in Australia. Respective maximum limits (MLs) for contaminants may also vary between the EU and Australia.

The interval between sample collection and reporting results depends on several factors, some of which underpin and maintain the integrity of the NRS.

Fish and fish products are products identified as prescribed under the Export Control Act 2020 and subordinate legislation. Fish and fish products can include finfish, crustaceans, bivalve molluscs, echinoderms, gastropods, cephalopods, tunicates, crocodiles, and their products intended for human consumption.

The department will respond to detections above EU limits, according to the type of compound and the level of the detection. The department’s response is guided by the principles outlined in the relevant Codex texts:

  • Detections above the EU limit and the relevant Australian limit but is not an immediate risk to consumers: The department would investigate the cause and assess any corrective actions.
  • Detections above the EU limit and the relevant Australian limit and assessment considers there is an immediate risk to consumers: the department would work with the relevant establishment operator to trace and recall product. The department would investigate the cause and assess any corrective actions.
  • Detections above EU limit but below the relevant Australian limit and assessment considers that there is a significant trade risk: If the residue is considered to be a particular risk to trade to the EU or of a substance specifically banned in the EU that is also tested in the NRS the department will work with industry to determine whether product recall will be required. Banned substances include certain antibiotics (chloramphenicol and nitrofurans) and hormones (trenbolone, dienoesterol, diethylstilboestrol, hexoestrol), dyes (e.g malachite green and crystal violet (gentian violet)).

The Manual of Importing Country Requirements (Micor) will be updated to reflect this market access advice. The department encourages users of Micor to subscribe to the Micor update service for a commodity-specific email that lists changes that have been made in the preceding week.

The department encourages all exporters to work with their importer to ensure that product meets the current importing country requirements.

Further information

Contact ExportStandards@aff.gov.au if you have any queries.

The information provided above is current at the time of writing and is intended for use as guidance only and should not be taken as definitive or exhaustive. The Commonwealth endeavours to keep information current and accurate, however, it may be subject to change without notice. Exporters are encouraged to verify these details with their importers prior to undertaking production/exports. The Commonwealth will not accept liability for any loss resulting from reliance on information contained in this notice.

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