Which food products must comply with the microbiological criteria from the Commodities Act Decree (WBBL)?

The Commodities Act Decree on the Preparation and Handling of Food Products (WBBL) sets microbiological criteria for pathogenic micro-organisms, insofar as these are not already laid down in Regulation (EC) 2073/2005. Article 4 has been rewritten in this respect. In practice, this Article 4 raises many questions. This concerns, in particular, the following sentence from point 3 of Article 4, on the exceptions to this Commodities Act Decree: 

“…niet van toepassing op eet- en drinkwaren die geen kiemreducerende behandeling hebben ondergaan en bij normaal gebruik pas worden geconsumeerd nadat de eindgebruiker daarop verhitting of een andere bewerking heeft toegepast die pathogene micro-organismen reduceren tot niet-schadelijke hoeveelheden.”

The suggestion now seems to be that a food product must both already have undergone a treatment, and be reheated again by the consumer. That is different from earlier interpretations. What exactly does this mean and how do you determine whether a product does or does not need to comply with the criteria? 

Explanation from the Government Gazette 

Fortunately, the Government Gazette (Stb. 2024, 180) provides more clarity on the interpretation of this exception. 

Food products that do not need to comply with the criteria: 

• Raw, unprocessed food that is normally always heated by the consumer before consumption (such as green beans, other dried pulses, Brussels sprouts);
• Products that are still heated or given a germ-reducing treatment by a food business (such as vegetables for the canning industry).

Food products that do need to comply with the criteria: 

• Products that have already been heated or given a germ-reducing treatment (such as canned goods, pasteurised products, ready-to-eat meals); 
• Products that are (sometimes or often) consumed without further treatment (such as raw milk, unpasteurised juices and raw vegetables/salads). 

View the full decision in the Government Gazette

How do you substantiate a microbiological risk? 

Note: Complying with the criteria does not automatically mean a product must be analysed for every parameter. Based on product-specific substantiation, actual hazards can be identified. Think of factors such as: 

• pH value 
• aW (water activity) 
• Germ-reducing treatment 
• Risk of post-contamination