ALINORM 03/3



JOINT FAO/WHO FOOD STANDARDS PROGRAMME

CODEX ALIMENTARIUS COMMISSION

CODEX ALIMENTARIUS COMMISSION
Twenty-fifth Session, June 2003
REPORT OF THE FORTY-NINTH (EXTRAORDINARY) SESSION OF THE
EXECUTIVE COMMITTEE OF THE CODEX ALIMENTARIUS COMMISSION


WHO Headquarters, Geneva, 26-27 September 2001


Table of Contents

INTRODUCTION

1. The Executive Committee of the Codex Alimentarius Commission held its Forty-ninth Session at WHO Headquarters, Geneva, from 26 to 27 September 2001. The Session had been convened at the request of the Twenty-fourth Session of the Codex Alimentarius Commission to consider the unfinished business from that Session.1 The Chairperson of the Codex Alimentarius Commission, Mr. Thomas Billy (USA), presided. A complete list of participants at the Session is attached as Appendix I.

2. The Executive Committee observed a minute of silence in memory of the innocent persons who lost their lives in the tragic events in the United States of America on 11 September 2001.

ADOPTION OF THE AGENDA (Agenda Item 1)

3. On the proposal of the Representative of the South-West Pacific, the Executive Committee agreed to discuss under Other Business the name and terms of reference of the Codex Committee on Meat and Poultry Hygiene. On this basis, the Executive Committee adopted the Provisional Agenda2 as the Agenda for the Session.

CONSIDERATION OF UNFINISHED MATTERS FROM THE TWENTY-FOURTH SESSION OF THE CODEX ALIMENTARIUS COMMISSION (Agenda Item 2)

4. The Executive Committee was conscious of the fact that several matters under discussion were expected to have been discussed by the plenary Commission, with the full participation of Members and observer organizations. It therefore agreed that decisions taken in relation to the unfinished business of the Commission would be based strictly on consensus and that where consensus was not possible there would be a full record of the differing points of view of the issues at hand.

Proposed draft standards and related texts at Step 5

5. The Executive Committee considered the Proposed Draft Standards and Related Texts that had been submitted to the Commission for adoption at Step 5 and advancement to Step 6, except those that had already been acted upon by the Commission.

6. The decisions of the Executive Committee in relation to the Proposed Draft Standards and Related Texts at Step 5 are summarized in Appendix II to this report. Apart from the Proposed Draft Revised Code of Practice for the Processing and Handling of Quick Frozen Foods and the Proposed Draft Maximum Levels for Cadmium which were returned to Step 4 all of the texts were adopted at Step 5 and advanced to Step 6. Specific discussions in relation to some of these decisions are summarized in the paragraphs below.

Maximum Residue Limits for Pesticides (CCPR)3

7. The Executive Committee advanced all of the proposed draft maximum residue limits to Step 6. It noted the concerns of the Representative of Latin America and the Caribbean Europe supported by the Representative of Europe in regard to the maximum residue limits for 2,4-D for grapefruits and oranges and the proposal to establish a general limit applicable to all citrus fruits. It requested the Committee on Pesticide Residues to consider post harvest application of this pesticide.

8. The Executive Committee requested the Committee on Pesticide Residues to review carefully the draft maximum residue limits for fenamiphos (085) specifically in relation to acute dietary intake effects. The Executive Committee stressed the need to make progress on the question of chronic exposure and acute dose effects.

Fish and Fishery Products (CCFFP)

9. The Executive referred the comments of Malaysia on the Scope of the Proposed Draft Code of Practice for Fish and Fishery Products to the Committee on Fish and Fishery Products for further consideration.

Processed Fruits and Vegetables (CCPFV)4

10. The Representatives of Asia and Europe referred to the comment of China concerning the inclusion of cherries in the proposed draft Standard for Canned Stone Fruit; the Representative for Europe stated that the question of colouring of cherries did not arise if reference was made to the genus Prunus covered by the Scope of the Standard. The Executive Committee referred these comments to the Committee for consideration.

