It is useful to begin the process of describing honey production by presenting the conceptual definitions that appear in the processing stage. According to the definition of processing itself, it is an activity during which "any activity that significantly changes the original product, including heating, smoking, pickling, aging, drying, marinating, extraction, extrusion or any combination of these processes." takes place.[1] The first element is the definition of the product itself, which is declared by the Law on Market Surveillance of Products[2]. According to this, a product is "any movable thing intended for consumers and users and supplied or made available in the course of a business activity, whether for compensation or not, in a new, used or newly processed condition." Processed products are "food products resulting from the processing of unprocessed products. These products may contain ingredients that are necessary for their production or that give them special properties."[3] Narrowing the scope of the research, the next concept is processed agricultural product, which, according to the Regulation on the trade rules[4] applicable to certain goods obtained by processing agricultural products, is "non-agricultural food and beverages made from agricultural products." The Regulation also contains a list of these processed agricultural products, according to which the main product groups are processed dairy products, frozen fruits and vegetables, and non-alcoholic beverages and all alcoholic beverages except wine. The Regulation on the general principles and requirements of food law[5] states that "food shall be considered to be any processed, partially processed or unprocessed substance or product intended for or likely to be consumed by humans, including beverages, chewing gum and substances intentionally added during production, such as water." Unprocessed foods are "foods that have not yet undergone processing, including foods that have been separated, divided, cut, sliced, boned, minced, skinned, ground, cut, cleaned, chopped, strained, broken, chilled, frozen, deep-frozen, or thawed."[6] According to the regulation, the following are not considered food: feed, as a rule, live animals, plants that have not yet been harvested, medicines, cosmetics, tobacco and tobacco products, narcotics and psychotropic substances, residues and contaminants. According to the basic
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principle of food law, unsafe food cannot be placed on the market. A food is not considered safe if it is harmful to health or unfit for human consumption. In order to decide whether a food is safe, several factors must be taken into account. The usual conditions of use of the food by consumers, the information provided to consumers, the short and long-term health effects, possible cumulative toxic effects, the food sensitivity of the target consumer group (e.g. children, pregnant women) must be taken into account.[7] If a food considered unsafe is part of a batch of identical foods, then as a general rule the entire batch should be treated as unsafe.[8] In the absence of EU provisions, a food is considered safe if it has been marketed in accordance with the rules of national food law.[9]
Honey is an agricultural product under Annex I[10] to the Treaty on the Functioning of the European Union. Agricultural products are those listed in Annex I, with the exception of fishery and aquaculture products listed in Annex I to Regulation (EU) No 1379/2013 of the European Parliament and of the Council.[11] Having defined agricultural products, it is appropriate to analyse the legal concept of food. This question is answered in Article 2 of Chapter 1 of Regulation (EC) No 178/2002 of the European Parliament and of the Council, which defines 'food' as any substance or product, whether processed, partially processed or unprocessed, intended or likely to be consumed by humans. It includes beverages, chewing gum and any substance intentionally added during production, processing or treatment, including water.[12] Honey is mentioned by various epithets, such as "the liquid gold of health" or "the food of the gods."[13] It has deserved such names, seeing that its most significant effect lies in the preservation of health. However, this is not its only use. Its role in beauty care[14] and natural healing[15] is worth mentioning, given its many uses. Honey is a gift from nature that can be used in all areas of life, one just needs to know how. In the following, I will examine what beekeeping products exist. The beekeeping products that can be sold include pollen, propolis, royal jelly, bee venom, beeswax and, of course, honey.[16] Some beekeeping products are of plant origin (honey, pollen, propolis) while others come from animals (royal jelly, royal jelly, beeswax). The most popular of these is honey, the legal definition of which is set out in the Act on Public Health Product Tax.[17] According to this, honey is "a natural sweet substance collected by Apis mellifera bees from plant nectar or from the sap of living plant parts, or from the secretions of living plant parts by insects that suck plant sap, which is collected by the bees, transformed by adding their own substances, stored, dehydrated and matured in honeycombs." The Codex Alimentarius[18], created by the FAO,[19] the Food and Agriculture Organization of the United Nations and the World Health Organization (WHO),[20] defines honey as follows: "Honey is the natural sweet substance produced by bees
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from plant nectar, from substances secreted by living parts of plants or insects that feed on plant sap, which they then collect, transform with the help of substances produced by themselves, then they store, dehydrate and finally everything matures in honeycombs." The grouping of honeys can be done in several ways. According to their origin, flower honeys[21] and honeydew honeys[22] can be distinguished. Another aspect is the method of production and presentation, which can be used to identify the following types: comb honey, cut honey, dripped honey, spun honey, pressed honey, filtered honey and industrial or baking-cooking honey. Comb honey is honey newly built by bees, still in the cells of virgin combs or built exclusively on artificial combs based on beeswax, stored in virgin combs and containing covered cells, sold in whole combs or in parts. Cut comb honey is honey containing one or more pieces of comb. Drip honey is honey obtained from combs free from brood after opening them by straining them. Spinned honey is honey obtained from combs free from brood by centrifugation. Pressed honey is honey obtained by pressing combs free from brood, with or without the use of moderate heat not exceeding 45 degrees Celsius. Filtered honey is honey from which foreign organic and inorganic substances are removed by a filtration method that results in a significant reduction in the pollen content of the honey. Baking and cooking honey suitable for industrial use or further processed as an ingredient in food may have a foreign taste, odor, or may be honey that has begun to ferment, has already fermented, or has been overheated.
