Ordinance On The Import Of Food, Etc. With Special Restrictions

Original Language Title: Bekendtgørelse om indførsel af fødevarer m.v. med særlige restriktioner

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=120431

Overview (table of contents) Chapter 1 Executive order area

Chapter 2 Definitions

Chapter 3 Trade

Chapter 4 Albania-cholera and histamine

Chapter 5 Brazil-Histamine

Chapter 6 Canada-avian flu

Chapter 7 of the Republic of Guinea-fishery products

Chapter 8 Indonesia – heavy metals and histamine

Chapter 9 China – chloramphenicol, nitrofurans, Malachite Green, Crystal violet and their metabolites

Chapter 10 Croatia-avian influenza

Chapter 11 Mexico-substances having a hormonal action and beta-agonists

Chapter 12 Myanmar-chloramphenicol

Chapter 13 Switzerland-avian influenza

Chapter 14 South Korea-avian influenza

Chapter 15 Thailand-antimicrobials, nitrofurans and their metabolites as well as avian influenza

Chapter 16 provisions common to non-animal foods

Chapter 17 provisions common to non-food of animal origin covered by chapter 18-23

Chapter 18 import of Brazil nuts in shell as well as peanuts originating in or consigned from Brazil

Chapter 19 Importation of pistachios, etc. originating in or consigned from Iran

Chapter 20 Introduction of peanuts, etc. originating in or consigned from China

Chapter 21 import of figs, hazelnuts and pistachios, etc. originating in or consigned from Turkey

Chapter 22 import of almonds from the United States

Chapter 23 Introduction of peanuts, etc. originating in or consigned from Egypt

Chapter 24 Introduction of guar gum originating in or consigned from India

Chapter 25 Importation of rice products originating in or consigned from China

Chapter 26 the import of sunflower oil originating in or consigned from Ukraine

Chapter 27 Introduction of rice products originating in or consigned from the United States

Chapter 28 Imports of chilli from third countries

   

Chapter 29 penalties

Chapter 30 Effective provisions

Annex 1

Annex 2

Annex 3

Annex 4 The full text of the Ordinance on the import of food, etc. with special restrictions 1)

Pursuant to § 37, § 67 and section 70 (3) of law No. 432 of 9. June 2004 on the keeping of animals and section 29, § 37, paragraphs 2 and 3, article 39, § 41, § 49 paragraph 1, § 50, § 51, and section 60, paragraph 3, of law No. 526 of 24. June 2005 on foods shall be fixed:

Title I

Executive order area and definitions

Chapter 1

Executive order area

§ 1. The notice includes the importation into Denmark and imports via Denmark to other EU countries, Andorra and Norway as well as for fish and fishery products in addition to the Faroe Islands and Iceland by foods, etc. imposed special restrictions originating in or consigned from outside the trading area, see. section 3, paragraph 3, as well as reception in Denmark of certain fish and fishery products and live fish originating in the Faroe Islands.

§ 2. The notice does not cover the products listed in chapter 18-28 who are introduced via other Member States of the European Union and released for free circulation. If these products are subsequently released for free circulation in Denmark, are your products covered by the provisions of the Ordinance for certain contaminants in foodstuffs. Notice provisions concerning Division of parties of two or more parties under section 25 applies, however, remain.

Chapter 2

Definitions

§ 3. By fish products means products consisting of or containing fish, crustaceans or molluscs, tunicates, echinoderms and marine gastropods or including components thereof.

(2). By a party shall mean a quantity of a food item of the same type and processing level, which is subject to the same statutory document, originating from the same sender, transported by the same means of transport, is intended for the same beneficiary, and, in the case of animal foods, is presented at the same time for veterinary control.

(3). By trading land shall mean an EU Member State, Andorra and Norway and for fish and fishery products and bivalve molluscs, echinoderms, tunicates and marine snails in addition, Faroe Islands and Iceland. These are referred to the trade area.

(4). In the course of trade means shipment from a company in another country for a trade company in Denmark by destination





1) foods, as in a company in a trading country has been health or identification mark in accordance with Community provisions, or

2) foodstuffs originating in third countries, as imports into the EU are accepted for free circulation.





(5). In food of animal origin originating in or consigned from China means foods that are totally or partially made from products derived from animals.

(6). By foods originating in a given third country means foods that are derived from companies located in that third country, or which are derived from factory vessels or freezer vessels are registered by this third country.

