Article 1: Subject-matter and scope
This Regulation shall apply without prejudice to other specific rules for the control of micro-organisms laid down in Community legislation and in particular the health standards for foodstuffs laid down in Regulation (EC) No 853/2004 of the European Parliament and of the Council ( 11 ) , the rules on parasites laid down under Regulation (EC) No 854/2004 of the European Parliament and of the Council ( 12 ) and the microbiological criteria laid down under Council Directive 80/777/EEC ( 13 ) .
Article 2: Definitions
Article 3: General requirements
Food businesses may collaborate in conducting those studies.
Guidelines for conducting those studies may be included in the guides to good practice referred to in Article 7 of HFR.
Article 4: Testing against criteria
The frequency of sampling may be adapted to the nature and size of the food businesses, provided that the safety of foodstuffs will not be endangered.
Article 5: Specific rules for testing and sampling
Food business operators manufacturing ready-to-eat foods, which may pose a Listeria monocytogenes risk for public health, shall sample the processing areas and equipment for Listeria monocytogenes as part of their sampling scheme. Listeria monocytogenes Listeria monocytogenes
Food business operators manufacturing dried infant formulae or dried foods for special medical purposes intended for infants below six months which pose an Enterobacter sakazakii risk shall monitor the processing areas and equipment for Enterobacteriaceae as part of their sampling scheme. Enterobacter sakazakii
Testing against alternative micro-organisms and related microbiological limits as well as testing of analytes other than microbiological ones shall be allowed only for process hygiene criteria.
The use of alternative analytical methods is acceptable when the methods are validated against the reference method in Annex I and if a proprietary method, certified by a third party in accordance with the protocol set out in EN/ISO standard 16140 or other internationally accepted similar protocols, is used.
If the food business operator wishes to use analytical methods other than those validated and certified as described in paragraph 3 the methods shall be validated according to internationally accepted protocols and their use authorised by the competent authority.
Article 6: Labelling requirements
Article 7: Unsatisfactory results
In addition, they shall take measures to find the cause of the unsatisfactory results in order to prevent the recurrence of the unacceptable microbiological contamination. Those measures may include modifications to the HACCP-based procedures or other food hygiene control measures in place.
The food business operator may use the batch for purposes other than those for which it was originally intended, provided that this use does not pose a risk for public or animal health and provided that this use has been decided within the procedures based on HACCP principles and good hygiene practice and authorised by the competent authority.
Article 8: Transitional derogation
Article 9: Analyses of trends
Article 10: Review
Article 11: Repeal
Article 12: This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union . Official Journal of the European Union
It shall apply from 1 January 2006.
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Microbiological criteria for foodstuffs
The limits given refer to each sample unit tested, excluding live bivalve molluscs and live echinoderms, tunicates and gastropods in relation to testing E. coli , where the limit refers to a pooled sample. E. coli
The test results demonstrate the microbiological quality of the batch tested ( 19 ) .
L. monocytogenes in ready-to-eat foods intended for infants and for special medical purposes: L. monocytogenes
1. Meat and products thereof
The limits given refer to each sample unit tested, excluding testing of carcases where the limits refer to pooled samples.
The test results demonstrate the microbiological quality of the process tested.
Enterobacteriaceae and aerobic colony count in carcases of cattle, sheep, goats, horses and pigs:
E. coli and aerobic colony count in minced meat, meat preparations and mechanically separated meat (MSM): E. coli
The limits given refer to each sample unit tested.
The test results demonstrate the microbiological quality of the process tested.
Enterobacteriaceae in dried infant formulae and dried dietary foods for special medical purposes intended for infants below six months of age:
The limits given refer to each sample unit tested.
The test results demonstrate the microbiological quality of the process tested.
Enterobacteriaceae in egg products:
The limits given refer to each sample unit tested.
The test results demonstrate the microbiological quality of the process tested.
E. coli in shelled and shucked products of cooked crustaceans and molluscan shellfish: E. coli
The limits given refer to each sample unit tested.
The test results demonstrate the microbiological quality of the process tested.
