Update from the KTBA Knowledge Center

Your knowledge up-to-date

Within KTBA, the Knowledge Center is of crucial importance. The Knowledge Center devotes a lot of time and attention to keeping knowledge up to date, gathering new knowledge, and training and retraining our colleagues. With this up-to-date knowledge, our colleagues can help our customers even better.

On this page of the MaQazine, we give you, the customer, a short update of the most important news facts.

As of January 1, 2023, the amended Commodities Act Decree on the Preparation and Treatment of Foodstuffs finally came into effect with amendments to the warning label for poultry meat and the best-before dates of food and drink products, as well as some technical amendments and adjustments to the Commodities Act Decree on administrative fines.

Packaging Management Decree 2014 on packaging and packaging waste.
As of January 1, 2023, the general rules on extended producer responsibility schemes will apply.

As of 2023, quite a lot will change for companies as a result of the SUP (Single Use Plastics) directive by the Dutch government. For packaging that falls under this directive, companies must take measures to reduce the use of this packaging and an Extended Producer Responsibility will apply to rigid container packaging, bags, and wrappers. The introduction of the Single Use Plastics legislation has many implications for the packaging industry. All companies that use SUP packaging will be faced with additional levies and will have to adjust their packaging administration.

Amendment to the Packaging Management Regulation in connection with the introduction of a deposit on metal beverage packaging (not as of January 1, but postponed to April 1, 2023).
-The minimum amount of the deposit is set at € 0.15 for metal beverage packaging with a volume of 3 liters or less.

-On metal beverage packaging, the form and content of the indication concerning the deposit will consist of the word ‘Statiegeld’ in a font size of at least 1.2 millimeters.

-As of 2024, producers and importers who market drinks in metal beverage packaging with a capacity of 3 liters or less in the Netherlands will be obliged to collect at least 90 percent by weight of the total of these metal beverage packaging put on the market by them in that calendar year separately.

Amendment of the Commodities Act Decree on information on foodstuffs and the Commodities Act Decree on administrative fines in connection with changing the conditions under which a food choice logo may be used. Pursuant to the Commodities Act Decree on Information Foodstuffs, a food choice logo may be designated. A food choice logo makes it easier for consumers to opt for a food product that is healthier than comparable foods in the same product category. It has been agreed in the National Prevention Agreement that the central government will take the lead in designating a food choice logo. The conditions under which a food choice logo may be used will be adjusted with this change in order to better align with European developments in this area. Also, the designation of the food choice logo no longer needs to be based on a business initiative. The definition of the term food choice logo has also been adjusted. These changes will be implemented in the Commodities Act Decree on administrative fines, so that violation of the conditions under which a food choice logo may be used can be punished with an administrative fine. Dates of entry into force are not yet known

Key legal matters in the supplement industry in 2023. Based on experiences in recent years, we have found that the NVWA is increasingly demanding attention from Food Supplement Companies for:
–HACCP, especially if the products are produced outside the EU and/or not by a

HACCP-certified company.

–Novel Food situation of new raw materials. NVWA has questioned the Novel Food aspects of

5-HTP extracts, Berberine, L-Theanine, etc. Recently, NMN was in the news, an

unauthorized Novel Food, which is nevertheless still being marketed by some companies.

(see communications on Nov 21, 2022)

–The use of banned medical claims on supplement company websites is still

prevalent, especially when it comes to smart webshops, start-ups, and influencers.

Be mindful of the labeling of sunflower oil: relaxed short-term agreements will expire on January 1, 2023. Sunflower oil shortages arose last year as a result of the war in Ukraine. Agreements between trade associations and the government led to the relaxation of labeling rules. The NVWA temporarily did not enforce incorrect labels due to these shortages. However, the short-term agreements no longer apply as of January 1. From January 1, 2023, only the medium-term agreements will apply.

The EC has published new limits for the presence of the mineral oil MOAH in foodstuffs. These are advisory limits; it is up to the Member States to set up further enforcement. In doing so, the Commission does not await the EFSA’s opinion on the safety of mineral oils. This opinion is not expected until the end of 2022. The limits could still be adjusted after the EFSA opinion has been published. The new limits for MOAH have been set by the Committee on Plants, Animals, Food, and Feed. The established limits for MOAH in foods are as follows:
0.5 mg/kg for dry food (≤4% fat/oil)

1 mg/kg for food with > 4% fat/oil

2 mg/kg for fats and oils

10 mg/kg for paper and cardboard

EU Regulation 2017/2158 on Acrylamide will be renewed in 2023, it is expected that reference levels will be adjusted and new maximum levels will be introduced. The new legislation is also expected to include new categories, including fried root vegetables, fruit chips, cocoa powder, and potato-based dishes such as rösti and croquettes.