During the production of quality honey, a number of basic requirements must be met, which are contained in international and domestic regulations, guidelines and standards. Honey must be original, unadulterated, mature and natural, pure and predominantly free from technological residues.[23] It must also comply with the characteristics stated on the label. The quality characteristics are specific to our honey variety, which can be determined by organoleptic, physico-chemical and microscopic examinations. The main honey-producing countries have already created their own databases of characteristic honey varieties. These are used to verify the origin of the honey and its compliance with the label. According to Codex Alimentarius 3.1, no food ingredient or additive[24] other than honey may be added to a product sold as honey. Honey shall not be subjected to any objectionable additions, flavouring, aroma or colouring matter derived from other substances, shall not be fermented in any way, and shall not have pollen or other constituents removed from the honey, except where unavoidable, if they do not form part of the honey." The Hungarian Food Code (Magyar Élelmiszerkönyv)[25] defines the criteria that honey must meet in our country. The content of the regulations is identical to the 2001/110 EC Directive, which is mandatory in the mem-
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ber states of the European Union.[26] The largest components of honey are sugars, which account for approximately 95% of its dry matter content. The two main ones are fructose and glucose, the ratio of which also determines the speed of honey crystallization, and other substances.[27] The second largest amount of water makes up honey. In addition to the two main components, other useful substances can also be found in honey, such as minerals, ami-no acids[28], and vitamins. Depending on the type, the color of honey ranges from almost colorless to dark brown. Its consistency is liquid, thick, partially or completely crystalline. Its taste and aroma depend on its plant origin. No other food ingredients - including food additives - or other substances may be added to honey.[29] Honey must be free from organic or inorganic substances foreign to its composition. Honey must not have a foreign taste or aroma[30], must not have started to ferment[31], must not have its acidity artificially changed, and must not have been heated in such a way that the natural enzymes are destroyed or significantly activated. As a general rule, neither pollen nor any other natural component of honey may be removed.[32] An exception to this is if this is an unavoidable consequence of the removal of organic and inorganic substances of foreign origin. It is mandatory for honey to meet these quality criteria not only during processing, but also until the end of its shelf life. In connection with this topic, it is worth mentioning a relevant court ruling[33], the basis of which was that the plaintiffs operated an apiary as sole proprietors. Although their activities were not carried out in the form of an independent business entity, their products were marketed under a single, designated name. The defendant conducted a sample collection as part of an official inspection, during which it was determined that the honey tested contained pharmacologically active ingredients. The use of such active ingredients for the treatment of bees is not permitted under any circumstances in Hungary. In view of these circumstances, the competent authority ordered the plaintiffs to pay a food control fine. In their defense, the plaintiffs argued that they could not detect the presence of foreign substances with their own tests, since the given impurities could not be detected previously due to the technical development of analytical procedures, and therefore, in their opinion, the application of a sanction against them was not lawful. However, according to the provisions of the Act on the Food Chain and its Official Supervision[34] (Éltv.), food and feed businesses are liable for the safety and quality of their products. The legislation expressly states that this liability exists even if the defect in the product - which precludes its placing on the market - is not directly attributable to the conduct of the business, but could have been recognized by it, or even if the defective condition arose before the first placing on the market in Hungary. According to the Curia, the plaintiffs have an objective responsibility to ensure that the products placed on the market are free from prohibited substances. The court assessed as a matter of fact that the
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plaintiffs could not be absolutely certain that the products were free from prohibited residues. Accordingly, they could be expected to take all measures that would preclude the placing on the market of products containing prohibited substances. It was also found that there were laboratories in the European Union that could have detected the presence of the substances in question using appropriate methods. Taking into account the volume of operations of the undertaking and the liability requirements, the court considered it reasonable to expect that the claimants would have used the most advanced analytical testing methods available in the given state of the art.[35]
Based on the following court decision,[36] an official honey test was ordered, during which a sample was also taken. As a result of the inspection, it was established that the hydroxyl methyl furfural (HMF) content of the tested product sample was 48.1 mg/kg, which exceeds the maximum limit prescribed by the Hungarian Food Code (40 mg/kg). Based on the expert opinion of the Hungarian Academy of Sciences, it can also be clearly established that the product sample could not have come from the place of origin indicated on the packaging, the subtropical areas of Argentina, since the HMF content of honey found in Argentina differs significantly from that measured here. The court classified the product as capable of misleading consumers, since the country of origin indicated on the packaging (Argentina) did not correspond to reality.[37] In terms of legal consequences, it should be emphasized that false origin information directly influences consumers decision-making and is contrary to consumer protection legislation, which aims at fair trade and the protection of consumer rights. This type of infringement not only raises questions about the quality of the product, but also seriously affects consumer confidence, which has long-term implications for market competition and economic relations. This case highlights the fact that accurate indication of origin information is essential to protect consumer rights and ensure fair competition. The court's decision, which establishes misleading product labelling, clearly indicates to market operators that falsifying the authenticity of the place of origin is not only unethical, but also illegal and can have serious legal consequences. During the judicial review of an administrative decision in a quality protection case, the court dismissed the plaintiff's claim.[38] In the reasoning of the judgment, the court found that the name - marking - of the product produced by the plaintiff did not comply with the requirements set out in point 4.1 of Directive MÉ-2-82/01/05 "Honey and honey-like products." According to the directive, the name "honey" may only be used for products in which the honey content of the paste reaches or exceeds 20%. According to the results of the laboratory tests carried out, the honey content of the plaintiff's product was only 8.9g/100g, which is significantly below the prescribed minimum of 20g/100g. Therefore, the authority decided to impose a quality protection
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fine. In its defense, the plaintiff argued that it used honey exclusively as a fortifying agent, so in its opinion it would not have been necessary to meet the requirements regarding the percentage of honey content. The court did not accept the defense. According to its reasoning, the name of the product is of particular importance in terms of consumer information, and consumers have a legitimate expectation that honey should indeed be a defining, quality ingredient in products labeled "honey." The mere use of honey as a supplement, in a low proportion, does not make the use of the name "honey" lawful. The court, based on the current food labeling regulations, emphasized that the names of food products must be clear and not misleading, especially in the case of names referring to the ratio of ingredients. The case is a good example of the principle of legal interpretation according to which the names of foods must refer to the essential properties of the food and must be defined in accordance with the subjective expectations of consumers. Ignoring this requirement may lead to the application of a quality protection sanction.