(7). For the purposes of transit by land transport from a border inspection post directly and without reloading through the trade area to another border inspection post by non-conformist foods originating in a third country and intended for export to a third country.

(8). By non-conformist storage means temporary placement in designated warehouse in the free zone, veterinary customs warehouses or skibsprovianterings company of non-conformist foods originating in a third country and intended for export to a third country.

(9). By non-conformist foods means food originating in the third country, and which do not comply with current legislation.

Paragraph 10. At the designated points of import means the places through which all imports into the community of the foods that are provided for in chapter 18-23, is to take place.

Section II

Food of animal origin, and certain live animals and animal non-foodprodukter-trade

Chapter 3

Trade

§ 4. Reception on trade of slaughtered, non-cleaned salmon (Salmo salar), sea trout (Salmo trutta) and rainbow trout (Oncorhynchus mykiss) originating in the Faroe Islands may only occur if the item is accompanied by a health certificate corresponding to the specimen in annex II of Commission decision 2003/71/EC and its subsequent amendments, see. However, paragraph 5.

(2). Reception in the course of trade of live Salmonidae originating in the Faroe Islands is forbidden, see. However, paragraph 5.

(3). Reception in the course of trade of live eggs of Salmonidae originating in the Faroe Islands may only happen if





1) party have been disinfected twice on grønægstadiet and øjenægstadiet, and

2) item is accompanied by a health certificate corresponding to the specimen in annex I of Commission decision 2003/71/EC as amended.





(4). Reception in the course of trade of live gametes from Salmonidae originating in the Faroe Islands may only happen if the party is accompanied by a health certificate corresponding to the specimen in annex I of Commission decision 2003/71/EC as amended.

(5). Imports of slaughtered, non-cleaned salmon (Salmo salar), sea trout (Salmo trutta) and rainbow trout (Oncorhynchus mykiss), live fish belonging to the family Salmonidae, as well as eggs and gametes thereof originating in the Faroe Islands as samples for scientific purposes shall only be made after prior permission of the veterinary and Food Administration.

Title III

Food of animal origin-imports from third countries

Chapter 4

Albania-cholera and histamine

§ 5. It is forbidden to introduce live fish and shellfish carried in water, originating in or consigned from Albania.

§ 6. It is forbidden to introduce lots of fish and fishery products intended for human consumption from Albania belonging to the families Scombridae, Clupeidae, Coryfenidae, Pomatomidae and Scombresosidae.

(2). Paragraph 1 shall not apply if the mentioned parties is accompanied by the results of an analytical study conducted in Albania or of a foreign accredited laboratory prior to consignment, indicating that the maximum levels of histamine in Regulation (EC) No 1782/2003. 2073/2005 are complied with.

(3). The examinations referred to in paragraph 2 shall be carried out according to the method of sampling and analysis referred to in Regulation (EC) No 1782/2003. 2073/2005.

(4). Are the requirements set out in paragraphs 2 and 3 are not fulfilled, is the importation of the said parties, however, permissible if all consignments of the products in question must be examined in order to verify that they comply with the limit values for histamine in Regulation (EC) No 1782/2003. 2073/2005.

(5). The examinations referred to in paragraph 4 must be made of samples taken on border control site.

(6). The parties referred to in paragraph 4 must be detained at the border inspection post or on one of the cross-the vet instructed inventory until the border veterinarian rejects the lot or shall notify the authorization for that party may be imported.

(7). Expenditure in accordance with paragraphs 2 to 6 shall be borne by the person responsible for the party.

Chapter 5

Brazil-Histamine

§ 7. It is forbidden to introduce lots of fish and fishery products intended for human consumption from Brazil belonging to the families Scombridae, Clupeidae, Engraulidae, Coryfenidae, Pomatomidae and Scombresosidae.

(2). Paragraph 1 shall not apply if the mentioned parties is accompanied by the results of an analytical study conducted in Brazil before consignment, indicating that the maximum levels of histamine in Regulation (EC) No 1782/2003. 2073/2005 are complied with.


(3). The examinations referred to in paragraph 2 shall be carried out according to the method of sampling and analysis referred to in Regulation (EC) No 1782/2003. 2073/2005.

(4). Are the requirements set out in paragraphs 2 and 3 are not fulfilled, is the importation of the said parties, however, permissible if all consignments of the products in question must be examined in order to verify that they comply with the limit values for histamine in Regulation (EC) No 1782/2003. 2073/2005.

