식약처의 움직임과 기대치

식약처장 "계란 위생·안전 종합대책 이르면 7월 발표

 

연합뉴스 2016.4.22

 

 

"불량식품 제조업자 시장에서 영구 퇴출"

 

(뉴욕=연합뉴스) 김예나 기자 = 분변이 묻거나 깨지는 등 위생과 안전에서 문제가 제기돼온 계란의 유통구조가 개선될 전망이다.

 

손문기 식품의약품안전처장은 21일(현지시간) "계란의 안전성을 한 단계 높일 수 있는 종합대책을 수립해 이르면 7월께 발표할 것"이라고 말했다.

 

손 처장은 "계란이 농가에서 유통·공급되는 체계를 분석하고 이 과정에서 지켜야 할 사항을 구체적으로 마련할 예정"이라면서 "관계부처, 해당 농가와 지속해서 협업하겠다"고 강조했다.

 

손 처장은 이날 미국 뉴욕에서 연합뉴스와 가진 인터뷰에서 불량식품 근절, 불법 도매 수집상 단속 등 식약처의 향후 식품 안전관리 대책을 설명하며 이같이 밝혔다.

 

그는 뉴욕 유엔(UN)본부에서 열리는 '세계 마약 문제에 대한 유엔총회 특별회기'(UNGASS)에 한국 대표단 자격으로 참석하고자 지난 19일(현지시간) 뉴욕을 찾았다.

 

그간 계란은 세척 및 보관·유통 기준이 일괄되지 않아 관리에 미흡한 부분이 있었다. 또한, 불량 계란을 수집·보관·판매하는 문제 역시 여러 차례 지적됐다.

 

손 처장은 "계란 자체는 있는 그대로 둬야, 즉 표면의 큐티클이라는 천연 보호막을 그대로 둬야만 계란의 신선도, 안전성을 유지하면서 보관할 수 있다"고 강조했다.

 

  > (의견) 계란 자체를 있는 그대로 두어야 할 것과 반드시 씻어야 하는 것으로 구분했으면 싶다. 그 다음에 씻은 것과 안 씻은 것의 유통기한을 달리 정하면 좋겠다. 이와관련, 1500여 산란계 농장 중 대규모 외의, 절대 다수를 차지하는 소규모 농가를 방문하여 그 현장 실태를 눈여겨 보길 바란다. 과연 그들이 생산한 계란을 "있는 그대로" 유통하는 것이 바람직한지, "반드시 씻어야 하는지" 눈여겨 보길 바란다.

 

 

그러면서 그는 "만약 분변이 묻었거나 오염돼 표면을 씻은 경우에는 세척 방법과 보관 온도 등을 제시해 유통 과정의 추가 오염을 막겠다는 취지"라고 덧붙였다.

 

손 처장은 식품 안전관리의 중요성을 거듭 강조했다. 그는 보건복지부 식품정책과장과 식약처 식품안전국장, 소비자 위해예방국장 등을 거친 식품 분야 전문가다.

 

손 처장은 "불량식품을 만드는 사람을 끝까지 관리해 시장에서 영구적으로 퇴출할 수 있도록 법·제도나 시스템을 더욱 강화할 계획"이라고 설명했다.

 

이어 "식품위생법, 식품안전기본법, 축산물 위생관리법 등 여러 법률에 흩어져 있는 식품표시·광고 규정을 하나로 통합하는 식품표시법을 제정할 것"이라고 말했다.

 

  > (의견) 법률은 지켜야 하는 사람과 관리하는 사람이 편리하게 찾아보기 쉽도록 구성되어야 한다. 그 방향에서 미국 CFR 식품법령체계(아래 참고1)과 EU(아래 참고2)의 통합법령 예를 참고할 만하다. 통합한다면 그 효과는 얼마나 될까? 이미 익숙한 법령체계에서 떼어낸 통합혜택이 극대화 되기 위해서는 Labeling Act 관점의 연관 실행지침까지 연결지어 주어야 한다. 표시하기 위한 방법부터 표시한 상품의 취급과 보관에 대해.

 

 

손 처장은 햄·소시지 등 가공육과 적색육(붉은 고기)에 대한 계획도 내놓았다.

