Dairy: Cheese

1 Introduction

This document concentrates on the specific legal provisions which apply to cheese. It should be read in conjunction with General Food Hygiene: Introduction, Products of Animal Origin: Introduction and other documents of general application.

 

2 Hygiene Rules

2.1 General Food Hygiene Rules

Food business operators must ensure that all stages of production, processing and distribution of food under their control satisfy the relevant hygiene requirements.¹ The sheer diversity of artisan cheese means that it would be wrong to conclude that a one size fits all approach in applying relevant law is either possible or desirable. The process of cheese making varies with the type of cheese made and the milk used, whether it is from cows, sheep or goats and, importantly, raw or pasteurised. The focus is on the microbiological safety of cheese produced and the attendant microbiological hazards at each and every stage of production.

Artisan cheesemakers, as food business operators carrying out a stage of production of food after primary production must² put in place, implement and maintain a permanent procedure or procedures based on the Hazard Analysis and Critical Control Points (HACCP) principles as follows:

1. Identifying any hazards that must be prevented, eliminated or reduced to acceptable levels.

2. Identifying the critical control points at the step or steps at which control is essential to prevent or eliminate a hazard or to reduce it to acceptable levels.

3. Establishing critical limits at critical control points which separate acceptability from unacceptability for the prevention, elimination or reduction of identified hazards.

4. Establishing and implementing effective monitoring procedures at critical control points.

5. Establishing corrective actions when monitoring indicates that a critical control point is not under control.

6. Establishing procedures, which shall be carried out regularly, to verify that the measures outlined in paragraphs a) to e) above are working effectively.

7. Establishing documents and records commensurate with the nature and size of the food business to demonstrate the effective application of the measures outlined in paragraphs a) to f) above.

The process outlined above will result in the adoption of differing procedures by artisan cheesemakers according to a range of factors, including the source of the milk and any other foodstuffs used, the process followed and the style of cheese produced. There is a difference and a distinction to be drawn between a hard cheese which has been matured for several months and more, and mould-ripened soft cheese in terms of microbiological hazards which may be encountered.

The Cheese Making Wedge³ places each cheese into one of five categories, A to E, distributed evenly along the side of a wedge of cheese, A at the broad end and E dropping off the point:

A Hard cheese matured for more than 60 days.

B English Acid Territorial matured less than 60 days.

C Semi-hard Dutch style.

D Mould-ripened soft cheese.

E Cheese that probably should not be made – hence dropping off the point.

Category E would include cheese not inherently dangerous but which may have been made, for example, from raw milk of unknown origin or produced in unknown hygienic conditions. The Specialist Cheesemakers Association gives the following example:

… a mould-ripened, soft cheese made from raw milk bought off the open market where the cheesemaker has no knowledge of the milk production hygiene standards and the milk producer has no interest in the destiny of his commodity. In this scenario, the potential for contamination of the raw milk supply with pathogenic bacteria must be considered high, most likely unacceptable.⁴

The HACCP-based procedures adopted must reflect the differences both between categories A to D and within them according to the critical control points identified.

The general obligations set out in Regulation (EC) 852/2004 on the hygiene of foodstuffs⁵ are covered in more relevant and practical terms in The Specialist Cheesemakers Code of Best Practice.⁶

Finally, premises used for cheese making must, subject to some limited exceptions, be inspected and approved by the local food authority before production commences. This is required under Regulation (EC) 853/2004⁷ and further details can be found in General Food Hygiene: Registration and Approval of Food Businesses.

2.2 Temperature Control of Cheese

Regulation (EC) 852/2004 lays down general rules for food business operators on hygiene which take particular account of a number of principles, in particular that primary responsibility for food safety rests with a food business operator; the importance, for food that cannot be stored safely at ambient temperatures, of maintaining the cold chain; and establishing microbiological criteria and temperature control requirements based on a scientific risk assessment.⁸ Food business operators are required to comply with temperature control requirements.⁹

Food premises must, where necessary, include suitable temperature-controlled handling and storage conditions of sufficient capacity for maintaining foodstuffs at appropriate temperature and be designed to allow the temperature to be monitored and recorded.¹⁰

Raw materials, ingredients, intermediate products and finished products likely to support the reproduction of pathogenic micro-organisms or the formation of toxins are not to be kept at temperatures that might result in a risk to health. The cold chain is not to be interrupted, although limited periods outside temperature control are permitted, to accommodate the practicalities of handling during preparation, transport, storage, display and service of food, provided that it does not result in a risk to health.¹¹

The cold chain must be maintained throughout the transport of raw milk which, on arrival at the delivery destination, must not be at a temperature of more than 10^oC.¹² The Specialist Cheesemakers Association advises that deliveries above 6⁰C should be rejected.¹³ Food business operators need not comply with this temperature requirement if the milk meets specified criteria, including for plate and somatic cell counts, specified¹⁴ and either the milk is processed within two hours of milking; or a higher temperature is necessary for technological reasons which is authorised by the competent authority.

