Business types and mitigation measures
Article 2 sets out the three different categories of FBOs affected and the mitigation measures that are applicable. The mitigation measures relevant to the food businesses affected are set out in Annex I and II of the Regulation. These measures are not intended to lead to any significant changes in the quality and organoleptic properties of foods.
There may be instances where an FBO does not fit neatly under the different categories set out in Article 2. In such occasions it is important that constructive conversations take place with the FBO in order to determine where the FBO falls within the Regulation in a practical and proportionate manner.
Manufacturers
This refers to all food manufacturers others than those covered by Articles 2(2) and 2(3). FBOs which produce and place on the market foodstuffs listed in the Regulation shall apply mitigation measures provided for in Annex I of the Regulation.
Mitigation measures applicable to FBOs under Article 2(1).
- annex 1 of the Regulation sets out the sector-specific requirements for these FBOs to adopt, in order to mitigate acrylamide formation in the foods listed in the Regulation.
- not all the mitigation measures are relevant to all food manufacturers. It is expected that an FBO will choose the relevant measures for their product(s) and apply as appropriate to ensure that the levels of acrylamide in their products
comply with the ALARA principle.
Retail / direct supply to local retail establishments
These are FBOs producing foodstuffs listed in the Regulation which perform retail activities and/or directly supply only local retail establishments.
Examples of Article 2(2) FBOs include local and/or independent businesses such as cafes, fish and chip shops and restaurants.
The definition of local is set out in the Code of Practice - Food Law Practice Guidance (Scotland).
Mitigation measures applicable to FBOs under Article 2(2) retail or local retail supply.
- part A of Annex II outlines the relevant mitigation measures applicable for businesses which perform retail activities, and or directly supply only local retail establishments.
- FBOs should have in place appropriate procedures to show that they are following the mitigation measures. In practice, this could include manufacturers’ instructions, colour charts/guides and/or procedures based on best practice
industry guidance. - where products have intrinsically high levels of acrylamide (such as American style, flame grills, wood fired pizzas etc), then only limited acrylamide mitigation steps in such businesses may be possible. In such cases, businesses should be
encouraged to reduce acrylamide in general terms, including across the wider range of products on offer – where possible, and in line with ALARA principles.
See below for summary of actions required.
Actions
General steps:
- potato varieties with lower sugar content shall be used, when available and insofar as compatible with the desired food product to be obtained. 1, 2
- potatoes should be stored at a temperature higher than 6 °C; but if lower temperatures are unavoidable storage should be for as short a time as possible.
Before the frying process:
One of the following measures shall be taken with raw French fries to reduce the sugar content, where possible and insofar as compatible with the desired food product to be obtained:
- washing and soaking preferably for 30 minutes up to 2 hours in cold water. Rinse the strips in clean water before frying.
- soaking for a few minutes in warm water. Rinse the strips in clean water before frying.
- blanching of potatoes results in lower levels of acrylamide and therefore where possible, it is appropriate to blanch potatoes.
Exception: Frozen potato products, for which cooking instructions shall be followed.
During the frying process
- frying oils and fats shall be used which allows quicker frying and/or lower temperature frying. Cooking oil suppliers shall be consulted for the best suited oils and fats. 3
- frying temperatures shall be below 175 °C and in any case as low as possible taking into account the food safety requirements and nutritional aspects.
- frying oils and fats quality shall be maintained by skimming frequently to remove fines and crumbs.
- for the cooking of French fries, it is appropriate that the FBOs make use of industry available colour guides providing guidance on the optimal combination of colour and low levels of acrylamide.
Insofar possible and compatible with the production process and hygiene requirements:
- The extension of yeast fermentation time;
- the moisture content of the dough for the production of a product with low
- moisture content, shall be optimised;
- the lowering of oven temperature and the extension cooking time.
- products shall be baked to a lighter colour endpoint and dark roasting of crust shall be avoided where the strong roasting and not related to the specific composition or nature of the bread resulting in a dark crust.
- when preparing sandwiches, the FBOs shall ensure that sandwiches are toasted to the optimal colour
- when using pre-packed bread or bakery products which are to be finished, cooking instructions are followed
Trademark or Commercial License establishments
These are FBOs which operate in facilities under direct control, and that are operating under one trademark or commercial license, as a part of, or franchise of, a larger, interconnected operation and under the instructions of the food business operator that centrally supplies the foodstuffs listed in the Regulation.
Examples of Article 2(3) FBOs covered in this category include large restaurants, hotels and café chains. It does not include local independent operators that may have a few outlets or interconnected businesses.
Mitigation measures applicable to FBOs under Article 2(3)
- in addition to the mitigation measures set out in Table 1 above, food businesses covered by Article 2(3) are also required to adopt the relevant mitigation measures detailed in Part B of Annex II of the Regulation
- this is intended to place some extra obligations on certain FBOs in addition to those referred to in Article 2(2). The requirement typically applies to larger, centrally controlled and centrally supplied chains with standardised menus and
operating procedures. The mitigation measures, referred to in Part B of Annex II, are to be applied by the FBOs. The requirement to demonstrate that sampling and analysis has been undertaken to assess the effectiveness of the mitigation
measures may be satisfied by the central business rather than the individual outlet. - one of the mitigation steps FBOs are required to apply when making French fries and other cut (deep fried) potato products (e.g. chips, fried roast potatoes) is the use of Standard Operating Procedures and calibrated fryers equipped with computerised timers and programmed to standard settings (time-temperature). However, the Regulation does not require FBOs to immediately purchase such equipment, if their current equipment is operationally fit for purpose and well maintained.
- it should be noted that, in the absence of calibrated fryers, FBOs are expected to follow the measures set out in Part A of Annex II under ‘French fries and other cut (deep fried) potato products’ where these products are produced.
- not all the mitigation measures outlined in the box below may be applicable
See below for summary of actions required.
General requirement
FBOs shall accept products referred to in Article 1(2) only from FBOs that have implemented all mitigation measures set out in Annex I.
FBOs shall:
- follow the instructions on storage of provided by the FBOs or the suppliers or provided for in the relevant mitigation measures in Annex I;
- work with SOPs and calibrated fryers equipped with computerised timers and programmed to standard settings (time-temperature);
- monitor the level of acrylamide in finished products to verify that the mitigation measures are effective in keeping acrylamide levels below the BML
FBOs shall monitor the level of acrylamide in finished products to verify that the mitigation measures are effective in keeping acrylamide levels below the BML.
FBOs shall ensure that the level of acrylamide in supplied coffee is lower than the BML specified in Annex IV taking into account however that this may not be possible for all coffee types depending on blend and roast characteristics. In these cases a justification is provided by the supplier.