Compliance decision criteria—problems encountered and actions taken in the EU and Codex

Abstract

It is now recognised that there is an intimate relationship between the final analytical result and the sampling, the measurement uncertainty and the recovery factor used to obtain that result. Within the food sector in the EU this was identified by the SCOOP Task 9.1 “Preparation Of A Working Document In Support Of The Uniform Interpretation Of Legislative Standards And The Laboratory Quality Standards Prescribed Under Directive 93/99/EEC”. The recommendations from this Report have been accepted in the Food Contaminants and the Undesirable Substances in Feed Sectors. These are given in the SANCO document “Report To The Standing Committee On The Food Chain And Animal Health On The Relationship Between Analytical Results, The Measurement Uncertainty, Recovery Factors And The Provisions In EU Food And Feed Legislation With Particular Focus On The Community Legislation Concerning: (A): Contaminants In Food (Council Regulation (EEC) No 315/93 of 8 February 1993 Laying Down Community Procedures For Contaminants In Food), and (B): Undesirable Substances In Feed (Directive 2002/32/EC Of The European Parliament And Of The Council Of 7 May 2002 On Undesirable Substances In Animal Feed).” Similar considerations were identified in the Codex Alimentations Commission where the guidelines “The Use Of Analytical Results: Sampling, Relationship Between The Analytical Results, The Measurement Uncertainty, Recovery Factors And The Provisions In Codex Standards” are being progressed through the Codex system. Both of these Reports stress that before deciding whether a sample is in compliance with a legislative limit the uncertainty should be deducted and the results corrected for recovery. Thus that there is a difference between the legal specification and enforcement limit will be stressed and that this should be appreciated when specifications are being set. The rationale behind the Reports is described.