October 1, 2012

EU fails to approve draft lactic acid regulation

EU member state representatives failed to approve a draft regulation on allowing the use of lactic acid in beef processing sold in the EU, deferring a potential decision on the matter to the Council of Ministers.

Member state experts met in Brussels on September 21 as part of the Standing Committee on the Food Chain and Animal Health did not vote on the regulation because there was not a qualified majority in favour of approving it, Frederic Vincent, a spokesman for European Commissioner for Health and Consumer Policy John Dalli, said on September 24.

Vincent said the lactic acid regulation is "likely to be put on the agenda" of the Agriculture Council this fall. But he noted that in the event the council is also not able to reach a decision on this matter, the commission would then have final say about whether to approve the draft regulation it has proposed to member states.

The fact that the lactic acid regulation is now being elevated to the council level signals that the commission is not interested in making further changes to appease member states, some of whom oppose the use of antimicrobial washes such as lactic acid. These member states believe current EU food safety protections are sufficient and that introducing such washes would lead to a reduction in hygiene in beef processing.

The commission has already revised the regulation several times, apparently in an attempt to find a middle ground between the demands of EU member states and the US. The US has signalled it would be willing to support the fourth draft of the regulation currently on the table even though it opposes certain limitations contained in the draft.

The lactic acid regulation is important because of its informal linkage to a 2009 bilateral memorandum of understanding (MOU) between the US and EU on beef trade. In accordance with the second phase of the MOU, the EU on July 1 opened an increased tariff-rate quota (TRQ) for beef not treated with artificial growth hormones that is expected to be filled largely by the US. However, the Obama administration has taken the position that failure by the EU to approve the lactic acid wash would make it impossible for the US to take advantage of the larger quota since lactic acid is widely used by US beef processors.