In April 2018, Dutch newspaper de Volkskrant wrote that the Dutch food safety authority (NVWA) would start implementing the EU regulation on added water to meat and fish products more strictly from 11 July, 2018, onwards, after it was discovered that added water was often not correctly declared on as an ingredient on the label. The European regulation on the provision of food information to consumers (regulation (EU) no. 1169/2011) requires for all packaged products to have a declaration of ingredients. In the case of fish, for instance, this entails a declaration of the amount of fish present as a percentage of the product’s final weight. However, as there is no clear definition of the natural water content of fish and shrimp, measuring the added water is difficult. This is not a new issue. Already in 2014, Saskia van Ruth, professor of food authenticity at Wageningen university in the Netherlands, expressed the “growing concern regarding the correct composition and labelling of seafood.” Today, this issue is at the top of the agenda of EU shrimp importers since authorities in the Netherlands and in Germany have recently started to enforce the regulations more stringently.
Labelling requirements vs. recommendations in the Netherlands and Germany
The NVWA’s spokesperson explained to ShrimpTails that when speaking of unprocessed fish or shrimp products in the Netherlands, the current regulations specify that water should always be mentioned on the ingredient list in the order of its share of the total weight of the product compared to other ingredients. If, for example, 8 percent water is added, the label should read 92 percent shrimp, water, followed by any other ingredients. In the case of processed fish or shrimp products, if less than 5 percent water is added, the order in which water is mentioned on the ingredient list is not important.
However, if more than 5 percent water is added, water should not only be mentioned in the right order on the ingredient list, but it also has to be stated explicitly in the name of the product, which should read, for example, “shrimp with added water.” As of 11 July 2018, these regulations are being implemented more strictly.
In Germany, they take it a step further. A ShrimpTails source explains that the state level veterinary experts there have made slightly different recommendations to the national authorities compared to the Netherlands. Added water of up to 12 percent is in line with the NVWA requirements, but if more than 12 percent water is added, the seller is no longer allowed to name the product as shrimp in Germany. Instead, a product with more than this amount of added water should be labelled a “preparation from” shrimp. The consequences of this are far-reaching, affecting not only consumer perception but also the customs code under which the shrimp product has to be imported.
Preparations from fish or seafood fall under HS16 instead of HS03 and, as such, are subject to higher import duties that increase the price of the product. So importers save money on selling actual shrimp meat, but pay more money to get their shrimp with added water into Germany. The NVWA tells ShrimpTails that such stringent measures are not (yet) taken in the Netherlands, but the name of the product should not be misleading for consumers. Hence, if more than 12 percent water is added, and if a product is clearly a preparation of a natural product, this should be reflected appropriately in the product’s name.
SIPA's outlook
The different approach of the German and Dutch authorities shows that there is no uniform strategy towards the topic of added water among EU member states. ShrimpTails decided to ask the Seafood Importers and Processors Alliance (SIPA), which represents many of the EU’s big shrimp importers, for their opinion on the issue. Olivier Hottlet, SIPA’s secretary, explains that, from their perspective, the recommendation of the German veterinary experts to let shrimp with more than 12 percent added water be imported under HS16 instead of HS03 would technically be illegal.
As far as he is aware, adding water to a product does not fall under the EU definition of the HS16 customs code – the EU authorities would have to adjust customs law to meet Germany’s current standard, instead of the other way around. That said, Hottlet argues that the matter of added water is a complicated one. From his perspective, the discussion needs to be about water that is intentionally added to the shrimp within the processing establishment, i.e. by soaking, just before packing and freezing. Unfortunately, however, it is close to impossible to measure the protein and moisture content of shrimp when it enters the factory as it changes when processed into various product types. The moisture content of the raw material on arrival depends on many factors such as freshness of the shrimp, whether it has been frozen and how long it has been kept on ice.
If the EU member states want to do something about this issue, it should be done at EU level, with the active cooperation of the third countries where most of the processing is being done, and it should moreover be based on sound scientific evidence. For one, Hottlet argues, rather than insisting on labeling the exact percentage of water (or shrimp) – which is “impossible to determine with scientific certainty a posteriori” – the authorities should focus on the other labeling requirements, in particular the list of ingredients and the nutritional value – another area prone to fraud and much easier to tackle.
The ingredient list of many “soaked” (for instance peeled) shrimp products may indicate something like “shrimp, E452, salt” and purposefully omit “water,” but as adding E452 (i.e. polyphosphates) and salt means that the shrimp will soak up water, water is always automatically present as well. Alternatively, the ingredient list may correctly list “water,” but the consumer is misled by the nutritional value, which may indicate that the product contains 22 grams of protein while it is actually only 13 grams.
Moreover, Hottlet argues, the EU has other things to worry about and explains that SIPA members would prefer them to focus on these issues before tackling the complex issue of added water. For instance, widespread fraud with glazing and net versus gross weight labeling is still a big problem for the north-western European market. Especially in the food service segment, representing about 70 percent of the frozen shrimp market in countries like Belgium or Germany. To Hottlet, it’s surprising that weight fraud is still such a considerable problem, because there have long been commonly accepted scientific methods (e.g. the Codex Alimentarius) to measure how much shrimp is left after getting rid of the glazing.
The only reason for some companies to mislabel their product with an incorrect net weight is to manipulate the price: Any small percentage decrease in net weight as compared to what is labeled can make a big difference in the market.
Clear definitions and an EU uniform approach needed
Returning to the topic of added water, Van Ruth explains that one of the main challenges for the seafood industry and authorities in the EU is that the EU regulations for fish and seafood, compared to those for, for example, poultry, are not so clearly defined. Especially with regard to natural moisture content, as there is no clear definition of the maxima for individual species of fish and shrimp which authorities can accept. Of course, this is also understandable as there are so many different species of fish and seafood that all have their own characteristics. Let alone taking account of natural variations in moisture content, or of the difference in moisture content of head-on shell-on (HOSO) versus headless shell-on (HLSO) shrimp. Normally, Van Ruth emphasizes, the authorities look for excesses. The main goal for importers is to take care not to mislabel or intentionally deceive. Moreover, there is still much discussion within the EU about how added water should be declared and how to go about measuring this in the first place. ShrimpTails will continue to follow the debate…
Photo courtesy of Shrimptails/Seafood Trade Intelligence Portal
