Mechanically Separated Meat (MSM)
MSM is defined in Annex I, point 1.14 of Regulation (EC) 853/2004 as being:
‘product obtained by removing meat from flesh-bearing bones after boning or from poultry carcases, using mechanical means resulting in the loss or modification of the muscle fibre structure.’
Annex III, Section V, Chapter III distinguishes between the hygiene requirements to be met when producing what is referred to as ‘low pressure MSM’ and ‘high pressure MSM’ and these are set out in paragraphs 3 and 4 of this chapter respectively.
These are distinct from meat preparations, which are defined in paragraph 1.15 as being:
‘fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat and thus to eliminate the characteristics of fresh meat’
If a product meets the Supreme court’s interpretation of MSM, then the requirements of Annex III, Section V must be complied with to ensure it is placed on the market lawfully. It is also the responsibility of the FBO to consider any additional requirements, such as labelling considerations to ensure they comply with all the necessary regulations. In addition to the hygiene requirements specified in Regulation (EC) 853/2004, MSM is also subject to labelling requirements contained within Regulation No 1169/2011 (1). Annex VII of this regulation states that MSM is not meat and will not count towards the meat content of the product. If MSM is used to produce a product, then this must appear separately on the ingredient's declaration as ‘MSM’ followed by the species it comes from.
The Supreme Court has provided a definitive interpretation of what constitutes MSM and it is that interpretation that will be applied to determine whether MSM has been or is being produced.