In Hungary, bees visit more than eight hundred plant species to collect nectar and pollen. Only a fraction of this can be used to produce varietal honey.[39] We speak of varietal honey when the majority of the nectar used to make honey comes from the plant of the name.[40] Their purity can be ensured with the appropriate production technology. The basic condition for this is to empty the combs before collection and to move the bee population to a suitable location. If the bees collect honey from flowering plants of the same species in a large area into sufficiently clean combs, the beekeeper extracts varietal honey of appropriate purity. If several plant species bloom at the same time in the collection area, mixed flower honey is made from the collected nectar. The classification of varietal honey is carried out by examining the pollen content of the honey and by sensory testing. Honey is a product characterized by biodiversity, therefore the varietal origin largely depends on the given vintage, but is also affected by the constancy or variability of the plant composition of the area where it is collected.[41] Varietal honeys can be distinguished from mixed honey types by taking into account whether there is a so-called lead pollen, which indicates the nectar bearing of the main crop.
In our country, the following types of honey are found in the largest number (non-exhaustive list):
- mixed flower honey,[42]
- acacia honey,[43]
- linden honey,[44]
- sunflower honey,[45]
- rapeseed honey,[46]
- milkweed honey,[47]
- phacelia honey,[48]
- fruit honey,[49]
- chestnut honey.[50]
Beekeepers in Hungary produce lavender honey,[51] dogwood honey[52] and the so-called honeydew honey[53]
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in less decisive but relatively large quantities. True, high-quality varietal honey is rare, more and more "landscape-like" spring and summer mixed flower honeys are entering the market, so it would be expedient for beekeepers to think about a regional trademark controlled for plant and regional origin and quality, similarly to foreign practice, and to keep in mind the possibility of EU Protected Designation of Origin[54] and EU Protected Geographical Indication.[55]
Propolis: bee-glue or propolis is a sealant or adhesive used by bees, which is collected from the gummy substance of plants and the sticky secretion of buds. This substance is used to patch cracks in the hive, to coat surface irregularities, and to cover foreign debris. The cells used for brooding are also thinly coated with propolis, because otherwise the queen bee would not lay eggs.[56] The balsam of plant origin is transformed into a beekeeping product in the hive. It is a fragrant, balmlike substance. Bees use it as a disinfectant, preservative, healing, and building material. According to biological and pharmacological studies, it also has a destructive effect on various bacteria. In addition, it has significant antiviral, parasitic, and anticoagulant effects. Its main areas of application are healthcare,[57] the beauty industry,[58] and animal and plant protection.[59]
Pollen: the male sperm of plants, which is carried to the pistil by the wind or by insects - mainly bees -for the purpose of fertilization. Bees working on flowers collect the pollen that falls on their bodies in baskets on their hind legs. Over time, the beekeeper dries it, cleans it, and sells it in its natural form. It is most often not marketed independently, but mixed with other beekeeping products. The product contains a significant amount of amino acids[60] that are vital for the human body. It also contains the vast majority of essential fatty acids - those that cannot be produced by our body and can only be obtained from external sources.
Bee bread: few people know about bee bread, which is a modified form of pollen. The pollen collected by bees ends up inside the hive despite - or without - a pollen trap. It is as old a beekeeping product as honey. Its rarity and expensiveness can be explained by the fact that bees produce much less of it, and it is also much more difficult to extract.[61]
Royal jelly: an animal product, produced by the bodies of young so-called nurse bees. Fresh royal jelly is a yellowish-white thick liquid. Royal jelly is an effective apitherapeutic agent in many areas: it is an excellent medicine for treating old age phenomena, malnutrition, digestive disorders or even skin diseases.[62]
Bee venom: its use is risky and requires great expertise. The anti-rheumatic effect of bee venom is well known.
Beeswax: wax is essential for bees, but humans can also use it for their own purposes. It has a characteristic
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odor, a slightly sweet taste, and a pale yellow color. Wax has been used by mankind since ancient times for lighting, embalming, and modeling. In cosmetics, it is used as a supplement to face masks and hair removal products. Honey increases activity and improves mood by being antibacterial, anti-inflammatory, analgesic, and sedative; it promotes digestion, is a gentle laxative, and can prolong a useful, meaningful human life due to its many other beneficial properties.[63]
Within the bee colony, food is procured by the female individuals, or workers. Their two main sources of food are pollen and nectar, from which they later make honey. They collect pollen in baskets on their hind legs and transport it home. Pollination, which is important for plant reproduction and also significant from an agricultural point of view, is actually done "accidentally:" pollen sticks to the hairs on their abdomen while collecting it, thus transporting the pollen from one flower to another. Not all nectar is suitable for honey production, even sunflowers have non-honey-producing types. During their search for food, foraging bees usually fly away from their family up to 5 km away, and if they find a significant amount of a plant that gives them nectar (e.g. an acacia forest or a field). When they return home, they share the coordinates of this place with the others (using a special sequence of movements, the "dance of the bees"), so that all the working bees will carry it from here while the flowering lasts. This feature of bees is the ability to produce varietal honey. They suck the nectar from the flower with their proboscis, then store it in their honey comb and transport it home. Their habitat consists of honeycombs, which they build from the wax they produce. These honeycombs are made up of single, hexagonal cells.[64] One of the functions of the cells, in addition to being the cradles of their eggs, is to store food. Part of the nectar is utilized by the bee's body, while a special enzyme is added to their stomach, which reduces the water content. The bee full of nectar then regurgitates the nectar back into a cell. There is no real Hungarian (or English) word for this process, as the existing ones suggest a kind of "illness," although this is a natural process for bees. The nectar that enters the cell in this way, which is now thicker, is absorbed again by the next worker, and the process is repeated several times, creating a substance with less and less water content, increasingly similar to honey. When it is deemed ready, the honey is covered with wax; these covered cells will be their main reserves in winter or in times of scarcity. Beekeepers also look for these wax-covered cells when harvesting honey, as they are sure to contain sufficiently mature, thick honey. Of course, it is important to ensure that the bee colony has an adequate amount of food, especially in late summer and autumn, when the population is preparing for winter.[65]
