Requirements for special guarantees concerning salmonella in the import of food products of animal origin in the internal market - Instructions for control authorities and operators

Guide 2529/04.02.00.01/2021/3, effective date 9/11/2024

1 Introduction

As the prevalence of salmonella in farm animals and food products is very low in Finland and Finland implements a national salmonella control programme approved by the European Commission, the Commission has granted Finland special guarantees concerning salmonella. As a result of the special guarantees, food products covered by the special guarantees that are imported to Finland for commercial purposes must be free of salmonella before being sent to Finland. The special guarantees cover meat from bovine and porcine animals and poultry imported in the raw state and minced meat made from these meats. Chicken eggs that are imported raw are also included in the scope of the special guarantees.

The control of intra-Community trade is targeted at food products of animal origin imported into Finland from other Member States in the internal market that are covered by the requirements on special guarantees concerning salmonella. The control of compliance with the requirements on special guarantees concerning salmonella is risk-based. Own-checks of compliance with the requirements on special guarantees is included in the scope of Oiva inspections, and the targeting of inspections is based on the Finnish Food Authority’s risk classification instructions no. 10503. Own-checks of the requirements on special guarantees include a review of the documents in accordance with Regulation (EC) No 1688/2005 and the taking of own-check samples in accordance with the Finnish Food Act.

Control cannot restrict the EU’s general principle of the free movement of goods and services, which refers to matters such as the movement of goods in the internal market without any charges, quantity restrictions or similar measures and the possibility to export a product that has already been legally placed on the market in one Member State to another Member State without restrictions.

Free movement may be restricted by additional national requirements of which the Commission has been notified or that are laid down in EU legislation, however. An example of such an additional requirement is the special guarantees concerning salmonella (for meat from bovine and porcine animals and poultry, minced meat made from these and chicken eggs) laid down in Commission Regulation (EC) No 1688/2005, the compliance of which is subject to particular attention during controls. The special guarantees concerning salmonella are laid down in Regulation (EC) No 853/2004, and Regulation (EC) No 1688/2005 provides for the implementation of the requirements.

The operations of an authority must be based on powers provided by law and must be carried out in strict compliance with the law. By their legal nature, instructions by the authorities are not binding on any other authorities or operators. Ultimately, any questions about the application of legislation are decided by a court of law. The key legislation on which these instructions for authorities and operators are based is available on the Finnish Food Authority’s website at https://www.ruokavirasto.fi/en/themes/import-and-export/eu-countries-norway-and-switzerland/food/legislation/. In addition, there are interpretations of the Finnish Food Authority on how legislation should be applied.

2 Legislation

Legislation related to products with special salmonella guarantee:

• Food Act 297/2021
  • Ministry of Agriculture and Forestry Decree on Food Hygiene 318/2021
• Regulation of the European Parliament and of the Council (EC) No. 853/2004 concerning specific hygiene rules for foodstuffs of animal origin
• Commission Regulation (EC) No. 1688/2005 on the special guarantees concerning salmonella required for consignments to Finland and Sweden
• Commission Implementing Regulation (EU) No. 1223/2011 concerning microbiological examination methods
• Commission Implementing Regulation (EU) No. 427/2012 concerning the extension of special salmonella guarantees to eggs intended for Denmark
• Commission Implementing Regulation (EU) No. 2018/307 extending the special guarantees concerning salmonella to meat derived from broilers (Gallus gallus) intended for Denmark
• EFTA Surveillance Authority Decision No. 1/19/COL extending the special guarantees relating to Salmonella to meat and eggs from hens and meat from turkeys intended for Iceland
• Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety
• Commission Implementing Regulation (EU) No. 931/2011 on the traceability requirements set by Regulation (EC) No. 178/2002 of the European Parliament and of the Council for food of animal origin

3 Definitions

Special guarantees

Special guarantees refer to the salmonella rules described in Article 8 of Regulation (EC) No. 853/2004 and the requirements of Regulation (EC) No. 1688/2005 on their implementation. Foodstuffs covered by the special salmonella guarantees:

• raw beef and pork, including minced meat, excluding, however, raw meat preparations and mechanically separated meat (MSM);
• raw poultry: domestic chickens, turkeys, guinea fowls, ducks and geese, including minced meat, excluding, however, raw meat preparations and mechanically separated meat (MSM), and
• raw eggs.

