Food Safety
search
cart
facebook twitter linkedin
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Food Safety
  • NEWS
    • Latest News
    • White Papers
  • PRODUCTS
  • TOPICS
    • Contamination Control
    • Food Types
    • Management
    • Process Control
    • Regulatory
    • Sanitation
    • Supply Chain
    • Testing and Analysis
  • PODCAST
  • EXCLUSIVES
    • Food Safety Five Newsreel
    • eBooks
    • FSM Distinguished Service Award
    • Interactive Product Spotlights
    • Videos
  • BUYER'S GUIDE
  • MORE
    • ENEWSLETTER >
      • Archive Issues
      • Subscribe to eNews
    • Store
    • Sponsor Insights
  • WEBINARS
  • FOOD SAFETY SUMMIT
  • EMAG
    • eMagazine
    • Archive Issues
    • Editorial Advisory Board
    • Contact
    • Advertise
  • SIGN UP!
NewsManagementRegulatorySupply ChainInternationalInternational Standards/Harmonization

European Commission Crafts Guidance on Deterring Food Fraud Based on Member States’ Current Strategies

By Food Safety Magazine Editorial Team
person holding a sign that says fraud

Image credit: Tima Miroshnichenko via Pexels

November 15, 2023

The European Commission’s Directorate-General for Health and Food Safety (EC’s DG SANTE) recently published a report on the effectiveness of EU Member States’ strategic approaches for fighting food fraud, which informed a guidance document published by EC Joint Research Center (JRC) that supports Member State efforts in this area.

The DG SANTE report summarizes the findings of a survey and pilot studies carried out between 2020 and 2022, with the aim of collecting information on the suitability and effective implementation of national arrangements to fight fraud along the agrifood chain in accordance with EU Regulation 2017/625 Article 9(2). The regulation requires Member States to organize proactive, risk-based controls to identify and combat fraudulent and deceptive practices along the agrifood chain, going beyond traditional official controls that exist only to verify compliance with food and feed safety law.

The findings of the project revealed several challenges that Member States still face when preparing and implementing Article 9(2), specifically:

  • The lack of a clear definition for the term “fraudulent and deceptive practices” at the EU and national levels
  • The complexity of planning risk-based Article 9(2) controls
  • The resources required, or the nonexistence of resources, for food fraud-related control methods in some cases
  • The need for intensified cooperation across enforcement authorities and control areas.

DG SANTE also found that, in general, where controls existed, they were more advanced in the food and food safety control area than in other controls areas referred to in the regulation, and none of the Member States had implemented the provisions of Article 9(2) across all control areas. However, the controls already in place clearly demonstrated that a risk-based approach for detecting fraudulent and deceptive practices can be successfully implemented. The project also concluded that risk-based planned Article 9(2) controls and targeted investigations based on intelligence are both suitable, complimentary strategies to fight fraudulent and deceptive practices. While some Member States focused more on an intelligence-based approach, other Member States prioritized Article 9(2) controls.

Although the activities of the EU Agency for Law Enforcement Cooperation (Europol) and EU-coordinated actions and programs do not constitute Article 9(2) controls (as they are not carried out regularly with a set frequency), such control campaigns can help Member States to gain experience in the fight against fraudulent and deceptive practices.

Article 9(2) controls require a planned targeted approach that is facilitated by the availability of suitable data, effective data analysis tools, and the availability of control methods that are accepted by the courts. Control data, including past records of operators and information collected during control campaigns, as well as information shared through the mechanisms of administrative assistance provided for in Articles 102–108 of the Regulation, can serve as data sources for the planning of Article 9(2) controls, which should be complemented by media-screening and horizon-scanning for the identification of emerging risks.

DG SANTE found that training of all control staff is needed to raise awareness of fraudulent practices, assist staff in detecting fraud, and ensure that control staff know what steps need to be taken when a suspicion of fraud arises. In addition, inspectors charged with Article 9(2) controls may require specific training to ensure that the controls are performed effectively.

In most cases the fight against fraudulent and deceptive practices requires close cooperation between different enforcement authorities, including the competent authorities and other law enforcement authorities (police, customs, tax authorities, and prosecution services), to exchange intelligence and experience and to coordinate actions. DG SANTE concluded that having access to specialized food fraud investigation teams of the competent authorities or the police, as well as prosecutors dedicated to agrifood fraud related cases, is an advantage that can help make the fight against fraudulent and deceptive practices more effective.

Although all Member States make use of the EU alert and cooperation network (ACN), which allows authorities to share information or request support from the authorities in another Member State through the IT Rapid Alert System for Food and Feed (iRASFF), DG SANTE found that, in some cases, there were significant delays with replies to other Member States. In other cases, the use of alternative communication channels meant the outcome of investigations were not recorded in iRASFF, leading to a reduced effectiveness of the network.

Feedback from the national courts and the prosecutors on the outcome of the cases was shown to be of high importance in order to allow enforcement authorities to improve and target their controls and investigations. DG SANTE also concluded that all Member States facilitate the reporting of noncompliance (e.g., complaints made by citizens or businesses), as well as follow up with whistleblower information like anonymous tip-offs, when sufficient information is provided to warrant investigations.

Finally, DG SANTE observed that, in most Member States, penalties and sanctions are at the discretion of the courts within the framework of the national legislation. This does not always ensure that the economic gain obtained by the operator through the fraudulent and deceptive practices is sufficiently taken into consideration when imposing penalties. Only two Member States included in the pilot and fact-finding study—Germany and Sweden—have measures in place to ensure financial penalties are sufficiently deterrent.

