THIS REPORT CONTAINS ASSESSMENTS OF COMMODITY AND TRADE ISSUES MADE BY USDA STAFF AND NOT NECESSARILY STATEMENTS OF OFFICIAL U.S. GOVERNMENT POLICY Voluntary - Public Date: 07.05.2013 GAIN Report Number: RS1328 Russian Federation Post: Moscow Draft Amendments to CU Technical Regulation on Food Safety Report Categories: Sanitary/Phytosanitary/Food Safety FAIRS Subject Report Policy and Program Announcements Approved By: Christopher Riker Prepared By: Staff Report Highlights: The Eurasian Economic Commission (EEC), which is the regulatory body of the Russia-Kazakhstan- Belarus Customs Union (CU), published draft amendments to the Technical Regulation of the Customs Union “On Food Safety” on its website. There is a public comment period, starting April 29, 2013, and ending June 30, 2013. Interested U.S. parties are encouraged to share their comments and concerns with USDA’s enquiry point (IRSD@fas.usda.gov). As of the date of publication of this report, FAS/Moscow does not believe this measure has been notified to the World Trade Organization. General Information On April 29, 2013, the Eurasian Economic Commission (EEC), which is the regulatory body of the Russia-Kazakhstan-Belarus Customs Union (CU), published the following draft document on its website: - Draft Amendments to the Technical Regulation of the Customs Union "On Food Safety" (TR TS 021/2011) An unofficial English translation of the above-referenced draft amendments can be found below. There is a public comment period, starting April 29, 2013, and ending June 30, 2013. Interested U.S. parties are encouraged to share their comments and concerns with USDA’s enquiry point (IRSD@fas.usda.gov). USDA, in turn, will share collected comments/concerns with the Eurasian Economic Commission. As of the date of publication of this report, FAS/Moscow does not believe this measure has been notified to the World Trade Organization. For translation of the original CU Technical Regulation “On Food Safety” please see RS1233 Customs Union Technical Regulation on Food Safety. BEGIN UNOFFICIAL TRANSLATION: Draft ATTACHMENT to Decision of the Council of the Eurasian Economic Commission No. ______of “____” __________ 2013 A M E N D M E N T S to the Technical Regulation of the Customs Union “On Food Safety” (TR TS 021/2011) 1. In sub-items 9, 10, and 11 of item 8, article 8, as well as in sub-items 6, 7, and 8 of item 9, article 8 the word “above” shall be replaced with “more than.” 2. In item d) of article 32 the words “(non-finfish)” shall be deleted. 3. In sub-item 1 of item 2, article 36, the words “Article 35” shall be replaced with “Article 33.” 4. In item 3 of article 36 the words “Article 33” shall be replaced with “Article 35.” 5. In the first paragraph of article 39 “(or)” shall be deleted. 6. The title of item 1.3 in Table 1 of Annex No. 2 to the Technical Regulation shall read as follows: “Flour-and-Cereals and Bakery Products.” 7. The title of item 1.6 in Table 1 of Annex No. 2 to the Technical Regulation shall read as follows: “Fatty Products.” 8. Item 1.10 in Table 1 of Annex No. 2 to the Technical Regulation shall be deleted. 9. Item 1.13 in Table 1 of Annex No. 2 to the Technical Regulation shall be deleted. 10. Item 4 of Annex No. 3 to the Technical Regulation shall read as follows: “4. Flour and cereals and bakery products Indicators Allowable levels, Notes mg/kg, not above Toxic elements lead 0.5 Products of processing of cereals and leguminous crops, except for food offal, bread and bakery products 1 Food offal (wheat, rye) 0.35 Bread, bakery products and bun products arsenic 0.2 Products of processing of cereals, except for leguminous crops, bread and bakery products 0.3 Products of processing of leguminous crops 0.15 Bread, bakery products and bun products cadmium 0.1 Products of processing of cereals and leguminous crops,except for bread and bakery products 0.07 Bread, bakery products and bun products mercury 0.03 Grit, oatmeal, flakes, four, food offal 0.02 Macaroni products, bublik, dry bread crumbs’ products, straw etc. 0.015 Bread, bakery products and bun products Mycotoxins aflatoxin В1 0.005 Products of processing of cereals and leguminous crops desoxynivalenol 0.7 Products of processing of wheat 1 Products of processing of barley Т-2 toxin 0.1 