Offal and blood

Offal and blood are considered meat. ((EC) No. 853/2004 Annex I point 1)

Raw meat preparation

According to point 1.15 of Annex I to Regulation (EC) No. 853/2004 of the European Parliament and of the Council concerning specific hygiene rules for foodstuffs of animal origin, raw meat preparations refer to fresh meat, including minced meat, to which foodstuffs, spices or additives have been added, or which has been processed, but not in such a way that the internal muscle fibre structure of meat has changed and the characteristics of fresh meat have been lost. As regards salt content, meat is defined as a raw meat preparation if the salt content of the product is 1% or more.

Mechanically separated meat

In accordance with Annex I, Section 1.14 of Regulation (EC) No. 853/2004 of the European Parliament and of the Council concerning specific hygiene rules for foodstuffs of animal origin, mechanically separated meat (MSM) means a product obtained by the removal of meat from bones after boning or from poultry carcasses by mechanical means resulting in loss or alteration of the muscle fibre structure.

Consignment    

Consignment refers to food consigned by the same consignment document. The consignment may contain one or more lots of the same or different food types and may be, for instance, a vehicle load or pallet-load of products. The consignment may originate from an establishment or other food premises (e.g. wholesaler).

Lot

A food lot refers to a set of foodstuff sales units produced, manufactured or packaged under virtually the same conditions. (Ministry of Agriculture and Forestry Decree on the provision of food information to consumers 834/2014, section 3, paragraph 4)

Health mark

The term health mark refers to the oval mark that is stamped on the parts of the carcass and which contains the name or code of the country of manufacture, the establishment’s approval number and the EC abbreviation. ((EU) 2019/627, Annex II)

Identification mark

The term identification mark refers to the oval mark that is included on a foodstuff of animal origin or its wrapping or packaging and which contains the name or code of the country of manufacture, the establishment’s approval number and the EC abbreviation. (Articles 5 and 6 of Regulation (EC) No. 853/2004 and Section I of Annex II)

Importer

In this guide, an importer refers to an operator who first receives or forwards foodstuffs of animal origin from internal trade. 

4 Import in the internal market under the scope of the requirements on special guarantees concerning salmonella

The requirements of Commission Regulation (EC) No 1688/2005 apply to all commercial activities involving the import of products covered by the special guarantees concerning salmonella into Finland through intra-Community trade. It is a question of import in the internal market where the operator is the importer and the special guarantees concerning salmonella must be taken into account in the following cases:

• An operator imports products covered by the special guarantees concerning salmonella from the internal market.

• An operator imports products covered by the special guarantees concerning salmonella from the internal market and stores them, either in its own warehouse or a rented warehouse.

• An operator imports (supplies) products covered by the special guarantees concerning salmonella from the internal market directly to customers, but does not store these products in its own or rented warehouse.

• An operator orders products covered by the special guarantees concerning salmonella from the internal market through distance selling.

• Products covered by the special guarantees concerning salmonella imported from the internal market are sold as victuals to vessels flying the Finnish flag.

• Products covered by the special guarantees concerning salmonella are imported into Finland from the internal market by Finnish operators with mobile food premises or seasonal operations.

• Products covered by the special guarantees concerning salmonella are imported into Finland from the internal market by non-Finnish operators with mobile food premises or seasonal import operations in Finland.

4.1 Products imported from the internal market not included in the scope of the special guarantees concerning salmonella

Regulation (EC) No 1688/2005 does not apply to the following food products, and no commercial document/intra-Community trade certificate or salmonella test certificate is required for their intra-Community trade:

• Meat and minced meat from animals other than bovine and porcine animals and poultry (chicken, turkey, guinea fowl, duck and goose)
• Mechanically separated meat (MSM)
• Meat preparations from any animals
• Chicken egg products
• Egg products from birds other than chickens

4.2 Exceptions to the documentation requirements

A commercial document or an intra-Community trade certificate (Regulation 1688/2005, Annexes IV and V) or a salmonella test certificate is not required for consignments in the following example situations:

• If the food product comes from a Member State in the internal market where a salmonella control programme similar to Finland, approved by the Commission, is in place for the food product in question. The food product may either originate in a Member State implementing said salmonella control programme or the food product may have been received in such a Member State and then the consignment or a part thereof delivered to Finland.

