Implementation of Decisions taken by the 23rd Session of the Codex Alimentarius Commission[8]
42. The Executive Committee noted the progress made in implementing the general decisions of the Commission as reported in the working paper. In relation to the implementation of the decisions in respect of risk analysis, the decisions of Executive Committee are presented in Appendix II of the present report. The Executive Committee clarified that in this table, reference to “relevant Committees” meant those Committees that make recommendations on risk management measures based on risk assessments: at the moment these Committees include the Committees on Food Hygiene, Food Additives and Contaminants, Pesticide Residues, Residues of Veterinary Drugs in Foods, and Nutrition and Foods for Special Dietary Uses (on some matters), and the ad hoc Task Forces on Foods derived from Biotechnology and Animal Feeding.
Consideration of New Work Proposals at Step 1 of the Procedure[9]
43. The Executive Committee considered proposals for new work at Step 1 of the Procedure: proposals for new work under the Accelerated Procedure and proposals for the discontinuation of previously-approved individual work items. The decisions of the Executive Committee are tabulated in Appendix III to this report.
44. In addition to the comments tabulated under each proposal, the Executive Committee made the general observation that justification for new work in terms of the Criteria for the Establishment of Work Priorities[10] should be well documented when making such proposals. It also noted the practice in some Committees of developing discussion papers or positions papers that explored the merits of proceeding with new work proposals, and encouraged this practice provided that it was not being used as a substitute for taking decisions.
45. The Executive Committee noted the concern expressed by the Representative of Asia on the use of the term “filled milk”[11] which was not allowed under the Codex General Standard for the Use of Dairy Terms and therefore could cause problems in trade in such products. The Executive Committee requested the next session of the Committee on Milk and Milk Products to re-examine the matter.
46. The Executive Committee welcomed the proposal that the Codex Committee on Meat Hygiene be reactivated in order to revise the existing codes previously developed by this Committee. It noted that the Committee had been adjourned sine die since 1993 and that since that time there had been significant developments that now had to be taken into account including the revision of the three basic texts on food hygiene.[12] The Executive Committee strongly recommended that the work and Terms of Reference of the Committee be expanded to include reference to poultry. It was proposed that consideration could also be given to revision of the Code of Hygienic Practice for Meat and Poultry Products pending advice from the Codex Committee on Food Hygiene. The Representative of WHO stated that the Committee on Meat Hygiene would need to interact directly with the Committee on Food Hygiene in order to include considerations of risk analysis in its work. It noted the proposal to hold the next session of the Committee in late 2001 or early 2002, and also noted the concern of some Members that the session should be held in conjunction with another Codex meeting in the region so as to reduce travel costs for participants.
47. The Executive Committee noted a proposal from the Region of Asia to commence work in the area of novel foods (other than from biotechnology), functional foods, and foods that also were considered to be at the food/drug interface. It recommended that a detailed proposal based on the Criteria for New Work Priorities be prepared for circulation to governments and consideration by the Commission.
Consideration of Proposed Draft Standards and Related Texts at Step 5[13]
48. The Decisions of the Executive Committee are tabulated in Appendix IV of this report.
49. In approving the advancement of the Proposed Draft Standards submitted by two Committees that had been working through correspondence, the Executive Committee noted the necessity of immediate consultations with governments and interested international organizations at Step 6 of the procedure and the early publication of the final Draft Standards at Step 8 for consideration by all Members of the Commission and interested parties well in advance of the next Commission session.
Matters Arising from Codex Committees[14]
Committee on Milk and Milk Products[15]
50. The Executive Committee noted that the matter of heat treatment definitions had been transferred to the work programme of the Codex Committee on Food Hygiene.
Committee on Food Hygiene
51. The Committee requested the advice of the Executive Committee on how to ensure coordination of work in relation to antimicrobial resistant bacteria in foods.[16] It noted that other interested Committees may be Committee on Residues of Veterinary Drugs in Foods and the Task Force on Animal Feeding. The Executive Committee noted that the main question was whether or not the question of anti-microbial resistance fell within the mandate of the Committee on Food Hygiene and if so, to what extent. It agreed that the development of a risk profile would assist in this determination and also in determining the extent to which the subject falls within the terms of reference of other Committees. In the absence of a risk profile, there is no reason to assume a necessity for coordination. The Executive Committee informed the relevant Committees/Task Force accordingly.
Committee on Food Additives and Contaminants: Risk Analysis Principles
52. The Committee had asked for clarification of the status of a discussion paper entitled Risk Analysis Principles for Food Additives and Contaminants in the context of a uniform approach to the application of risk analysis in different committees.[17] The Executive Committee noted that the origin of this work was the recommendation of the 1991 FAO/WHO Conference on Food Standards, Chemicals in Food and Food Trade the “the CAC and the relevant Codex Committees responsible for the development of standards, codes of practice or guidelines concerned with the protection of human health should make explicit the methods they have used to assess risk”.[18] This recommendation was endorsed by the 19th Session of the Commission (1991).[19]
53. The Executive Committee noted that general principles for risk analysis were being finalized by the Committee on General Principles and there was no need for the Committee on Food Additives and Contaminants to duplicate this work. It was expected that the discussion of risk analysis by the 24th Session of the Commission would conclude the mandate established by the 19th Session of the Commission for the Commission and its subsidiary bodies to make explicit their risk methodologies. The Executive Committee was therefore of the opinion that the matter was urgent and requested the Committee on Food Additives and Contaminants to complete the report on the scientific basis used in risk analysis of food additives and contaminants as soon as possible.
Committee on Food Additives and Contaminants: Codes of Practice
54. The Committee had requested the Executive Committee to provide advice whether codes of practice on source directed measures fall within the Committee’s terms of reference.[20]
55. Noting the Opinion of the FAO and WHO Legal Counsels transmitted to the 6th Session of the Commission (1969) and the Terms of Reference of the Committees on Food Additives and Contaminants and on Food Hygiene, the Executive Committee expressed the view that the matter fell within the Terms of Reference of the Committee as well as within the Terms of Reference of the Committee on Food Hygiene.
Committee on Food Additives and Contaminants: “Other legitimate factors”
56. The Committee had asked the Executive Committee to clarify the current status of the consideration of “other legitimate factors” within Codex with a view towards providing advice on a uniform approach to the matter and is considering the inclusion of a separate Annex concerning “other legitimate factors” in the Discussion Paper on the Application of Risk Analysis Principles for Food Additives and Contaminants.[21] The Executive Committee noted that the matter of “other legitimate factors” was under consideration by the Committee on General Principles at the request of the Commission. The Committee on General Principles had requested relevant Codex Committees to provide examples of other legitimate factors taken into account in their decisionmaking processes so as to facilitate the general debate in the Committee on General Principles on other legitimate factors.[22] The Executive Committee confirmed that responsibility for a systemwide approach to the consideration of “other legitimate factors” rested with the Committee on General Principles and that no further action in this matter should be taken by the Committee on Food Additives and Contaminants (or any other Committee) at the moment.