Products of processing of cereals zearalenone 1 Food offal (wheat, barley, maize) 0.2 Products of processing of cereals (wheat, barley, maize) ochratoxin А 0.005 Products of processing of cereals - wheat, barley, rye, oats, rice Nitrosamines (the sum of NDAMA and 0.015 Brewer's malt NDEA) Pesticides - HCH (alpha, beta, gamma-isomers) 0.5 Products of processing of cereals and leguminous crops - DDT and its metabolites 0.02 Products of processing of cereals 0.05 Products of processing of leguminous crops - 2,4-D acid, its salts and esters not allowed Products of processing of cereals and leguminous crops - hexachlorbenzene 0.01 Products of processing of wheat - mercury organic pesticides not allowed Products of processing of cereals and leguminous crops Oligo-sugars, %, not above 2 Food offal (for soybean protein products) for dietary and baby nutrition. Trypsin inhibitor, %, not above 0.5 Food offal (for soybean protein products) for dietary and baby nutrition Infestation with the pests of bread stocks not allowed Grit, oat meal, flakes, flour from food grain of (insects, mites) cereals. Indicators Allowable levels, Notes mg/kg, not above Food offal (wheat, rye) Infestation with the pests of bread stocks (insects, mites), total infestation density not allowed Grit, oat meal, flakes, flour from food grain of cereals. Food offal (wheat, rye) Infestation with "potato” disease agents not allowed For wheat flour used for baking bread of white grades; in 36 hours after a trial laboratory baking 11. Item 6 of Annex No. 3 to the Technical Regulation shall be supplemented with a line: - for indicator “Pesticides” HCH (alpha, beta, gamma-isomers) as follows: 0.2 Tea (black, green, brick) - for indicator “Pesticides” DDT and its metabolites as follows: 0.2 Tea (black, green, brick) 12. Item 7 of Annex No. 3 to the Technical Regulation shall read as follows: “7. Oil and Fat Products and Fat Products” 13. In Item 7 of Annex No. 3 to the Technical Regulation the following shall be deleted: - the words “seeds of soybean, cotton” in column “Notes” of the line with the indicator “HCH (alpha, beta, gamma-isomers)” - in section “Pesticides” of the line with the indicator “HCH (alpha, beta, gamma-isomers)” 0.4 Seeds of flax, mustard, rape 0.5 Seeds of sunflower, peanut, maize - in section “Pesticides” of the line with the indicator “DDT and its metabolites” 0.1 Seeds of flax, mustard, rape 0.15 Seeds of sunflower, peanut 14. Section “Toxic elements” in item 9 of Annex No. 3 to the Technical Regulation shall be supplemented with the following line: Chrome 10 Gelatine, concentrates of connective tissue proteins 15. In item 1 of Section “Appendices for all sections” of Annex No. 3 to the Technical Regulation: - the word “Antibiotics” shall be supplemented with a footnote <*> as follows: “It is also necessary to control residues of the antibiotics, which were used during production of food raw materials of animal origin.” - the word “laevomycetin” shall be supplemented with “(chloramphenicol),” - the allowable level of laevomycetin (chloramphenicol) “not allowed (<0.01 mg/kg) shall read as follows: “not allowed (<0.0003 mg/kg.) 16. Item 2 of Section “Appendices for all sections” of Annex No. 3 to the Technical Regulation shall be supplemented with the following words: “Maximum level does not refer to products containing less than 1% of fat.” 17. In sub-section “Baby food products” of Section “Appendices for all sections” of Annex No. 3 to the Technical Regulation: - the word “laevomycetin” shall be supplemented with “(chloramphenicol),” - the allowable level of laevomycetin for all listed groups of baby food products shall read as follows: “not allowed (<0.0003 mg/kg).” 18. In line 15 of Annex No. 4 to the Technical Regulation the name of a group of products shall read as follows: “Flour, grits, meals, and macaroni products.” 