 

앞서 세계보건기구(WHO) 산하 국제암연구소(IARC)는 가공육을 '1군 발암 물질'로 지정하고 매일 50ｇ의 가공육을 먹으면 직장암에 걸릴 위험이 18% 높아진다고 경고했다.

 

손 처장은 "한국보건산업진흥원에서 가공육 및 적색육 섭취 실태를 조사 중"이라며 "오는 6월 고위험군부터 국내 적정 섭취 권고 가이드라인을 제시할 것"이라고 말했다.

다만 "섭취 권고 가이드라인은 성별, 연령별로 평균 체중과 대비해 비교해야 한다"면서 "IARC의 세부 보고서 등을 참고해 소비자가 알기 쉽게 표현할 것"이라고 말했다.

 

  > (의견) 과연 미국식, 또는 유럽식 "적색경보(가공육 및 적색육 섭취)"에 대해 설레발 칠 일인가 부터 따져볼 필요가 있다. 혹시나, 채소와 장류 등과 함께 섭취하는 방법 상의 계도가 필요한 일은 아닌지, 막연히 고기량 만 놓고 하루 중 또는 1주일 중 몇 회, 얼마만큼 섭취해야 한다는 제시가 과연 올바른 것일까?  당연히 고위험군에 대한 관리와 저위험군에 대한 경고는 필요하다. 그렇지만, 전 국민 대비 고-저 위험군이 과연 얼마나 될 것인가? 혹시나, 국민 모두 위험군이라고 보는 건 아닐텐데 과연 대국민에게 잘못 알려 쓸데없는 걱정과 기우로 인해 편식을 제공하는 일이 없기를 기대한다. 우리는 고기를 좋아한다. "아직도" 라는 말이 어울릴까? "아직은" 이라는 말이 어울릴까? 아직도 섭취하는 사람들은 앞서 말한 위험군에 속할 가능성이 크다. 그렇지만 아직은 이라는 사람들은 글쎄, 과연 위험군일까?

 결국, 말하고자 하는 요지는 고기 섭취에 대해 (생활수준이든, 섭취의향이든 상관없이) 아직은 이라고 생각하는 사람들이 많다면 그저 읽어보고 주의할 사람들만 주의하면 족할 일일 수 있다. 즉, 그 가이드가 필요한 대상부터 분명히 정해보자.

 

  "고기는 나빠", "암을 유발한데" 하는 식의 획일적 사고는 부자연스런 식습관을 만들어낼 테고 그로인한 갈등은 결국 찬반으로 갈리고 말 것이다. 아무리 토론문화가 필요하다고 하더라도 좋은 건 좋은 것이고, 좋기 위한 정도가 필요하다면 그 정도를 알려주면 족할 일인데 좋은 것이 나빠지는 경우가 생기기도 한다. 이번은 그런 일이 발생하지 않기를 바라본다.

 

 

참고 1. 미국의 CFR 규정체계... 찾아보기 쉽다. 일목요연하다.

 

Subpart B [Reserved]

Section Contents
Subpart A—General Provisions
Definitions§ 65.100   Act.§ 65.105   AMS.§ 65.110   Beef.§ 65.115   Born.§ 65.120   Chicken.§ 65.125   Commingled covered commodities.§ 65.130   Consumer package.§ 65.135   Covered commodity.§ 65.140   Food service establishment.§ 65.145   Ginseng.§ 65.150   Goat.§ 65.155   Ground beef.§ 65.160   Ground chicken.§ 65.165   Ground goat.§ 65.170   Ground lamb.§ 65.175   Ground pork.§ 65.180   Imported for immediate slaughter.§ 65.185   Ingredient.§ 65.190   Lamb.§ 65.195   Legible.§ 65.205   Perishable agricultural commodity.§ 65.210   Person.§ 65.215   Pork.§ 65.218   Pre-labeled.§ 65.220   Processed food item.§ 65.225   Produced.§ 65.230   Production step.§ 65.235   Raised.§ 65.240   Retailer.§ 65.245   Secretary.§ 65.250   Slaughter.§ 65.255   United States.§ 65.260   United States country of origin.§ 65.265   USDA.Country of Origin Notification§ 65.300   Country of origin notification.§ 65.400   Labeling.Recordkeeping§ 65.500   Recordkeeping requirements.
Subpart B [Reserved]