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Food business operators must establish and operate a continuous process based on the principles of HACCP - Hazard Analysis Critical Control Points - and must operate a system of self-monitoring, quality assurance, traceability and product recall. In order to decide whether its application is necessary for the production of honey or for beekeeping activities, the starting point is the concept of primary production, as defined in Regulation (EC) No. 178/2002.[66] According to this, "Primary production: the production, cultivation or breeding of primary products, including the harvesting of crops, milking and the rearing of livestock up to the slaughter of the animals. It also includes hunting and fishing and the harvesting of wild products." All beekeeping activities should be considered primary production - this includes beekeeping, honey collection, spinning and protective packaging on the beekeeper's premises.[67] The Guide also states that other operations carried out outside the beekeeper's premises cannot be considered primary production, even if they are carried out on behalf of the beekeepers. Therefore, it can be stated that the obligation to use HACCP is different in relation to honey production, where the food business operator acts as a processor at certain stages of production, but not in the case of activities classified as primary production. The aim of the HACCP system is prevention. It is a food safety risk management system based on good manufacturing and distribution practice and good hygiene practice in the broad sense, which can be used on its own or as part of a comprehensive quality assurance system. It ensures the traceability of individual foods and raw materials. The FVM Decree on the licensing and notification of the placing on the market and production of foodstuffs expired on 1 July 2021.[68] At the same time, the special licensing procedure required for the retail marketing of foodstuffs listed in the annex to the decree was abolished, and a food entrepreneur with a FELIR identifier can legally distribute foodstuffs and also carry out catering activities after reporting to the territorially competent notary. With the entry into force of the new AM Decree,[69] the regulation of the territorial restriction on the sale of foodstuffs contained in the Decree on the conditions of food production[70], production and sale by small producers was also amended. Small producers can sell the basic product they produce, including honey, and the food produced from the basic product, in addition to their own farm, throughout the country to final consumers or to retail or catering establishments.[71] The range of persons who can be involved in the activity has also been expanded. In addition to sales, production and processing may also be carried out by a person living in the same household as the small producer, as well as his/her relatives and employees. The labelling of honey placed on the market must comply with the provisions of the Labelling Decree. When labelling honey, the provisions of the
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Hungarian Food Code[72] must also be taken into account, which contains the physical and chemical characteristics of honey. Honey placed on the market must comply with the general regulation mentioned above. No other food ingredients (including food additives) or substances other than honey may be added to honey. Honey placed on the market must meet the following criteria: the fructose content of flower honey is at least 60g/100g, the sucrose content is generally no more than 5g/100g but for lavender honey it can be no more than 15g/100g and for acacia honey it can be no more than 10g/100g. Its moisture content is generally no more than 20%, and for baking and cooking honey collected from heathers no more than 25%. Its water-insoluble solids content is no more than 0.1g/100g, and its electrical conductivity no more than 0.8 mS/cm.[73]
The 2004 EU food hygiene legislation package consists of three regulations. Regulation (EC) No. 852/2004 lays down general rules on food hygiene and the procedures for checking compliance with these rules.[74] The regulation places the primary responsibility for food safety on the food business operator[75] and, in line with the "farm to fork" approach, states that food safety must be ensured throughout the food chain, from primary production through transport to the consumer.[76] The regulation does not cover primary production for private domestic use, the preparation and storage of food for domestic consumption, nor does it cover the activities of producers supplying small quantities directly to final consumers. Member States may, however, lay down separate rules for the latter production activity without jeopardising food safety.[77] Food business operators must ensure that all stages of the food chain under their control comply with hygiene requirements. Regulation (EC) No. 852/2004 lays down general and specific hygiene requirements. The general hygiene criteria cover the following areas: food production and food processing premises and equipment; transport vehicles and transport conditions; mobile food vehicles and vending machines; food waste; water supply; personal hygiene; training of food workers; packaging and wrapping; heat treatment procedures.[78] The specific hygiene measures cover the following areas: compliance with microbiological and temperature control criteria for food; maintenance of the cold chain; sampling and laboratory testing.[79]
According to a relevant court ruling,[80] the acting authority carried out an on-site inspection in the commercial unit of a self-service wholesale store in Miskolc. During the inspection, samples were taken from products called "Acacia Honey 500g" and "Flower Honey 900g." As a result of the laboratory tests, it was established that both products contained residues of pharmacologically active substances. As a result, the samples did not comply with the food safety requirements
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set out in Regulation (EC) No 470/2009 of the European Parliament and of the Council, which regulates the maximum residue limits of pharmacologically active substances in foodstuffs. The aim of the regulation is to protect human health, in particular in the case of foodstuffs intended for direct consumption. Based on the test results, the honey products concerned were classified as unfit for human consumption. The case illustrates the fundamental legal principle that a breach of food safety rules may result in their withdrawal from the market and the application of sanctions. It also points out that actors in the food chain must exercise increased caution when meeting product safety requirements, especially with regard to beekeeping products, where the presumption of natural origin is coupled with increased consumer confidence. As previously stated, food business operators shall implement and continuously apply procedures based on the HACCP principles in order to identify, prevent, eliminate or, where this is not possible, reduce the hazard to an acceptable lev-el.[81] Microbiological and chemical hazards are particularly common in food of animal origin, and therefore specific hygiene rules need to be established for such products. Regulation (EC) No. 853/2004 was adopted for this pur-pose.[82] The regulation, which supplements Regulation (EC) No. 852/2004, lays down specific hygiene rules for operators of food of animal origin. The rules apply to both unprocessed and processed products of animal origin, but do not apply to foodstuffs containing products of plant origin in addition to processed products of animal origin.[83] The application of the rules of the regulation may not result in a breach of animal welfare requirements.[84] A product of animal origin may only be placed on the market if it has been produced in an establishment that complies with EU food law and hygiene requirements and is registered or authorised by the competent authorities.[85] A further condition for placing the product on the market is that it must bear a veterinary mark or identification mark.[86] In addition, food business operators must ensure that consignments of products of animal origin are accompanied by the necessary certificates and attestations.[87] The Annex to the Regulation contains detailed requirements for certain types of products of animal origin and for certain processing activities.[88] For example, there are specific requirements for meat of domestic ungulates, meat of poultry and lagomorphs, meat of farmed and hunted game, fishery products and live bivalve molluscs, minced and prepared meat, meat preparations, as well as the transport of live animals to slaughterhouses, slaughterhouses, cutting plants, slaughtering itself, cutting and boning, forced slaughter, and the transport of cut meat.[89] Official controls on products of animal origin must also be carried out in accordance with specific criteria. For this purpose, Regulation (EC) No 854/2004 was adopted, which applies only to products covered by Regulation (EC) No 853/2004.[90] National authorities approve establishments that comply with EU food hygiene requirements.[91] Food business operators must provide all assistance
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to the authorities. They must therefore grant access to all buildings and equipment and make available to inspectors carrying out the inspection any documents and records requested.[92] The competent authorities must, inter alia, verify that food business operators comply with the requirements relating to hygiene, the design and maintenance of facilities and equipment, the labelling of products, the documentation of processes and the hygiene training of staff.[93] The following parameters are determined during the quality control of honey: sugar content, sucrose content, water content, water-insoluble solids content, electrical conductivity, acidity, diastase, activity and hydroxymethylfurfural content after processing and homogenisation. Where the type of honey is specified, it must contain at least 60% of the pollen referred to. Internationally accepted methods, such as those of the Codex Alimentarius,[94] may be used to check the conformity of honey.
