Scope
Who is affected?
The Regulation applies to all FBOs that produce and place on the market the foods listed below. However, the extent to which the Regulation affects specific businesses will depend on business type.
What foods are affected?
Foods that typically have a high starch content, which are cooked at high temperatures such as frying, roasting, toasting and baking.
Per Article 1(2) of the Regulation, foodstuffs within the scope of the Regulation are:
- french fries, other cut (deep fried) products and sliced potato crisps from fresh potatoes;
- potato crisps, snacks, crackers, and other potato products from potato dough;
- bread
- breakfast cereals (excluding porridge);
- fine bakery wares: cookies, biscuits, rusks, cereal bars, scones, cornets, wafers, crumpets and gingerbread, as well as crackers, crisp breads and bread substitutes. In this category, a cracker is a dry biscuit (a baked product based on cereal flour)
- coffee: (i) roast coffee; (ii) instant (soluble) coffee; coffee substitutes
- baby food and processed cereal-based food intended for infants and young children as defined in regulation (EU) No. 609/2013
What is expected of a food business operator?
FBOs are required to adopt relevant mitigation measures set out in the Regulation. In general, FBOs are expected to:
- be aware of acrylamide as a food safety hazard and have a general understanding of how acrylamide is formed in the food they produce
- take necessary steps to mitigate acrylamide formation in the food they produce, ensuring that levels are reduced, where possible, to meet with ALARA principles as part of their HACCP-based FSMS
Where required:
- undertake representative sampling and analysis to monitor the levels of acrylamide in their products as part of their assessment of the mitigation measures.
- keep appropriate records of the mitigation measures undertaken to demonstrate ALARA together with sampling plans and results of any testing undertaken.
The measures are intended to be proportionate to the nature and size of the business so as to ensure that small and micro-businesses are not burdened disproportionately.