Germ reduction eliminates microbiological risks
Industrial purchasing of herbs and spices takes place on an international level. Raw material growers in the various countries of origin do not have comparable hygiene standards. This means that European processors assume a high level of responsibility for the safety of products put on the market. A single instance of salmonella can have major consequences for the companies implicated, because the authorities, in accordance with food safety laws, operate on the presumption that the whole batch is contaminated and usually order it to be recalled. In many cases, this is disproportionate and impractical.
Major responsibility for spice processors
Herbs and spices are essential ingredients for preparing delicious meals at home, in mass catering and the restaurant industry, and for the industrial production of various foodstuffs. The trend for consuming less salt and the internationalization of food preferences have increased demand for herbs and spices in Europe. The raw materials used in spice manufacturing range from aniseed to fennel to turmeric, and every other letter of the alphabet. They come from countries the world over, in which spice plants and herbs are cultivated, harvested and dried.
There are no uniform hygiene standards across these different producer countries, and there is even variation within one place. This means that processors in Europe assume a high level of responsibility when it comes to the microbiological quality assurance of the raw materials used, because according to Article 14 (1) of the EU’s General Food Law [Regulation (EC) 178/2002], only safe foodstuffs may be put on the market. This challenge can only be overcome by means of a microbiological risk analysis. Responsible manufacturers operate according to a HACCP (Hazard Analysis and Critical Control Points) system and are certified to a food safety standard recognized by the Global Food Safety Initiative (GFSI).
Protect against contamination with GMP and GHP
Salmonellae are pathogenic microorganisms belonging to the enterobacteria group and their presence indicates hygiene deficiencies. Suitable protective measures to prevent salmonella contamination must be implemented at all levels of production and processing. Thus, good manufacturing practices (GMP) combined with good hygiene practices (GHP) are the basis for ensuring food production is free from microbiological contamination. It is not always possible to guarantee the desired sanitation conditions in an international supply chain, which means that herbs and spices may potentially be contaminated with salmonella at the raw material stage.
Ultimately, it is possible for any agricultural product to be contaminated with salmonella, but the likelihood of this varies hugely from product to product. All quality control measures in the herb and spice industry aim to manage the risks associated with the raw materials in order to produce safe food products. Depending on the risk level, processors must determine how to appropriately handle the sampling (number of samples per batch, FOSTER plan in some cases: 60 samples) [Pichhardt, K.: Lebensmittelmikrobiologie, Grundlagen für die Praxis, Springer, 1998, 252 et seq.] and the amount of the laboratory sample (25g, 125g to 375g, 1500g) to analyze all raw materials for the purposes of managing microbiological risks.
Microbial reduction through natural steam treatment
Spice specialists understand the dangers of imported products and establish categories of risk. Raw materials with a high risk of salmonella (e.g. black pepper, cumin, ginger, coriander and Mediterranean herbs) test positive in over ten percent of all batches tested and systematically undergo a natural germ-reduction process using steam, either in a batch-based or continuous system. Even in the safest categories, in which less than 2 percent of all batches test positive, it is occasionally necessary to intervene and sterilize after a positive result.
Thousands of raw material findings are re-evaluated every year and the sampling plans and tests are adapted to any identified changes in risk. The product’s intended use is also taken into account when assessing the risk. Products for direct consumption are evaluated more strictly than ones for use in products that are heat-treated during processing (e.g. parboiled sausage manufacturing). The presumption that a batch is homogenous according to all parameters does not apply to situations in which there is spot contamination of a specific point in the batch, as is often the case with salmonella contamination. Even if a spice is extensively pre-tested based on the risk category, a random sample at a later date may give a positive result, causing the batch to be rejected by the authorities.
Accidental and systematic salmonella contamination
A sample that tests positive for salmonella is an indication that the sample is unsafe pursuant to the General Food Law because salmonellae are capable of harming consumers’ health. This means there is a possible health hazard and as such the foodstuff is initially presumed to be unsafe in accordance with Article 14 (2) a). Paragraph 6 states: ‘Where any food which is unsafe is part of a batch, lot or consignment of food of the same class or description, it shall be presumed that all the food in that batch, lot or consignment is also unsafe, unless following a detailed assessment there is no evidence that the rest of the batch, lot or consignment is unsafe.’
In practice, experience has shown that salmonella contamination may be accidental or systematic and that it varies considerably:
- Accidental contamination as a result of a random, one-off instance of contaminated goods, e.g. in the field or when air-drying (‘needle in a haystack’).
- Systematic contamination through e.g. contaminated process water, use of organic fertilizers containing salmonella.
If systematic contamination is occurring, this likely means that the contamination is extensive. Subsequent tests will also confirm that first positive result with additional positive findings. It is highly likely that the spice refiner will identify systematic contamination by analyzing incoming raw materials and subjecting the batch to germ-reduction measures. In practice, however, accidental contamination (spot contamination) cannot be identified with complete certainty via incoming material analysis, even with functioning risk-management processes in place. This means that a product may be approved because no positive result is measured despite an adequate sample distribution and sample size, although ‘salmonella’ is present in the batch.
Authorities prevent testing to clear rejected batches
Informing the authorities of a positive salmonella test in a batch as a result of being notified by a laboratory pursuant to Section 44 (4a) of the German Food and Feed Code [LFGB] (official sampling) triggers a presumption by the authorities that the entire batch is contaminated, followed by a ban on trading and a recall of the affected batch, as well as any batches of goods processed from the aforementioned batch. If this presumption can be counteracted by a sufficiently high, statistically verified number of negative test results (e.g. PCR screening on a large number of samples, depending on the batch size), the presumption that the whole batch is contaminated should be discarded and the (remaining) batch should be tested in order to be cleared for sale. The authorities do not permit this in the vast majority of cases, thereby taking away the option for producers to test the rejected batch in order to clear it for sale, as allowed for in Article 14 (6) of the General Food Law.
It would be preferable if the authorities would give appropriate consideration to the risk management systems of the producers and the tests they have completed. It should not be the rule that entire batches are presumed to be contaminated and are recalled along with any products processed from them on the basis of a single positive result from a salmonella analysis of a 25g sample.
Need for guidance
Perhaps there is a need for guidance on how to deal with food containing salmonella, as already exists in the feed sector. The guidance for authorities engaged in official feed monitoring, adopted on November 3, 2021, was drawn up by the ‘Salmonella, Feed Microbiology’ project group of the State Office for Consumer Protection (LAV) working group on feed (AFU). It states: ‘It is the decision and responsibility of the feed distributor to provide evidence that, beyond a certain part of the batch, lot or delivery, a part or parts are not contaminated with salmonella.’ In addition, the guidance also refers to the explanatory comments in Zipfel/Rathke, Lebensmittelrecht (Food Law), remarks on Articles 14 and 15 of Regulation (EC) 178/2002.
It is proven in accordance with both the legal wording and the literature relating to food law that the presumption that an entire batch is contaminated can be refuted based on a sufficient number of additional tests. Those responsible for food products in the herb and spice industry should not have any hurdles placed in their way as a result of this.