 

Authority:   7 U.S.C. 1621 et seq.
Source:   74 FR 2704, Jan. 15, 2009, unless otherwise noted.
Subpart A—General Provisions
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Definitions
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§ 65.100   Act.
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Act means the Agricultural Marketing Act of 1946, (7 U.S.C. 1621 et seq. ).
§ 65.105   AMS.
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AMS means the Agricultural Marketing Service, United States Department of Agriculture.
§ 65.110   Beef.
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Beef means meat produced from cattle, including veal.
§ 65.115   Born.
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Born in the case of chicken means hatched from the egg.
§ 65.120   Chicken.
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Chicken has the meaning given the term in 9 CFR 381.170(a)(1).
§ 65.125   Commingled covered commodities.
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Commingled covered commodities means covered commodities (of the same type) presented for retail sale in a consumer package that have been prepared from raw material sources having different origins.
§ 65.130   Consumer package.
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Consumer package means any container or wrapping in which a covered commodity is enclosed for the delivery and/or display of such commodity to retail purchasers.
§ 65.135   Covered commodity.
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(a) Covered commodity means:
(1) Muscle cuts of beef, lamb, chicken, goat, and pork;
(2) Ground beef, ground lamb, ground chicken, ground goat, and ground pork;
(3) Perishable agricultural commodities;
(4) Peanuts;
(5) Macadamia nuts;
(6) Pecans; and
(7) Ginseng.
(b) Covered commodities are excluded from this part if the commodity is an ingredient in a processed food item as defined in §65.220.
§ 65.140   Food service establishment.
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Food service establishment means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public. Similar food service facilities include salad bars, delicatessens, and other food enterprises located within retail establishments that provide ready-to-eat foods that are consumed either on or outside of the retailer's premises.
§ 65.145   Ginseng.
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Ginseng means ginseng root of the genus Panax.
§ 65.150   Goat.
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Goat means meat produced from goats.
§ 65.155   Ground beef.
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Ground beef has the meaning given that term in 9 CFR 319.15(a), i.e., chopped fresh and/or frozen beef with or without seasoning and without the addition of beef fat as such, and containing no more than 30 percent fat, and containing no added water, phosphates, binders, or extenders, and also includes products defined by the term “hamburger” in 9 CFR 319.15(b).
§ 65.160   Ground chicken.
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Ground chicken means comminuted chicken of skeletal origin that is produced in conformance with all applicable Food Safety and Inspection Service labeling guidelines.
§ 65.165   Ground goat.
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Ground goat means comminuted goat of skeletal origin that is produced in conformance with all applicable Food Safety and Inspection Service labeling guidelines.
§ 65.170   Ground lamb.
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Ground lamb means comminuted lamb of skeletal origin that is produced in conformance with all applicable Food Safety and Inspection Service labeling guidelines.
§ 65.175   Ground pork.
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Ground pork means comminuted pork of skeletal origin that is produced in conformance with all applicable Food Safety and Inspection Service labeling guidelines.
§ 65.180   Imported for immediate slaughter.
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Imported for immediate slaughter means imported into the United States for “immediate slaughter” as that term is defined in 9 CFR 93.400, i.e., consignment directly from the port of entry to a recognized slaughtering establishment and slaughtered within 2 weeks from the date of entry.
§ 65.185   Ingredient.
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Ingredient means a component either in part or in full, of a finished retail food product.
§ 65.190   Lamb.
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Lamb means meat produced from sheep.
§ 65.195   Legible.
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Legible means text that can be easily read.
§ 65.205   Perishable agricultural commodity.
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Perishable agricultural commodity means fresh and frozen fruits and vegetables of every kind and character that have not been manufactured into articles of a different kind or character and includes cherries in brine as defined by the Secretary in accordance with trade usages.
§ 65.210   Person.
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Person means any individual, partnership, corporation, association, or other legal entity.
§ 65.215   Pork.
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Pork means meat produced from hogs.
§ 65.218   Pre-labeled.
