The EU intends to amend the Listeria monocytogenes food safety criterion laid down in Regulation (EC) No 2073/2005.
The proposed text concerns ready-to-eat foods that are able to support the growth of L. monocytogenes and for which the food producer isn’t able to demonstrate that the level of L. monocytogenes will not exceed 100 cfu/g throughout the shelf-life of the food. Currently, the requirement for such foods is that L. monocytogenes is not detected (in 25g) before the food leaves the immediate control of the operator who has produced the food. The proposal is to replace that provision with a requirement that such foods should not contain any detectable L. monocytogenes (in 25g) throughout the entire shelf life of the product.
This proposal has been notified to the WTO and was recently the subject of an EU “Have your say” consultation. Responses to the “Have your say” consultation were received from several sectors, including the EU Fish Processors and Traders Association (AIPCE-CEP) and the Chilled Food Association (CFA).
AIPCE-CEP maintained that if the proposal is adopted, the consequence would be the requirement for challenge testing of foods and/or the use of predictive mathematical modelling. AIPCE-CEP provides evidence that these tool are impossible to implement and in any case are ineffective. Instead, it recommends that studies to evaluate Listeria growth and survival in the product, taking into account appropriate good hygiene practice and other food safety programmes in place on the premises.
The CFA argued that current legislation, if followed and enforced, is effective. A HACCP-focused approach backed up by verification data, as required by current legislation, is the most effective way to prevent food contamination by pathogens. Spot checks on finished product do not address the root cause of contamination. A focus on zero tolerance, as proposed by the EU, will have the undesirable effect of reducing the amount of testing.
The planned date of adoption is the fourth quarter of 2024, and the expected date of application is 1 January 2026.
Draft Commission Regulation amending Regulation (EC) No 2073/2005 as regards Listeria monocytogenes
Draft Annex