E. coli in pre-cut fruit and vegetables (ready-to-eat) and in unpasteurised fruit and vegetable juices (ready-to-eat): E. coli
1. General rules for sampling and preparation of test samples
In the absence of more specific rules on sampling and preparation of test samples, the relevant standards of the ISO (International Organisation for Standardisation) and the guidelines of the Codex Alimentarius shall be used as reference methods.
2. Bacteriological sampling in slaughterhouses and at premises producing minced meat and meat preparations
Sampling rules for carcases of cattle, pigs, sheep, goats and horses
The destructive and non-destructive sampling methods, the selection of the sampling sites and the rules for storage and transport of samples are described in standard ISO 17604.
Five carcases shall be sampled at random during each sampling session. Sample sites should be selected taking into account the slaughter technology used in each plant.
When sampling for analyses of enterobacteriaceae and aerobic colony counts, four sites of each carcase shall be sampled. Four tissue samples representing a total of 20 cm 2 shall be obtained by the destructive method. When using the non-destructive method for this purpose, the sampling area shall cover a minimum of 100 cm 2 (50 cm 2 for small ruminant carcases) per sampling site. 2 2 2
When sampling for Salmonella analyses, an abrasive sponge sampling method shall be used. The sampling area shall cover a minimum of 100 cm 2 per site selected. Salmonella 2
When samples are taken from the different sampling sites on the carcase, they shall be pooled before examination.
Sampling rules for poultry carcases
For the Salmonella analyses, a minimum of 15 carcases shall be sampled at random during each sampling session and after chilling. A piece of approximately 10 g from neck skin shall be obtained from each carcase. On each occasion the neck skin samples from three carcases shall be pooled before examination in order to form 5 x 25 g final samples. Salmonella
Guidelines for sampling
More detailed guidelines on the sampling of carcases, in particular concerning the sampling sites, may be included in the guides to good practice referred to in Article 7 of HFR.
Sampling frequencies for carcases, minced meat, meat preparations and mechanically separated meat
However, when justified on the basis of a risk analysis and consequently authorised by the competent authority, small slaughterhouses and establishments producing minced meat and meat preparations in small quantities may be exempted from these sampling frequencies.
In the case of sampling for Salmonella analyses of minced meat, meat preparations and carcases, the frequency can be reduced to fortnightly if satisfactory results have been obtained for 30 consecutive weeks. The salmonella sampling frequency may also be reduced if there is a national or regional salmonella control programme in place and if this programme includes testing that replaces the described sampling. The sampling frequency may be further reduced if the national or regional salmonella control programme demonstrates that the salmonella prevalence is low in animals purchased by the slaughterhouse. Salmonella
As regards the sampling of minced meat and meat preparations for E. coli and aerobic colony count analyses and the sampling of carcases for enterobacteriaceae and aerobic colony count analyses, the frequency may be reduced to fortnightly testing if satisfactory results are obtained for six consecutive weeks. E. coli
The food business operators of slaughterhouses or establishments producing minced meat, meat preparations or mechanically separated meat shall take samples for microbiological analysis at least once a week. The day of sampling shall be changed each week to ensure that each day of the week is covered.
( 1 ) n = number of units comprising the sample; c = number of sample units giving values over m or between m and M.
( 2 ) For points 1.1-1.24 m=M.
( 3 ) The most recent edition of the standard shall be used.
( 4 ) Regular testing against the criterion is not useful in normal circumstances for the following ready-to-eat foods:
( 6 ) 1 ml of inoculum is plated on a Petri dish of 140 mm diameter or on three Petri dishes of 90 mm diameter.
( 7 ) This criterion applies to products before they have left the immediate control of the producing food business operator, when he is not able to demonstrate, to the satisfaction of the competent authority, that the product will not exceed the limit of 100 cfu/g throughout the shelf-life.
( 8 ) Products with pH ≤ 4,4 or a w ≤ 0,92, products with pH ≤ 5,0 and a w ≤ 0,94, products with a shelf-life of less than five days are automatically considered to belong to this category. Other categories of products can also belong to this category, subject to scientific justification. w w
( 9 ) This criterion applies to mechanically separated meat (MSM) produced with the techniques referred to in Chapter III, paragraph 3, in section V of Annex III to Regulation 2004/853 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin.