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Pre-labeled means a covered commodity that has the commodity's country of origin and the name and place of business of the manufacturer, packer, or distributor on the covered commodity itself, on the package in which it is sold to the consumer, or on the master shipping container. The place of business information must include at a minimum the city and state or other acceptable locale designation.
§ 65.220   Processed food item.
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Processed food item means a retail item derived from a covered commodity that has undergone specific processing resulting in a change in the character of the covered commodity, or that has been combined with at least one other covered commodity or other substantive food component (e.g., chocolate, breading, tomato sauce), except that the addition of a component (such as water, salt, or sugar) that enhances or represents a further step in the preparation of the product for consumption, would not in itself result in a processed food item. Specific processing that results in a change in the character of the covered commodity includes cooking (e.g., frying, broiling, grilling, boiling, steaming, baking, roasting), curing (e.g., salt curing, sugar curing, drying), smoking (hot or cold), and restructuring (e.g., emulsifying and extruding). Examples of items excluded include teriyaki flavored pork loin, roasted peanuts, breaded chicken tenders, and fruit medley.
§ 65.225   Produced.
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Produced in the case of a perishable agricultural commodity, peanuts, ginseng, pecans, and macadamia nuts means harvested.
§ 65.230   Production step.
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Production step means, in the case of beef, pork, goat, chicken, and lamb, born, raised, or slaughtered.
§ 65.235   Raised.
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Raised means, in the case of beef, pork, chicken, goat, and lamb, the period of time from birth until slaughter or in the case of animals imported for immediate slaughter as defined in §65.180, the period of time from birth until date of entry into the United States.
§ 65.240   Retailer.
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Retailer means any person licensed as a retailer under the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)).
§ 65.245   Secretary.
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Secretary means the Secretary of Agriculture of the United States or any person to whom the Secretary's authority has been delegated.
§ 65.250   Slaughter.
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Slaughter means the point in which a livestock animal (including chicken) is prepared into meat products (covered commodities) for human consumption. For purposes of labeling under this part, the word harvested may be used in lieu of slaughtered.
§ 65.255   United States.
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United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the United States.
§ 65.260   United States country of origin.
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United States country of origin means in the case of:
(a) Beef, pork, lamb, chicken, and goat:
(1) From animals exclusively born, raised, and slaughtered in the United States;
(2) From animals born and raised in Alaska or Hawaii and transported for a period of not more than 60 days through Canada to the United States and slaughtered in the United States; or
(3) From animals present in the United States on or before July 15, 2008, and once present in the United States, remained continuously in the United States.
(b) Perishable agricultural commodities, peanuts, ginseng, pecans, and macadamia nuts: from products produced in the United States.
§ 65.265   USDA.
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USDA means the United States Department of Agriculture.
Country of Origin Notification
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§ 65.300   Country of origin notification.
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In providing notice of the country of origin as required by the Act, the following requirements shall be followed by retailers:
(a) General. Labeling of covered commodities offered for sale whether individually, in a bulk bin, carton, crate, barrel, cluster, or consumer package must contain country of origin as set forth in this regulation.
(b) Exemptions. Food service establishments as defined in §65.135 are exempt from labeling under this subpart.
(c) Exclusions. A covered commodity is excluded from this subpart if it is an ingredient in a processed food item as defined in §65.220.
(d) Labeling Covered Commodities of United States Origin . A covered commodity may bear a declaration that identifies the United States as the sole country of origin at retail only if it meets the definition of United States country of origin as defined in §65.260.
(e) Labeling Muscle Cut Covered Commodities of Multiple Countries of Origin that include the United States. (1) For muscle cut covered commodities derived from animals that were born in Country X or (as applicable) Country Y, raised and slaughtered in the United States, and were not derived from animals imported for immediate slaughter as defined in §65.180, the origin may be designated as Product of the United States, Country X, and (as applicable) Country Y.
(2) For muscle cut covered commodities derived from animals born, raised, and slaughtered in the U.S. that are commingled during a production day with muscle cut covered commodities described in §65.300(e)(1), the origin may be designated as Product of the United States, Country X, and (as applicable) Country Y.
