The new marketing rules for pet food in the European Union: Safe ± transparent ± modern

Dr. Wolfgang TRUNK European Commission DG SANCO


Part 1 The European Union (EU)


Part 1 - The European Union

27 Member States (MS) 3 Candidate Countries


Pet food market in the EU
500 Mio inhabitants ~ 62 Mio households in EU with pets ~ 60 Mio cats, ~ 56 Mio dogs, ~ 9 Mio aquaria ~ 450 pet food companies Petfood Sales: ~ 6 Mio t, ~ 10 Bio ¼ (1¼=1,3$), growth rate 3% p.a.


Part 1 .The European Union European Institutions Institutional Triangle: Decision Makers European Commission Council of the EU European Council European Parliament Advisory Committees Economic & Social Committee Committee of the Regions European Court of Justice European Court of Auditors 5 .

Part 2 The European Commission (COM) 6 .

Part 2 .The European Commission The Role of the Commission Initiate & negotiate draft legislation Ensure implementation of EU policies Apply EU laws Represent the EU on the world stage 7 .

Part 3 ± DG SANCO Our Commissioners: Meglena KUNEVA and Androulla VASSILIOU Responsible for DG SANCO. Priorities: Protecting and improving Public health Promoting EU food safety Protecting the health of animals & plants Assuring animal welfare Standards worldwide 8 .

Part 3 Pet food legislation as part of SANCO's Food Safety System 9 .

and sold How feed and food is labelled for consumers ³A World Class Food Safety System from the Farm to the Fork´ 10 . and how pesticides are used How ALL animals are fed. looked after. packaged. and transported How feed and food is processed.Part 3 ± SANCO¶s Core Activities Food Safety EU laws cover: How farmers produce feed and food How plants are grown.

eu 11 . .EU Agencies European Food Safety Authority EFSA provides independent scientific advice on food safety issues Petfood covered via assessment on adverse effects on animal health.efsa.europa.welfare and environment ³Excellence in risk assessment´ http://www.

Part 4 Legislative framework for Pet food 12 .

Response: ³White Paper on Food Safety´ => EU established a system for ensuring a high level of protection of public health.g.Evolution of EU law (I) Provisions on pet food introduced in EU-legislation already since 1970s. In line with the new "farm to fork" approach. labelling rules. feed legislation dominated by rules for food producing animals End 1990s.) => weaknesses in the food legislation within the EU. dioxin. series of crises concerning human food and animal feed (BSE. Regulation 178/2002). feed legislation has been crucial as feed is a sensitive element at the very beginning of the food chain. taking into account the protection of animal health and welfare and the environment (General Food Law. etc. 13 . e. additives Nevertheless.

European food Safety Authority (EFSA): separation risk assessment and .Emergency measures (imports!) Article 11:Food and feed imported into the Community for placing on the market within the Community shall comply with the relevant requirements of food law or conditions recognised by the Community to be at least equivalent thereto « .Responsibility of feed and food operators for the safety of their products (ex pets) .Precautionary principle .Evolution of EU law (II) Crucial points of the General Food Law (GFL): .Rapid Alert System for Food and Feed (ex pets) .Traceability throughout the food chain (ex pets) .management 14 .

.Regulation 183/2005 on feed hygiene 15 . .Regulation 1774/2002 with health rules for animal by-products.Regulation 1829/2003 on genetically modified food and feed. many specific laws have been successively come into force based on the spirit of the ³White Paper´ which tackle as well pet food: .Regulation 1831/2003 on feed additives. . . .Evolution of EU law (III) On top of this horizontal new legislation.Directive 2002/32 on undesirable substances in feed.Regulation 882/2004 on official controls on feed and food.