19. Annex No. 5 to the Technical Regulation shall read as follows: Annex No. 5 to the Technical Regulation of the Customs Union “On Food Safety” (TR TS 021/2011) Requirements for Unprocessed Food (Eatable) Raw Materials of Animal Origin I. Requirements for Meat and Other Meat Raw Materials Meat and other meat raw materials must result from slaughter of healthy animals grown at farm enterprises or in administrative districts in accordance with regionalization officially free from animal diseases, as established by the regulatory legal acts that are included in the legal framework of the Customs Union and Single Economic Space. Meat and other meat raw materials should meet the following requirements: 1) meat and other meat raw materials made of beef and mutton should be received from the slaughter of animals who received no fodder of animal origin containing proteins of ruminant animals, except for substances recommended by the OIE Code; 2) Each pig carcass should be examined for trichinellosis with negative results or pork should be subjected to freezing, as indicated in the table below: Time (hours) Temperature (° C) 106 -18 82 -21 63 -23.5 48 -26 35 -29 22 -32 8 -35 ½ -37 3) meat and meat raw materials should not be received from the carcasses, which: - during postmortem examination reveal changes typical for FMD, plague, anaerobic infections, tuberculosis, leucosis and other communicable diseases, helminth activity (such as cysticercosis, trichinellosis, sarcosporidiosis, onchocercosis, echinococcosis and others), or poisoning; - were defrosted during storage; - have signs of deterioration; - have the core temperature measured in the thigh muscles of above minus 8 degrees Celsius for frozen meat and above plus 4 degrees Celsius for chilled meat; - contain viscera remains, tissue haemorrhages, unremoved abscess, gadfly larvae, cleaning of serosal cuticles and removed lymph glands, mechanical pollutions, as well as unnatural meat color, smell or flavor (of fish, drugs, herb, etc.); - contain preservation matters; - contaminated with salmonella to the level posing a hazard to human health, according to the requirements established by the present Technical Regulation; - treated with coloring matters. II. Requirements for Poultry Meat Poultry meat must result from killing of healthy poultry grown at farm enterprises or in administrative districts in accordance with regionalization officially free from contagious diseases, as established by the regulatory legal acts that are included in the legal framework of the Customs Union and Single Economic Space. It is not allowed for poultry meat to have the following: - if postmortem examination reveals changes typical for communicable diseases, helminth activity, or poisoning; - if the poultry is uneviscerated or semieviscerated; - if it has poor organoleptic properties; - if the core temperature is above minus 12 deg. C for frozen poultry (the storage temperature must be minus 18 deg. C); - if it contains preservation matters; - if it is contaminated with Salmonella to the level posing a hazard to human health, according to the requirements established by the present Technical Regulation; - if colouring or aromatic matters were applied to it, or if it was subjected to ionizing radiation or UV radiation; - if it has pigmentation unusual for the species; - poultry meat with signs of spoilage; - if the poultry was subjected to natural or synthetic estrogenic or hormonelike substances, thyreostatic agents, antibiotics, pesticides and other medications administered before killing later than recommended by relevant directions for use. III. Requirements for Horse Meat Horse meat must originate from animals obtained at the premises free from animal diseases, as established by the regulatory legal acts that are included in the legal framework of the Customs Union and Single Economic Space. It is not allowed for horse meat to have the following: - if postmortem examination reveals changes typical for communicable diseases, helminth activity, or poisoning; - if the carcass contains viscera remains, has tissue haemorrhages, abscess, gadfly larvae , if the serosal cuticles are cleaned up and lymph glands are removed, if mechanical pollutions are present, or if the meat has an unnatural smell or flavour; - if the core temperature measured in the thigh muscles is above minus 8 degrees Celsius for frozen meat and above plus 4 degrees Celsius for chilled meat; - if the meat is contaminated with Salmonella or other infectious microorganisms; - if colouring or aromatic matters were applied to the meat, or if it was subjected to ionizing radiation or UV radiation; - if the animal was subjected to natural