Food safety regulations around Listeria monocytogenes (Lm) in the EU are changing, with Regulation (EU) 2024/2895, coming into effect 1 July.
But the changes are not as drastic as some may have you believe.
Clearing things up
Speaking with Karin Goodburn director general at the Chilled Food Association (CFA) and chair of the Industry Listeria Group and European Chilled Food Federation Rapporteur on Listeria, she warned that there has been an onslaught of misinformation circulating.
While you may see or hear about changes to shelf-life responsibility, Food Manufacture can confirm that many of the core requirements are staying the same.
The changes are actually just an amendment to EU Regulation 2073/2005 (Annex I, Chapter 1 criterion 1.2) the food safety criteria for ready to eat foods able to support the growth of Lm.
As Goodburn outlined, nothing is changing in terms of:
- Permitted Lm in RTE foods (100/g throughout shelf life for RTE foods for the general population), or
- Regarding how shelf life assessment should be carried out as part of standard HACCP, or
- Sampling of food and the production environment, trending the data and acting without undue delay to address adverse trends.
“All of these core requirements stay the same as they have done since the regulation came into effect in December 2005,” she said.
The CFA and FSA are currently trying to tackle inaccurate whispers surrounding the regulation.
“We’re aware of some confusion circulating around the recent changes to EU Listeria regulations for ready-to-eat foods, and we want to reassure businesses that the core food safety requirements they are already familiar with remain unchanged,” Natasha Smith, deputy director of food policy at the agency said.
What is the amendment to the regulation?
In April 2024, the European Commission (EC) published proposed changes to EU Regulation 2073/2005 Annex I, Chapter 1, criterion 1.2; the food safety criteria for ready to eat foods (RTE) which are able to support the growth of Lm.
A consultation was launched on the proposed amendment which closed on 8 May and Regulation (EU) 2024/2895 was adopted in July 2024. In order to give businesses sufficient time to adapt their practices and procedures to the new requirement, it was agreed the regulation would not apply before 1 July 2026.
Commission Regulation (EU) 2024/2895 amends Chapter 1, criterion 1.2(b) only of Commission Regulation (EC) 2073/2005.
The amended criterion 1.2(b) will apply only when the manufacturer is unable to demonstrate that they comply with criterion 1.2(a).
The amendment will mean that Lm must not be detected in 25g during the shelf-life of the ready to eat product placed on the market, as opposed to the current requirement of before the food has left the immediate control of the food business.
“The only thing that is changing is the penalty of not having satisfactory data demonstrating compliance with 100/g Lm for RTE foods supporting the growth of Lm,” confirmed Goodburn.
“Instead of the penalty criterion (1.2b) being the current Not Detected in 25g at the point of being put onto the market by the producing FBO, the new 1.2b will be Not Detected throughout shelf life.”
‘No new methods or mandatory testing regimes needed’
This has also been outlined in a recent FSA incident prevention update, which states: “A point the guidance makes clear: the 1 July change does not alter the fundamental shelf-life determination requirements that have been in place under Regulation 2073/2005 for nearly 20 years.
“The amendment tightens the regulatory consequence where a Competent Authority is not satisfied with the basis of shelf life for an RTE food supporting the growth of L. monocytogenes – it does not introduce new methods or mandatory testing regimes. There is no change to longstanding safety or shelf-life requirements."
Who does this impact?
For FBOs which are already compliant with the original 2005 legislation (2073/2005), this should mean no change at all.
It should also be noted that the change only applies in the EU, EEA, EFTA and Northern Ireland as the latter works to EU law owing to the terms of the Windsor Framework.
The regulation will not apply to businesses in GB supplying the GB market only, including products moving into NI under the NI Retail Movement Scheme.
The UK government is preparing to align with the EU on Sanitary and Phytosanitary (SPS) measures. Once a UK-EU SPS Agreement comes into force, it is expected that EU rules for RTE foods will also apply to GB.
The Department for Environment, Food and Rural Affairs (Defra) has shared this business guidance with more information on the SPS Agreement and food manufacturing, processing, and standards.
As negotiations are ongoing, not all details are confirmed at this stage. This includes the exact timing of when arrangements will change.
The Food Standards Agency says it remains committed to working with businesses to ensure a smooth transition and further information will be provided following the completion of negotiations.
Why the change?
The EC rationalised the change based on the rise in cases of listeriosis within the EU in recent years.
Records from the European Food Safety Authority show cases in humans were 15.9 % higher in 2022 than in 2021. The number of deaths from foodborne outbreaks and caused by Lm in the EU in 2022 was also one of the highest numbers ever reported to the Authority in the last ten years.
The EC position on the change is that it is simply clarification of an existing standard to reduce ambiguity, rather than an entirely new measure. Information provided at a meeting between EC officials and representatives from FSA in NI helped allay some of the prominent industry concerns.