Legislation:

Maximum levels of aflatoxins (aflatoxins B1, B2, G1, G2 and M1) are laid down in Commission Regulation (EC) No 1881/2006 as amended by Commission Regulation (EU) No 165/2010.

Provisions for methods of sampling and analysis for the official control of mycotoxins including aflatoxins are laid down in Commission Regulation (EC) No 401/2006 as amended by Commission Regulation (EU) No 178/2010

Safeguard decisions as regards aflatoxins

Special conditions governing certain foodstuffs imported from certain third countries due to contamination risks of these products by aflatoxins are laid down in Commission Regulation (EC) No 1152/2009

In order to assist the competent authorities on the official control of aflatoxin contamination in food products which are subject to Commission Regulation (EC) 1152/2009, a guidance document "Guidance document for competent authorities for the control of compliance with EU legislation on aflatoxins" has been elaborated. This document is also applicable for the control of aflatoxins in food products not subject to the safeguard Regulation .

Approval of pre-export control on aflatoxins in peanuts from US

Article 23 of Regulation (EC) No 882/2004 provides that pre-export checks carried out by a third country on feed and food immediately prior to export to the Community with a view of verifying that the exported products comply with the Community requirements may be approved. Such an EC approval of pre-export controls has as consequence that these pre-export controls replace or reduce the documentary, identity and physical controls at import into the EC. An FVO inspection carried out in September 2006 concluded that the US have a well defined control system for aflatoxin levels in peanuts and well performing approved laboratories. Therefore approval of pre-export control was granted by Commission Decision 2008/47/EC in December 2007. As these pre-export controls replace effectively and reliably the controls at import this should result in a significant decrease of controls at import.

Scientific opinions:

The Scientific Committee on Food (SCF) adopted on 23 September 1994 an opinion (6 MB) on toxicological safety of aflatoxins B1, B2, G1, G2 and M1.

In addition, the European Food Safety Authority (EFSA) has adopted on 3 February 2004 an opinion related to aflatoxin B1 as undesirable substance in animal feed.

EFSA adopted on 29 January 2007 an opinion related to the potential increase of consumer health risk by a possible increase of the existing maximum levels for aflatoxins in almonds, hazelnuts and pistachios and derived products.

EFSA adopted on 16 June 2009 a statement related to the effects on public health of an increase of the levels for aflatoxin total from 4 µg/kg to 10 µg/kg for tree nuts other than almonds, hazelnuts and pistachios