At what point in the chain does this legislation apply?
The legislation first applies from the point at which unprocessed cereals are placed on the market – ie. at the point the farmer makes them available for sale. Each part of the chain then has an obligation to meet the required levels on all grain it sells on.
From when does this legislation apply?
Legislation for OA is already in force and should be complied with.
Legislation for fusarium toxins in grain for food use applies from 1st July 2006 – with the exception of grain offered for intervention when the rules apply from 1st November 2005 (ie. now in force)
There is currently no date for introducing the guidance levels on fusarium toxins in grain for feed use.
What are company’s obligations?
At each point in the chain the seller has an obligation to meet the requirements of the legislation. Farmers therefore have the first responsibility at the point they put crops on the market. In meeting this obligation a company needs to understand the level or risk posed. On the basis of a risk assessment a sampling and testing protocol can then be developed to demonstrate due diligence and compliance.
What information is available to help a company meet its obligations?
There are two main pieces of work which will deliver information on mycotoxins and the threat in any one particular year:
The first is a risk assessment which RPA will use to determine the level of testing it is required to undertake on all cereals offered into intervention. This will seek to establish, through information provided principally by the owner (grower) of the grain being offered, whether there is a low, medium or high risk of infection. RPA will produce a scoring system against which crops can be assessed – this will include issues such as region, weather, previous cropping etc. It is hoped this scoring system will be published shortly.
The second piece of work is an assessment for DON of samples drawn from flour millers, maltsters and feed compounders. This is part of an ongoing HGCA funded project on contaminant monitoring. Samples will be drawn post harvest and submitted for DON testing, with the results being made available to the industry. This work is seen as central to determining what level of risk can be applied to UK crops and therefore crucial to informing a company’s own risk assessment.
It should be borne in mind however that neither of these pieces of work are likely to yield substantive information until, at the earliest, late October each year.
What are the steps a company can take to show due diligence?
Ensure those responsible for the purchase and sale of grain are aware of the legislation and understand the company’s obligation.
Ensure all suppliers are made aware of their obligations under the legislation, in particular the need to manage their own risk assessment and test according to findings
Monitor, pre-harvest information relating to the threat of fusarium ear blight infection in cereal crops.
In conjunction with farmer suppliers, use of the attached risk model will indicate the level, and targeting, of testing which is required.
What tests are available?
A L Cox & Sons have a dedicated laboratory facility which is fully equipped to test cereals for mycotoxins and to determine their suitability for food industry use. | 