(5). The examinations referred to in paragraph 4 must be made of samples taken on border control site.

(6). The parties referred to in paragraph 4 must be detained at the border inspection post or on one of the cross-the vet instructed inventory until the border veterinarian rejects the lot or shall notify the authorization for that party may be imported.

(7). Expenditure in accordance with paragraphs 2 to 6 shall be borne by the person responsible for the party.

Chapter 6

Canada-avian flu

§ 8. It is the pga. Avian influenza disease be prohibited to introduce meat of farmed birds, including poultry, which are farmed as domestic animals, but which are not considered as domestic animals, with the exception of ratites, wild that are hunted for human consumption, meat of ratites and meat preparations and meat products consisting of or containing meat of the abovementioned species from areas in Canada specified in annex 1.

(2). Paragraph 1 shall not apply if the item comes from other areas of Canada than those specified in annex 3 and is accompanied by a certificate with the following information:





1) Item comes from the area of code» CA-1 '.

2) the words ' this consignment are in accordance with Commission decision 2007/693/EC '.





(3). Paragraph 1 shall not apply to meat products, meat products are used when the meat has undergone one of the following treatments:





1) treatment in a hermetically sealed container to a Fo value of 3.00 (preserved).

2) heat treatment to achieve at least 70 ° c throughout the meat during the processing.





Chapter 7

The Republic of Guinea-fishery products

§ 9. It is forbidden to introduce fishery products intended for human consumption from the Republic of Guinea.

(2). Paragraph 1 shall apply to all parties which received at border inspection posts in the community, regardless of whether the parties are produced, stored or certified in the country of origin before the 7. February 2007.

(3). Expenses as a result of the provisions of paragraph 1 shall be borne by the person responsible for the party.

Chapter 8

Indonesia – heavy metals and histamine

§ 10. Border veterinarian shall take samples of all batches of fish and fishery products originating in or consigned from Indonesia. Samples must be taken for the systematic control of the content of heavy metals in order to ensure that the products concerned do not present a hazard to humans. The analysis must ensure that the content of heavy metals do not exceed the limit values laid down in Regulation (EC) No 1782/2003. 466/2001.

(2). For species, belonging to the families Scombridae, Clupeidae, Engraulidae and Coryphaenidae, must be further analysed for histamine in order to ensure that the products concerned do not present a hazard to humans. The analysis must s, best geared to contents of histamine does not exceed the limit values laid down in Regulation (EC) No 1782/2003. 2073/2005.

(3). They referred to in paragraphs 1 and 2 parties must be detained at the border inspection post or on one of the border veterinarian designated for storage until the border veterinarian rejects the lot or shall notify the authorization to the batch may be introduced.

(4). All expenses in connection with paragraphs 1 to 3 shall be borne by the person responsible for the party.

Chapter 9

China – chloramphenicol, nitrofurans, Malachite Green, Crystal violet and their metabolites

§ 11. It is forbidden to introduce food of animal origin originating in or consigned from China.

(2). Paragraph 1 shall not apply to:





1) Gelatin.

2) fishery products, except





a) aquaculture products,

b) peeled or processed shrimp, and

c krebs of the species Procambrus clarkii), who is caught in natural fresh waters by fishing.









(3). Paragraph 1 shall not apply to the following products, if each Party shall be accompanied by a declaration by the competent Chinese authorities of which partly indicates that party prior exports have been subject to a chemical test in order to ensure that the products concerned do not constitute a risk to human health, on the one hand the results of the analytical studies is clear and shows that the party does not contain chloramphenicol, nitrofurans and their metabolites :





1) aquaculture products,

2) peeled or processed shrimp,

3) krebs of the species Procambrus clarkii caught in natural fresh waters by fishing operations,

4) casings

5) rabbit meat

6) honey, and

7) Royal Jelly.





(4). For consignments of aquaculture products shall also be indicated in the Declaration referred to in paragraph 3 to the competent Chinese authorities, on the one hand, to the party before the exports have been subject to a chemical test in order to ensure that the products concerned do not constitute a risk to human health, on the one hand the results of the analytical studies is clear and shows that the party does not contain Malachite Green, Crystal violet and their metabolites.

(5). Consignments of aquaculture products, which is not accompanied by the Declaration referred to in paragraph 4, may, however, for a period up to and including the 12. August 2008 admitted, on condition that border controls testing of each batch and submit these to a chemical test for content of Malachite Green, Crystal violet and their metabolites.