Food business operators must ensure that, following delivery, milk is quickly cooled to not more than 6^oC and is kept at that temperature until processed. A higher temperature is permitted if processing begins immediately after milking, or within four hours of delivery; or a higher temperature is necessary for technological reasons which is authorised by the competent authority.¹⁵

When raw milk undergoes heat treatment, food business operators must ensure it satisfies the requirements of Regulation (EC) 852/2004¹⁶ and in particular, that pasteurisation is achieved by a treatment involving:

1. A high temperature for a short time (at least 72^oC for 15 seconds).

2. A low temperature for a long time (at least 63^oC for 30 minutes); or

3. Any other combination of time-temperature conditions to obtain an equivalent effect, such that the product shows, where applicable, a negative reaction to an alkaline phosphatase test immediately after such treatment.

When considering whether to subject raw milk to heat treatment, food business operators must have regard to procedures developed in accordance with the HACCP principles and comply with any requirements the competent authority imposed on approving the establishment or carrying out checks in accordance with Regulation (EC) 854/2004.¹⁷

On the other hand, there are no temperature control requirements for cheese, these are to be determined in the development of HACCP-based procedures. The temperature control requirements set out in the Food Hygiene (England) Regulations 2006¹⁸ do not apply to businesses within the scope of Regulation (EC) 853/2004.

The Food Standards Agency (FSA) has issued Guidance on Temperature Control Legislation in the United Kingdom¹⁹ which, among the foods listed as those which under normal conditions of storage and use and in the absence of adequate preserving factors should be kept under temperature control, so as not to result in a risk to health, includes:

Soft or semi-hard cheeses ripened by moulds and/or bacteria

The important safety factors for cheese relate primarily to its acidity and water activity. Temperature controls do not apply during the ripening process. However, it is important that once cheese has ripened it is placed under chill holding. During the ripening process, acidity declines until a point is reached where growth of pathogens will no longer be inhibited.²⁰

The Guidance goes on to state: “Food that is likely to support the growth of pathogenic micro-organisms or the formation of toxins must be kept at a temperature of 8°C or below.” This is the temperature set in the 2006 Regulations which contain a number of exceptions which the Guidance goes on to mention. The exemptions recognise that a limited period outside chill holding would have no adverse consequences for health and there is a link between time and temperature in the growth of micro-organisms and are as follows:

1. Food which may be kept at ambient temperatures for the duration of its shelf life with no risk to health.

2. Food subjected to a process such as dehydration or canning, intended to prevent the growth of pathogenic micro-organisms at ambient temperatures.

3. Food, which must be ripened or matured at ambient temperatures, but not when the process of ripening or maturation is completed.

4. Raw food intended for further processing (including cooking) before consumption, but only if that processing, if undertaken correctly, will render that food fit for human consumption.

5. Any food which sent as part of a mail-order transaction to a consumer.²¹

The Guidance goes on to describe the four tolerance period in the case of food for service or display and exemptions in connection with the practicalities of loading and unloading a vehicle, temporary breakdowns and similar occurrences.²²

2.3 Microbiological Criteria for Cheese

Regulation (EC) 2073/2005 on microbiological criteria for foodstuffs which should not contain micro-organisms or their toxins or metabolites in quantities that present an unacceptable risk for human health.²³ Whilst criteria are established, food business operators must decide the necessary sampling and testing frequencies as part of the development of HACCP-based procedures and other hygiene control procedures.²⁴

The FSA has published General Guidance for Food Business Operators: EC Regulation No. 2073/2005 on Microbiological Criteria for Foodstuffs.

There are two types of microbiological criteria:

1. Food safety criteria – which are used to assess the safety of a product or batch of foodstuffs.²⁵

2. Process hygiene criteria - which help to demonstrate that production processes are working properly. These apply throughout the manufacturing and handling of a product.²⁶

Food safety criteria apply throughout the shelf-life of the product and, if these are not met, the product cannot be placed on the market and, in some cases, a product recall may be required.

Criteria are set for cheese, as a ready-to-eat food, both able and unable to support the growth of L. monocytogenes in respect to Listeria monocytogenes,²⁷ subject to certain specific qualifications.²⁸ Criteria are also set in respect to Salmonella for cheese made from raw milk²⁹ and Staphylococcal enterotoxins for cheese generally.³⁰

Cheese is excluded from the criteria in respect to Salmonella where the manufacturer can demonstrate to the satisfaction of the competent authorities that, due to the ripening time and ‘water activity’ of the product where appropriate, there is no salmonella risk.

Process hygiene criteria are set in respect E. coli, as an indicator for the level of hygiene, for cheese made from pasteurised milk³¹ and coagulase-positive staphylococci for cheese made from:

• Raw milk.³²

• Milk which has undergone a lower heat treatment than pasteurisation and ripened cheeses made from milk or whey that has undergone pasteurisation or a stronger heat treatment.³³

• Unripened soft cheeses (fresh cheeses) made from milk or whey that has undergone pasteurisation or a stronger heat treatment.³⁴

Cheeses in the second and third categories above are excluded where the manufacturer can demonstrate, to the satisfaction of the competent authorities, that the product does not pose a risk of staphylococcal enterotoxins.³⁵

