Commission Regulation (EC) No 401/2006 of 23 February 2006 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs (Text with EEA relevance)
EU Regulation No 401/2006 · Adopted 23 February 2006 · Extends to United Kingdom
Commission Regulation (EC) No 401/2006
of 23 February 2006
laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rulesf1, in particular Article 11(4),
Whereas:
(1)
Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffsf2 provides for maximum limits for certain mycotoxins in certain foodstuffs.
(2)
Sampling plays a crucial part in the precision of the determination of the levels of mycotoxins, which are very heterogeneously distributed in a lot. It is therefore necessary to fix general criteria which the sampling method should comply with.
(3)
It is also necessary to fix general criteria which the method of analysis should comply with in order to ensure that control laboratories use methods of analysis with comparable levels of performance.
(4)
Commission Directive 98/53/EC of 16 July 1998 laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffsf3 establishes sampling methods and performance criteria for the methods of analysis to be used for the official control of levels of aflatoxins in foodstuffs.
(5)
Commission Directive 2002/26/EC of 13 March 2002 laying down the sampling methods and the methods of analysis for the official control of the levels of ochratoxin A in foodstuffsf4, Commission Directive 2003/78/EC of 11 August 2003 laying down the sampling methods and the methods of analysis for the official control of the levels of patulin in foodstuffsf5 and Commission Directive 2005/38/EC of 6 June 2005 laying down the sampling methods and the methods of analysis for the official control of the levels of Fusarium-toxins in foodstuffsf6 similarly establish sampling methods and performance criteria for ochratoxin A, patulin and Fusarium-toxins respectively.
(6)
It is appropriate to apply whenever possible the same sampling method to the same product for the control of mycotoxins. Therefore, the sampling methods and performance criteria for the methods of analysis to be used for the official control of all mycotoxins should be brought together in a single legal act in order to make them easier to apply.
(7)
Aflatoxins are very heterogeneously distributed in a lot, in particular in a lot of food products with a large particle size such as dried figs or groundnuts. In order to obtain the same representativeness, for batches with food products with large particle size, the weight of the aggregate sample should be larger than in case of batches with food products with a smaller particle size. Since the distribution of mycotoxins in processed products is generally less heterogeneous than in the unprocessed cereal products, it is appropriate to provide for simpler sampling provisions for processed products.
(8)
Directives 98/53/EC, 2002/26/EC, 2003/78/EC and 2005/38/EC should therefore be repealed.
(9)
It is appropriate that the date of application of this Regulation coincides with the date of application of Commission Regulation (EC) No 856/2005 of 6 June 2005 amending Regulation (EC) No 466/2001 as regards Fusarium toxinsf7.
(10)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Annotations to the whole text
Footnotes
- f1
-
OJ L 165, 30.4.2004, p. 1, corrected by OJ L 191, 28.5.2004, p. 1.
- f2
-
OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 199/2006 (OJ L 32, 4.2.2006, p. 34).
- f3
-
OJ L 201, 17.7.1998, p. 93. Directive as last amended by Directive 2004/43/EC (OJ L 113, 20.4.2004, p. 14).
- f4
-
OJ L 75, 16.3.2002, p. 38. Directive as last amended by Directive 2005/5/EC (OJ L 27, 29.1.2005, p. 38).