The general principles and requirements of food law and the basic procedural rules that have a direct or indirect impact on food safety are laid down in Regulation (EC) No. 178/2002.[95] These are procedures and measures that guarantee that unsafe food is not placed on the market.[96] The smooth functioning of the food market is ensured by a comprehensive traceability system, as part of which all food business operators are obliged to guarantee that the origin and route of substances and ingredients used in food can be identified. To this end, foodstuffs must be provided with identification devices and labels that allow the products to be traced.[97] One of the main principles of food chain safety is traceability:[98] anyone who wants to place food on the market must keep this principle in mind and maintain an up-to-date documentation system. All actors in the food chain are obliged to document all activities in the detail required by law and to provide the documents to the competent authority without delay upon request. If traceability is not ensured and the origin of a food cannot be established beyond doubt, it must be considered without further conditions a "situation endangering human life and health."[99] The Food Chain Act defines the liability rules in detail. The food producer is responsible for the safety and quality of food. In the case of non-domestic food, the law states the liability of the first person to market the food in Hungary, with the proviso that this liability is limited in time and only applies until the expiry of the shelf life or the quality retention period.[100] The food producer or the first person to market the food is exempt from liability if the error was caused by someone else by not complying with the storage and warehousing conditions recommended by the producer.[101] The food business is liable for the safety and quality of the food and its labelling if it caused the error or labelling error that precludes placing on the market or if the error could have been recognized by it. The first person
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to market the food in Hungary is liable for the error even if it was not caused by it, provided that the error or labelling error that precludes placing on the market occurred before the first placing on the market in Hungary.[102] The determination of the shelf life and quality retention period of the food is always the responsibility of the producer.[103] According to Regulation (EU) No. 1169/2011, the shelf life is the time until which the food retains its individual properties when stored properly.[104] The shelf life is determined by the producer based on storage experiments. Certain foods are microbiologically perishable, require refrigeration, and a short period of time is sufficient to pose an immediate health risk. In the case of such foods, the shelf life must be indicated instead of the quality retention period.[105]
During the review of an administrative decision on a food quality fine,[106] the National Public Health and Medical Officer Service [Állami Népegészségügyi és Tisztiorvosi Szolgálat] (ÁNTSZ) conducted an on-site inspection of a hot kitchen catering unit operated by the plaintiff. During the inspection, it was established that the operator had stored or held in stock for sale several foods and dishes whose best-before and best-before dates had expired or were clearly not identifiable. In view of the violations discovered, the competent authority ordered the imposition of a quality fine. During the proceedings, the plaintiff defended himself in relation to the honey by saying that the product's best-before date had expired by only a few weeks, and therefore it would not have posed a real threat to the health of consumers. However, the court found that the factual basis for this defense - that the short expiration date does not necessarily result in a risk of health damage - does not in itself render the official measure unlawful. Accordingly, the court found the defendant's decision lawful and dismissed the plaintiff's claim. In the administrative case initiated regarding the imposition of the following food chain supervision fine[107], the court dismissed the action of the plaintiff economic organization. According to the facts of the main case, the authority conducted an on-site inspection in the warehouse operated by the plaintiff, where 81.2 tons of honey were stored. The plaintiff was unable to present the documents required by the relevant legislation on data provision related to food production and distribution and traceability obligations, the VM Decree, on the spot. During the inspection, it was established that some barrels stored in the warehouse lacked markings and the information necessary for tracking, so the origin and circulation route of the product lots could not be traced. According to the plaintiff's statement, the markings were removed from the barrels, but he could not prove the legal reason for this and the regular restoration. The authority placed the unmarked lots under official seal. The authority issued a warning to the plaintiff in view of the infringement and lifted the marketing ban only on the condition that the plaintiff was obliged to notify the authority three working days before any marketing
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operation and that the markings on the products in accordance with the legal requirements had to be replaced. Despite this, the plaintiff failed to comply with its notification obligation and placed a large quantity of honey on the market without informing the authority in advance. The documents relating to internal traceability were not presented later either. In view of the above, the authority lawfully imposed a food chain supervision fine and also ordered the plaintiff to pay procedural costs, which the court confirmed on the merits.