(6). The parties referred to in paragraph 5 should be detained at the border inspection post or on one of the border veterinarian designated for storage until the border veterinarian rejects the lot or shall notify the authorization for that party may be imported.

(7). All expenses in connection with paragraphs 5-6 shall be borne by the person responsible for the party.

Chapter 10

Croatia-avian influenza

§ 12. It is the pga. Avian influenza disease be prohibited to introduce fresh meat of wild feathered game, meat products and meat preparations consisting of or containing meat of wild feathered game originating in or consigned from a part of Croatia, which are listed in annex 2.

(2). Paragraph 1 shall not apply to meat products, meat products are used when the meat has undergone one of the following treatments:





1) treatment in a hermetically sealed container to a Fo value of 3.00 (preserved).

2) heat treatment to achieve at least 70 ° c throughout the meat during the processing.





Chapter 11

Mexico-substances having a hormonal action and beta-agonists

§ 13. Border veterinarian shall take samples of all batches of fresh meat and meat products of equidae originating in or consigned from Mexico. Samples shall be taken for verification of the content of substances having a hormonal action and beta-agonists used as growth promoters.

(2). Referred to in paragraph 1, the Parties shall be detained at the border inspection post or on one of the cross-the vet instructed inventory until the border veterinarian rejects the lot or shall notify the authorization to the batch may be introduced.

(3). Expenditure in accordance with paragraphs 1 and 2 shall be chargeable to the person responsible for the party.

Chapter 12

Myanmar-chloramphenicol

§ 14. Border veterinarian shall take samples of all batches of crustaceans or foods made from or with crustaceans originating in or consigned from Myanmar. Samples for systematic control of the content of chloramphenicol in order to ensure that the products concerned do not present a hazard to humans.

(2). Referred to in paragraph 1, the Parties shall be detained at the border inspection post or on one of the cross-the vet instructed inventory until the border veterinarian rejects the lot or shall notify the authorization to the batch may be introduced.

(3). Expenditure in accordance with paragraphs 1 and 2 shall be chargeable to the person responsible for the party.

Chapter 13

Switzerland-avian influenza

§ 15. It is the pga. Avian influenza disease be prohibited to introduce fresh meat of wild feathered game, minced meat, mechanically separated meat, meat products and meat preparations consisting of or containing meat of wild feathered game originating in or consigned from the part of Switzer's area listed in annex 3.

(2). Paragraph 1 shall not apply to meat products, meat products are used when the meat has undergone one of the following treatments:





1) treatment in a hermetically sealed container to a Fo value of 3.00 (preserved).

2) heat treatment to achieve at least 70 ° c throughout the meat during the processing.





(3). Paragraph 1 shall not apply to foods containing meat derived from birds slaughtered or hunted before 1. February 2006.

(4). In the veterinary certificates accompanying consignments referred to in paragraph 3, the following must appear, depending on the species, there is talk about: ' fresh meat of wild feathered game meat/minced meat, meat preparations, mechanically separated meat or meat product consisting of, or containing meat of wild feathered game meat obtained from birds hunted before 1. February 2006, see. Article 1, paragraph 2, of Commission decision 2006/265/EC. ' It is not applicable must be deleted.

Chapter 14

South Korea-avian influenza

§ 16. It is forbidden to introduce eggs for human consumption originating in or consigned from Korea.

Chapter 15


Thailand-antimicrobials, nitrofurans and their metabolites as well as avian influenza

§ 17. Border veterinarian shall take samples of all batches of crustacean, poultry meat or foods made from or with crustaceans or poultry meat, accompanied by a health certificate issued before the 21st century. September 2002 originating in or consigned from Thailand. Samples for systematic control of the content of antimicrobial substances and in particular nitrofurans and their metabolites in order to ensure that the products concerned do not present a hazard to humans.

(2). Referred to in paragraph 1, the Parties shall be detained at the border inspection post or on one of the cross-the vet instructed inventory until the border veterinarian rejects the lot or shall notify the authorization to the batch may be introduced.

(3). Expenditure in accordance with paragraphs 1 and 2 shall be chargeable to the person responsible for the party.

§ 18. It is the pga. Avian influenza disease be prohibited to introduce fresh meat of poultry, ratites, farmed and wild feathered game, meat products and meat preparations consisting of or containing meat of the abovementioned species and eggs for human consumption originating in or consigned from Thailand.