- f5
- f6
- f7
Contents
- 1Article 1
- 2Article 2
- 3Article 3
- 4Article 4
- Signature
- Annex I: METHODS OF SAMPLING FOR OFFICIAL CONTROL OF THE LEVELS OF MYCOTOXINS IN FOODSTUFFS
- AGENERAL PROVISIONS
- A.1Purpose and scope
- A.2Definitions
- General provisions
- A.3.1Personnel
- A.3.2Material to be sampled
- A.3.3Precautions to be taken
- A.3.4Incremental samples
- A.3.5Preparation of the aggregate sample
- A.3.6Replicate samples
- A.3.7Packaging and transmission of samples
- A.3.8Sealing and labelling of samples
- A.4Different types of lots
- BMETHOD OF SAMPLING FOR CEREALS AND CEREAL PRODUCTS
- B.1Weight of the incremental sample
- B.2General survey of the method of sampling for cereals and cereal products
- B.3Method of sampling for cereals and cereal products for lots ≥ 50 tonnes
- B.4Method of sampling for cereals and cereal products for lots < 50 tonnes
- B.5Sampling at retail stage
- B.6Acceptance of a lot or sublot
- CMETHOD OF SAMPLING FOR DRIED FRUIT, INCLUDING DRIED VINE FRUIT AND DERIVED PRODUCTS BUT WITH THE EXCEPTION OF DRIED FIGS
- C.1Weight of the incremental sample
- C.2General survey of the method of sampling dried fruit, with the exception of figs
- C.3Method of sampling for dried fruit (lots ≥ 15 tonnes), with the exception of figs
- C.4Method of sampling for dried fruit (lots < 15 tonnes), with the exception of figs
- C.5Sampling at retail stage
- C.6Specific sampling provisions for dried fruit with the exception of dried figs traded in vacuum packs
- C.7Acceptance of a lot or sublot
- DMETHOD OF SAMPLING FOR DRIED FIGS, GROUNDNUTS AND NUTS
- D.1Method of sampling for dried figs
- D.1.1Weight of the incremental sample
- D.1.2General survey of the method of sampling for dried figs
- D.1.3Method of sampling for dried figs (lots ≥ 15 tonnes)
- D.1.4Method of sampling for dried figs (lots < 15 tonnes)
- Method of sampling for derived products and compound foods
- D.1.5.1Derived products with very small particle weight (homogeneous distribution of aflatoxin contamination)
- D.1.5.2Other derived products with a relatively large particle size (heterogeneous distribution of aflatoxin contamination)
- D.1.6Sampling at retail stage
- Specific method of sampling of dried figs and derived products traded in vacuum packs
- D.1.7.1Dried figs
- D.1.7.2Products derived from dried figs with small particle size
- D.1.8Acceptance of a lot or sublot
- D.2Method of sampling for groundnuts (peanuts), other oilseeds, apricot kernels and tree nuts
- D.2.1Weight of the incremental sample
- D.2.2General survey of the method of sampling for groundnuts (peanuts), other oilseeds, apricot kernels and tree nuts
- D.2.3Method of sampling for groundnuts (peanuts), other oilseeds, apricot kernels and tree nuts (lots ≥ 15 tonnes)
- D.2.4Method of sampling for groundnuts (peanuts), other oilseeds, apricot kernels and tree nuts (lots < 15 tonnes)
- Method of sampling for derived products, with the exception of vegetable oil, and compound foods
- D.2.5.1Derived products (other than vegetable oil) with small particle size, i.e. flour, peanut butter (homogeneous distribution of aflatoxin contamination)
- D.2.5.2Derived products with a relatively large particle size (heterogeneous distribution of aflatoxin contamination)
- D.2.6Sampling at retail stage
- Specific method of sampling for groundnuts (peanuts), other oilseeds, apricot kernels, tree nuts and derived products traded in vacuum packs
- D.2.7.1Pistachios, groundnuts (peanuts), Brazil nuts
- D.2.7.2Apricot kernels, tree nuts other than pistachios and Brazil nuts, other oilseeds
- D.2.7.3Products derived from tree nuts, apricot kernels and groundnuts (peanuts) with small particle size
- D.2.8Acceptance of a lot or sublot
- EMETHOD OF SAMPLING FOR SPICES
- E.1Weight of the incremental sample
- E.2General survey of the method of sampling for spices
- E.3Method of sampling for spices (lots ≥ 15 tonnes)
- E.4Method of sampling for spices (lots < 15 tonnes)
- E.5Sampling at retail stage
- E.6Specific method of sampling for spices traded in vacuum packs
- E.7Acceptance of a lot or sublot
- FMETHOD OF SAMPLING FOR MILK AND MILK PRODUCTS; INFANT FORMULAE AND FOLLOW-ON FORMULAE, INCLUDING INFANT MILK AND FOLLOW-ON MILK
- F.1Method of sampling for milk, milk products, infant formulae and follow-on formulae, including infant milk and follow-on milk.
