38Bellio Fratelli submits that the Community rules must be interpreted as meaning that a certain tolerance of accidental contamination should be acceptable. It refers in that connection to the rules on genetically modified organisms (‘GMOs’), which provide for a level of tolerance of contamination of 1%, and more particularly to Council Regulation (EC) No 1139/98 of 26 May 1998 concerning the compulsory indication on the labelling of certain foodstuffs produced from genetically modified organisms of particulars other than those provided for in Directive 79/112/EEC (OJ 1998 L 159, p. 4), and to Commission Regulation (EC) No 49/2000 of 10 January 2000 amending Council Regulation (EC) No 1139/98 (OJ 2000 L 6, p. 13). Analysis of the fish flour is not capable of determining whether it constitutes a health risk since the mammalian fragments could come from animals not ‘at risk’, such as whale or rat. Moreover, this is a foodstuff intended for consumption not by humans as was so in Case C-121/00 Hahn [2002] ECR I-9193, but by pigs, which have never been shown to contract BSE. Bellio Fratelli concludes that the sanction imposed by the Prefettura di Treviso of destruction of the product is contrary to the Community rules and, in any event, disproportionate having regard to the objective of the protection of public health.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.