28 May 2012 Reference: ENF/S/12/017

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1 To: Lead Food Officers Heads of Service Cc: REHIS, CoSLA, SFELC 28 May 2012 Reference: ENF/S/12/017 Dear Colleagues GUIDANCE ON THE MORATORIUM ON THE PRODUCTION AND USE OF DESINEWED MEAT FROM NON RUMINANT BONES IN THE UNITED KINGDOM 1. This letter follows theletter of 26 April (ENF/S/12/016) about the moratorium on the production of desinewed meat obtained by mechanical separation announced by the Food Standards Agency (FSA) on 4 April The moratorium came into effect in two stages. The first stage, concerning the production and use of DSM from ruminant bones, came into effect on 28 April The second stage, concerning the production and description of DSM from non-ruminant bones and poultry carcases, came into effect on 26 May Since my letter of 26 April, two sets of guidance have been issued to help Food Business Operators (FBOs) achieve compliance with the terms of the moratorium. Guidance for businesses on the first stage of the moratorium on DSM from ruminant bones was issued on 26 April and can be found at: 4. Guidance for FBOs on the second stage of the moratorium on DSM from non-ruminant bones and poultry carcases was issued on 23 May and can be found at Annex 1 to this letter. The guidance has also been posted on the FSA website at: We request that you bring this guidance to the attention of establishments in your area that produce, use or store DSM from non-ruminant bones and poultry carcasses. 5. All relevant officers within your Authority need to be made aware of the second stage of the moratorium and how it will affect businesses in your area. 6th Floor St Magnus House 25 Guild Street Aberdeen AB11 6NJ T F E neil.leitch@foodstandards.gsi.gov.uk

2 6. The aim of this letter is to highlight the key issues that LAs need to be aware of in terms of food business compliance with the second stage of the moratorium. As well as, how non ruminant DSM that has to be reclassified as MSM under the moratorium will affect the labelling of meat preparations and meat products in which it is used. 7. What enforcement action should LAs take? This is not a food safety risk. Nonetheless, the moratorium will mean that many businesses will have to make significant changes to their activities and may find it difficult to comply with the moratorium in the short term. Given these circumstances, we are asking LAs to take an educative and supportive approach to enforcement until the end of December 2012 after which all businesses should have achieved full compliance. Should you consider it necessary to escalate enforcement action before the end of the year, I would be grateful if you could get in touch with the relevant FSA contacts detailed in paragraph 14, so that we are aware of the issue. 8. Which types of businesses will be affected? Any food business handling meat could potentially be affected, but officers should pay most attention to establishments approved for the production of meat preparations and/or meat products which are most likely to be affected by the moratorium. 9. What should LAs be doing? LAs should identify the establishments in their areas that they have approved for the production of meat preparations and/or meat products. Officers should ensure that the relevant FBOs understand the requirements of the moratorium and can demonstrate that they are actively taking steps to comply. For example, producers of meat preparations and/or meat products may wish to contact the suppliers of their meat ingredients, both home and abroad, to discuss whether they are affected by the moratorium and hence whether changes will be necessary to enable them to comply with the moratorium. Manufacturers will also want to check that ingredients to be obtained from any new suppliers are compliant with the moratorium. Particular attention should be paid to goods destined for elsewhere in the EU. FBOs should be reminded that products falling under the moratorium are not permitted on the EU market and it would reflect badly on their business and the UK if noncompliant products were to be identified by other Member States. 10. Should officers check for non-compliant products at retail level?