(3) If an animal was imported into the United States for immediate slaughter as defined in §65.180, the origin of the resulting meat products derived from that animal shall be designated as Product of Country X and the United States.
(4) For muscle cut covered commodities derived from animals that are born in Country X or Country Y, raised and slaughtered in the United States, that are commingled during a production day with muscle cut covered commodities that are derived from animals that are imported into the United States for immediate slaughter as defined in §65.180, the origin may be designated as Product of the United States, Country X, and (as applicable) Country Y. In each case of paragraphs (e)(1), (e)(2), and (e)(4) of this section, the countries may be listed in any order. In addition, the origin declaration may include more specific information related to production steps provided records to substantiate the claims are maintained and the claim is consistent with other applicable Federal legal requirements.
(f) Labeling Imported Covered Commodities. Imported covered commodities for which origin has already been established as defined by this law (e.g., born, raised, and slaughtered or produced) and for which no production steps have occurred in the United States, shall retain their origin, as declared to U.S. Customs and Border Protection at the time the product entered the United States, through retail sale.
(g) Labeling Commingled Covered Commodities. In the case of perishable agricultural commodities; peanuts; pecans; ginseng; and macadamia nuts: For imported covered commodities that have not subsequently been substantially transformed in the United States that are commingled with covered commodities sourced from a different origin that have not been substantially transformed (as established by CBP) in the United States, and/or covered commodities of United States origin, the declaration shall indicate the countries of origin in accordance with existing Federal legal requirements.
(h) Labeling Ground Beef, Ground Pork, Ground Lamb, Ground Goat, and Ground Chicken. The declaration for ground beef, ground pork, ground lamb, ground goat, and ground chicken covered commodities shall list all countries of origin contained therein or that may be reasonably contained therein. In determining what is considered reasonable, when a raw material from a specific origin is not in a processor's inventory for more than 60 days, that country shall no longer be included as a possible country of origin.
(i) Remotely Purchased Products. For sales of a covered commodity in which the customer purchases a covered commodity prior to having an opportunity to observe the final package (e.g., Internet sales, home delivery sales, etc.), the retailer may provide the country of origin notification either on the sales vehicle or at the time the product is delivered to the consumer.
§ 65.400   Labeling.
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(a) Country of origin declarations can either be in the form of a placard, sign, label, sticker, band, twist tie, pin tag, or other format that allows consumers to identify the country of origin. The declaration of the country of origin of a product may be in the form of a statement such as “Product of USA,” “Produce of the USA”, or “Grown in Mexico,” may only contain the name of the country such as “USA” or “Mexico,” or may be in the form of a check box provided it is in conformance with other Federal labeling laws.
(b) The declaration of the country of origin (e.g., placard, sign, label, sticker, band, twist tie, pin tag, or other display) must be legible and placed in a conspicuous location, so as to render it likely to be read and understood by a customer under normal conditions of purchase.
(c) The declaration of country of origin may be typed, printed, or handwritten provided it is in conformance with other Federal labeling laws and does not obscure other labeling information required by other Federal regulations.
(d) A bulk container (e.g., display case, shipper, bin, carton, and barrel) used at the retail level to present product to consumers, may contain a covered commodity from more than one country of origin provided all possible origins are listed.
(e) In general, country abbreviations are not acceptable. only those abbreviations approved for use under Customs and Border Protection rules, regulations, and policies, such as “U.K.” for “The United Kingdom of Great Britain and Northern Ireland”, “Luxemb” for Luxembourg, and “U.S. or USA” for the “United States of America” are acceptable. The adjectival form of the name of a country may be used as proper notification of the country of origin of imported commodities provided the adjectival form of the name does not appear with other words so as to refer to a kind or species of product. Symbols or flags alone may not be used to denote country of origin.
(f) Domestic and imported perishable agricultural commodities, peanuts, pecans, macadamia nuts, and ginseng may use State, regional, or locality label designations in lieu of country of origin labeling. Abbreviations may be used for state, regional, or locality label designations for these commodities whether domestically harvested or imported using official United States Postal Service abbreviations or other abbreviations approved by CBP.
Recordkeeping
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§ 65.500   Recordkeeping requirements.
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(a) General. (1) All records must be legible and may be maintained in either electronic or hard copy formats. Due to the variation in inventory and accounting documentary systems, various forms of documentation and records will be acceptable.