Quick Frozen Foods5

11. The Executive Committee noted several comments received in relation to the procedure used for the revision of the Proposed Draft Revised Code of Practice for the Processing and Handling of Quick Frozen Foods. In particular reference was made to discussions at the 24th Session of the Commission concerning the procedures and conditions to be observed in the elaboration of Codex texts by external bodies.6

12. The Executive Committee was of the opinion that significant progress had been made on the technical content of the Code but that it should be discussed by the concerned Codex committees prior to its consideration at Step 5. In this regard, the Executive Committee referred the proposed draft Code to the Committees on Processed Fruits and Vegetables, Fish and Fishery Products and Meat and Poultry Hygiene for their technical input and the Committee on Food Hygiene for the finalization of the draft.

Fresh Fruits and Vegetables (CCFFV)

13. The Executive Committee noted the concern expressed by the Representatives of Asia and Europe that the inclusion of bitter varieties of cassava in the Proposed Draft Codex Standard for Cassava could lead to excessive intake of cyanogenic glycosides and asked the Committee on Fresh Fruit and Vegetables to take this into account. It proposed that if bitter varieties were to be included in the Standard a level for cyanogenic glycosides would need to be proposed for endorsement by the Codex Committee on Food Additives and Contaminants; this would need to be done on the basis of a JECFA evaluation.

Food Hygiene (CCFH)7

14. Concern was expressed by the Regional Representative for Asia that the application of some of the provisions of the Proposed Draft Code of Hygienic Practice for the Primary Production and Processing of Fresh Fruits and Vegetables could be difficult for developing countries. The Executive Committee referred this comment to the Committee and adopted the text at Step 5.

Cocoa Products and Chocolate (CCCPC)8

15. The Executive Committee reviewed the comments submitted by Brazil; Côte d’Ivoire; India; Italy; Malaysia; Poland; Portugal; Spain; USA and CAOBISCO concerning in particular the inclusion of a provisions allowing the use of up to 5% vegetable fats other than cocoa butter and the labelling provisions in the Proposed Draft Revised Standard for Chocolate and Chocolate Products. It noted that the text prepared by the Committee had been debated and a compromise carefully crafted to ensure that there would be full and informative labelling of the correct nature of this product. The Executive Committee also noted that developments in analytical methodology seemed to have answered the outstanding questions of detection and determination of the vegetable fat content. In regard to potential concerns of allergenicity of the vegetable fats used, the Executive Committee noted that there did not seem to be specific problems in this regard.

16. The Executive Committee noted the statement of negative economic implications for cocoa producers provided by Côte d’Ivoire but was aware that these had been made known to the Committee on Cocoa Products and Chocolate on several occasions and that the compromise developed by the Committee had been reached in the light of these comments. The Executive Committee adopted the Proposed Draft Standard at Step 5. The technical comments, other than those relating to the issue of the addition of vegetable fats, were forwarded to the Committee on Cocoa Products and Chocolate for its consideration.

Food Inspection and Certification Systems (CCFICS)9

17. The Executive Committee noted the comments of the Representative of the South-West Pacific to the effect that the Proposed Draft Guidelines for Food Import Control Systems no longer referred to situations where a zero-tolerance for pesticide limits had been taken by the importing country for reasons other than protection of consumers’ health. The Representative suggested that this matter should taken up by the relevant Committees dealing with pesticide and veterinary drug residues.