Food products included in the scope of the special guarantees concerning salmonella:

• • Meat from bovine and porcine animals, including minced meat: Norway, Sweden
  • Meat from poultry (chicken, turkey, guinea fowl, duck and goose), including minced meat and broiler meat: Norway, Sweden
  • Broiler/chicken (Gallus gallus) meat, including minced meat: Denmark, Iceland
  • Turkey meat, including minced meat: Iceland
  • Chicken eggs: Norway, Sweden, Denmark, Iceland

• If the product originates from a Member State that has been granted special guarantees concerning salmonella for that product, but the product is only transported to Finland via a country that does not have special guarantees concerning salmonella (e.g. Estonia).

If the product is processed or repackaged in the abovementioned country so that the product’s identification/health marking changes, the documentation requirements of Regulation (EC) No 1688/2005 must be met for the product to be delivered to Finland.

• If the product originates from Finland and is stored in a country for which special guarantees concerning salmonella have not been granted (e.g. Estonia) and the product is not processed in the abovementioned country (the identification/health marking does not change). The product is sent back to Finland after storage.     

5 Meat documentation requirements of Regulation (EC) No 1688/2005

Consignments of raw or minced meat from bovine and porcine animals and poultry (chicken, turkey, guinea fowl, duck and goose) destined for Finland must be accompanied by the commercial document and laboratory test certificate (for salmonella) required by the Regulation on special guarantees (EC) No 1688/2005. The commercial document must comply with Annex IV to the Regulation on special guarantees or another document template containing equivalent information must be used. It should be noted that according to the definition in point 1 of Annex I to Regulation (EC) No 853/2004, offal and blood are considered meat and the special guarantees concerning salmonella therefore also apply to these products. The commercial document must be signed by the consignor. It must be possible to link the documents required by the abovementioned Regulation with each other and with the food product in question.

Documents submitted to the operator in electronic format may also be accepted, provided that the operator will not make use of the meat in question or forward the consignment of meat before the documents have been received and reviewed.

Salmonella samples must be taken from meat imported to Finland under the Regulation on special guarantees in the dispatching establishment or food premises (e.g. a wholesaler). The result of the salmonella analysis must be negative. A sample must be taken from each consignment to be delivered to Finland.  

If the first consignee after the EU border inspection is in Finland (according to the CVED),
the consignment is not considered an intra-Community trade item but a product imported from a third country regardless of the country where the border inspection was performed.

An example: A consignment of meat is sent from Brazil to Finland. The consignment undergoes a veterinary border inspection in Rotterdam in the Netherlands and the first receiving company after the customs control is in Finland. Such import does not constitute intra-Community trade if the entire consignment is delivered to Finland after the border inspection.

If the consignment is split after the EU border inspection and only part of the consignment is sent to Finland, it is a question of intra-Community trade.

An example: If the consignment is split in Rotterdam, the consignments will become intra-Community trade and each partial consignment must be accompanied by its own commercial documents in accordance with the Regulation on special guarantees and the consignments bound for Finland must be tested for salmonella in a European dispatching establishment or food premises (e.g. a wholesaler).

The special guarantee documents (the commercial document and the salmonella certificate) must be drawn up in the same EU Member State.

An example: If a whole consignment is shipped undivided from Austria via Germany to Finland so that it is only stored (not processed) in Germany, the commercial document can be drawn up and the salmonella testing performed either in Austria or Germany. If the consignment is divided into smaller parts in Germany and only some of these are sent to Finland, salmonella testing must be carried out and the commercial document must be prepared in Germany and must relate to the consignment bound for Finland.

5.1 Meat intended for heating

Meat intended for heating may only be processed in a meat preparation establishment and must undergo a heat treatment (pasteurisation, sterilisation) or a treatment having an equivalent effect. Consignments of meat imported for the manufacture of products by heating must be accompanied by a commercial document in accordance with Regulation (EC) No 1688/2005 (meat from bovine and porcine animals), in which the intended use of the meat, heating, is indicated under Section 6. The packages in the consignment need not be labelled with the intended use, but if the consignment or a part thereof is forwarded from the receiving establishment to another establishment, the wrapping of the product or the pallet must be labelled to indicate that the meat is intended to be heated.

Meat from bovine or porcine animals to be heated need not be tested for salmonella by the dispatching establishment or the wholesaler, or by any other party.