(2). Paragraph 1 shall not apply to poultrymeat products when it in the meat products poultry meat used has undergone one of the following treatments:





1) treatment in a hermetically sealed container to a Fo value of 3.00 (preserved).

2) heat treatment to achieve at least 70 ° c throughout the meat during the processing.





Title IV

Non-food of animal origin

Chapter 16

Common provisions for non-animal foods

§ 19. The products referred to in chapter 18-28 must imports directly from a third country is introduced via Danish ports or airports.

(2). Similar rules apply to imports from a third country to Denmark via another EU country.

§ 20. Prior to the introduction of the chapter 18-28 referred to products imported directly from third countries shall be the person responsible for the party review introduction to food region in the area of food imported into Denmark. The notification shall be food region not later than the last working day (Monday to Friday) prior to importation.

(2). Paragraph 1 shall also apply to products imported to Denmark via other EU-countries, but which are not released for free circulation.

§ 21. Chapter 17-23 does not apply to consignments of food with a gross weight of 5 kg or less.

(2). The rules on processed and compound foodstuffs in chapter 18-23 applies only if the food items account for at least 10 per cent of the food.

Chapter 17

Common provisions for non-food of animal origin covered by chapter 18-23

§ 22. The import of food items is only permitted, if the parties are accompanied by the results of sampling and analysis for aflatoxin and an animal health certificate drawn up following the model set out in annex I to Commission decision 2006/504/EC, as amended, and which is completed, signed and verified by the competent authority of the country of origin.

(2). The party must not be transformed before it is released by the food the region after checking, see. Article 24, paragraph 3.

(3). Sampling and analyses, see. paragraph 1 shall be carried out in accordance with Regulation (EC) No 1782/2003. 401/2006.

(4). The health certificate referred to in article 6. (1) is only valid for food imports into the community for a maximum period of four months from the date of issue and shall be drawn up in the Danish or English.

(5). If a food is not accompanied by the party referred to in paragraph 1, the results of sampling and analysis and health certificate, should the party not brought into the country for the purposes of transport on to receive company or import into the community, and it must be returned to the third country of origin or destroyed.

(6). Any party food must be identified by means of a batch of code that corresponds to the code on the results of sampling and analysis and health certificate referred to in paragraph 1. Each bag or some other type of packaging in the party must be identified with this lot code.

§ 23. The documentary check shall be carried out at the place where the food the first time entering the community. Food region under throws parties documentary checks to ensure that they are in section 22 (1) requirements concerning the results of sampling and analysis and health certificate are met.

§ 24. Food the region set aside at the designated point of import/receive activities in accordance with Annex 1 to Regulation (EC) No 1782/2003. 401/2006 a test sample of batches, see. sampling frequencies in chapter 18-23, and examines it for aflatoxin B1 and total aflatoxin contamination before the party is released for free circulation from the community's designated point of import.

(2). Parties to be subjected to sampling and analysis, can be detained for a maximum of 15 arbejdsda-ge (Monday-Friday) – starting from the time when they are presented for importation and is physically hed-availability of sampling – before release for free circulation.

(3). Food the region's control of the Party shall be documented by completing the joint document, see. the model set out in annex III of Commission decision 2006/504/EC as amended, which is copied to the back of the accompanying certificate, see. § 22 (1).

(4). Food region fills the common document for control of foods covered by chapter 18-23.

§ 25. If a party to be divided into two or more parties, copies of the health certificate referred to in article 6. § 22 (1), as well as the accompanying document referred to in article 6. Article 24, paragraph 4, follow each of the new parties up to and including the wholesale stage. Decreases on the authenticity must be confirmed by the endorsement on the copy by the competent authority of the EU country in which the splitting has taken place, and the Division must not take place before the control.

Chapter 18

The import of Brazil nuts in shell as well as peanuts originating in or consigned from Brazil

section 26. This provision shall apply to imports of the following foodstuffs originating in or consigned from Brazil:





1) Brazil nuts in shell falling within CN code 0801 21 00, and

2) mixtures of nuts or dried fruits falling within CN code 0813 50 and containing Brazil nuts in shell.





(2). The competent authority in Brazil is with by the Ministério da Agricultura, Pecuária e Abastecimento, see. § 22 (1).

(3). Tests and analysis for contents of aflatoxin in the party must be carried out by the Laboratório de Controle de Qualidade de Segurança Alimentar-(LACQSA), Belo Horizonte, Brazil.

(4). Food region carries out sampling of each lot, see. § 24.