Food Additives and Contaminants (CCFAC)

a) General Standard for Food Additives10

18. The technical comments provided by Brazil were forwarded to the Committee for consideration. The Executive Committee noted that the Committee would retain all of the data submitted for the establishment of maximum levels for the use of additives.

b) Proposed Draft Revision for the Codex General Standard for Irradiated Foods11

19. The Representative for Europe drew attention to the reservation expressed by Member countries of that Region on the deletion of a specific dose limit; labelling provisions; and the lack of a clear statement that irradiation should not be used to substitute for good hygienic practices.

c) Proposed Draft Maximum Levels for Cadmium12

20. The Executive Committee noted the concerns expressed by the Representative of the South-West Pacific supported by the Representative of North America in relation to the proposed draft levels for crustacaea and those of the Representative of Asia in regard to rice. The Executive Committee decided to return all of the proposed draft limits to Step 4 in view of the need to consider overall dietary intake data, in particular from staple foodstuffs.

Proposals for New Work

21. The Executive Committee considered proposals for new work under both the Accelerated Procedure and the normal Uniform Procedure for the Elaboration of Codex Standards and Related Texts. All of the proposals were approved with the exception of those noted below. In addition, the Executive Committee made specific comments on some of the proposals as indicated below. The results of the Executive Committee’s deliberations are summarized in Appendix III.

22. Referring to its previous decision in relation to the inclusiveness of commodity standards13, the Executive Committee approved the elaboration of a Standard for Ginseng inclusive of all varieties and origins.

23. The Executive Committee approved all of the proposals submitted by the Committee on Food Hygiene, however it expressed concern at the heavy workload of this Committee and recommended that the Committee’s work should be prioritised. Reservations were expressed by the Representative of the South-West Pacific at the use of the term “precautionary principle” in the Proposed Draft Guidelines for the Control of Listeria monocytogenes in Foods.

24. The Executive Committee approved as new work the revision of the Codex Guidelines for the Exchange of Information on Food Control Emergency Situation and also drew attention to the proposed Rapid Alert System being developed within the FAO/WHO/OIE Information Exchange System for Food and Agricultural Safety.

Food Labelling

25. The Executive Committee did not approve the proposal to begin new work on an amendment of the General Standard for the Labelling of Prepackaged Foods in relation to provisions for the labelling of country of origin. The Executive Committee agreed however that it was appropriate for further discussions on the need for such an amendment should take place and requested the Secretariat to provide a discussion paper for the next session of the Committee on Food Labelling. It was aware of the considerable interest of a number of countries and non-governmental consumer organizations in this matter. In noted that there were divisions of opinion among the Member countries of some regions and between the Regions themselves. It also noted the views expressed by some Members that ongoing work in the WTO and World Customs Union on rules of origin needed to be taken into account or might preclude the need for specific Codex guidance in this matter.

Proposals for the Discontinuation or Abolition of Work Items

26. The results of the Executive Committee’s deliberations are summarized in Appendix III.

27. The Executive Committee addressed the question posed to the Commission by the Regional Coordinating Committee for Europe on the need to proceed with the revision of the Codex Regional (European) Standard for Mayonnaise. The Executive Committee recommended that if no consensus could be reached at a regional level for the revision of this standard, the revision should be discontinued and the existing standard withdrawn by the Commission.

Matters arising from Reports of Codex Committees and Task Forces

28. The Executive Committee noted that a number of issues referred to the Commission had been considered by the Commission itself or by the 48th Session of the Executive Committee and decided not to re-discuss these matters. These included:

Traceability20

29. The Executive Committee noted that the Secretariat paper had been prepared at the specific request of the Codex Committee on Food Import and Export Inspection and Certification Systems but treated the issue as a general issue confronting Codex. The paper summarized the prior work and current discussions on the subject of traceability within Codex. It pointed out that traceability was not new to Codex but that it had not been treated in a systematic manner. The paper also pointed out that any measures requiring traceability should be justified as:

    1. having a food safety objective (i.e., as an SPS measure); or
    2. having a legitimate objective as a TBT measure.

30. The Executive Committee generally supported the analysis and approach outlined in the Secretariat paper. There was a divergence of views between Members about the usefulness and application of traceability. Some Members drew attention to the implications for developing countries, in particular cost, the ability to meet traceability requirements and the potential negative impact on trade.