If a process criterion is exceeded a review of current procedures to improve product hygiene should take place. If Coagulase positive staphylococci is found in dairy products further testing is required. The FSA provide a useful decision making tree in deciding what to do if Coagulase positive staphylococci and Staphylococcal enterotoxins are found in dairy products.³⁶

The Specialist Cheesemakers Association recommend best practice microbiological criteria based on EU legislation and the United Kingdom Health Protection Agency guidelines on assessing the microbiological safety of ready-to-eat foods.³⁷

When the results of testing against the criteria are unsatisfactory, the food business operators must take the following measures:

1. When the testing of food safety criteria unsatisfactory results, the product or batch of foodstuffs must be withdrawn or recalled.³⁸ However, products placed on the market, which are not yet at retail level and which do not fulfil the food safety criteria, may be submitted to further processing by a treatment eliminating the hazard in question, but which may only be carried out by non-retail food business operators.

2. In the event of unsatisfactory results as regards process hygiene criteria the actions laid down in Chapter 2 of Annex I must be taken.

In addition, other corrective actions defined in the food business operator’s HACCP-based procedures, other actions necessary to protect the health of consumers and measures to find the cause of the unsatisfactory results in order to prevent the recurrence of the unacceptable microbiological contamination must be taken. These measures may include modifications to the HACCP-based procedures or other food hygiene control measures in place.

A failure to take the above action is an offence and any person found guilty is liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding two years, a fine or both.

 

4 Labelling Cheese and Misleading Descriptions

4.1 Raw Milk Cheese

Cheese made from raw milk must be labelled as being ‘made with raw milk’.³⁹ In the case of raw milk cheese sold pre-packed these words must appear on the packaging. Where raw milk cheese is not pre-packed or is pre-packed for direct sale by the retailer, who places it on display on a cheese counter for example, the labelling requirement applies up to the point of sale. ‘Labelling’ includes any packaging, document, notice, label, ring or collar accompanying or referring to raw milk cheese.

The FSA make it clear that the requirement ceases to exist at the point of purchase:

Blocks of cheese on display at a delicatessen counter which it is intended will be cut into smaller portions for sale to the consumer are required to be labelled as 'made with raw milk' either by a label on the cheese or by a notice referring to it. However, such cheese once it is cut and wrapped and given to the consumer for purchase does not require to be labelled with the prescribed wording.⁴⁰

4.2 Misleading Descriptions

The Food Labelling Regulations 1996 provide⁴¹ that the names listed below are not to be used in the labelling or advertising of any cheese as the name of the cheese, whether or not qualified by other words, unless the following are both satisfied:

1. The amount of water in the cheese expressed as a percentage of the total weight of the cheese does not exceed the maximum percentage indicated.

2. The amount of milk fat in the cheese expressed as a percentage of the dry matter of the cheese is not less than 48%.

Variety of Cheese	Maximum Percentage of Water
Cheddar	39%
Blue Stilton	42%
Derby	42%
Leicester	42%
Cheshire	44%
Dunlop	44%
Gloucester	44%
Double Gloucester	44%
Caerphilly	46%
Wensleydale	46%
White Stilton	46%
Lancashire	48%

The retention of these requirements, with the implementation of the food information to consumers Regulation (EU) 1169/2011, is currently under discussion.

4.3 Allergen Labelling

Milk is one of the 14 allergenic ingredients required to be labelled where it is not specified in the name of the food.⁴² FSA guidance states that:

Under general food labelling rules, dairy products (cheese, butter, fermented milk and cream) do not have to have an ingredients list in certain circumstances. In order to ensure that consumers still receive the information they need to clearly identify the presence of milk in such cases, the following advice may be applied. The use of sales names such as “cheese”, “butter”, “cream” and “yoghurt” is considered to refer clearly to the milk base of these products. In such cases, further reference to “milk” may not be necessary. ⁴³

 

5 Cheese Weights

In this context, ‘cheese’ means cheese, whether or not containing flavouring or colouring matter, and whether or not coated or mixed with other food for the purpose of giving the cheese a distinctive appearance or flavour, and includes processed cheese and cheese spread.⁴⁴

Generally, cheese must be sold by net weight or, subject to maximum container weights, by gross weight when not pre-packed. When pre-packed, the container must usually be marked with an indication of net weight.⁴⁵

Quantities of less than 25g or more than 10kg of cheese are exempt. Cheese is further exempt from these requirements, provided that in the case of more than one item of food pre-packed in a container not marked with an indication of quantity by net weight the number of items in the container is marked on the container or is clearly visible and capable of being easily counted through the container.

Caerphilly, Cheddar, Cheshire, Derby, Double Gloucester, Dunlop, Edam, Gouda, Lancashire, Leicestershire and Wensleydale must be pre-packed only if the container is marked with an indication of quantity by net weight. Quantities of less than 25g are exempt.

Cheese of any other description must be pre-packed only if the container is marked with an indication of quantity by net weight, except the following are exempt:

1. Whole Stilton cheese.

2. Any cheese in a quantity of less than 25g and more than 10 kg.

3. Any cheese sold by gross weight in a container, subject to maximum container weights,⁴⁶ if the quantity is made known to the buyer before he or she pays for or takes possession of the goods.