Sudan dyes in chilli imported from India: Guidance notes

The Agency was notified in July 2003 by the European Commission (EC) that products contaminated with Sudan I found in France had been produced in the UK and more recently of products produced in Italy and imported into the UK.

Sudan dyes are not permitted colours under the Colours in Food Regulations 1995. These are red dyes that are used for colouring solvents, oils, waxes, petrol, and shoe and floor polishes. They are considered to be a genotoxic carcinogen and their presence, at any level in food, is not permitted in food for any purpose.

The Spices Board of India subsequently suspended the certificates of registration as exporter of spices of the Indian companies listed in Annex 1 from 13 and 20 June 2003, and action is being taken to cancel their certificate of registration if so required.

An EC Decision, which was made on 21 January 2004, requires that cargoes of dried and crushed or ground chilli and curry powder coming into any EU Member State must now be accompanied by a certificate showing they have been tested and found to be free of Sudan I, Sudan II, Sudan III and Sudan IV.

The Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) (Amendment) Regulations 2004 implementing the EC Decision came into force on 27 January 2004.

Any consignment that does not have a certificate will be detained for sampling and analysis.

The Agency has asked companies to withdraw and recall contaminated products as soon as they are identified. The Agency and local authorities are working together to ensure that any products, which have been identified as containing contaminated chilli powder, are removed from sale and destroyed. Both retail and catering products have been identified as being contaminated.

In addition the FSA are asking all manufacturers who use chilli powder or chilli products as part of the ingredients in their products to ensure that if it was imported from India and supplied to them prior to 27 January 2004 that they must ensure that it has not been contaminated with Sudan I - IV as specified in The Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Amendment) (England) Regulations 2004.

These companies should consider sampling relevant batches in order to ensure that their products are not contaminated.

The FSA would like to be notified of all results whether they are positive or negative, in order to obtain as much information as possible about the distribution of contaminated chilli products.

The contact point in the Agency is:

David Yard
Head of Food Incident Branch,
Emergency Planning, Radiation and Incidents Division.
Tel: 020 7276 8441
Fax: 020 7276 8446
Email: david.yard@foodstandards.gsi.gov.uk

Whilst the Commission Decision does not specify the method of analysis for Sudan I - IV, the use of validated methods by official food control laboratories is an important requirement of the EU Additional Measures Directive 93/99/EEC for food . This Directive also requires that official food control laboratories should be accredited to the ISO/IEC Guide 25 (now the ISO/IEC 17025 Standard). In the UK all chemical analysis food control laboratories are required to have generic accreditation for analytical procedures, including HPLC, as well as for specific methods of analysis.

The FSA are currently carrying out collaborative trials on two methods of analysis which have been developed to determine the presence of Sudan I and details of these two methods, that have been shown to work, are attached below. These methods are also applicable for testing Sudan II and further work is underway to detect Sudan III and IV.

Laboratories carrying out the analysis should comply with these Accreditation Standards and have demonstrated their ability to carry out these particular analyses successfully. In particular they should be able to demonstrate that they can carry out the separation of Sudan I from potentially interfering substances, most notably capsanthin, a carotenoid found naturally in chillies, and which has an absorption maximum very similar to that given for Sudan I (483nm for capsanthin and 478nm for Sudan I).

Foodstuffs containing Sudan I - IV would not be classified as hazardous waste. On this basis, the waste may go to any permitted facility that is authorised to accept non-hazardous waste of this type, including a transfer station, landfill and incinerator.

M/S Gautam Export Corporation
Flat 11-B, 3rd Floor
Koolbreeze CHS Ltd., Plot No K-72
17th Road, Khar (West)
Mumbai – 400 052.

Patons Export Pvt Ltd
10, Koolbreeze CHS Ltd.,
17th Road, Khar (West)
Mumbai – 400 052.

M/s Volga Spices & Masala Mills (P) Ltd
10-A, Tata Mill Compound
Near Elphinston Bridge
Parel,
Mumbai – 400 012.