The FSA’s over-riding concern is public health. While we listen to industry concerns, we will always put the consumer first. Amnesic Shellfish Poisoning is a serious toxin which can cause serious illness.
EU’s Standing Veterinary Committee has given technical approval for a tiered approach to the harvesting and marketing of king scallops. The tiered approach would end large-scale fishing bans on king scallops by enabling fishermen to market the parts of scallops deemed safe, while not compromising consumer safety.
The SVC decision does not represent a change to or a "tightening up" of the overall safe toxin limit (the action level) – this will remain at 20 microgrammes per gram of scallop flesh. The over-riding European rules have not changed.
The decision provides for a tiered approach by allowing the marketing of parts of the scallop which are safe, even though the whole animal may exceed the 20 microgramme per gram action level.
Under the tiered approach the roe and/or white meat of the scallop could be marketed if toxin levels were below 4.6 microgrammes per gram of scallop flesh and tests on the whole animal showed levels below 250.
The level of 4.6 micrograms per gram will ensure that there is only a very slight risk that any batch of scallops may exceed the action level of 20, thereby ensuring consumers are protected. It is based on scientific evidence demonstrating wide variability in toxin levels between animals.
We recognise that industry have concerns about the detail agreed but this is a decision proposed by the European Commission based on scientific advice from leading European experts on algal toxins.
The scallop industry initially pushed for consideration of a tiered approach in light of previous widespread bans. We have worked closely with industry to find a way forward that did not compromise public health and kept them fully up-to-date with developments.
The Way Forward
In light of yesterday’s meeting and current scientific advice, the FSA is considering interim advice to the scallop industry and enforcement bodies on the controls that will be operate as development of a tiered regime is taken forward.
The FSAS and the Scottish Executive have already met to discuss possible options. These are now being urgently developed and will issue for consultation within the next few weeks.
The Scottish Scallop Advisory Committee, made up of industry, enforcement and government officials, will also meet to discuss the options in early December.
We will continue to work with industry, enforcement authorities and the Scottish Executive to develop a practical way to introduce the new regime.
BACKGROUND/Q&A:
EU Standing Veterinary Committee has given technical approval for Member States to introduce a tiered approach to scallop marketing and harvesting where ASP levels in the whole scallop exceed 20 micrograms per gram of flesh.
Technical approval means another Committee will need to ensure the new approach complies with world trade rules. However we expect this to be a routine matter (taking approximately 2 months). During this time the Food Standards Agency will work closely with SEERAD, industry and enforcement bodies to develop a practical system for implementing the tiered approach.
It will be up to individual Member States, and in the UK the individual countries, to decide if they wish to introduce a tiered approach.
Monitoring of the tiered system would work as follows:
End Product Testing of the tiered system would work as follows:
¬Note: The highest ASP levels are found in the mantle and gills, then the roe (gonad) and then the white meat. The tiered approach therefore allows fishermen to market those parts with low, safe toxin levels.|
The current system does not allow this. At present we test the roe and if the level of ASP exceeds 20 micrograms then waters are closed to scallop fishing completely. This was an interim measure and is no longer an option. Industry must now decide if they wish to have the option of the tiered system when the whole animal results are above the statutory limit of 20 micrograms per gram.
In addition to FSA testing of scallops prior to harvesting, the tiered approach given technical approval by the SVC, would also require industry to carry out end product testing on every batch before the product went on the market.
The FSA has worked closely with the scallop fishing industry to get a tiered approach approved, while maintaining that public health protection has to be our primary aim. We have had an open and inclusive approach, bringing the main scallop organisations around the table and consulting with fishermen.
We recognise that industry may still have concerns that the decision has only received technical approval and that it has still to pass another hurdle. The FSA has been involved in extensive negotiations in Europe but was not involved in the drafting of the decision. However the FSA accept that the decision is based on expert scientific advice and addresses a major potential health problem.
The FSA felt that there was no need for both trigger levels and end product testing. We felt an either/or approach would be sufficient. However, it is worth remembering that under the present legislation industry has to ensure the product meets the required standard, and that many other parts of the food industry are required to carry out end product testing.
We feel that approval for a tiered approach is a major step forward. A tiered approach is likely to bring to an end the large-scale closure of waters.
Industry also has to acknowledge that this issue was pursued at their request. They have to accept that Europe has the right to set the terms of such an approach and needs to be satisfied that public health is protected. ASP is a serious toxin which can cause serious illness.
This decision does not mean the tiered approach will appear overnight. Assuming final approval is given it will still be for industry to decide whether they want the UK to press ahead with the tiered approach. A tiered approach will also need a robust enforcement regime to be in place.
If the tiered approach did go ahead would the industry be better or worse off?
It is impossible to say until the tiered approach is used in practice and it is entirely dependent on the occurrence and level, of ASP contamination. However, it is likely to bring to an end the large-scale closures currently experienced. The consequences for fishermen are for industry to consider when they come to choose whether they want a tiered approach. The FSA’s over-riding priority is protecting public health.
If the industry was worse off, would there be compensation?
That is a matter for the Scottish Executive. The FSA’s role is to protect consumers.
Would it not be easier to stick with the existing system?
Once the issue was raised in Europe it soon became clear that the existing system was not acceptable. Following scrutiny by EU officials the current regime was criticised since it is likely that whole scallops, with high ASP levels in the mantle, gills and hepatopancreas, may be placed on the market. If industry does not choose to adopt the tiered approach we would have to test the whole scallop in future.