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www.eurofins.de Fraud, gaps and loopholes: Non-analytical and analytical tools need to be combined for knowing your supply chain Non-analytical and analytical tools need to be combined for knowing your supply chain Joerg Lickfett & Johannes Jaschik 13.02.2020

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Page 1: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

www.eurofins.de

Fraud, gaps and loopholes:Non-analytical and analytical tools need to be

combined for knowing your supply chain

Non-analytical and analytical tools need to be combined for knowing your supply chain

Joerg Lickfett & Johannes Jaschik

13.02.2020

Page 2: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Supply Chain

2Non-analytical and analytical tools need to be combined for knowing your supply chain 2

Cultivation Storage Production

Transport

Pesticides, GMO, dioxins, PCBs and

POPs, veterinary drugresidues, alkaloides, forbidden additives,

heavy metals, microbiology, mycotoxins, radioactivity, authenticity

Pesticides, GMO, dioxins, PCBs and

POPs, veterinary drugresidues, alkaloides, forbidden additives,

heavy metals, microbiology, mycotoxins, radioactivity, authenticity

Gas certification,

impurities(Allergens,

GMO, foreignbodies,

Cleaning,Mix up

Gas certification,

impurities(Allergens,

GMO, foreignbodies,

Cleaning,Mix up

Irradiation, Germanation

inhibitor, storage

protection, microbiology, mycotoxins

Irradiation, Germanation

inhibitor, storage

protection, microbiology, mycotoxins

Process contaminants(Acrylamid, 3-MCPD(-

Ester), Furan, etc.), PAH, Mineral Oils(MOSH/MOAH), Disinfectants,

detergents, Solvantresidues, foreign

bodies, microbiology, hygiene, Migration frompackaging (BisphenolA, etc.), used water

Process contaminants(Acrylamid, 3-MCPD(-

Ester), Furan, etc.), PAH, Mineral Oils(MOSH/MOAH), Disinfectants,

detergents, Solvantresidues, foreign

bodies, microbiology, hygiene, Migration frompackaging (BisphenolA, etc.), used water

Page 3: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Supply Chain

3Non-analytical and analytical tools need to be combined for knowing your supply chain 3

Cultivation Storage Production

Transport

Pre-harvestinspections ,

Set up ofspecifications.

Sampling on-site,(Supplier-)Audits,(Residue) Analysis

Inspections , sealing,

controls on arrival ,

sampling in the harbor,

gas certification

Audits(Storage checks) , training

Development ofindividual test plans,

risk management , monitoring (incl.

Analysis) , methoddevelopment,

hygiene audits, packaging control, sensory analysis, shelf life studies, labelling check

Page 4: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Organic products: Critical points

Contamination(special vulnerability)

Contamination(special vulnerability)

4Non-analytical and analytical tools need to be combined for knowing your supply chain

Organic food fraud

PesticidesPesticidesSafenerSafener

SynergistsSynergists

Authenticity

(because of limited availability)

Authenticity

(because of limited availability)

GMOGMO

DisinfectantsDisinfectantsFertiliserFertiliser

Page 5: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Methods

5Non-analytical and analytical tools need to be combined for knowing your supply chain

Instrumental methods

• Residue analysis

• Analysis of organic / anorganic contaminants

• Isotope testing

• PCR (for GMO)

Not-instrumental methods

• Audits (e.g. Hygenic, ISO, IFS)

• Risk Analysis

• Training, Webinars

Which methods are available:

Page 6: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Food Supply Chain Service in the Sign ofChange

• List of Test Methods

• Analytical Results

Focus on TECHNICAL PART for individual steps of the process chain

Technical Experts needed

6

• Consultancy

• Risk Assessment

• Data Interpretation

Focus on SOLUTIONSalong the completeprocess chain

Food Fraud Expertsneeded

Non-analytical and analytical tools need to be combined for knowing your supply chain

Page 7: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Identify and track

• History

• distribution

• location

• use

7Non-analytical and analytical tools need to be combined for knowing your supply chain Bildquelle: pixaby.com

Traceability

Products

Parts

Materials

basis for credible sustainability, quality or origin indications

Due diligence:

traceability throughout or part of the supply chain

of

Page 8: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Risk Analysis

8Joerg Lickfett, Eurofins NDSC Food Testing Germany, Bildquelle: pixabay.com

Page 9: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

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Risk Analysis

Joerg Lickfett, Eurofins NDSC Food Testing Germany, Bildquelle: Pixaby.com

Page 10: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Traceability

10Non-analytical and analytical tools need to be combined for knowing your supply chain Bildquelle: Pixaby.com

Knowledge about:

• Origin of products

• Suppliers

• Working conditions

• Environmental impact

Complex supply chains are often accompanied by a la ck of

traceability.

In order to optimise qualilty a comprehensive knowled ge of supply

chain is required.

Page 11: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Risk Analysis – Decision on Measures

11Non-analytical and analytical tools need to be combined for knowing your supply chain Bildquelle: Pixaby.com

Page 12: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Example complex product

Simple case: single product

12Non-analytical and analytical tools need to be combined for knowing your supply chain

more complex: composite product

What would this mean for such a product?