3 Officers (particularly those with Primary Authority responsibilities) may wish to check that retailers are establishing whether their suppliers are complying with the moratorium. 11. Is all DSM considered to be MSM under the moratorium? No, certain types of DSM are not considered to be MSM under the moratorium (please see Annex 1) and can count towards the declared meat content of final products in which they are used. Also, non-ruminant DSM produced before 00:01hrs on 26 May 2012, can continue to be sold through for incorporation into intermediate and final product as meat (rather than MSM) until stocks run out. 12. What are the food labelling issues for meat preparations and/or meat products relating to the moratorium? There are a number of knock-on effects of the moratorium on labelling of meat preparations and/or meat products that businesses will need to address. However this will take time to put into effect given that businesses will first need to decide whether to reformulate a product before they can design and print new labelling. The labelling areas that could be most affected will be those concerning some reserved descriptions and the minimum meat compositional requirements, which may no longer be met unless a product is reformulated. This is because certain types of DSM that have until now counted as meat for the purposes of food ingredient labelling under EU Meat Labelling Rules and national Meat Products Regulations 2003, will be regarded as MSM from 26 May and cannot be counted as meat. QUID labelling may also be affected in this way under the general food labelling rules. Details of the areas of food labelling affected are given in Annex We would be grateful if you could assist businesses to comply with the new arrangements as soon as practically possible. Please could you work with them over the next 6 months to achieve full compliance with the production and food labelling requirements. To facilitate this, I enclose a model letter template at Annex 3, which you may wish to use in writing to the affected establishments in your area. 14. Once again, I would like to take this opportunity to thank you for your assistance and co-operation in this matter. Should you have any queries on the contents of this letter, please contact:

4 for hygiene technical issues and enforcement: ; and for compositional and labelling issues and enforcement: Yours faithfully Andrew Morrison Senior Environmental Health Specialist Enforcement Branch, Scotland

5 GUIDANCE ON THE MORATORIUM ON THE PRODUCTION AND USE OF DESINEWED MEAT FROM NON RUMINANT BONES OR POULTRY CARCASES IN THE UNITED KINGDOM Purpose and Scope On 4 April 2012 the Food Standards Agency (FSA) announced a moratorium on the production and use of desinewed meat (DSM). This guidance: is to help Food Business Operators (FBOs) achieve compliance with the moratorium. It is relevant to FBOs who are currently producing, storing or using DSM produced from non ruminant bones or poultry carcases as well as officials responsible for enforcement of the requirements of the moratorium, relates only to DSM that has been produced by mechanical separation of residual meat from flesh bearing non ruminant bones after boning or from poultry carcases. Guidance on DSM production from ruminant bones was issued on 26 April and is available at Legal Status This guidance replaces the previous guidance, The production of meat preparations obtained by desinewing meat, published in September 2010 as far as it relates to the production of DSM from non ruminant bones or poultry carcases. It reflects the way the European Commission currently interprets the legal definition of mechanically separated meat. It is for Food Business Operators to ensure that they comply with food hygiene and other legal requirements. Only the courts can give authoritative statements of those requirements. Background Desinewed meat (DSM) is fresh meat from which the sinews and tendons have been removed by passing fresh meat trim or meaty bones through a low pressure machine. It has the appearance and texture similar to that of minced meat. The moratorium applies only to DSM produced after mechanical separation of residual meat from bones or poultry carcases followed by the desinewing process. Following an audit mission to the UK by the European Commission s Food and Veterinary Office (FVO), the Food Standards Agency (FSA) is putting in place a

6 moratorium on the production of all desinewed meat from non ruminant bones and poultry in order to ensure full compliance with EU law. From the date of the moratorium non ruminant DSM must be classified as mechanically separated meat (MSM). As such it must comply with EU legislation on the production and labelling of MSM. There is no evidence of any increased food safety risks associated with non ruminant DSM obtained by mechanical separation or the process by which it is produced. There has, however, been a difference in interpretation of the definition of mechanically separated meat (MSM) in EU law between some European member states, including the UK, and the European Commission. Implementation The moratorium on the production and use of DSM from non ruminant bones or poultry carcases will come into effect in the UK at 00:01hrs on Saturday 26 May Terms Used in this Guidance DSM from non ruminant bones : Unless otherwise indicated, means raw or pure DSM obtained from mechanical separation of residual meat from non ruminant bones or poultry carcases after initial de-boning, which falls within the scope of the moratorium. Encompasses such DSM destined for the UK market, Intra-Community trade and for export to Third Countries and that originating from other countries. Intermediate product : DSM produced from non ruminant bones or poultry carcases that has been subject to further processing into a product for incorporation into a finished product for commercial use or a finished product for the final consumer. Finished product for commercial use : Finished product that consists of or contains non ruminant DSM and is ready for commercial use in that state (including in other products). Finished product for final consumer : A product which is ready and intended for consumption in that state whether or not it is packaged for the final consumer. This includes such product that is in storage waiting to be packaged for the final consumer, is already packaged for the final consumer, or is already on retail sale. The use of the term DSM from non ruminant bones or poultry carcases in this document from this point onwards is in accordance with the meaning set out above.