(2) Upon request by USDA representatives, suppliers and retailers subject to this subpart shall make available to USDA representatives, records maintained in the normal course of business that verify an origin claim. Such records shall be provided within 5 business days of the request and may be maintained in any location.
(b) Responsibilities of suppliers. (1) Any person engaged in the business of supplying a covered commodity to a retailer, whether directly or indirectly, must make available information to the buyer about the country(ies) of origin of the covered commodity. This information may be provided either on the product itself, on the master shipping container, or in a document that accompanies the product through retail sale. In addition, the supplier of a covered commodity that is responsible for initiating a country(ies) of origin claim, which in the case of beef, lamb, chicken, goat, and pork is the slaughter facility, must possess records that are necessary to substantiate that claim for a period of 1 year from the date of the transaction. For that purpose, packers that slaughter animals that are tagged with an 840 Animal Identification Number device without the presence of any additional accompanying marking (i.e., “CAN” or “M”) may use that information as a basis for a U.S. origin claim. Packers that slaughter animals that are part of another country's recognized official system (e.g., Canadian official system, Mexico official system) may also rely on the presence of an official ear tag or other approved device on which to base their origin claims. Producer affidavits shall also be considered acceptable records that suppliers may utilize to initiate origin claims, provided it is made by someone having first-hand knowledge of the origin of the covered commodity and identifies the covered commodity unique to the transaction. In the case of cattle, producer affidavits may be based on a visual inspection of the animal to verify its origin. If no markings are found that would indicate that the animal is of foreign origin (i.e., “CAN” or “M”), the animal may be considered to be of U.S. origin.
(2) Any intermediary supplier handling a covered commodity that is found to be designated incorrectly as to the country of origin shall not be held liable for a violation of the Act by reason of the conduct of another if the intermediary supplier relied on the designation provided by the initiating supplier or other intermediary supplier, unless the intermediary supplier willfully disregarded information establishing that the country of origin declaration was false.
(3) Any person engaged in the business of supplying a covered commodity to a retailer, whether directly or indirectly (i.e., including but not limited to growers, distributors, handlers, packers, and processors), must maintain records to establish and identify the immediate previous source (if applicable) and immediate subsequent recipient of a covered commodity for a period of 1 year from the date of the transaction.
(4) For an imported covered commodity (as defined in §65.300(f)), the importer of record as determined by CBP, must ensure that records: provide clear product tracking from the port of entry into the United States to the immediate subsequent recipient and accurately reflect the country of origin of the item as identified in relevant CBP entry documents and information systems; and must maintain such records for a period of 1 year from the date of the transaction.
(c) Responsibilities of retailers. (1) In providing the country of origin notification for a covered commodity, in general, retailers are to convey the origin information provided by their suppliers. only if the retailer physically commingles a covered commodity of different origins in preparation for retail sale, whether in a consumer-ready package or in a bulk display (and not discretely packaged) (i.e., full service meat case), can the retailer initiate a multiple country of origin designation that reflects the actual countries of origin for the resulting covered commodity.
(2) Records and other documentary evidence relied upon at the point of sale to establish a covered commodity's country(ies) of origin must either be maintained at the retail facility or at another location for as long as the product is on hand and provided to any duly authorized representative of USDA in accordance with §65.500(a)(2). For pre-labeled products, the label itself is sufficient information on which the retailer may rely to establish the product's origin and no additional records documenting origin information are necessary.
(3) Any retailer handling a covered commodity that is found to be designated incorrectly as to the country of origin shall not be held liable for a violation of the Act by reason of the conduct of another if the retailer relied on the designation provided by the supplier, unless the retailer willfully disregarded information establishing that the country of origin declaration was false.
(4) Records that identify the covered commodity, the retail supplier, and for products that are not pre-labeled, the country of origin information must be maintained for a period of 1 year from the date the origin declaration is made at retail.
Subpart B [Reserved]

 

> 관련파일 : CFR 2010.4.zip

 

 

참고 2. EU의 통합법령 예

 

COUNCIL REGULATION (EC) No 1234/2007 of 22 October 2007

establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1)

 

> 관련파일 : EU CMO규정 통합버전 2007 1234(20100520).pdf

 

CFR 2010.4.zip

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EU CMO규정 통합버전 2007 1234(20100520).pdf

0.91MB