(5). If a consignment of Brazil nuts in shell does not comply with the limit values for the content of aflatoxin B1 and total aflatoxin, requiring food importers to return the party to the region of the country of origin within a period specified by the region in terms of that with by the Ministério da Agricultura, Pecuária e Abastecimento in writing:





1) signify that would receive the consignment in question, identified by batch code, return,

2) expresses that the consignment will be under official control from arrival to high-seslandet, and

3) specify a precise statement of





(a) the party of destination, returned)

(b)) the planned treatment of the returned consignment, and

c) which tests and analyses carried out on the returned batch is scheduled.









(6). If the importer cannot obtain a guarantee from the public prosecutor's da Agricultura, Pecuária e Abas-tecimento that the conditions set out in paragraph 5, Nos. 1-3, have been complied with, requiring food region to subsequent parties who do not comply with the maximum levels for aflatoxin B1 and aflatoxin total, see. Regulation (EC) No 1782/2003. 466/2001 shall be destroyed. Destruction must take place under the supervision of food region.

(7). If return is not possible in accordance with paragraph 5, or if the importer gives its consent, requiring immediate food region party destroyed. The importer must be able to supply documentation on request for destruction to food region.

§ 27. This provision shall apply to imports of the following foodstuffs originating in or consigned from Brazil:





1) peanuts falling within CN code 1202 10 90 or 1202 20 00,,

2) peanuts falling within CN code 2008 11 94 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg), and

3) roasted peanuts falling within CN code 2008 11 92 (in immediate packs of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg).





(2). Food region carries out sampling of 50 per cent of the parties referred to in article 6. § 24.

(3). sections 22 and 23 do not apply to imports of the products referred to in paragraph 1 originating in or consigned from Brazil.

section 28. All costs resulting from sampling, analysis and storage, as well as the issuing of accompanying official documents and copies of the health certificate and accompanying documents referred to in article 6. section 22 and section 24 relating to food from Brazil, which is referred to in this chapter, shall be borne by the undertaking responsible for the party.


(2). All costs related to official measures taken by the competent authorities as regards food, from Brazil, as referred to in this chapter, which does not comply with food law, shall be borne by the undertaking responsible for the party.

Chapter 19

Imports of pistachio nuts, etc. originating in or consigned from Iran

section 29. This provision shall apply to imports of the following foodstuffs originating in or consigned from Iran:





1) pistachios falling within CN code 0802 50 00,

2) roasted pistachios falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) or 2008 19 93 (in immediate packings of a net content not exceeding 1 kg), and

3) processed and compound foodstuffs derived from or containing at least 10 percent of those in the No. 1-2 referred to food.





(2). The competent authority in Iran is the Iranian Ministry of Health, without prejudice. § 22 (1).

(3). Food region carries out sampling of each lot, see. § 24.

section 30. All costs resulting from sampling, analysis and storage, as well as the issuing of accompanying official documents and copies of the health certificate and accompanying documents referred to in article 6. section 22 and section 24 relating to food from Iran, which is referred to in this chapter, shall be borne by the undertaking responsible for the party.

(2). All costs related to official measures taken by the competent authorities as regards foodstuffs from Iran, as referred to in this chapter, which does not comply with food legislation, shall be borne by the undertaking responsible for the party.

Chapter 20

Imports of peanuts, etc. originating in or consigned from China

section 31. This provision shall apply to imports of the following foodstuffs originating in or consigned from China:





1) peanuts falling within CN code 1202 10 90 or 1202 20 00,

2) peanuts falling within CN code 2008 11 94 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg)

3) roasted peanuts falling within CN code 2008 11 92 (in immediate packs of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg), and

4) processed and compound foodstuffs derived from or containing at least 10 percent of those in the No. 1-3, those foods.





(2). The competent authority in China is the State Administration for Entry-Exit inspection and Quarantine of the people's Republic of China, see. § 22 (1).

(3). Food region carries out sampling of 10% of the consignments for each category, see. § 24.

section 32. All costs related to official measures taken by the competent authorities as regards food from China, as referred to in this chapter, which does not comply with food-item legislation, shall be borne by the undertaking responsible for the party.