7 Other Relevant Definitions Set out in Regulation (EC) 853/2004 Meat preparations means fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat and thus to eliminate the characteristics of fresh meat. Minced meat means boned meat that has been minced into fragments and contains less than 1% salt. Mechanically separated meat means the product obtained by removing meat from flesh-bearing bones after boning or from poultry carcases, using mechanical means resulting in the loss or modification of muscle fibre structure. Meat products means processed products resulting from the processing of meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat.

8 Stage 2 DSM From Non Ruminant Bones or Poultry Carcases Commencing at 00:01hrs on Saturday 26 May 2012 Production or Import of DSM from Non Ruminant Bones or Poultry Carcases DSM from non ruminant bones or poultry carcases produced after 00:01hrs on 26 May 2012, including that for export to other Member States and Third Countries, is MSM and must be produced, described and labelled as such. DSM from non ruminant bones or poultry carcases imported into the UK from other Member States or Third Countries after 00:01 on 26 May 2012 is MSM and must be described and labelled as such when incorporated into intermediate or finished product. If FBOs have concerns about compliance with these requirements they should seek advice from their enforcement authority. Activities Outside the Scope of the Moratorium Residual non ruminant meat which has been removed from the bone, either with a knife or hand held powered equipment with a cutting or shearing action, and which does not involve removing the meat by means of applying low or high pressure techniques, is not considered to be MSM. If the product obtained from the process described in the bullet point above contains cartilage, sinew or bone fragments / chips, it may be passed through a meat separator to remove such cartilage, sinew or fragments, and is not considered to be MSM. DSM produced from portions of non ruminant meat (which is not on the bone, and that has not been obtained by mechanical separation) by passing it through a meat separator to remove sinew or fat is not considered to be MSM.

9 Meat removed by mechanical means from non ruminant bone-in cuts of meat that have not been subject to any previous boning 1 is not considered to be MSM. Examples include wishbone meat, and recognised pork and poultry cuts. This process is regarded as mechanical deboning as it is the removal of bones from meat, rather than the removal of residual meat from bones. Unused DSM from Non Ruminant Bones or Poultry Carcases Unused DSM from non ruminant bones or poultry carcases (including that in storage) produced before 00:01hrs on 26 May may be sold through and incorporated into intermediate products, and finished products for commercial use or the final consumer after 00:01hrs on 26 May. If the non ruminant DSM originates from outside the UK, i.e. from any EU or third country, the importing FBO should take any step necessary to satisfy themselves that the product is not MSM e.g. by checking with the importer or producer and obtaining written confirmation that the product is not MSM and/or has not been produced under an MSM approval. The date of production of this DSM must be available through the FBO s internal traceability system to demonstrate the product was produced before the moratorium commenced. Intermediate Product Consisting of or Containing DSM from Non Ruminant Bones or Poultry Carcases DSM produced from non ruminant bones or poultry carcases before 00:01hrs on 26 May 2012 that has subsequently been subjected to further processing, such that it can be considered a meat preparation or a meat product or that which has been incorporated into an intermediate product, may be sold through after 00:01 on 26 May previous boning is the specific physical removal of meat directly from the bone(s) resulting in a bone with residual meat attached. The removal of the residual meat from the bone would be considered as MSM production.