Page 13: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Example: „Raw products“

13Non-analytical and analytical tools need to be combined for knowing your supply chain

• audited production site

• talked to supplier

• checked storage and cleaning measure

at source

Page 14: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Example: „Raw products“

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Origin: TurkeyDisinfection of drying facilitiesPesticide use or contaminantion during farming

Origin: GermanyContamination with growth regulator (Chlormequat) during production

Origin: Austria / ChinaRisk depending on originPersistant organic contaminants

analyse samples for supposed risks

Non-analytical and analytical tools need to be combined for knowing your supply chain

Page 15: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Legal evaluation – basis (pesticides)

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Company Presentation Eurofins Food Germany

EU Regulation 889/2008

Article 5 (of Regulation 889/2008)Pest, disease and weed management

„1. Where plants cannot be adequatelyprotected from pests anddiseases … only [plant production] products referred to inAnnex II to this Regulation may be usedin organic production.

Operators shall keep documentaryevidence of the need to use theproduct.“

We don‘t have any detailsright now.

Current legislation:

Page 16: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Legal evaluation example

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Processed has to be checked

Processcontamination has to be checked

Persistant organic usually okaycontaminants (but has to be monitored)

Non-analytical and analytical tools need to be combined for knowing your supply chain

Page 17: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Storage/ Transport

17Company Presentation Eurofins Food Germany

• Fumigation during transport (Phosphan,

Methyl Bromide)?

• Disinfection/Cleaning (QAC, C hlorate etc.)?

• Storage/Container treatment (e.g.

Chlorpyrifos)?

• Accidental mix up with conventional or with

different products

Page 18: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Final storage

Many other raw materials

18Company Presentation Eurofins Food Germany

Storage

Dinkel flakes

Honey

Hazelnuts

Dried apple

Vanille

Maltodextrin

Sunflower seed

Many others

Page 19: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Processing

Contamination possible

19Company Presentation Eurofins Food Germany

Production

• How many processing lines?

• Only organic products in production?

• How is the disinfection and cleaning process?

• Packaging material under control?

... and of course one non compliant ingredient has

an impact on the whole finished product

Page 20: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Final Product

20Company Presentation Eurofins Food Germany

Final product isdelivered to theconsumer.

Food Fraud in organic products can happen at different

stages in the whole food chain.

Page 21: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Legal evaluation

Difficult in a complex product:

21Company Presentation Eurofins Food Germany

• Concentrations of residues are often diluted in the

composite product (expect to find nothing anyway!)

• Homogeneity of the multi-component sample is

difficult

• Not possible to distinguish between contamination

or possible food fraud

Page 22: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Corporate due diligence

22Company Presentation Eurofins Food Germany

§ 2 Abs. 1 Nr. 7 UWG

For the meaning of this Act "business diligence" me ans the standard of professional skill and care which a tra der may reasonably be expected to exercise in his dealings with consumers in good faith and in accordance with hone st market practice.

This means:

1. obligation to acquire the factual and legal know ledge

2. the obligation to ensure compliance with the req uirements of food law

3. this can also lead to a duty of care across all trade levels

Page 23: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Benefits of Traceability

• Wholesalers and retailers can validate information about products and practices and inform their customers.

• Consumers can trust the origin of a product and ther efore remain loyal to the brand.

• Farmers can conclude contracts without major hurdle s and have better access to markets and services. Traceable ce rtification also means they are more likely to receive price pr emiums.

• Suppliers see a higher level of trust, can increase their turnover and have more stable procurement.

23Non-analytical and analytical tools need to be combined for knowing your supply chain

Page 24: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Reasons to know the Supply Chain

• Risk assessment: Without it I have to rely on my suppliers

• Corporate duty of care – 2 Steps backwards

• Fraud- or health hazard

• International complexity

• Document falsification

• Decision making: general vs. special analytics

• Where fraud opportunities arise in the chain

• Sample logistics

• Reliability of references – reference databases

24Non-analytical and analytical tools need to be combined for knowing your supply chain

Page 25: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

Why is it important for you to know your complete supply chain?

25Non-analytical and analytical tools need to be combined for knowing your supply chain Picture: 2019 International Life Sciences Institute

Because youare responsible !!

Page 26: Fraud, gaps and loopholes€¦ · consumers in good faith and in accordance with honest market practice. This means: 1. obligation to acquire the factual and legal knowledge 2. the

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Thank you very much!

Joerg LickfettKey Account Manager

Fon: +49-(0)40-49294 3109

Johannes JaschikAnalytical Service Manager

Fon: +49-(0)40-881 448-452

[email protected]

www.eurofins.de

Joerg LickfettKey Account Manager

Fon: +49-(0)40-49294 3109

Johannes JaschikAnalytical Service Manager

Fon: +49-(0)40-881 448-452

[email protected]

www.eurofins.de

?

Non-analytical and analytical tools need to be combined for knowing your supply chain