Chapter 21

The import of figs, hazelnuts and pistachios, etc. originating in or consigned from Turkey

section 33. This provision shall apply to imports of the following foodstuffs originating in or consigned from Turkey:





1) Dried figs falling within CN code 0804 20 90,

2) hazelnuts (Corylus SP.) with or without must falling within CN code 0802 21 00 or 0802 22 00,

3) pistachios falling within CN code 0802 50 00,

4) mixtures of nuts or dried fruits falling within CN code 0813 50 and containing figs, hazelnuts or pistachios,

5) fig paste and hazelnut paste falling within CN code 2007 99 98,

6) hazelnuts, figs and pistachios, prepared or preserved, including mixtures falling within CN code 2008 19,

7) flour, meal and powder of which CN code 1106 30 90,

8) chopped, sliced or crushed hazelnuts, and

9) processed and compound foodstuffs derived from or containing at least 10 percent of those in the No. 1-8 mentioned foods.





(2). The competent authority in Turkey is the General Directorate of Protection and Control of the Ministry of Agriculture and Rural Affairs of the Republic of Turkey, see. § 22 (1).

(3). Food region carries out sampling of approximately 5 per cent of the parties of each of the hazelnut categories with CN codes referred to in paragraph 1, no. 2 and 4-8, and products derived from such hazelnuts and about 10 per cent of the lots of other food categories, see. § 24.

§ 34. All costs related to official measures taken by the competent authorities as regards foodstuffs from Turkey, as referred to in this chapter, which does not comply with food law, shall be borne by the undertaking responsible for the party.

Chapter 22

Importation of almonds from the United States

section 35. This provision shall apply to the following foodstuffs originating in or consigned from the United States:





1) almonds with or without shell, falling within CN codes 0802 11 or 0802 12,

2) roasted almonds in the packing of a net content exceeding 1 kg falling within CN codes 2008 19 13,

3) roasted almonds in the packing of a net weight of up to 1 kg, falling within CN code 2008 19 93, and

4) mixtures of nuts and fruits falling within CN code 0813 50, containing almonds.

5) processed and compound foodstuffs derived from or containing at least 10 percent of those in the No. 1-4 mentioned foods.





(2). The competent authority in the United States is the United States Department of Agriculture (USDA).

(3). Food region must test the 5 per cent of the parties referred to in paragraph 1, the foods that have been covered by the voluntary sampling program for aflatoksinkontrol (Volentary Aflatoxin Sampling Plan), as the Almond Board of California launched in May 2006.

(4). Food region must test all parties referred to in paragraph 1, the foods that are not covered by paragraph 3.

(5). Notwithstanding section 22, foods that are covered by paragraph 4, imported into the EU without being accompanied by the results of sampling and analysis and health certificate.

(6). As far as the analysis referred to in article 22 shall be carried out by a laboratory which is or is about to be approved for aflatoxin analysis of USDA, and accredited in accordance with EN ISO/IEC 17025.

(7). Is the laboratory referred to in paragraph 6 has not yet been accredited, it is a requirement that the laboratory:





1) has introduced and follows the necessary accreditation procedures, and

2) presenting sufficient guarantees that the laboratory has established mechanisms for quality control of the aflatoxin analysis, it performs.





(8). The health certificate accompanying consignments referred to in paragraph 3 foods, see. section 22 shall contain a reference to the voluntary sampling plan for aflatoksinkontrol.

§ 36. All costs resulting from sampling, analysis and storage, as well as the issuance of official documents and copies of accompanying health certificate and accompanying documents referred to in article 6. section 22 and paragraph 24 concerning the foods from the United States, see. section 35, paragraph 4, which does not comply with food law, shall be borne by the undertaking responsible for the party.

(2). All costs related to official measures taken by the competent authorities as regards food, from the United States, as provided for in this chapter, which does not comply with food law, shall be borne by the undertaking responsible for the party.

Chapter 23

Imports of peanuts, etc. originating in or consigned from Egypt

section 37. This provision shall apply to imports of the following foodstuffs originating in or consigned from Egypt:





1) peanuts falling within CN code 1202 10 90 or 1202 20 00,

2) peanuts falling within CN code 2008 11 94 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg)

3) roasted peanuts falling within CN code 2008 11 92 (in immediate packs of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg), and

4) processed and compound foodstuffs derived from or containing at least 10 percent of those in the No. 1-3, those foods.





(2). The competent authority in Egypt is the Egyptian Ministry of Agriculture and forestry, in accordance with article 3. § 22 (1).

(3). Food region carries out sampling of 20% or more of the parties referred to in article 6. § 24.

(4). All costs related to official measures taken by the competent authorities as regards food from Egypt, as referred to in this chapter, which does not comply with food law, shall be borne by the undertaking responsible for the party.