Based on the presented court rulings, it can be stated that the production, distribution and food safety control of honey and beekeeping products require companies to comply with strict legal requirements. The presence of pharmacological active ingredients, failure to comply with quality parameters, indication of an untrue country of origin, inappropriate product designation, and violation of traceability rules can all lead to serious legal consequences - fines, prohibitions on placing on the market and other sanctions. According to the consistent position of the courts, food industry companies are objectively liable for the quality and safety of products placed on the market, regardless of whether the irregularity was recognizable to them or not. The obligation to control in accordance with the state of the art, the prohibition of misleading consumers, and the failure to comply with the obligation to provide appropriate documentation and data are subject to particularly strict legal judgment. The presented cases also highlight that law enforcement authorities and courts strictly interpret relevant regulations in order to ensure the safety of the food chain and the protection of consumers, and expect businesses to demonstrate active, proactive behavior in order to comply with the rules. In order to make trace-ability even more complete, a double food inspection is necessary. Products are inspected not only at the place of production - primary food inspection - but also at the points of the commercial chains.[108] The district office of the NÉBIH conducts "non-discriminatory, risk-based inspections" at the first storage location in Hungary - including all wholesale and retail units, distribution centers, cold stores and production facilities - and may also take samples for this purpose.[109] The food business operator operating the first storage location in Hungary is subject to a strict data provision obligation, including the obligation to keep documents ensuring the traceability of the product for one year after the best-before or best-before date. If food with a high risk from a food safety perspective - such as meat, fresh vegetables, fruit, milk, dairy products - arrives at the storage location, it must be reported to the competent authority two working days before the expected arrival. If the authority has identified food safety risks at the food business operator concerned, it may also order, for a maximum period of sixty days, that the arrival of each food consignment be reported two working days before arrival.[110] Regulation (EC) No. 178/2002, which provides for the full traceability of food, entered into force
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on 1 January 2005.[111] According to Article 18 of this Regulation, "the trace-ability of food, feed, food-producing animals and other material which is or is likely to be incorporated into a food or feed shall be ensured at all stages of production, processing and distribution."[112] According to Article 19 of the Regulation, where a food business operator has reason to believe that a food imported, produced, processed, manufactured or distributed by him does not comply with the food safety requirements, he shall immediately initiate the withdrawal of the food from the market and inform the competent authority of this.[113] It follows from the above that the food business operator's obligation is twofold: on the one hand, it includes forward and backward tracking:
- "forward traceability: based on specific data, the food business operator must be able to determine (based on the 'one step forward principle') where the product in question is located in the distribution chain
- backward traceability: based on the 'one step back principle', the origin of the product (raw material, auxiliary material, finished product, etc.) must be determined at any point in the supply chain."[114]
Food traceability thus means three things. On the one hand, it serves preventive purposes, as information proving its reliability moves with the product, thereby strengthening trust in food entrepreneurs. On the other hand, it allows for the localization of a problem at any point in the food chain, preventing it from spreading or worsening. Finally, it allows for the demarcation of responsibilities. If the origin of the product is known and the individual steps of processing and distribution can be identified, then in the event of an emergency or major unforeseen accident[115], responsibility can be traced back to the entrepreneur who could have prevented it.[116] Despite strict EU regulations, food safety is still one of the most pressing issues today. Hundreds of thousands of people die every year from food-related illnesses. There may be many reasons for this. Food is considered counterfeit if it is not produced in accordance with the regulations or in the quality specified in the product sheet; if it was not produced or marketed in a registered manner; if it was not authorised; if it was not produced using permitted ingredients; if it was illegally repackaged or relabelled; if the shelf life or expiry date has been illegally extended; if it was produced from materials with expired shelf life or expiry date; if it was produced using materials not intended for human consumption; if it is unfit for human consumption; if it was produced from expired raw materials; if it was marketed with the packaging and price of a more expensive product.[117] It can therefore be stated that food traceability remains a major challenge worldwide. ■
NOTES
[1] Regulation (EC) No. 852/2004, Article 2(1)(m)
[2] Act LXXXVIII of 2012. §2. 30.
[3] Regulation (EC) No. 852/2004, Article 2(1)(o)
[4] Regulation (EC) No. 510/2014
[5] Regulation (EC) No. 178/2002, Article 2
[6] Regulation (EC) No. 852/2004, Article 2(1)(n)
[7] Regulation (EC) No. 178/2002, Article 14, paragraphs (1)-(4)
[8] Regulation (EC) No. 178/2002, Article 14(6)
[9] Regulation (EC) No. 178/2002, Article 14(9)
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[10] List referred to in Article 38 of the Treaty on the Functioning of the European Union.
[11] Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
[12] On the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
[13] Lesti, Kitti: A méz a természet ajándéka. [Honey is a gift of nature.] in: Méhész Újság, Budapest, 2018.
[14] Due to the well-known moisturizing and softening effects of honey, it is used in facial scrubs, facial tonics, as well as hand and hair care products.
[15] One such example is the so-called honey massage, which is an excellent detoxifying and stress-relieving treatment.
[16] Dudás, Roland: Egy méhészeti vállalkozás megvalósíthatósága [Feasibility of a beekeeping business], thesis, University of Miskolc, Faculty of Economics, 2015. Miskolc, 43.
[17] Act CIII of 2011, §1. (17.)
[18] Food and Agricultural Organization
[19] World Health Organization
[20] Its task is to develop standards, codes of practice and guidelines that provide a framework for providing consumers with safe and high-quality food.
[21] Predominantly from flower nectar.
[22] Mainly from other secretions of living plants.
[23] Rőzséné Dr. Büki, Etelka: Minőségi méz- és fajtaeredet vizsgálat [Quality honey- and variety origin testing], Méhészet, 2018. 04. 8.
[24] Substances that are added in small quantities to raw materials during the production of certain products in order to modify or improve their properties.
[25] 1-3-2001/110 Annex II
[26] Council Directive 2001/110/EC of 20 December 2001 relating to honey
[27] From organic acids, enzymes and solid particles in the collected honey.
[28] Honey contains almost all of the amino acids vital for humans.
[29] When used in honey intended for human consumption or in products intended for human consumption.
[30] Except: honey as defined in Annex I, point 3 of the Hungarian Food Code.
[31] Fermentation is primarily the breakdown of carbohydrates, especially glucose, in the cell with the release of energy, which occurs when there is not enough oxygen available in the environment.
[32] Except: as specified in Annex I, point 2 (b) (viii) of the Hungarian Food Code.
[34] Éltv. §14. (4)
[35] Honey placed on the market or used in products intended for human consumption must meet the following quality requirements:
1. Sugar content: fructose and glucose content: flower honey: at least 60 g/100 g, honeydew honey, mixtures of flower honey and honeydew honey: at least 45 g/100 g, sucrose content: generally: maximum 5 g/100 g, acacia, lucerne, banksia, sedge, red eucalyptus, snowberry, citrus fruits: maximum 10 g/100 g, lavender, borage: maximum 15 g/100 g.
2. Moisture content: generally: maximum 20%, heather honey and oven-cooking honey generally: maximum 23%, oven-cooking honey collected from heathers: maximum 25%.