Please note: Raw poultry meat (chicken, turkey, guinea fowl, duck and goose) and raw minced meat made from such meat intended for heating must not enter an establishment without a salmonella certificate, but a salmonella certificate is always required for poultry meat.

Operators must also ensure during their own-checks that meat intended for heating is kept separate from other food products.

If an operator has analysed meat from bovine and porcine animals shipped for heat treatment at the establishment (without a salmonella certificate) and salmonella has been detected, the meat can be sent for heat treatment.

Please note: If salmonella is detected during control measures performed by the authorities or own-check sampling in meat that has been imported with a salmonella certificate, the meat must not be sent for heat treatment by an establishment.

6 Chicken egg documentation requirements of Regulation (EC) No 1688/2005

Consignments of raw chicken eggs bound for Finland must be accompanied by a TRACES health certificate for intra-Community trade ([EC] No 1688/2005, Annex V, Part I and Part II).

It must be possible to link the TRACES certificate with the egg consignment. The consignment must be accompanied by a TRACES certificate printed from the TRACES system. The TRACES certificate is approved by the authority of the country of dispatch. The eggs must come from a flock that has been tested for salmonella with negative results (Annex V, Part II).

6.1 Chicken eggs intended for heating

Raw eggs imported for the manufacture of products to be heated in an establishment manufacturing egg products must be accompanied by an intra-Community trade certificate in accordance with Regulation (EC) No 1688/2005 (Annex V, Parts I and II). However, if the eggs are to be used in a process that ensures the elimination of salmonella, testing the flock of origin is not necessary. The use by heating must be indicated on the TRACES certificate (Annex V, Part II). The packages in the consignment need not be labelled with the intended use, but if the consignment or a part thereof is forwarded from the receiving establishment to another establishment, the wrapping of the product must be labelled to indicate that the eggs are intended to be heated at the establishment.

Operators must also ensure during their own-checks that eggs intended for heating are kept separate from other food products.

If salmonella is detected in eggs shipped for heat treatment at the establishment, the eggs can be sent for heat treatment at the establishment.

7 Salmonella tests

7.1 Salmonella tests in the country of dispatch

Rules on the sampling of meat from bovine and porcine animals and poultry, including minced meat, in the country of dispatch are set out in Parts A and B of Annexes I and II to Regulation (EC) No 1688/2005. The samples must be taken from the consignment bound for Finland. The commercial document (Annex IV) must be signed by the supplier of the consignment in the country of dispatch.

Rules on the sampling of the flocks of origin of eggs are set out in Article 4 of Regulation (EC) No 1688/2005. The intra-Community trade certificate (Annex V) must be signed by the authority of the country of dispatch.

Microbiological methods for the examination of samples taken in the country of dispatch are set out in Article 5 of Regulation (EC) No 1688/2005.

Standard methods, EN ISO 6579 or NMKL No 71, as well as alternative methods validated according to the latest version of EN ISO 16140-2 may be used. Certified alternative methods suitable for the examinations are available on the website of the following certification bodies:

AFNOR https://nf-validation.afnor.org/en/food-industry/

Nordval https://www.nmkl.org/nordval-international/issued-certificates/

Microval https://microval.org/en/issued-certificates/

If an alternative method has been certified by one of the certification bodies listed above, the method is suitable for the examination of salmonella samples taken in the country of dispatch.

The salmonella tests required by the Regulation cannot be replaced by examinations by the authorities or own-checks carried out in Finland.

7.2 Sampling and salmonella testing during own-checks

In accordance with section 15, subsection 2 of the Food Act, own-checks of food products within the scope of the special guarantees concerning salmonella must include a salmonella sampling and testing scheme concerning these foods. However, sampling for salmonella during own-checks does not apply to consignments of meat to a meat establishment intended for heating.

If meat is imported into Finland via a Member State that has a salmonella control programme equivalent to that of Finland, the Member State (such as Sweden) will review the documentation on the special guarantees concerning salmonella.  Such food products covered by the special guarantees that are forwarded to Finland are also covered by this own-check sampling. This is because Swedish legislation does not oblige importers to take own-check samples from food products covered by the special guarantees that they receive.