- F.2Sampling at retail stage
- F.3Acceptance of a lot or sublot
- GMETHOD OF SAMPLING FOR COFFEE, COFFEE PRODUCTS, LIQUORICE ROOT AND LIQUORICE EXTRACT
- G.1Weight of the incremental sample
- G.2General survey of the method of sampling for roasted coffee, ground roasted coffee, soluble coffee, liquorice root and liquorice extract
- G.3Method of sampling for roasted coffee beans, ground roasted coffee, soluble coffee liquorice root and liquorice extract (lots ≥ 15 tonnes)
- G.4Method of sampling for roasted coffee beans, ground roasted coffee, soluble coffee liquorice root and liquorice extract (lots < 15 tonnes)
- G.5Method of sampling for roasted coffee beans, ground roasted coffee, soluble coffee, liquorice root and liquorice extract traded in vacuum packs
- G.6Sampling at retail stage
- G.7Acceptance of a lot or sublot
- HMETHOD OF SAMPLING FOR FRUIT JUICES INCLUDING GRAPE JUICE, GRAPE MUST, CIDER AND WINE
- H.1Method of sampling
- H.2Sampling at retail stage
- H.3Acceptance of a lot or sublot
- IMETHOD OF SAMPLING FOR SOLID APPLE PRODUCTS
- I.1Method of sampling
- I.2Sampling at retail stage
- I.3Acceptance of a lot or sublot
- JMETHOD OF SAMPLING FOR BABY FOODS AND PROCESSED CEREAL BASED FOODS FOR INFANTS AND YOUNG CHILDREN
- J.1Method of sampling
- J.2Sampling at retail stage
- J.3Acceptance of a lot or sublot
- KMETHOD OF SAMPLING FOR VEGETABLE OILS
- K.1Method of sampling for vegetable oils
- K.2Method of sampling for vegetable oils at retail stage
- K.3Acceptance of a lot or sublot
- METHOD OF SAMPLING FOR VERY LARGE LOTS OR LOTS STORED OR TRANSPORTED IN A WAY WHEREBY SAMPLING THROUGHOUT THE LOT IS NOT FEASIBLE
- L.1General principles
- L.2Number of incremental samples to be taken in the case of very large lots
- Large lots transported by ship
- L.3.1Dynamic sampling of large lots transported by ship
- L.3.2Sampling of lots transported by ship by static sampling
- L.4Sampling of large lots stored in warehouses
- Sampling of storage facilities (silos)
- L.5.1Sampling of silos (easily) accessible from above
- Sampling of silos not accessible from above (closed silos)
- L.5.2.1Silos not accessible from above (closed silos) with individual sizes > 100 tonnes
- L.5.2.2Silos not accessible from above (closed silos) with individual sizes < 100 tonnes
- L.6Sampling of loose food in large closed containers
- MMETHOD OF SAMPLING OF FOOD SUPPLEMENTS BASED ON RICE FERMENTED WITH RED YEAST MONASCUS PURPUREUS
- Sampling procedure and sample size
- Annex II: CRITERIA FOR SAMPLE PREPARATION AND FOR METHODS OF ANALYSIS USED FOR THE OFFICIAL CONTROL OF THE LEVELS OF MYCOTOXINS IN FOODSTUFFS
- INTRODUCTION
- 1.1Precautions
- 1.2Calculation of proportion of shell/kernel of whole nuts
- 2TREATMENT OF THE SAMPLE AS RECEIVED IN THE LABORATORY
- 3REPLICATE SAMPLES
- METHOD OF ANALYSIS TO BE USED BY THE LABORATORY AND LABORATORY CONTROL REQUIREMENTS
- 4.1Definitions
- 4.2General requirements
- Specific requirements
- Specific requirements for confirmatory methods
- 4.3.1.1Performance criteria
- 4.3.1.2‘ Fitness-for-purpose ’ approach
- Specific requirements for semi-quantitative screening methods
- 4.3.2.1Scope
- 4.3.2.2Terminology
- 4.3.2.3Validation procedure
- 4.3.2.3.1Initial validation by single laboratory validation
- 4.3.2.3.2Initial validation through collaborative trials
- 4.3.2.4Determination of cut-off level and rate of false suspected results of blank samples
- Extension of the scope of the method
- 4.3.2.5.1Extension of scope to other mycotoxins:
- 4.3.2.5.2Extension to other commodities:
- 4.3.2.6Verification of methods already validated through collaborative trials
- 4.3.2.7Continuous method verification/on-going method validation
- 4.3.2.8Validation report
- Division
- Division
- 4.3.3Requirements for qualitative screening methods (methods that do not give numerical values)
- Estimation of measurement uncertainty, recovery calculation and reporting of results
- 4.4.1Confirmatory methods
- 4.4.2Screening methods
- 4.5Laboratory quality standards