Ex: ´dioxins in copper sulphate premixtureµ or ´aflatoxins in white sunflower kernelsµ 16 . List of maximum residue levels for different contaminants such as heavy metals. 3.Evolution of EU law (IV) Messages re pet food to be taken from Directive 2002/32 on undesirable substances in feed: 1. dioxins. mycotoxins in various feed matrices including raw materials for pet food or compound feed for pets) Directive is regularly updated by the Commission based on risk assessment by EFSA Implementation/control of MRLs by EU-MS 2.

which confirms that the materials used for the pet food does not pose a health risk and the respective processing standards are met to mitigate potential risks.Evolution of EU law (V) Messages re pet food to be taken from Regulation 1774/2002 with health rules for animal by-products: =>Pet food is the only feed use of meat and bone meal (by-products from animals fit for human consumption) allowed in the EU =>Import of pet food still acc Dir 97/78/EC (EU-list with TC-establishm not yet existing): entry via BIPs after pre-notification (MS-competence) + TC of origin must be listed on the applicable Community list (TH on the list for pet food and dog chews) + Plant of production in TC of origin must be approved by the competent authority of that country + Imported product has to be accompanied by a certificate signed by the official TC-veterinarian. ch II) Ex: ´Salmonella (present /25g) in dog chews or chicken meal for pet foodµ 17 . => Sets microbiological criteria for certain products (Annex VIII.

Revision of Reg 1774/2002 on animal by-products  New Commission proposal adopted on 10 June 2008  The proposal contains the basic rules applicable to animal by-products and is supposed to be complemented in a second step by implementing rules. to be adopted by the Commission  In accordance with the proposal. imported pet food would still have to comply with requirements which ensure that no risks to public and animal health are being introduced into the Community.  The Commission would have wide legal powers to determine the precise requirements which are applicable to such imports on the basis of the experience gained with the application of the current rules 18 .

Ex: ´LL601 rice or MIR604 maize in dried pet foodµ 19 . Feed including pet food may only contain genetically modified organisms (GMOs) authorised for feed use 0-tolerance for non-authorised GMOs => rejection at EU Border. 2.Evolution of EU law (VI) Messages re pet food to be taken from Regulation 1829/2003 on genetically modified food and feed: 1.

europa.pdf Ex: ´unauthorised feed additive Ethylenediamine Dihydroiodide (EDDI) in pet foodµ 20 .Evolution of EU law (VII) Messages re pet food to be taken from Regulation 1831/2003 on feed additives: 1. Authorisation of feed additives in EU differentiating for pets already since decades Additives incorporated in pet food must be authorised for the respective species Register of authorised feed additives regularly updated: http://ec. 2. register_feed_additives_1831-03.

3. 2.Evolution of EU law (VIII) Messages re pet food to be taken from Regulation 882/2004 on official controls on feed and food: 1. Controls of EU requirements undertaken by competent authority of the MS MS notify their multi-annual national control plans that are elaborated based on risk Import controls for pet food containing animal products have to follow veterinary rules (Dir 97/78/EC) 21 .

Evolution of EU law (IX) Messages re pet food to be taken from Regulation 183/2005 on feed hygiene 1. Registration and approval of EU-establishments HACCP in feed businesses Industry guides for good hygiene practice General import rules still ³transitional´ (Art. 23+24 and 6 of 98/51 in comments) Member States may only authorise the import from third countries « from establishments which have a representative established within the Community 22 . 3. 4. 2.

Part 5: Creation of new marketing rules 23 .

e. labelling or advertising.Need for revision Circulation of feed materials and compound feed is regulated by 4 main Directives and some 50 amending or implementing acts. Evolution of feed legislation focussing on safety has been intense less attention on the conditions for the circulation of feed. 24 . The developments both in the feed business and in the legislative environment around the feed sector revealed the need to modernise and simplify the current law.g. concerning marketing conditions. Some of the relevant legislative requirements date back more than 25 years.