Based on the findings of DG SANTE, the JRC guidance document includes information on the scope of Article 9(2) of Regulation 2017/625, defining “fraudulent or deceptive practices” as used in Article 9(2) as, essentially, the same as a “fraud notification” within iRASFF. Specifically, this includes “a noncompliance notification in iRASFF concerning suspected intentional action by businesses or individuals for the purpose of deceiving purchasers and gaining undue advantage therefrom, in violation of the rules referred to in Article 1(2) of Regulation (EU) 2017/625.” The guidance also covers how a noncompliance should be categorized if intent is not evident, how to approach fraud within the agrifood chain, and how to design a “proactive, structured and targeted” strategy.

Examples for how key elements of control arrangements for the implementation of Article 9(2) are described in the guidance, specifically for cooperation, risk-based planning, official control, investigation and follow up, training, and awareness-raising activities.

KEYWORDS: EU Europe food fraud guidance

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Fsm purple logo 200x200

The Food Safety Magazine editorial team comprises Bailee Henderson, Digital Editor ✉; Adrienne Blume, M.A., Editorial Director; and Stacy Atchison, Publisher.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • people holding baby chicks

    Serovar Differences Matter: Utility of Deep Serotyping in Broiler Production and Processing

    This article discusses the significance of Salmonella in...
    Contamination Control
    By: Nikki Shariat Ph.D.
  • woman washing hands

    Building a Culture of Hygiene in the Food Processing Plant

    Everyone entering a food processing facility needs to...
    Training
    By: Richard F. Stier, M.S.
  • graphical representation of earth over dirt

    Climate Change and Emerging Risks to Food Safety: Building Climate Resilience

    This article examines the multifaceted threats to food...
    Contamination Control
    By: Maria Cristina Tirado Ph.D., D.V.M. and Shamini Albert Raj M.A.
Manage My Account
  • eMagazine Subscription
  • Subscribe to eNewsletter
  • Manage My Preferences
  • Website Registration
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Food Safety Magazine audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Food Safety Magazine or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • mold
    Sponsored byIFC

    Tackling Mold Remediation in Food Processing Plants

  • a worker in a food processing plant
    Sponsored byLPS® DETEX®

    How a Beverage Facility Improved Food Safety and Compliance with Detectable Packaging Solutions

  • Two men standing in a produce storage facility having a discussion.
    Sponsored byOrkin Commercial

    Staying Compliant With FSMA

Popular Stories

sunflower oil

Louisiana Passes ‘MAHA’ Bill Targeting More Than 40 Ingredients, Including Seed Oils, Dyes, Sweeteners

smoked salmon in oil

Study Shows Food Type Significantly Affects Listeria’s Ability to Survive Digestion, Cause Sickness

Justin Ransom and Denise Eblen

USDA-FSIS Announces Dr. Justin Ransom as New Administrator

Events

July 15, 2025

Hygienic Design Risk Management: Industry Challenges and Global Insights

Live: July 15, 2025 at 11:00 am EDT: From this webinar, attendees will learn the importance of hygienic design to ensure food safety and sanitation effectiveness.

July 22, 2025

Beyond the Binder: Digital Management of Food Safety

Live: July 22, 2025 at 3:00 pm EDT: During this webinar, attendees will learn best practices for the use of digital food safety management systems across industry and regulatory agencies.

August 7, 2025

Achieve Active Managerial Control of Major Risk Factors Using a Food Safety Management System

Live: August 7, 2025 at 2:00 pm EDT: From this webinar, attendees will learn about changes to the FDA Food Code, which now includes a requirement for FSMS. 

View All

Products

Global Food Safety Microbial Interventions and Molecular Advancements

Global Food Safety Microbial Interventions and Molecular Advancements

See More Products
Environmental Monitoring Excellence eBook

Related Articles

  • codex

    Codex Commission Drafting Guidance on Food Fraud

    See More
  • close up hotdog with mustard

    EU Guidance Provides Clarity on Food Hygiene Rules for Cell-Based Meat, Edible Insects

    See More
  • European Commission Issues Draft Bans on Animal Cloning, Clone-derived Food

    See More

Related Products

See More Products
  • 0813808774.jpg

    Improving Import Food Safety

  • 1119258073.jpg

    FSMA and Food Safety Systems: Understanding and Implementing the Rules

  • 1119053595.jpg

    Food Safety for the 21st Century: Managing HACCP and Food Safety throughout the Global Supply Chain, 2E

See More Products

Events

View AllSubmit An Event
  • March 11, 2025

    Change Management of Food Safety Culture: Effective Strategies for Achieving Greatness

    On Demand: During this webinar, attendees will gain practical knowledge on successful food safety culture change programs and transformation journeys from real-world experiences, enabling attendees to navigate challenges and achieve lasting improvements in their FSC initiatives.
View AllSubmit An Event

Related Directories

  • On Target Packaging

    On Target Packaging is a production/maintenance servicer for combination and check weighers. We do not sell or process food, but provide service/repairs, and equipment for the food industry
  • OneVision Corp.

    We develop, manufacture, sell and support can seam inspection and weighing systems to food and beverage canners, can makers, and specialty manufacturers (oil filter, aerosol cans, composite cans). Founded in 1994, we've installed and support more than 350 can seam inspection systems around the world.
  • OneEvent Technologies

    OneEvent provides wireless temperature monitoring of coolers and freezers through a cellular gateway. Data is collected from temperature and door sensors and when a temperature exceeds your pre-set limits, you get notified. And, OneEvent can predict if a unit will exceed its temperature limits up to 30 days in advance.
×

Never miss the latest news and trends driving the food safety industry

eNewsletter | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • eNewsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing