Workshop on the Revision of the Novell Food Regulation

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Workshop on the Revision of the Novell Food
Regulation

• Views and experiences regarding traditional foods
• IPPN Peruvian Institute of Natural Products
• Mark Hein
• 01.12.2005

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IPPN

• IPPN (Peruvian Institute of Natural Products) is
  a group of companies, institutions and
  individuals promoting scientific investigation,
  cultivation, production, local consumption and
  added value export of native medicinal plants and
  natural products, preserving the environment,
  coordinating with local and indigenous
  communities and collaborating with improvement of
  their quality of life
• Members Private Companies, Universities,
  Independent Researchers, Government Institutions
  (Export promotion, Ministries etc.), Private
  Institutions, among others
• IPPN is internationally recognized as the leading
  Association of Peru with respect to Peruvian
  traditional food products and medicinal herbs.

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Novel Foods

• Public Health (food safety) concerns towards
  Novel Foods are supported by IPPN
• The problematic relies in the definition of what
  should be considered as Novel Food?
• Genetically modified products and their
  derivatives
• Foods processed by new technologies that change
  the products chemical structure
• Traditional Foods that have not been used in a
  specific geographical region
• Products with no consumption
  history in any part
• of the world
• Peru high concern GMOs are not allowed

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NFR Regulation EU 258/97

• Basic Problem Incorrect application /
  interpretation has generated a global trade
  problem. The NFR has become an important
  technical (non-tariff) trade barrier
• Main consequences
• Threat to income development of less developed
  countries
• Threat to diet diversification within the EU
• Limiting development factor for European SMEs
• On basis of what risk assessment does NFR apply
  to traditional foods?

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NFR Main Problems

• It conflicts with various Regulations and
  Policies from the EU and of international
  character
• Constitutive Treaty Art. 131, 175, 177, 178
• Regulation EU 178/2002 General Food Law Art 13
• Principles of International Patent Law creating
  temporary monopolies
• Other EU policies on trade development and
  development aid
• It has various inconsistencies, definition
  problems and omissions
• Art. 2 e (exception) and Recommendation 97/618/EC
  are not compatible
• Definition deficiencies novel, consumption to a
  significant degree, equivalent, etc.
• Statistical data demanded is practically not
  available
• No standardized ruling, every responsible agency
  has their own parameters
• Each product requires several dossiers (fresh,
  dried, pulp, etc)
• Products of different nature have to undergo
  basically the same safety assessment
• Does not consider exposure limits and derived
  risk assessment. Zero risk does practically not
  exist
• Does not consider rights of immigrant population
  nor their descendants to follow their culinary
  habits
• New regulations since NFR have absorbed many
  issues of concern regarding public health safety
• Need for change

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Effects on Peruvian Exports

• Direct Effects
• Loss of formal clients that imported before 2002
• Confiscation of products
• Delays in import procedures
• Increase in import costs due to additional
  inspections and delays
• Indirect Effects
• Increase of informal exports through internet
• Main Impact General restrictive market
  development
• Main market agents are small and medium sized
  companies not willing to risk high investment of
  filing a NFR dossier
• Experience on ruling so far is not helping (case
  study)

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Effects on Peruvian Exports

• There is no official record on individual
  effects, but overall impact can be estimated
  through analysis of historical data

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Effects on Peruvian Exports

• Economic
• EU Market is probably the most attractive market
  for exotic traditional foods
• Overall economic impact (lost export opport.)
  estimated at Actual (2005) US 10
  Million/year
• Projected (2015) US 300-400
  Million/year
• Social
• Most exotic traditional foods come from
  environmentally sustainable production systems
  managed by small farmers
• Farmers that grow most of the products dont have
  alternative income sources or these are scarce,
  except for Coca Leaves
• 50,000 families affected actually, 200,000
  projected

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Effects on Peruvian Exports

• Peruvian Products banned from EU Market
• Jungle Fruit Richest source of natural vitamin C
• Andean Root Richest source of natural FOS
• Inca Peanut Richest source of plant-derived
  Omega 3 oil
• Over 1,000 products that may enhance nutritional
  quality of European diets and that enrich the
  pallet of offered flavors, colors, textures, etc.
• If NFR would be applied to all products actually
  being sold in the EU that originated from Peru we
  would probably have to ban
• Potato, Tomato, Corn, Cacao.among many others

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Comments on UNCTAD/CBIs discussion paper

• IPPN basic opinion Novell food should be applied
  correctly and exotic traditional foods should
  not undergo NFR scrutiny. Exotic traditional
  foods should comply with regulations that already
  guarantee food safety in the EU
• If EU still insists on a separate evaluation,
  IPPN supports UNCTAD/CBIs analysis and
  discussion paper suggesting the creation of a
  special category of exotic traditional foods,
  that will undergo an alternate notification/evalua
  tion scheme and urges the relevant authorities to
  consider the following aspects
• Aspects that need a more precise definition or
  explanation
• Global History and consumption patterns, who is
  going to do this?
• History of safe food use and other recognized
  historical data
• Scientific knowledge associated with the origin
  of the product has to be clearly determined
• Additional studies (toxicity, allergenic,
  clinicals, etc.) when valid and proportionate
  doubts exist as to food safety
• Realistic estimate of likely initial consumption
  and derived risk assessment is hard to determine
  for the exporter as well as for the importer
• Aspects that need to be reconsidered
• Evidence that the product does not contain
  significant levels of substances that are
  considered hazardous

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• Aspects that have to be part of the new exotic
  traditional food regulation
• Acceptance of traditional knowledge to asses
  safety
• Recognition and involvement of third country
  national authorities, laboratories and
  universities is a must, not only potential
• Taxonomy of the plant could be considered for
  further information and clarification
• Preliminary advice is essential
• During evaluation the applicant should have the
  right of active participation
• Streamlined and centralized process
• When an application is denied, it should be
  categorized or the argument published, as a
  denial does not necessarily mean the product is
  unsafe
• Establish a practical and transparent guide for
  filing if necessary
• Positive list of products based on already
  existing documentation of organizations like FAO,
  WTO, CIP, IPGRI, CGIAR, UNCTAD, GTZ, SIPPO, CBI,
  etc.
• Application of Regulation EU 882/2004 can again
  stop exports of safe traditional foods.
• International biodiversity treaties should be
  considered
• Responsibility on commerce finally relies on
  companies within the EU, the EU should rule their
  companies and not impose ruling on foreign
  governments and companies
• Change is needed urgently, not in 2-3 years
• Aid is necessary for DC countries to cope with
  regulations
• Food safety, sustainable development of
  biodiversity, open trade and development aid are
  compatible and just need a practical approach for
  its combination!
• Final request Research oriented development aid