31. The Executive Committee recommended that the Committee on General Principles consider the two aspects of traceability referred to above, however, it was of the opinion that first consideration should be given to the use of traceability as a risk management option in the Working Principles for Risk Analysis. The Executive Committee also noted in particular the role of the Committee on Food Import and Export Inspection and Certification Systems in relation to the development of procedures for the application of traceability in food import and export inspection and certification systems. Although some Members believed that a sequential approach to the development of other texts should be followed, the Executive Committee agreed that it should for the Committees concerned (including the Committees on General Principles, Food Import and Export Inspection and Certification Systems, Food Hygiene and Food Labelling) to undertake work as they deemed appropriate, within their respective mandates.

32. The Executive Committee welcomed the suggestion that the Chairpersons of the Committees concerned and the Secretariat should coordinate work so as to avoid a divergence of approach. The Executive Committee agreed that Regional Coordinating Committees may wish to contribute to the debate on this issue. It also noted the usefulness of a proposal for workshops to be held at the regional level using case studies of traceability as these would contribute to a clarification of the economic impact and technical application, and contribute to improved understanding.

33. The Executive Committee asked to be kept informed of progress in this work.

Draft Revised Standard For Gluten-Free Foods (CCNFSDU)21

34. The Revised Draft Standard has been held at Step 7 as there has been no consensus on either the level for gluten or the method of determination to be used. In particular, there have been questions about the reliability of the method of determination. The Executive Committee recommended that the Draft Revised Standard continue to be held at Step 7 until such time as the scientific basis for the establishment of a level and a method of determination is clarified. Although it noted that a Working Group of the Committee on Nutrtion and Foods for Special Dietary Uses had been studying these issues, it suggested that FAO and WHO may wish to convene an expert group to review available evidence and provide independent scientific expert advice as a means of resolving the issue. It was further noted that the question of the method of analysis was for the Committee to propose in light of its technical requirements and would then be subject to endorsement by the Committee on Methods of Analysis and Sampling in the light of Codex Criteria.

Measures to facilitate consensus (CCGP)22

35. The Executive Committee endorsed the proposals of the Committee on General Principles in this matter. It recommended that the proposals, as set out below, be formally adopted as decisions of the Commission at its next session.

Consumer Participation23

36. Although the Executive Committee agreed to the development of a baseline data on consumer participation as recommended by the Committee on General Principles, it was concerned that further mandatory reports at each Commission session would compromise the ability of the Commission to address its main work, namely the consideration of standards and related texts. It recommended that the Secretariat make this information available periodically to the Commission on the basis of the Checklist of Measurable Objectives to Assess Consumer Participation in Codex.

IMPLEMENTATION OF THE COMMISSION’S DECISIONS ON THE STRATEGIC FRAMEWORK, DRAFT MEDIUM TERM PLAN FOR 2003-2007 AND CHAIRPERSON’S ACTION PLAN (Agenda Item 3)

Draft Medium Term Plan 2003-2007

37. The Executive Committee noted that Circular Letter 2001/26-EXEC had been sent to Members of the Commission on 14 August 2001. Governments and interested international organizations had been being invited to comment on the revised Draft Medium-Term Plan and also to propose or suggest new activities. Following the deadline for comments (30 November 2001) the Revised Draft Medium-Term Plan will be up-dated and placed on the Codex Website. The Plan will be up-dated following each Codex Committee/Task Force session to include new proposals as they arise.

38. This Plan will then be submitted to the 50th Session of the Executive Committee (2002) for review and then to governments and interested international organizations for comments. Those Codex Committees (especially Regional Committees) that had not previously commented will also have to opportunity to contribute to the development of the Medium-Term Plan. The Revised Draft Medium-Term Plan together with the various proposals made by Codex Committees and other interested parties will considered by the 51st Session of the Executive Committee and then submitted to the 25th Session of the Codex Alimentarius Commission for adoption.