 concerning authorisation procedures: ensuring procedures are proportionate to risk. ‡ simplify technical requirements and remove unnecessary administrative burden.  for pet food labelling: Improve the appropriateness of the pet food labels to prevent the purchaser of pet food from being confused or misled.Objectives: general and operational ‡ achieve legal clarity and a harmonised implementation.  for listing feed materials: the smooth functioning of the internal market by clear designations and proper information of the customer.  for compound feed labelling for food producing animals: Increase innovation and competitiveness by reducing unnecessary labelling requirements. . ‡ facilitate smooth functioning of the internal market. ‡ increase competitiveness of the EU feed and farming sector. ‡ enable users of feed to make an informed choice without being misled. 25 .

but normally not consumed by humans in the Community. pets and animals kept in laboratories. zoos or circus. bred or kept. µPet¶ or µpet animal¶: non-food producing animal belonging to species fed . µNon-food producing animals¶: animals kept or bred but not used for human consumption such as fur animals. 26 .Scope and definitions Scope: Feed for ALL animals µFood producing animal¶: any animal that is fed for the production of food for human consumption including animals that are not consumed but that belong to species that can be normally consumed in the Community.

which clearly distinguish it from ordinary feed. absorption or metabolism could be temporily impaired or is temporily or irreversibly impaired and therefore able to derive benefit from ingestion of feedstuffs appropriate to their condition 27 .Definitions feed categories (I) ¶Compound feed·: mixture of feed materials. whether or not containing feed additives. for oral animal feeding in the form of complete or complementary feed => pet food ¶Feed intended for particular nutritional purposes·: feed which can satisfy a particular nutritional purpose* by virtue of its particular composition or method of manufacture. Feed intended for particular nutritional purposes does not include medicated feedingstuffs in the meaning of Directive 90/167/EEC (on ´dieteticµ feed no big change) * = specific nutritional needs of certain pets or productive livestock whose assimilation.

to feed for non-food producing animals. => Safety requirements as well for pet food 28 . Articles 15 and 16 of Regulation 178/2002 and Article 4 of Regulation (EC) No 183/2005 shall apply. For the purposes of this Regulation.Safety and marketing requirements 1. mutatis mutandis.

to feed for non-food producing animals. 18 and 20 of Regulation (EC) No 178/2002 shall apply. => For the purposes of this Regulation. Requirements concerning responsibility of the operator as well for pet food businesses 29 . mutatis mutandis. Articles 17.Proposal ± Responsibilities of the feed businesses 1.

=> Clarification that all type of product information is covered 30 . including for advertising purposes. label. particulars. notice. collar or the internet referring to or accompanying such feed.Broad definition of Labelling (p) µLabelling¶: attribution of any words. container. trade marks. brand name. ring. document. pictorial matter or symbol to a feed by placing this information on any medium like packaging.

« 3. Where feed is offered for sale by means of distance communication as defined in Article 2 of Directive 97/7/CE. The labelling and the presentation of feed shall not mislead the user.General labelling rules 1. the mandatory labelling particulars required by this Regulation shall appear on the material supporting the distance selling« Labelling particulars«given«in at least the language or one of the official languages of the Member State or Region in which it is placed on the market. 31 .

verifiable by the competent authorities and understandable by the user of the feed.Claims 1. The MS-authority « may submit the issue of doubtful claims to the Commission who may adopt a decision. 2. 32 . « shall be available with the responsible operator at the time the feed is placed on the market. this subparagraph. The labelling « shall not claim that (a) It will prevent. The labelling and the presentation of feed may draw particular attention « provided that the following conditions are met: (a) the claim is objective. however shall not apply to claims concerning nutritional imbalances provided that there is no pathological sign associated. treat or cure a disease. claims concerning optimisation of the nutrition and support or protection of the physiological conditions are permitted. Without prejudice to paragraph 1. and (b) a scientific substantiation of the truthfulness of the claim (publicly available scientific evidence or documented company research). 3. unless they contain a claim mentioned in paragraph (3)(a). (b) it has a registered particular nutritional purpose unless it satisfies the respective registered requirements.