or synthetic estrogenic or hormonelike substances, thyreostatic agents, antibiotics, pesticides and other medications administered before slaughter later than recommended by relevant directions for use. IV. Requirements for Domestic Rabbit Meat The meat must come from healthy rabbits grown at farm enterprises or in administrative districts in accordance with regionalization officially free from communicable diseases, by the regulatory legal acts that are included in the legal framework of the Customs Union and Single Economic Space. It is not allowed for rabbit meat to have the following: - if postmortem examination reveals changes typical for communicable diseases, helminth activity, or poisoning; - if the meat has poor organoleptic properties;; - if it contains preservatives; - if it is contaminated with Salmonella or agents of other bacterial infections; - if colouring or aromatic matters were applied to the meat, or if it was subjected to ionizing radiation or UV radiation; - if the meat has dark pigmentation; - if it was defrosted during storage; - if the core temperature is above minus 12 degrees Celsius for frozen rabbit meat (the storage temperature must be minus 18 degrees Celsius); - if the rabbits were subjected to natural or synthetic estrogenic or hormonelike substances, thyreostatic agents, antibiotics, pesticides and other medications administered before slaughter later than recommended by relevant directions for use. V. Requirements for Raw Milk of Bovine and Small Cattle, Raw Skimmed Milk and Raw Cream Raw milk, raw skimmed milk and raw cream shall be obtained from healthy animals fromthe premises officially free from animal diseases, as established by the regulatory legal acts that are included in the legal framework of the Customs Union and Single Economic Space. VI. Requirements for Game Meat The game must result from killing of healthy animals (game birds) and exotic animals who lived (were kept at) hunting grounds or breeding farms officially free from animal diseases, as established by the regulatory legal acts that are included in the legal framework of the Customs Union and Single Economic Space.During postmortem examination meat of wild and exotic animals should not reveal changes typical for contagious diseases, as well as infestation by helminthes, serous coats should not be cleaned, lymph nodes should not be removed. Animal meat (each carcass) must be tested for trichinellosis with negative result. Meat must not have hemorrhages in tissues, unremoved abscesses, larvae of gadfly, mechanical pollutions, as well as unnatural meat, smell, flavor of fish, herbs, drugs, etc.; The meat must have no bruises, un-removed abscess, gadfly larvae, mechanical pollutions, and no unnatural smell or flavour such as fish, herb, medicine etc. Meat must be stored and transported in compliance with the temperature regime, core temperature in muscle of thigh of which is not higher then minus 8 degrees Celsius for frozen meat (during storage minus 18 degrees Celcius), and not higher then plus 4 degrees Celsius for chilled one; must not be subjected to defreezing, not contain conservation means, not contaminated with salmonella or agents of other bacterial infections, not treated with coloring materials, ionizing radiation or ultra violet rays. VII. Requirements for Products from Water Biological Resources and Aquaculture Species Products from water biological resources (live, chilled, frozen fish, roe, crustaceans, shellfish, mammals, and other aquatic animals and species) shall originate from safe harvesting (fishing) areas, and products of aquaculture species from the premises (establishments,) that are safe in veterinary terms are permitted for utilization. Products from water biological resources and products of aquaculture of animal origin (hereinafter “fish raw materials”) must be tested for parasites, bacterial and other infections. Parasitologic safety properties for fish raw materials are provided in Tables 1 through 4 of Annex No. 6. If living parasites and their larvae are found but do not exceed permissible limits, approved practices must be applied to neutralize them and make the fish raw materials safe. It is not allowed for fish raw material to have the following: - if the core temperature