39. The Executive Committee noted that the cost estimates contained in the Medium-Term Plan were rough estimates based on previous experience and required further refinement. It also noted that some of these costs represented costs currently incurred and that costs of additional proposals would have to be balanced against current costs in order to meet the limit of the overall budget.

40. The Executive Committee questioned the comments of Secretariat in relation to the ability of the Commission to take action on a number of activities proposed under Strategic Objective 6. It agreed to review these activities on the basis of comments received at its next session. It was of the opinion that the Commission had a role to play in promoting and advocating the Codex work through FAO, WHO, Member governments and other channels.

41. The Representative of WHO informed the Executive Committee of progress being made in the establishment of a Trust Fund to support the participation of developing Member countries and stated that a first detailed proposal could be ready for consideration in early 2002. The Executive Committee emphasized the need to ensure transparency as to the origin and use of the funds, as had already been stated by the Commission at its 24th Session24.

Review of the Joint FAO/WHO Food Standards Programme (Codex Alimentarius)

42. The Representative of WHO announced that FAO and WHO had agreed in principle to the need and scope for a comprehensive review of the Codex programme in order to meet the challenge of a rapidly changing world and in light of concerns about the sustainability of the programme due to its increased workload and the consequent demands on Member countries. Further discussions would take place between the parent organizations of the process to be followed for the review including the arrangements for an external review process. The Executive Committee welcomed this initiative, including the proposal for an external component to the review process. The Representative of WHO also noted the need to draw upon the experience of Member countries and upon regional perspectives. During the discussion, some Members noted the importance of considering the scope of Codex activities throughout the food safety continuum, and the extent to which food standards continued to be relevant in today’s world.

43. The Executive Committee asked to be kept informed of developments in this area and for a preliminary report to be provided at its next session. It was informed that it was envisaged that the final outcome of the review would be transmitted to the 25th Session of the Commission (2003) for consideration.

OTHER BUSINESS (AGENDA ITEM 4)

Name and Terms of Reference of the Codex Committee on Meat and Poultry Hygiene

44. The Representative of the South-West Pacific noted that the proposed work of the Committee envisaged a broad definition of “meat” that would encompass poultry and other meats. On this basis, the decision of the Commission to make a separate reference to poultry meat may be prejudicial to the this approach. The Executive Committee invited the Committee to discuss its Name and Terms of Reference at its next session and make appropriate proposals to the Commission.

APPENDIX I

CONSIDERATION OF PROPOSED DRAFT TEXTS SUBMITTED AT STEP 5

APPENDIX III

PROPOSALS FOR NEW WORK: ACCELERATED PROCEDURE

PROPOSALS FOR NEW WORK: NORMAL PROCEDURE

PROPOSALS FOR THE DISCONTINUATION OR ABOLITION OF WORK ITEMS

STANDARD AND RELATED TEXTS

COMMITTEE

REFERENCE

STATUS

Provisions for Fortification of Iodine, Iron and Vitamin A in the Guidelines for Use of Nutrition Claims

CCNFSDU

ALINORM 01/26,
para. 126-127

Approved

Revision of Regional Standard for Vinegar

CCEURO

ALINORM 01/19,
para. 44

Approved

Consideration of the main body of the Draft Code of Practice for the Quality Inspection and Certification of Fresh Fruits and Vegetables

