Food: Deceptions scratch confidence

Dhe speakers at the second Swiss Food Day held by SQS, bio.inspecta and OIC in Lucerne in early summer 2016 explained this and much more to the participants in a professional manner. Renowned experts - food engineers, cantonal chemists and specialist editors from the press and radio - shed light on realities, contradictions and possible developments against the background of the new Food Ordinance. One thing in advance: deception in the food sector exists, but deception must not be allowed!

Trust is the necessary basis
The topic was initiated by two exponents of the industry who need to know exactly what is going on: Felix Müller, member of the management board of the Swiss Association for Quality and Management Systems (SQS), and Ueli Steiner, managing director of bio.inspecta. Both agree: it's all about trust. Ueli Steiner put it this way: "As a community of independent certification bodies, we are obliged to audit and certify our clients honestly, effectively and professionally. The trust created in this way should radiate out into the market via producers and retailers, because credibility is of great importance to consumers before they make a purchasing decision, especially when it comes to certificates and labels in the food sector". According to Felix Müller, a certificate is only as good as the structures and processes behind it. And this is checked annually on the basis of random samples. In this way, an overall picture of the effect of processes is created: "We concentrate on checking systematic procedures that guarantee process security and go beyond a snapshot". "International customers", says Ueli Steiner, "have been reporting all their purchases and sales of goods - organic and conventional - to us since May 2016. Only then can we use traceability software to continuously assess what our customers are doing."

Is the truth often too uncomfortable?
"Even if the entire global harvest of strawberries were used exclusively for yoghurt, that would be just enough to meet a mere 4 % of demand in Europe." With this sobering observation, NZZ-on-Sunday editor Regula Pfister referred to the role of advertising in the food sector. The proportion of fruit in yoghurt is therefore objectively justified small. The co-author of the book "Der Kult um unser Essen: Where it comes from. Why it tastes good. How it seduces us" used this background to show further illustrative examples of how advertising cleverly deals with desire and reality in the food sector. Oliver Fueter, experienced editor of the SRF consumer magazine "Espresso", looked back on 40 years of this consumer institution. The editors are familiar with the type of consumer today from numerous direct contacts. "He is more informed, more critical and more courageous," said Fueter, "but also more disoriented." According to the experience of "Espresso", consumers react particularly sensitively when it comes to health, children, animal welfare and, of course, their own wallets. Consumers expect honest and natural products, communication at eye level and a quick response to criticism and grievances.

False expectations
The protection against deception is based on Art. 1 and 18 of the Foodstuffs Act LMG (see box). According to the Swiss Federal Supreme Court, deceptive within the meaning of these provisions is a designation that is likely to cause confusion among the average public; this applies in particular if an untrue designation of origin is used or the impression is created, contrary to fact, that the product or its raw materials originate from a certain region or that the product meets certain legal quality requirements. "The protection against deception in food law is a tightrope walk," says Dr. Otmar Deflorin, President of the Association of Cantonal Chemists of Switzerland. The top cantonal chemist immediately backed up his statement with some tangible examples from practice. What they all have in common is that a certain level of information on the part of the consumer is assumed or the motivation exists

to familiarize themselves with the matter on the basis of the detailed information on the product. This is probably not the case in everyday life. Thus, according to Deflorin, misconceptions about origin, composition and production method usually remain in the room.

• Example "Le Gruyère Switzerland": This cheese has the protected designation of origin AOP=GUB. According to this, Gruyère cheese does not only come from the Gruyère region, but is also produced in Pruntrut, in Fribourg or in the Neuchâtel Jura.
• Example Bündnerfleisch: Here the IGP=GGA (Protected Geographical Indication) applies. Here it is legal to offer meat from South America or Europe that is dried in Switzerland as Bündnerfleisch.
• Example eggs: According to the Hygiene Ordinance of the FDHA Art. 54, eggs may be sold to consumers for a maximum of 21 days after laying.
• Example wine: Annex 2 to the FDHA Ordinance on Alcoholic Beverages states on "Permitted oenological practices and processes and their limits and conditions": Clarification by one or more of the following oenological substances: 1. edible gelatine, 2. proteins of plant origin from wheat or peas, 3. isinglass, 4. casein and potassium caseinates, 5. egg albumin, 6. bentonite, 7. silica in the form of gel or colloidal solution, 8. kaolin clay, 9. tannin, 10. chitosan from mushrooms, 11. chitin-glucan from mushrooms.

Illegally deceived
According to the LMG, however, the following are prohibited in particular:

• Presentations of any kind that give a food the appearance of a remedy;
• indications which attribute to a foodstuff the properties of preventing, treating or curing a human disease, or which give the impression that such properties exist; according to Art. 48 LMG, anyone who intentionally makes false or deceptive statements about foodstuffs is liable to a fine of up to 40,000 Swiss francs.
• Example calcium: "Calcium is needed to maintain normal bones" (O.K.); "Milk helps against osteoporosis" (forbidden).
• Example vitamin C: "Vitamin C contributes to a normal function of the immune system" (O.K.); "Vitamin C helps against scurvy" (forbidden)

Representative sampling against deception
Dr. Helmut Kandler, deputy cantonal chemist, Zug, quoted from Art. 61 LGV Lebensmittelbuch. This contains recommendations for the examination and assessment of foodstuffs and commodities. The recommended sampling and analysis methods must comply with internationally recognised rules or protocols, namely those of the CEN, the ISO or the Codex Alimentarius or other methods suitable for the purpose or developed in accordance with scientific protocols. A sample is representative if it allows conclusions to be drawn about the population of the lot. According to Kandler, sampling has been increasingly improved and regulated over the past 20 years. This has led to noticeable improvements. Representative sampling and sample preparation can be time-consuming and cost-intensive. Origin controls are highly expedient. In particular, these require complete and traceable documentation (certificate of analysis + sampling protocol). Kandler is convinced that "the costs resulting from improper sampling procedures often exceed the costs for a proper sampling procedure considerably".

Anonymous raw materials: Are flow of goods checks on imports trustworthy?
For food engineer Philip Albrecht, one thing is certain: "Those who maintain good and fair trade relations with their suppliers over the long term protect themselves as well as possible from abuse and thus ensure economic success." This attitude is important, he says, because in the future consumers will increasingly demand transparent markets. In this context, it is helpful to base trust-building on three factors: people, the supply chain and paper. When it comes to people, it is important to know your business partners well, to understand other cultures and to involve all stakeholders in the processes. For the supply chain, he recommends: creating transparency, choosing direct sources of supply, implementing risk management, including social control, managing the flow of goods, and taking environmental influences into account. Finally, the "paper", the document, should be questioned with regard to the reliability and reputation of the inspection body, the competence of the inspector, the representativeness and the interpretation of the results. According to Albrecht, flow-of-goods audits are useful if there is a safeguard against third-party interference and the third-party audit is independent. And he stresses: "Criminal energy cannot be eliminated by certificates."