More detailed guidance on the own-check sampling and testing of food products covered by the special guarantees concerning salmonella is given in Annex 6 and Sections 4.2 and 10.1 of the Finnish Food Authority’s instructions 4095/04.02.00.01/2020/5, Elintarvikkeiden mikrobiologiset vaatimukset (“Microbiological requirements for food products”). It is recommended that own-check samples covering 5–10% of all consignments are taken from consignments covered by the special guarantees concerning salmonella. It is therefore not necessary to take an own-check sample for salmonella testing from every consignment. The sampling must cover all food products covered by the special guarantees concerning salmonella. Each sample consists of five sub-samples. The sampling should cover the consignment to such an extent that sub-samples are taken from as many packages/boxes of the lot as possible. As consignment sizes may vary a great deal, it is possible to take into account the size of the consignments in the sampling and testing plan. If an operator often receives small batches of meat, the number of batches may be high in relation to the amount of meat received. In such a case, the size of the batches can be taken into account by sampling 5% of the batches. On the other hand, if an operator receives large quantities of meat less frequently, 10% of the consignments should be examined.

The implementation of own-checks covering salmonella are assessed through Oiva inspections, and the assessment affects the Oiva result (Oiva rows 12.6 and 17.1).

Operator instructions Elintarvikkeiden mikrobiologiset vaatimukset (“Microbiological requirements for food products”): https://www.ruokavirasto.fi/elintarvikkeet/elintarvikeala/ohjeet/#mikrobiologinen-naytteenotto

7.3 Sampling by the authorities during Oiva inspections

The sampling is targeted at food products covered by the Regulation on special guarantees that should have been tested for salmonella in the country of dispatch.

The authorities may take samples in the following cases, for example:

• Own-checks are non-functional
• The plan on own-checks is not sufficiently credible
• Not enough own-check samples for salmonella testing have been taken
• Salmonella has often been detected during own-check tests
• There are many ambiguities regarding the documentation required by Regulation (EC) No 1688/2005

Sampling is carried out in accordance with the Finnish Food Authority’s instructions Elintarvikkeiden mikrobio-

logiset analyysit – Ohje valvontaviranomaisille (“Microbiological analyses of food products – Instructions for control authorities”).  The samples will be tested for salmonella. Each sample consists of five sub-samples.

The authorities may also take samples from food products consisting of offal and blood, as they are considered to be meat according to the definition of meat in Annex I of Regulation (EC) No 853/2004.

Elintarvikkeiden mikrobiologiset analyysit - Ohje valvontaviranomaisille (“Microbiological analyses of food products – Instructions for control authorities") https://www.ruokavirasto.fi/elintarvikkeet/elintarvikeala/ohjeet/#mikrobiologinen-naytteenotto

7.4 Salmonella testing of a sample taken by an authority

The control authority will send the sample taken during an Oiva inspection to a laboratory approved by the Finnish Food Authority, which will carry out salmonella testing using an accredited method. See the Finnish Food Authority’s instructions Elintarvikkeiden mikrobiologiset analyysit - Ohje valvontaviranomaisille (“Microbiological analyses of food products – Instructions for control authorities”).

The result of the salmonella test is final once the bacterial strain isolated from the sample has been confirmed as salmonella by the Finnish Food Authority’s laboratory. A test result obtained using the PCR method or any other result obtained by a local laboratory is a preliminary result, which must be taken into account in decision-making.

Elintarvikkeiden mikrobiologiset analyysit - Ohje valvontaviranomaisille (“Microbiological analyses of food products – Instructions for control authorities”) https://www.ruokavirasto.fi/elintarvikkeet/elintarvikeala/ohjeet/#mikrobiologinen-naytteenotto

8 Additional information concerning the documentation under Regulation (EC) No 1688/2005

• The commercial document/intra-Community trade certificate must be in Finnish, Swedish or English. It may also be in another EU language if accompanied by an official translation. A translation into English is also acceptable.

• The Regulation does not set out any language requirements for the statement from the laboratory concerning salmonella analyses (Annex IV, point 6). However, the operator must be able to understand the content of the certificate. Alternatively, the operator may have the certificate translated. The control authority must also be able to understand the content of the certificate or be able to satisfy itself of the compliance of the certificate.

• Reliably linking the documents required by the Regulation with the food product and also with the salmonella test certificate must be possible where a test certificate is required.

• Factors that can be used to link documents with food products include reference numbers, batch numbers, dates, product names and weights. Consignment notes, dispatch notes and invoices may also be used to link documents with food products, if necessary.

• The reference number of the commercial document is a reference number assigned by the responsible person of the signing consignor that allows linking of the commercial document, the salmonella test certificate and the consignment.

• The original copy of the commercial document must be sent to the importer, who must retain it as follows:

For registered food businesses, the operator must retain food traceability records for at least one year from the date of dispatch or the receipt of the food products (Decree 318/2021 of the Ministry of Agriculture and Forestry on food hygiene, section 22).

For approved food premises, the operator must retain food traceability records for at least two years from the expiry date or best before date of the food products (Decree 318/2021 of the Ministry of Agriculture and Forestry on food hygiene, section 36).

• The commercial document is also considered to include the laboratory test certificate.

• The information in Section 1 of the commercial document must include, where appropriate, the approval number of the dispatching establishment. If the product is sent from food premises for which an approval is not required (e.g. a wholesaler), the approval number cannot be required.

• Section 2 of the commercial document must clearly state the details of the consignee; the approval number of the destination establishment is not necessary.

• Unnecessary options must be crossed out from Section 6 of the commercial document. The first option requires the consignor to also provide a laboratory test certificate.

• If the required salmonella tests have not been performed in the country of dispatch, they cannot be replaced by samples taken by the authorities or during own-checks in Finland.

• The commercial document required by the Regulation and the salmonella test certificates for meat may also be submitted in electronic format.

• A TRACES certificate to accompany an egg consignment must be printed from the TRACES system.

• Only when the documents required by the Regulation are available to the importer and the importer has verified that they are compliant with the requirements may the importer use the food product, distribute it or forward it to another operator.

9 Measures when the requirements of Regulation (EC) No 1688/2005 are not met

A food product does not comply with the requirements of Regulation (EC) No 1688/2005 in the following cases, for example:

• The salmonella test certificate required by Regulation (EC) No 1688/2005 is missing.

• The commercial document/intra-Community trade certificate required by Regulation (EC) No 1688/2005 is missing.

• The documents required by Regulation (EC) No 1688/2005 and the food product cannot be linked with each other.

• The salmonella testing required by Regulation (EC) No 1688/2005 has not been performed in the country of dispatch on a consignment destined for Finland.

• Salmonella is detected by the authorities or during own-checks in a food product that has been imported with a salmonella certificate.

9.1 Own-check measures

The operator must have a plan for own-checks to confirm compliance with the special guarantees concerning salmonella. The plan must indicate the measures that will be taken when irregularities regarding compliance with the special guarantees concerning salmonella are detected during own-checks.

The importer must not use the consignment or forward it until it has verified that the documents comply with the requirements of Regulation (EC) No 1688/2005 and that the documents and the consignment can be linked.

If the food product does not comply with the requirements of Regulation (EC) No 1688/2005, it may be returned to the country of dispatch, destroyed in Finland or used in Finland for non-food purposes. The operator may choose which measures to take, unless there are health-related or other legal restrictions on measures.

If salmonella is detected in meat that has been imported with a salmonella certificate, the meat must not be sent for heat treatment by an establishment. Such meat must be returned, destroyed or used for non-food purposes. Such meat must be withdrawn from the market and recalled from consumers.

If salmonella is detected during own-checks in meat that has been imported with a salmonella certificate, products made from that meat must be withdrawn from production and the market, and recalled from consumers. Such products must be returned, destroyed or used for non-food purposes. However, if the product has been heated or undergone other treatment that destroys salmonella, there is no need to recall it from consumers.

If salmonella is detected in one batch of a consignment of meat, the own-check measures apply to the whole consignment, provided that the consignment was imported with the same commercial document. (Regulation (EY) No 1688/2005, Annex IV).

The operator must contact the food control unit in whose territory the operator operates to report the salmonella finding. The Finnish Food Authority can issue a RASFF notification regarding the finding.

Returning, destroying or using a product for non-food purposes

Returning

An operator may return a food product that does not comply with the requirements of Regulation (EC) No 1688/2005 to the supplier if the supplier agrees to accept it.

If salmonella was detected during own-check measures, the operator must notify the local control authority of the salmonella finding and the resulting return of the consignment to the country of dispatch, and the authority will inform the Finnish Food Authority at ensisaapumisvalvonta@ruokavirasto.fi.

Destruction

If the food supplier in the country of dispatch does not accept the food product, the operator can destroy the food product in Finland or use it for non-food purposes. See Section 9.3.

Use for non-food purposes

The operator has the opportunity to investigate whether the food product could be used for non-food purposes such as animal feed. See Section 9.4.

9.2 Measures taken by the authorities

If an authority/controller notices that a food product does not comply with the requirements of Regulation (EC) No 1688/2005, the authority may order the food to be returned to the country of dispatch, to be destroyed in Finland or to be used in Finland for non-food purposes. The operator may choose which measures to take, unless there are health-related or other legal restrictions on measures. If a decision to return the food product to the country of dispatch is made, the operator must investigate whether the supplier will accept the product. If necessary, the operator must be instructed to perform a recall (see Section 9.1). Underlying reasons for the above measures include the detection of salmonella in a product that was imported with a salmonella certificate and deficiencies in the commercial document required by the Regulation or in the salmonella certificate.

If salmonella is detected in one batch of a consignment of meat, the measures apply to the whole consignment, provided that the consignment was imported with the same commercial document. (Regulation (EY) No 1688/2005, Annex IV).

If the food product is returned to the country of dispatch, destroyed or used for non-food purposes, the control authority/controller should inform the Finnish Food Authority of the reason for the non-compliance and the measures taken so that the Finnish Food Authority can issue an AAC or RASFF notification. The controller should also report recurring problems to the Finnish Food Authority.

The controller must request written confirmation from the operator that the food product has been returned to the country of dispatch, destroyed or used for non-food purposes.

If salmonella is detected during inspections by the authorities in meat that has been imported with a salmonella certificate, products made from that meat must be withdrawn from production and the market, and recalled from consumers. Such products must be returned, destroyed or used for non-food purposes. However, if the product has been heated or undergone other treatment that destroys salmonella, there is no need to recall it from consumers.

9.3 Disposal of foodstuffs

Foodstuffs of animal origin which are not fit for human consumption are usually Category 2 material within the meaning of Article 9 of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council (by-product regulation) (point (e) (ii)), for example for the following reasons:

• Salmonella diagnosed in connection with the own-check or official supervision.
• There are no documents on salmonella in accordance with Regulation (EC) No. 1688/2005.

Food of animal origin not fit for human consumption may, in rare cases, be considered as Category 3 material within the meaning of Article 10 of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council if

• According to the supervisor's evaluation, the food is in good condition, but the packaging or documentation contains a minor deficiency which, however, does not constitute a risk to human or animal health.

The aforementioned material may be disposed of as waste by incineration (Articles 12 to 14). Before delivering the waste, it must be checked with the combustion plant whether the plant will accept the product in question. Packaged foods can be disposed of at least in Fortum Waste Solutions at Riihimäki. You can also ask Honkajoki Oy about the possibility of disposal. Biodegradable material cannot, as a rule, be delivered to a landfill.

The operator must use documents to prove to the supervisor that the food has been disposed of.

Further information can be obtained from the Finnish Food Authority's by-product control.

9.4 Use of food for purposes other than food

If a product is found to be unfit for human consumption, it may be used for purposes other than food under section 59 of the Food Act 297/2021.

The operator may propose to the supervisory authority what other uses they would be interested in investigating. The other uses of these foods are approved by the supervisory authority. Category 2 and 3 material may be offered, for example, for fur animal feed processing plants as raw material. Category 3 material may also be offered to establishments producing pet food. When considering feed use, please contact the feed division of the Finnish Food Authority. Category 3 material can be delivered as such to a biogas or composting plant, but this must always be confirmed with the Finnish Food Authority's fertiliser division.

10 Instructions to the authorities for the use of administrative coercive measures

Instructions on administrative coercive measures have been provided comprehensively in the Finnish Food Authority's instructions 100011 (Guide on the use of administrative coercive measures in food control under the Food Act), which is available on the Finnish Food Authority's website: https://www.ruokavirasto.fi/elintarvikkeet/elintarvikeala/ohjeet/#viranomaisvalvonta

Instruction 10110 of the Finnish Food Authority concerning a decision on the use of administrative coercive measures under the Food Act and form 10110 of the Finnish Food Authority, which contains the template for the decision on coercive measures, are supplementing the instructions 100011. These are available in Pikantti, which is available to the authorities:  Ruokavirasto/Pikantti/ELIYHT/Malliasiakirjat

11 AAC and RASFF notifications and recall in Finland

11.1 AAC declaration

The Administrative Assistance and Cooperation System (AAC) notification will be issued by the Finnish Food Authority when it cannot be demonstrated that the product poses a health risk, but it is considered necessary to inform the authorities of the country of dispatch or other relevant countries of something else (e.g. an irregularity or shortcoming). An AAC notification is also made when more information is needed in Finland to investigate the matter or to support decision-making by the food control authorities of another Member State. The AAC notification may be made more freely than a RASFF notification, but images or documents should be attached to the notification to indicate, where appropriate, which operator is concerned. Inquiries and documents are sent to rasff@ruokavirasto.fi.