10 The date of production of the intermediate product must be available through the FBO s internal traceability system to demonstrate that the DSM used was produced before the moratorium commenced. Finished Product for Commercial Use or the Final Consumer Consisting of or Containing DSM from Non Ruminant Bones or Poultry Carcases Finished products that consist of or contain DSM from non ruminant bones or poultry carcases produced before 00:01hrs on 26 May and are ready for commercial/food service or final consumer use in that state (including in other products) may be sold through after 00:01 on 26 May These include products in storage waiting to be packaged for the final consumer, products already packaged for the final consumer or for the distribution chain and products already on retail sale. The date of production of these finished products must be available through the FBO s internal traceability system to demonstrate it was produced before the moratorium deadline. Hygiene & Microbiology Division 23 May 2012

11 Annex 2 LABELLING RULES AND GENERAL FOOD LAW General EU labelling rules require quantitative ingredient declarations ( QUID ) to be given for ingredients mentioned in the name of a food or usually associated with that food by the consumer. Therefore, in this case of meat products, the meat content(s) must be given as a percentage of the weight of the final food (either next to the name of the food, or in the ingredients list.) EU regulations (Commission Directive 2001/101/EC) define meat for the purposes of labelling products containing meat as an ingredient (i.e. for ingredients listing and as the basis for quantitative ingredient declarations, i.e. QUID ). The Food Labelling (Amendment) (England) Regulations 2003 (and separate but similar regulations in Scotland, Wales and Northern Ireland) implement Commission Directive 2001/101/EC. Commission Directive 2001/101/EC defines meat for labelling purposes for products containing meat as an ingredient as skeletal muscles with naturally included or adherent tissue. The EU meat definition excludes Mechanically Separated Meat (MSM) so it cannot count towards the meat content of food and must be labelled separately. Consequently, MSM must be designated by its specific name and include the species name from which it is obtained, e.g. mechanically separated chicken. Whilst EU QUID rules require a product to declare the level of meat content, it is the national Meat Products (Scotland) Regulations 2004 (and the equivalent legislation in England, Wales and Northern Ireland) that establish minimum meat content requirements for certain meat products, that is reserved descriptions products such as burger, sausage. Therefore, products described using a reserved description must meet the minimum required meat contents. Under more general food law (Article 16 of Regulation 178/2002, etc.) and the Food Safety Act 1990 it is an offence to sell food that is not of the nature, substance or quality demanded by the consumer or to falsely or misleadingly describe or present food. EU labelling rules and the Food Labelling Regulations 1996 (as amended) state that the name of a food has to be precise enough to indicate the true nature of the product and to distinguish it from other foods with which it could be confused.

12 ANNEX 3 MODEL LETTER TO FOOD BUSINESS OPERATORS ## May 2012 Dear Food Business Operator GUIDANCE ON THE MORATORIUM ON THE PRODUCTION AND USE OF DESINEWED MEAT FROM NON RUMINANT BONES OR POULTRY CARCASES IN THE UNITED KINGDOM The Food Standards Agency (FSA) announced on 4 April 2012 that: with effect from on Saturday 28 April 2012, the use of ruminant bones (other than ruminant bones from TSE negligible risk countries) in the production of a product commonly known in the UK as desinewed meat (DSM) would cease with immediate effect; and with effect from on Saturday 26 May 2012, DSM produced from non ruminant bones is to be regarded as mechanically separated meat (MSM) and therefore subject to all regulatory requirements relating to MSM. Attached as Annex A is detailed guidance on the moratorium on the use of non- ruminant bones or poultry carcases in DSM production that applies from 26 May The attached guidance has also been posted on the FSA website ( The decision of the FSA on DSM production follows an audit mission to the UK by the European Commission s Food and Veterinary Office, and subsequent information from the European Commission that meat separated from bones by mechanical means (whether by low or high pressure) must be regarded as MSM under EU law. I should stress that the moratorium coming into force on 26 May does not mean that all production of DSM from non ruminant bones must stop from that date. As explained in the attached guidance, some DSM production from non ruminant bones will fall outside the scope of the moratorium and can continue as usual. Product that is caught by the moratorium may also still be produced and incorporated into intermediate and/or final product after 26 May but the production process and labelling should be compliant with legislation relating to MSM. I appreciate that achieving full compliance for product caught by the moratorium may not be a straight forward matter for some producers. Should you require assistance in achieving

13 compliance or have any further questions regarding this letter, please contact [insert contact details] Yours faithfully