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EU: Commission Adopts MLs of Nickel in Nuts
In February 2024, the Standing Committee on Plants, Animals, Food and Feed Section Novel Food and Toxicological Safety voted in favor of a draft Commission Regulation regarding maximum levels of nickel in certain foodstuffs, including 10 mg/kg in Brazil nuts, cashews, pine nuts and walnuts, 3.5 mg/kg in other tree nuts, and 12 mg/kg in peanuts. The Regulation was notified to the WTO and a commenting period ended in May 2024. The Regulation is expected to be published by July 2024 and will apply from July 1, 2025.
For more information, see the draft Commission Regulation and Annex.
EU: Official Controls Update
On June 12, 2024, the Official Journal of the European Union published Implementing Regulation (EU) 2024/1662 amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries. The Regulation will enter into force on July 2, 2024.
Changes for nuts and dried fruits:
Commodity | Origin | Hazard | Action |
Dried figs, mixtures and products produced from dried figs | Türkiye | Aflatoxins | Frequency of controls decreased to 20% |
Pistachios, mixtures and products produced from pistachios | Türkiye | Aflatoxins | Frequency of controls decreased to 30% |
Pistachios, mixtures and products produced from pistachios | Originating in the United States and dispatched to the EU from Türkiye | Aflatoxins | Frequency of controls decreased to 30% |
Brazil nuts in shell and mixtures of Brazil nuts or dried fruits containing Brazil nuts in shell | Brazil | Aflatoxins | Entry in Annex I deleted |
Groundnuts and products produced from groundnuts | Brazil | Pesticide residues | Entry in Annex I deleted |
Groundnuts and products produced from groundnuts | Sudan | Aflatoxins | Entry in Annex I deleted |
Groundnuts and products produced from groundnuts | The Gambia | Aflatoxins | Entry in Annex I deleted |
Groundnuts and products produced from groundnuts | Ghana | Aflatoxins | Entry in Annex II deleted and transferred to Annex I; frequency of identity and physical checks maintained at 50% |
Hazelnuts, mixtures and products produced from hazelnuts | Georgia | Aflatoxins | Frequency of controls decreased to 20% |
Relatedly, the EU has published an initiative regarding methods of analysis for official checks. The initiative establishes the analytical methods that may be used by Member State competent authorities when they check the implementation by food business operators of rules laid down in Commission Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs. The feedback period closes on July 2, 2024.
EU: Smoke Flavorings to Be Banned
The EU Member States have endorsed a proposal from the European Commission to not renew the authorization of eight smoke flavorings for food. After a phase-out period or two or five years, depending on the use, these flavorings will no longer be allowed in the EU. The decision follows scientific assessments by the European Food Safety Authority (EFSA) that concluded that genotoxicity concerns regarding all eight flavorings are either confirmed or cannot be ruled out.
EU: Commission Drafting New MLs for SO2
According to FRUCOM, the European Commission is currently drafting new maximum levels for sulphur dioxide as a food additive and aims to conclude discussions on the new draft limits by September. After this, the European Food Safety Authority (EFSA) will start reviewing new intake assessments with the new draft levels.
EU: Plant Protection Products Update
The European Commission has published an Implementing Regulation withdrawing the approval of the active substance acibenzolar-S-methyl. Member States are required to withdraw authorizations of any plant protection products containing acibenzolar-S-methyl as an active substance by January 10, 2025.
On May 30, 2024, the Commission published a Regulation that defines the data requirements for the approval of safeners and synergists and establishes a work program for the gradual review of safeners and synergists on the market.
Japan: Draft MRLs
Japan has notified the World Trade Organization of the following draft changes in maximum residue levels (MRLs):
Substance | Commodity | Draft MRL | Current MRL |
Metaflumizone(1) | Japanese plum (including prune) | 0.7 ppm | – |
Metaflumizone(1) | Grape | 5 ppm | – |
Broflanilide(2) | Peanuts, dry | 0.7 ppm | – |
(1) The comment period ends on August 10, 2024. If adopted, the MRLs would enter into force six months after the date of publication. More information
(2) More information
USA: Termination of Certain Chlorpyrifos Uses
The Environmental Protection Agency has issued a final cancellation order terminating certain uses of chlorpyrifos. Changes affecting nuts and/or dried fruits are summarized below:
Registration no. | Product name | Company | Uses that are deleted |
93182-3 | Chlorpyrifos Technical | Gharda Chemicals International, Inc | Cranberries, dates, figs, grapes, peanuts, plums/prunes, tree nuts (almonds, hazelnuts, pecans and walnuts) |
93182-7 | Pilot 4E Chlorpyrifos Agricultural Insecticide | Gharda Chemicals International, Inc | Cranberries, figs, grapes, peanuts, almond, walnut (dormant/delayed dormant sprays), tree fruits (except apple, peaches and cherries), tree nuts (foliar sprays), tree nut orchard floors, plums, prunes |
93182-8 | Pilot 15G Chlorpyrifos Agricultural Insecticide | Gharda Chemicals International, Inc | Peanuts |
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