AAC notifications related to the special salmonella guarantee claims also request that information be sent to ensisaapumisvalvonta@ruokavirasto.fi.

The requirements for administrative assistance and exchange of information between Member States are described in the Control Regulation (EU) 2017/625, Articles 102–108, which describe the principles of both the RASFF system and the AAC system.

11.2 RASFF notification

RASFF (Rapid Alert System for Food and Feed) is a system maintained by the European Union. The Finnish Food Authority serves as its contact point in Finland. It is the responsibility of the Food Authority to report to the European Commission's contact point (ECCP) and to other Member States when food, food contact material or feed transported from one country to another is detected on the market and there is or there may be a health hazard to humans or production animals or a serious environmental hazard. In order to submit a RASFF notification, the Finnish Food Authority needs the following information from the supervisor or directly from the operator:

• Laboratory analysis certificate indicating product error,
• for example, the invoice, packing slip, order confirmation showing the product title and quantity of the product in question, the operator who sent the consignment to Finland and the recipient in Finland
• Pictures of packaging and labels are not necessary, but they are desirable and help to draft the notification

Inquiries and documents concerning the RASFF notification are sent to the Finnish Food Authority by e-mail at rasff@ruokavirasto.fi.

RASFF notifications related to the special salmonella guarantee claims also request that information be sent to ensisaapumisvalvonta@ruokavirasto.fi.

11.3 Recall in Finland

If the food does not meet the requirements set out in this instruction or other legislative requirements and it has already been sent from the operator to another operator or consumer, the product concerned must be recalled by the first mentioned operator. The recall form will be sent to takaisinvedot@ruokavirasto.fi.

More detailed information on the food recall notification is available in the Finnish Food Authority's instructions 17053/1. https://www.ruokavirasto.fi/en/foodstuffs/food-sector/poikkeustilanteet/guidelines-on-withdrawal-of-products/

12 Finnish Food Authority contact details

Contacts related to this instruction are requested to be sent by e-mail to ensisaapumisvalvonta@ruokavirasto.fi.

13 Updating the guide

The Finnish Food Authority will update this guide whenever necessary. Supervisors will be notified in Pikantti when the instructions have been updated. The instructions are published both on the Pikantti extranet and on the Finnish Food Authority's external website.

14 Useful links

Oiva evaluation instructions in Pikantti (available to supervisors):                           https://pikantti.ruokavirasto.fi/display/OIVA/Ohjeet

Oiva evaluation instructions on the Finnish Food Authority's website: https://www.oivahymy.fi/yrityksille/tarkastusohjeet/

Microbiological requirements for foodstuffs – instructions for food business operators: https://www.ruokavirasto.fi/elintarvikkeet/elintarvikeala/ohjeet/#mikrobiologinen-naytteenotto

Internal trade imports in Pikantti (available to supervisors):                           https://pikantti.ruokavirasto.fi/pages/viewpage.action?pageId=3117134

Internal trade imports (foodstuffs of animal origin) on the Finnish Food Authority's website: https://www.ruokavirasto.fi/en/themes/import-and-export/eu-countries-norway-and-switzerland/food/

Lists of approved establishments in the EU and third countries:  https://ec.europa.eu/food/safety/biosafety/food_hygiene/eu_food_establishments_en

https://ec.europa.eu/food/safety/international_affairs/trade/non-eu-countries_en

Distance selling: https://www.ruokavirasto.fi/en/foodstuffs/food-sector/product-and-industry-specific-requirements/myynti/sale-of-food-online/

TRACES system: https://www.ruokavirasto.fi/en/themes/import-and-export/traces/

Finlex: https://www.finlex.fi/fi/

EUR-Lex: https://eur-lex.europa.eu

15 Change history