Background and purpose of the Regulation (EU) 2017/2158
In June 2015, the European Food Safety Authority (EFSA) produced its full Scientific Opinion on the risks related to the presence of acrylamide in food, and concluded that the current level of acrylamide in food is a concern for public health. This position was supported by the EU and in 2017 Regulation (EU) 2017/2158 was published.
The overall aim of the Regulation is to ensure that food businesses put in place steps to mitigate acrylamide formation where practicable to ensure levels in food are As Low As Reasonably Achievable (the ALARA principle) through the application of appropriate mitigation measures by all Food Business Operators (FBOs) along the food chain.
The Regulation, establishing mitigation measures and BMLs for the reduction of the presence of acrylamide in food, came into force 11 April 2018 and applies directly to UK food businesses. The Regulation is enforced in Scotland by the Food Hygiene (Scotland) Regulations 2006 (as amended).
Article 5 of Regulation (EC) No 852/2004 requires all FBOs to put in place, implement and maintain HACCP-based Food Safety Management System (FSMS). This is to ensure that food safety hazards associated with the production of food are identified and monitored and that controls are in place to mitigate risks to consumers. The regulation requires FBOs to consider chemical contaminant hazards (e.g. acrylamide) within the scope of their FSMS. Additionally Regulation (EC) No 852/2004 also provides significant flexibility which allows HACCP-based FSMS to be tailored to the size and nature of the business without compromising food safety itself. This Regulation formalises how this should be approached by certain businesses producing affected products.