Controls of food sold online were limited and mainly focused on registered
food business operators. Non-compliances were mostly related to labeling and
health claim requirements. Online marketing of dangerous substances as food
supplements was found in a few cases.
With internet sales of food increasing at EU level such controls will need
to be enhanced due to the anticipated fast growth of e-commerce. Enforcement
and cooperation with non-EU countries is the main constraint to effectively
control food sold via the Internet.
The report is based on fact-finding missions to Denmark, France, Germany,
Ireland, Portugal, Sweden, and the United Kingdom in 2017 by the
Directorate-General for Health and Food Safety of the European Commission (DG
Health and Food Safety).
Most of these countries did not have specific national legislation for this
type of sale. Official controls cover food hygiene (temperature requirements,
transport, and traceability) labeling, health, and nutritional claims.
Challenge to identify
Identifying non-registered food business operators with an online presence
has proved challenging due to limited resources and operators able to easily
and rapidly enter and exit the online marketplace without being aware that EU
food safety regulatory requirements governing traditional businesses (i.e.
hygiene standards and labeling) also apply to sales online.
The presence of online sellers who actively try to avoid official controls
by changing their digital identity is an additional hurdle for authorities.
Authorities in the member states recognized the need to enhance controls
for online sales of food and have taken steps to adapt traditional inspection
and sampling activities to ensure food supplied online is safe and subject to
an appropriate level of official controls. The approach taken varies since it
has been adapted to existing authority structures and depends on the priority
given by to the area.
Differing national rules
In two member states, national legislation gives official staff increased
investigation powers which enable them to use assumed identities to control the
sale of goods and the supply of services over the Internet. In another member
state, authorities can access private dwellings in case of ongoing
investigations when used as the physical address of the businesses to have a
full picture of sellers’ on-site activities.
The official control Regulation (EU) No 2017/625 applicable by the end of
2019 provides the legal basis for authorities to shop online without revealing
their identity and to use the products received as official samples. Currently,
not all countries are permitted to use assumed identities.
Officials from countries visited have attended the EU-funded Better
Training for Safer Food (BTSF) course on control of e-commerce of food and
there is an expert working group on official controls of e-commerce of food set
up by the Commission.
The Federal Office of Consumer Protection and Food Safety (BVL) in Germany
and the European Commission are organizing an international conference on the
eCommerce of food in Berlin from June 24 to 26, 2019. The event will be in
English with translation into German.
Operation results
In 2017, the Commission organized the first EU coordinated control plan on
food offered via the Internet. Authorities from 25 member states, Switzerland
and Norway checked nearly 1,100 websites and found around 740 non-compliant
offers, i.e. 425 offers of unauthorized novel foods and 315 of food supplements
with medicinal claims. A second such action is being planned.
The system for registration of establishments does not ensure correct
identification of all food businesses operating online, which impacts the
ability of authorities to organize official controls. In most cases,
registration forms do not explicitly take into account the online dimension and
such information is not considered for the risk rating and determining the type
or frequency of controls by local authorities.
Online controls are in most cases done in conjunction with physical ones.
If operators sell exclusively on the Internet and have no physical food-related
activities then controls are exclusively/largely on their websites.
Some foods, in particular supplements, are more intensely targeted, due to
the importance attributed to their online sale and distribution. Surveys
covering food supplement sale sites have recorded high numbers of non-compliances.
Enforcement issues
Depending on the risk identified, enforcement measures by authorities have
included requirements for removing claims, revising product labeling, removing
the product from the market, recalling it from consumers, and seizing items.
The option for enforcement abroad (fines on operators based in other member
states or in non-EU countries) had not been used by any of the authorities in
the nations visited regarding food.
Difficulties have been highlighted in using online purchases for complex
sampling protocols such as aflatoxin (e.g. ensuring the representatively of the
batch). In some cases, authorities are not able to take samples of food
products identified during online investigations on the spot since they are no
longer available by the time they visit the premises.
“Proactive
searches to identify unregistered food business operators are up to date very
limited and some member states do not have the legal basis to carry certain
activities or to use tools necessary to control this type of sales, such as
mystery shopping. The enforcement of EU food chain legislation on online sales
is cumbersome especially concerning entities based in non-EU countries with
which there is no established cooperation,” according to the report.
 |
| Joe Whitworth https://www.foodsafetynews.com/author/jwhitworth/ https://www.foodsafetynews.com/2019/03/eu-report-finds-limited-controls-on-food-sold-online/ |