CCFFV

ALINORM 01/35,
para. 77

Approved

Guidelines for the Labelling of Mixed Fruit Juices and Nectars

FVJ

ALINORM 01/39,
para. 9 & 35

Approved

Revision of the Regional European Standard for Mayonnaise

CCEURO

ALINORM 01/19, paras. 38-40

See para. 27

Annex 1

PROPOSALS FOR NEW WORK: PROPOSED DRAFT MAXIMUM RESIDUE LIMITS FOR PESTICIDES

ALINORM 01/24, Appendix VII and ALINORM 01/24A, Appendix IX

New proposals:
Acibenzolar-methyl
Chlorpropham
Cyprodinil
Dimethanamid-P
Esfenvalerate
Famoxadone
Fipronil
Fludioxonil
Flutolanil
Imadocloprid
Methoxyfenozide
Propineb
Pyrochlostrobin
Quinclorac
Spinosad
Trifloxystrobin
Zeta-cypermethrin
Proposals for revision:
2,4-D (20)
Acephate (95)
Benalaxyl (155)
Bendiocarb (137)
Carbendazim (72)
Carbofuran (96)
Clofentezine (156)
Cyfluthrin (157)
Cyhalothrin (146)
Cyhexatin (67)
Cypermethrin (118)
Cyromazin (169)
Deltamethrin (135)
Dicloran (83)
Diflubenzuron (130)
Dithiocarbamates (105)
Dimethoate (27)
Diphenylamine (030)
Ethoprophos (149)
Fenitrothion (37)
Flusilazole (165)
Glyphosate (158)
Guazatine (114)
Haloxyfop (194)
Iprodione (111)
Kresoxim-methyl (199)
Lindane (48)
Malathion (49)
Metalaxyl-M (purified isomer of metalaxyl)
Methamidopfos (100)
Methomyl (94)/thiodicarb (154)
Methoprene (147)
Myclobutanil (181)
Oxamyl (126)
Paraquat (57)
Permethrin (120)
Phorate (112)
Phosmet (130)
Piperonyl butoxide (62)
Pirimicarb (101)
Pirimiphos-methyl (86)
Prochloraz (142)
Procymidone (136)
Profenofos (171)
Propargite (113)
Propiconazole (160)
Tebufenozide (196)
Terbufos (167)
Thiophanate-methyl (77)
Tolylfluanid (162)
Triadimenol (168)
Triadmefon (133)
Triazophos (143)
Triforine (116)

1 ALINORM 01/41, para. 216.

2 CX/EXEC 01/49/1.

3 ALINORM 01/21 Part II-Add.3 (Comments of Germany, Spain).

4 CAC/LIM -6 (Comments of China on the Proposed Draft Guidelines for Packing Media for Canned Fruit).

5 CAC/LIM-6 (Comments of Italy); CAC/LIM-11 (Comments of Thailand).

6 ALINORM 01/41, para. 31.

7 ALINORM 01/21 Part II-Add.2 (Comments of Canada, USA); CAC/LIM-11 (Comments of Thailand).

8 ALINORM 01/21 Part II-Add.2 (Comments of Brazil, Malaysia, Poland, Portugal, Spain, USA); ALINORM 01/21 Part II-Add.3 (Comments of Italy, CAOBISCO); CAC/LIM-11 (Comments of India); CRD.1 (Comments of Côte d'Ivoire).

9 ALINORM 01/21 Part II-Add.2 (Comments of Botswana, Czech Republic, Mexico).

10 ALINORM 01/21 Part II-Add.3 (Comments of Australia); CAC/LIM-4 (Comments of Brazil).

11 ALINORM 01/21 Part II-Add.3 (Comments of Mexico); CAC/LIM-3 (Comments of the European Community); CAC/LIM-4 (Comments of Brazil).

12 ALINORM 01/21 Part II-Add.3 (Comments of Australia).

13 ALINORM 99/3, para. 27.

20 ALINORM 01/21, Part IV-Add.1; CAC/LIM-1 (Comments of Consumers International); CAC/LIM-11 (Comments of the European Community).

21 ALINORM 01/26, paras. 28-35.

22 ALINORM 01/33, paras. 67-70.

23 ALINORM 01/33, para. 110.

24 ALINORM 01/41, para. 209.

25 Actual proposals for MRLs for specific pesticide/commodity combinations will appear after the JMPR Meetings evaluating each pesticide.