The EC has commented on preventing cross-contamination with allergens. It has issued a new Commission Notice (2022/C 335/01) for the Hygiene Regulation (EC) 852/2004. Since 2021, this has stated that cleaning must be done after processing allergens. This manual provides many practical points of attention. But it also makes it clear that cross-contamination cannot always be prevented and that the legal requirements must therefore be seen as an obligation of effort. Cross-contamination is recognized, with a prominent role for allergen risk assessment and Precautionary Allergen Labeling (PAL). Although the text of the Commission Notice is not legally binding, it is expressly stated that the content is intended for companies but also for the authorities so that they will interpret the requirements in a similar manner.

In 2022, the AOECS (umbrella of European Celiac Associations) will publish a new version (3.0) of the standard for the production of gluten-free food. The Gluten-free Standard Set of the Dutch Celiac Association (NCV) has been included in the updated AOECS Standard.
As a result, the 2011 Gluten-free Standard Set will no longer be applied. Scheme owner NCV is working on a Dutch translation of the new AOECS Standard 3.0.

As of October 10, 2022, the new Regulation 2022/1616 on recycled plastic materials and articles intended to come into contact with foodstuffs has entered into force, which replaces Regulation 282/2008. This Regulation covers all plastic materials and articles derived from or manufactured from waste, as well as the development and operation of recycling technologies, processes, and installations thereof.

On December 8, 2022, the EC published Commission Regulation (EU) 2022/2388 of 7 December 2022 amending Regulation (EC) No 1881/2006 as regards maximum levels of perfluoroalkyl substances (PFAS) in certain foodstuffs. This concerns levels for eggs, fish, and meat (Eggs; Fresh, frozen, deep-frozen fishery products (crustaceans, molluscs, cephalopods); Fish (fresh, frozen, deep-frozen); Meat and meat products (processed products).

Recently, various IFS Broker audits have been carried out, where customers have been asked for the NVWA registration number and frequently it was found that it was not present or available. IFS is currently urging CBs and auditors to request this registration and it should be included in the reporting. If the registration number is not present, this can lead to a major deviation. This does not only apply to companies that work with animal products. In fact, recognition and registration are different things. If there is recognition, registration is not necessary. The NVWA states the following: ‘Are you active in the production, preparation, storage, trade or transport of food products? Then you must register or apply for recognition with the NVWA.’ This also means that the above does not only apply to IFS broker, but to all companies.

Info sheet 64 Control of relevant hazards associated with the procurement of foodstuffs (including raw materials) under HACCP version 18-11-2022. With this information sheet, the NVWA has drawn up guidelines on how food business operators should deal with the control of the relevant hazards of purchased raw materials/foodstuffs. Info sheet 64 has now been merged with Info sheet 65. With the merger of both info sheets, Info sheet 65 has been discontinued. Compared to the previous versions, some issues have been clarified (definitions added and hazard analysis).

BRCGS Storage and Distribution Position statement 15-11-22. The effective date is January 1, 2023. Key change:
— In terms of the content, only the risk analysis changes for open product in combination with locations of toilet and hand washing facilities and hair and beard nets

–In particular, the changes in terms are important:

Unannounced window

Reduction of blackout days

Certification validity is shortened

The NVWA has recently recognized the A.P. standard for Integrated Farm Assurance (IFA standard) as a proven agricultural assurance system. The agency now considers the GLOBALG.A.P. IFA certification of Dutch agricultural producers as a real risk mitigating factor, and official risk audits of companies take the certification GLOBALG.A.P. IFA status of products into account when conducting their own checks. This recognition by the Dutch public sector takes communication and cooperation between the two bodies to a new level.

On 01-12-22, the European Commission published REGULATION (EU) 2022/2340 amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards green tea extracts containing (-)-epigallocatechin-3-gallate.
Annex III to Regulation (EC) No 1925/2006 is amended as follows:

Op 01-12-22 heeft de Europese Commissie VERORDENING (EU) 2022/2340 tot wijziging van bijlage III bij Verordening (EG) nr. 1925/2006 van het Europees Parlement en de Raad wat betreft groene thee-extracten die (-)-epigallocatechine-3-gallaat bevatten
Bijlage III bij Verordening (EG) nr. 1925/2006 wordt als volgt gewijzigd:

Foodstuffs that contain green tea extracts containing (-)-epigallocatechin-3-gallate, which do not comply with the requirements of this Regulation and were lawfully placed on the market before the entry into force of this Regulation, may remain on the market until June 21, 2023.
Catechins are compounds found in green tea (Camellia sinensis (L.) Kuntze). Research by EFSA has shown that an intake of dietary supplements containing more than 800 mg EGCG per day can cause liver damage. The research was done in response to reports of adverse effects from the consumption of green tea extracts.
Because the possibility of adverse health effects has been identified, but scientific uncertainty remains, the substance is also included in Part C of Annex III to Regulation (EC) No. 1925/2006. This lists substances under investigation by the Community. Within four years of the date on which a substance has been included in Part C of Annex III, the EC must take a final decision on whether or not to authorize or restrict the substance.

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