3. Water-insoluble solids content: generally: maximum 0.1g/100g, pressed honey: maximum 0.5g/100g.
4. Electrical conductivity: honeys in general, except sweet chestnut, sweet dew honey and their mixtures: maximum 0.8mS/cm, sweet chestnut, sweet dew honey and their mixtures: maximum 0.8mS/cm. With the exception of: strawberry bush, erica, eucalyptus, linden, chervil, tea myrtle, heather myrtle.
5. Acidity: generally: maximum 50 milliequivalents / 1000g, baking - cooking honey: maximum 80 milliequivalents / 1000g.
6. Diastase activity and hydroxymethylfurfural (HMF) content after processing and homogenization: a) Diastase activity (according to Schade scale) in general, except for baking and cooking honey: at least 8, honeys with a low natural enzyme content (e.g. citrus honey), if the HMF content does not exceed 15 mg/kg: at least 3, b) HMF content in general, except for baking and cooking honey: at most 40 mg/kg, in the case of honeys with a low enzyme content, where the diastase activity is at least 3 (according to Schade scale): at most 15 mg/kg, in the case of honeys of proven tropical origin and mixtures thereof: at most 80 mg/kg.
[36] 9.K.30.365/2009/7.
[37] 19/2004. (II. 26.) Joint Decree of FVM-ESzCsM-GKM, §4 (h)
[38] 7.K.20.205/2007/7.
[39] Sipos, József: Fontos tudnivalók a mézről [Im-
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portant information about honey.] Conference presentation - Faculty of Agriculture, University of Szeged, Hódmezővásárhely, 2005.
[40] https://ommecegled.hu/mez/mezfajtak/
[41] Rőzséné Dr. Büki, Etelka: Milyen méz? [What kind of honey?] In: Méhész újság. Budapest, 2019.
[42] https://termeloimagyarmez.hu/termekeink/vegyes-viragmez
Not a separate varietal honey. Its composition can be extremely different, but in all cases it is made exclusively from the nectar of flowers. The color of flower honeys is extremely diverse, usually having dark shades. They are characterized by rapid crystallization. Their taste is also diverse, and they have a similarly good dietary effect as varietal honeys. Due to their cheaper prices, they are recommended for use primarily in baking and cooking and for flavoring tea.
[43] The Hungarian Food Code §§ 2-100. (2009) "Honeys with a distinctive quality mark" directive sets a limit value of acacia pollen above 15% for acacia honey, or a content between 5-15% is considered appropriate if the fructose-glucose ratio is 1.55 at the same time.
A light, greenish-yellow honey that remains liquid for a long time, does not crystallize easily, and has the scent of acacia flowers. It contains very little pollen. Acacia honey produced in Hungary is considered hungaricum, a sought-after export product."
[44] https://termeloimagyarmez.hu/termekeink/hars-mez
A variety of honey with a strong, characteristic linden scent and a slightly bitter taste. It has a beneficial effect on the treatment of colds, sore throats and coughs.
[45] Antmann, Mária: Különleges fajtamézek botanikai eredetének és illő komponenseinek összefüggése. [The relationship between the botanical origin and matching components of special varietal honeys.] Corvinus University of Budapest, PhD dissertation. Budapest, 2009. 13.p.
Golden yellow honey with a sour taste. It crystallizes quickly and coarsely. It is a sought-after export product for use in the food industry due to its good coloring effect.
[46] Antmann, Mária: Különleges fajtamézek botanikai eredetének és illő komponenseinek összefüggése. [The relationship between the botanical origin and matching components of special varietal honeys.] Corvinus University of Budapest, PhD dissertation. Budapest, 2009. 13-14.p.
It crystallizes very quickly, within days. It is excellent for making cream honey. It is usually used in the baking industry.
[47] https://www.mezbarlang.hu/a_selyemfu_mezhatasa
A light, slightly matte honey with a strong scent and vanilla flavor. It is a typically Hungarian honey, therefore it is considered hungaricum. It is a dessert honey, therefore it should be consumed on its own. This is the ideal honey for those sensitive to pollen.
[48] http://gulyasmeheszet.hu/?page_id=267
A light-colored, translucent honey. It has a mild scent and remains liquid for a relatively long time. It is mostly consumed as an ingredient in mixed flower honey.
[49] http://meztermelo.hu/gyumolcsmez
It is made from nectar from several types of fruit trees that bloom at the same time (in spring). It is brownish in color and has a characteristic bitter peach seed flavor. It is produced in small quantities and is considered a delicacy honey. It is recommended to be consumed it on its own.
[50] https://www.mezbarlang.hu/a_gesztenye_mez_hatasa
Íze jellegzetes, kesernyés, kevéssé kristályosodó méz. Jó hatása van a vérszegénységre, kimerültségre, és étvágytalanság esetére. Visszértágulat kezelésére is használható.
[51] http://www.bakonynektar.hu/mez-mez-mez/levendulamez
Amber-yellow honey with a characteristically pleasant aroma. It also has a cinnamon and vanilla flavor, making it a real treat. It is excellent for treating open wounds, but is also recommended for insomnia, kidney problems and intestinal worms.
[52] https://szucsimez.hu/mez-es-apiterapia/ fajta-mezek
A true dessert honey, a gourmet favorite, to be consumed on its own. It is produced in huge quantities in the USA, as this plant grows in large areas on fallow lands.
[53] https://nemzetiparkitermek.hu/termek/edesharmat-mez/
It is not made from the nectar of flowers, but is produced by bees by collecting honeydew on the leaves of plants. For this reason, its pollen content is negligible. It is a very dark honey with a strong flavor. Due to its high mineral content, its consumption has a good dietary effect. It is especially delicious when consumed with milk.
[54] PDO
[55] PGI
Some examples of exotic honeys from Europe and Central America:
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1. Orange honey - A typical honey of the Mediterranean regions. It is light brown in color, with a characteristic mild aroma and taste. It is mainly consumed as a delicacy. It is available everywhere in Italy.
2. Thyme honey is a delicacy honey with a strong spicy taste, common in Greece.
3. Eucalyptus honey - A light-colored, mild-smelling honey. Its main use is to treat respiratory problems, but it can also be used to regulate stomach and intestinal function.