Feed additive labelling pet food The following additives shall be listed with their specific name and/or their identification number. added amount and the respective name of the functional group or the category: (a) additives where a maximum content is set for any kind of target species . (c) additives belonging to the functional group of ¶urea and its derivatives· of the category ¶nutritional additives·. In this case the information pursuant to paragraph 1 shall be disclosed by the person responsible for the labelling to the purchaser on his request. By way of derogation from this paragraph. 33 . antioxidants· and ¶colourants· only the respective functional group may be the indicated. (b) additives belonging to the categories ¶zootechnical additives· and ¶coccidiostats and histomonostats·. for additives of the functional groups ¶preservatives·.

Specific mandatory labelling requirements for compound feed (I) 1.Crude oils and fats .Crude ash Mandatory nutrient labelling petfood: . that list may include the percentage of weight. bearing the heading ´compositionµ and indicating the name of each feed material and listing those feed materials in descending order by weight. (d) (e) « the labelling of compound feed shall also include the following: the indication of the minimum storage life « the list of the feed materials of which the feed is composed.Dietary fibres . 34 .Protein . .

35 .Specific mandatory labelling requirements for compound feed (II) 2. As regards the list provided for in paragraph 1(e). the following requirements shall apply: « (c) in the case of compound feed intended for non-food producing animals. the indication of the specific name of the feed material may be replaced by the name of the category to which the feed material belongs to.

Additional labelling requirements for pet food On the label of pet food a free telephone number or other appropriate means of communication shall be indicated in order to allow the purchaser to obtain information in addition to the mandatory particulars on: (a) the feed additives incorporated into the pet food. (b) the feed materials incorporated that are designated by category. 36 .

provided that the combined total quantity of the package does not exceed 10 kg.Pet food in ³multipacks´ For quantities of pet food sold in packages with several containers. 37 . certain particulars may be given only on the outer package instead of each container.

2. 38 . 3.Market transparency on feed materials 1. The Catalogue shall facilitate the exchange of information on the product properties and list the feed materials in a non-exhaustive manner. The Community Catalogue of feed materials shall be created as a tool to improve the labelling of feed materials and compound feed. The first entries in the Catalogue shall be those listed in Part B of the Annex to Directive 96/25/EC and the Annex to Directive 82/471/EEC. The placing on the market of a feed material that is not listed in the Catalogue shall immediately be notified to the representatives of the European feed business sectors who shall publish a register of these notifications on the Internet.

in particular. The Codes shall aim at improving the appropriateness of labelling. The Commission shall encourage the development of Community Codes of good labelling practice. on voluntary labelling and on the use of claims. They shall. two and the the the 39 . one for pet food one for compound feed for food producing animals. 2.Community Codes of good labelling practice 1. include provisions on presentation of the mandatory labelling particulars.

(b) in collaboration with the competent authorities of the Member States and. Generally. the Authority« 2. the regulatory procedure with scrutiny has to be applied. Catalogue and Codes are to be approved by the Commission with the advisory procedure. levels of botanical purity or mandatory constituent labelling particulars are set. 3. Catalogue and Codes shall be developed by all appropriate representatives of European feed business sectors: (a) in consultation with other concerned parties. 40 .Establishment of the Catalogue and Codes 1. If in the Catalogue maximum contents of chemical impurities. where appropriate. such as feed users.

State of play  EP-plenary voted overwhelmingly in favour on 5 Feb 2009  Formal approval by AG-Council probably in April 2009  Publication late spring 2009 41 .

 Provisions on claims will improve control possibilities for Member states authorities Thank you for your attention 42 . flyers «) in all media including the internet.Part 7: Résumé  Pet food since long fully integrated into EU-legislation  Legislation considers special status of pets  New proposal for marketing Regulation closes gaps re responsibility of the feed business operator  Better focus on difference between marketing of pet food and feed for food producing animals  Wide definition of labelling includes advertisement (brochures.