of frozen fish material is above minus 18 degrees Celsius; - contaminated with salmonella or agents of other bacterial infections; - treated with coloring materials, ionizing radiation or ultra violet rays; - with changes typical for contagious diseases; - if the material has poor organoleptic properties; - if it was defrosted during storage; - if it originates from poisonous fish belonging to Tetraodontidae, Molidae, Diodontidae, or Canthigasteridae family; - if the material contains biotoxins hazardous to human health. Aquaculture products grown in a recirculating aquaculture system (RAS) require a transitional store period. Clams, echinoderms, turnicates and sea gastropods must be subjected to aging in cleaning centers. Fish materials must not contain natural or synthetic estrogenic hormonelike substances, thyrostatic drugs, antibiotics, other medicines or pesticides. VIII. Requirements for Natural Honey and Apiculture Products Natural honey and apiculture products received from the premises (apiaries) and administrative territories in accordance with regionalization, free from diseases, as established by the regulatory legal acts that are included in the legal framework of the Customs Union and Single Economic Space. Honey and apiculture products must not: - have altered organoleptic or physical-chemical properties; - contain natural or synthetic hormonelike substances or thyrostatic agents. Honey and apiculture products may not contain traces of such medications as chloramphenicol, chlorpharmasin, colchizin, dapson, dimetridasol, nitrofurane, and ronidasol. The content of coumaphos must not exceed 100 µg/kg, and the content of amitraz must not exceed 200 µg/kg. Honey and apiculture products may not contain traces of other medications used for bee treatment and care. The manufacturer must specify all the pesticides utilized during collection of honey and manufacture of apiculture products. IХ. Requirements for Egg Powder, Egg Melange, and Egg Albumen Eggs used for production of egg powder, egg melange, and egg albumen must be provided by farms free from communicable animal diseases, as established by the regulatory legal acts that are included in the legal framework of the Customs Union and Single Economic Space Egg powder, egg melange, and egg albumen must not: - have altered organoleptic properties; - be contaminated with Salmonella or agents of other bacterial infections; - not be treated with chemical substances, ionizing radiation or UV rays. Х. Requirements for Eggs Eggs must be originate from the premises free from contagious animal and bird diseases, as established by the regulatory legal acts that are included in the legal framework of the Customs Union and Single Economic Space. 18. Item 279 of Section 1.1, Annex No. 7 to the Technical Regulation shall read as follows: No. Russian Plant Name Latin Plant Name Parts of Plants 279 Saltwort (Russian Thistle) Salsola austrflis R. Br.(=S.ruthenica lljin) All parts of the plant 19. Section 1.1 of Annex No. 7 to the Technical Regulation shall be supplemented with the following items: No. Russian Plant Name Latin Plant Name Parts of Plants 340. Japanese Sweet Flag Acorus gramineus Soland. (= A. pusillus Rootstock, essential oil, leaves Sieb.) 341. Bienertia cycloptera Bienertia cycloptera Bunge Aboveground part 342. Bassia cycloptera Bassia cycloptera Bunge Aboveground part 343. Black Cumin Bunium persicum B. Fedtsch All part of the plant 344. Bunium cylindricum Bunium cylindricum Drude Aboveground part and essential oil therefrom 345. Gymnocalycium Gymnocalycium Aboveground part 346. Bulbous Canarygrass Phalaris tuberose L. Aboveground part 347. Jointed Anabis Anabasis articulate Aboveground part 348. Echinophoria Echinophoria sibthorpiana Huss Aboveground part Sibthorpiana 349. Colocynth Citrullus colocynthis Schrad. Fruit (powder, extract 350. Nipple Beehive Cactus Coryphantha micromeris Lem. Whole plant 351. Bluegeen Saltbush Artriplex nummularia Lindl. Aboveground part 352. Wrinkled Giant Hyssop Agastache rugosa O.Kuntze Essential oil 353. Miniature Mosla dianthera L. Essential oil Beafsteakplant 354. Orlaya Daucoides Orlaya daucoides Fruit (essential oil) 355. Orthodon Asaroniferum Orthodon asaroniferum Aboveground part END UNOFFICIAL TRANSLATION.