4. Yucatán honey - It comes from Central America, from the Yucatan Peninsula in Mexico. It is a dark brown, amber-hued honey with a pleasant, characteristic aroma and taste. This honey is collected by bees from the flowers of cacti and succulent plants. It is a common imported honey in Western Europe. It is consumed as a delicacy honey.
[56] Dr. Szalay, László: Méhdoktor [Bee doctor], Hunga-Pring Nyomda és Kiadó, Budapest, 1992. 75., ISBN: 963 7458 30 1
[57] Among other things, they produce ointments, candies, balms, various tablets, and shampoos from it.
[58] Its disinfectant effect is well known, so products made from it can heal burns without leaving scars.
[59] The applicability of propolis in the field of plant protection was first presented at the "Tavasz a télben" ["Spring in Winter"] exhibition held in Budapest on February 24-27, 1987.
[60] Amino acids are organic compounds essential to life, the molecules of which contain both an ami-no group and a carboxyl group, and also contain side chains characteristic of each amino acid.
[61] Dr. Szalay, László: Méhdoktor [Bee doctor], Hunga-Pring Nyomda és Kiadó, Budapest, 1992. 49., ISBN: 963 7458 30 1
[62] Dr. Szalay: 52.
[63] Dr. Szalay, László - Halmágyi, Levente: Gyógyító mézek és mézelő gyógynövények [Medicinal honeys and honey-producing herbs.], Hungarian Beekeepers Association, Budapest, 1998. 35. p.
[64] Gáll, Imre: Méhészeti ismeretek kincsesháza. [Treasury of beekeeping knowledge.] Hollósy János Könyvnyomtató. Budapest, 1941. 81.p.
[65] Chandler, P.J.: Méhészkedés természetesen. [The Barefoot Beekeeper]. Rónaőrző Természetvédelmi Egyesület. Debrecen, 2014. 209-211 p.
[66] Regulation (EC) No. 178/2002, Article 3(17).
[67] Guidance on the implementation of certain provisions of Regulation (EC) No 852/2004 on the hygiene of foodstuffs. European Commission, 18 June 2012. Brussels. 7. p.
[68] FVM Decree 57/2010. (V. 7.)
[69] AM Decree 20/2021. (V. 17.)
[70] FVM Decree 52/2010. (VI. 30.)
[72] 1-3-2001/110 Honey
[73] FVM Decree 152/2009. (XI. 12.). Regulation 1-3-2001/110 of the Hungarian Food Code on honey.
[74] Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs. OJ L 139, 30.4.2004, pp. 1-54.
[75] The natural or legal person who is responsible for compliance with the requirements of food law within the food business they control.
[76] Regulation (EC) No 852/2004, Article 1(1)
[77] Regulation (EC) No 852/2004, Article 1, paragraphs (2)-(3)
[78] Regulation (EC) No 852/2004 Annex II
[79] Regulation (EC) No 852/2004, Article 4(3)
[80] 12.K.26.829/2013/14.
[81] Regulation (EC) No 852/2004, Article 5
[82] Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).
[83] Regulation (EC) No 853/2004, Article 1(1)
[84] Regulation (EC) No 853/2004 Article 1(6)(c)
[85] Regulation (EC) No 853/2004, Article 4(1)
[86] The marking or identifier may not be removed from the meat unless it is cut up or processed.
[87] Regulation (EC) No 853/2004, Article 7
[88] Food business operators wishing to place certain products of animal origin (such as meat of bovine and porcine species, as well as certain poultry meat and eggs) on the market in Finland or Sweden must comply with the additional conditions laid down in Article 8(1) of Regulation (EC) No 853/2004 in order to avoid the risk of salmonella.
[89] Regulation (EC) No 853/2004 Annex III
[90] Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ L 139, 30.4.2004, p. 206).
[91] Regulation (EC) No 854/2004, Article 3(1)
[92] Regulation (EC) No 854/2004, Article 4(1)
[93] Regulation (EC) No 854/2004, Article 4(4)
[94] A collection of internationally recognized standards and codes of practice published by the Food and Agriculture Organization.
[95] Regulation (EC) No 178/2002 of the Europe-
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an Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 031, 1.2.2002, p. 1).
[96] Regulation (EC) No 178/2002 (10) preamble
[97] Regulation (EC) No 178/2002 Article 18(4)
[98] The ability to trace the path, location, steps of a process, and actors of a process using identifiers and knowing the relationships between identifiers.
[99] Éltv. §16. (1)-(2a)
[100] Éltv. §14. (2)
[101] Éltv. §14. (3)
[102] Éltv. §14. (4)
[103] Éltv. §15. (1)
[104] Regulation (EU) No 1169/2011, Article 2(2)(r)
[105] Regulation (EU) No 1169/2011 Article 24(1)
[106] K.23.005/2006/11.
[107] 6.K.33.891/2015/17.
[108] VM Decree No. 3/2010 (VII. 5.) on data provision and traceability related to food production and distribution.
[109] VM Decree No. 3/2010 (VII. 5.) §3.(1)
[110] VM Decree No. 3/2010 (VII. 5.) §4.
[111] Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 031, 1.2.2002, p. 1).
[112] Regulation (EC) No 178/2002 Article 18(1)
[113] Regulation (EC) No 178/2002 Article 19(1)
[114] Vékás, Márta (2009): Élelmiszer-biztonság és nyomon követés. [Food security and traceability.] 2009.10.22. Biokultúra 2009/3. https://www.biokontroll.hu/elelmiszer-biztonsag-es-nyomon-koevetes/
[115] An approximate translation of the Hungarian term "havária", used in the original Hungarian version of this study.
[116] Kun, László (2004): Élelmiszer-biztonság, termék nyomon követésére teljes körű szoftveres és eszközmegoldás. [Food safety, a complete software and hardware solution for product tracking.] A HÚS 14(4) 240-242.
[117] Albert, Csilla - Csapó, János (2013-2014): Élelmiszer-hamisítás, múlt, jelen, jövő. [Food counterfeiting: past, present, future.] Acta Scientiarum Transylvanica, 21-22/3, 2013-2014. 60-69. 63. https://bit.ly/2nFehri
Lábjegyzetek:
[1] The Author is doctoral student, Doctoral School of the Law, University of Pécs.
Visszaugrás