( 10 ) Excluding products when the manufacturer can demonstrate to the satisfaction of the competent authorities that, due to the ripening time and a w of the product where appropriate, there is no salmonella risk. w
( 11 ) Only ice creams containing milk ingredients.
( 12 ) Preliminary testing of the batch of seeds before starting the sprouting process or the sampling to be carried out at the stage where the highest probability of finding Salmonella is expected. Salmonella
( 13 ) Reference: Hennekinne et al., J. AOAC Internat. Vol. 86, No 2, 2003.
( 14 ) E. coli is used here as an indicator of faecal contamination. E. coli
( 15 ) A pooled sample comprising a minimum of 10 individual animals.
( 16 ) Particularly fish species of the families: Scombridae, Clupeidae, Engraulidae, Coryfenidae, Pomatomidae, Scombresosidae. Scombridae, Clupeidae, Engraulidae, Coryfenidae, Pomatomidae, Scombresosidae.
( 17 ) Single samples may be taken at retail level. In such a case the presumption laid down in Article 14(6) of Regulation 2002/178, according to which the whole batch should be deemed unsafe, shall not apply.
( 18 ) References: 1. Malle P., Valle M., Bouquelet S. Assay of biogenic amines involved in fish decomposition. J. AOAC Internat. 1996, 79, 43-49.
Duflos G., Dervin C., Malle P., Bouquelet S. Relevance of matrix effect in determination of biogenic amines in plaice ( Pleuronectes platessa ) and whiting ( Merlangus merlangus) . J. AOAC Internat. 1999, 82, 1097-1101. Pleuronectes platessa Merlangus merlangus)
( 19 ) The test results can be used also for demonstrating the effectiveness of the HACCP or good hygiene procedure of the process.
( 20 ) n = number of units comprising the sample; c = number of sample units giving values between m and M.
( 21 ) For points 2.1.3 — 2.1.5 m=M.
( 22 ) The most recent edition of the standard shall be used.
( 23 ) The limits (m and M) apply only to samples taken by the destructive method. The daily mean log is calculated by first taking a log value of each individual test result and then calculating the mean of these log values.
( 24 ) The 50 samples are derived from 10 consecutive sampling sessions in accordance with the sampling rules and frequencies laid down in this Regulation.
( 25 ) The number of samples where the presence of salmonella is detected. The c value is subject to review in order to take into account the progress made in reducing the salmonella prevalence. Member States or regions having low salmonella prevalence may use lower c values even before the review.
( 26 ) This criterion does not apply to minced meat produced at retail level when the shelf-life of the product is less then 24 hours.
( 27 ) E. coli is used here as an indicator of faecal contamination. E. coli
( 28 ) These criteria apply to mechanically separated meat (MSM) produced with the techniques referred to in Chapter III, paragraph 3, in section V of Annex III of Regulation 2004/853 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin.
( 29 ) n = number of units comprising the sample; c = number of sample units giving values between m and M.
( 30 ) For point 2.2.7 m=M.
( 31 ) The most recent edition of the standard shall be used.
( 32 ) The criterion does not apply to products intended for further processing in the food industry.
( 33 ) E. coli is used here as an indicator for the level of hygiene. E. coli
( 34 ) For cheeses which are not able to support the growth of E. coli , the E. coli count is usually the highest at the beginning of the ripening period, and for cheeses which are able to support the growth of E. coli , it is normally at the end of the ripening period. E. coli E. coli E. coli
( 35 ) Excluding cheeses where the manufacturer can demonstrate, to the satisfaction of the competent authorities, that the product does not pose a risk of staphylococcal enterotoxins.
( 36 ) Only ice creams containing milk ingredients.
( 37 ) n = number of units comprising the sample; c = number of sample units giving values between m and M.
( 38 ) The most recent edition of the standard shall be used.
( 39 ) n = number of units comprising the sample; c = number of sample units giving values between m and M.
( 40 ) The most recent edition of the standard shall be used.
( 41 ) n = number of units comprising the sample; c = number of sample units giving values between m and M.
( 42 ) The most recent edition of the standard shall be used.
The studies referred to in Article 3(2) shall include:
Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 November 2005.