Chapter 24

Imports of guar gum originating in or consigned from India

section 38. This provision shall apply to imports of:





1) guar gum CN code 1302 32 90 originating in or consigned from India, and

2) compound foods containing at least 10% of the referred to in paragraph 1, guar gum originating in or consigned from India.





(2). The first placing on the market referred to in paragraph 1, the food is only permitted if the food has been analyzed and is accompanied by an original analytical report certifying that food does not contain more than 0.01 mg/kg of pentachlorophenol (PCP).

(3). The analysis referred to in paragraph 2, the certificate must be issued by a laboratory:






1) are accredited according to EN ISO/IEC 17025 for carrying out analyses of PCP in feed and food, or

2) has initiated the necessary accreditation procedure and implement an adequate quality control.





(4). The analysis report referred to in paragraph 2 must specify the results of the analysis with the expanding measurement uncertainty, and must be endorsed by a representative of the relevant competent authority of the country in which the laboratory is located.

(5). Food region must verify that all parties with the food referred to in paragraph 1 shall be presented to the first placing on the market, be accompanied by the original referred to in paragraph 2, the analysis report.

(6). Each party referred to in paragraph 1, the food must be able to be identified by a code, which corresponds to the code that is listed in the analytical report on the results of sampling and analysis. This code must be placed in each single package.

(7). Notwithstanding paragraph 2, the first placing on the market of foods covered by paragraph 1, however, may be permitted, on condition that:





1) to the person in charge of the party, who must be a resident of the EUROPEAN UNION, lets analyze the food at a laboratory that meets the conditions referred to in paragraph 3, and

2) to report by the in number 1 above analysis demonstrates that the food does not contain more than 0.01 mg/kg of pentachlorophenol (PCP).





(8). The food referred to in paragraph 7 shall be retained under official supervision for a period not exceeding 60 days, after which food region Announces permission for free circulation. Food the region's permission must be granted only when the food the region has found that the report of the carried out analysis, see. paragraph 7 has been endorsed by Until the analysis report for food, subject to paragraph 7, has been endorsed by a representative of the competent authority of the country in which the laboratory is located.

(9). In paragraphs 2 and 7 listed analyses must be carried out on samples taken from a representative sample of the lot in accordance with Directive 2002/63/EC. Sampling must be carried out with an acidic solvent, and the analysis must be carried out in accordance with the amended version of the QuEChERS method, as described on the website of the Community reference laboratories for pesticide 1).

Paragraph 10. Food region shall carry out sampling and analysis of 5 per cent of foods covered by paragraph 1, which shall be presented to the first placing on the market in order to verify that the maximum level of 0.01 mg/kg of pentachlorophenol (PCP) is not exceeded. Parties subjected to official sampling and analysis, may be detained for a period of 15 working days (Monday to Friday) before release for free circulation, of the basic regulation. However, paragraph 11.

Paragraph 11. If a party covered by paragraph 1, detected more than 0.01 mg/kg of pentachlorophenol (PCP), taking into account the measurement uncertainty, the food the region seize the party and order that the party be returned or destroyed. The person responsible for the consignment to be able to supply documentation on request for the return or destruction of food region.

Paragraph 12. If a party to be divided into two or more parties, copies of the 7 referred to in paragraph 2 or analysis report following each of the new parties up to and including the wholesale stage. Decreases on the authenticity must be confirmed by the endorsement on the copy by the competent authority of the EU country where the Division takes place. The Division shall not be made before the checks. Food region can also issue certified copies of the 7 referred to in paragraph 2 or the analysis report, when the food are released for free circulation, if the person responsible for the party announces that this intends to divide the party.

Paragraph 13. Notwithstanding paragraph 2, the foods covered by paragraph 1, which have left the country of origin or the country of dispatch at the latest by 4. May 2008 be used and placed on the market, even if they are not accompanied by the required analysis report.

Paragraph 14. All costs for sampling, analysis, storage, or for actions taken as a result of non-compliance with the conditions laid down shall be borne by the undertaking responsible for the party.

Chapter 25

Imports of rice products originating in or consigned from China

§ 39. It is forbidden to introduce the following foodstuffs originating in, or sent from China:





1) Paddy rice falling within CN code 1006 10,

2) husked (Brown) rice, falling within CN code 1006 20,

3) semi-milled or milled rice, whether or not polished or glazed, falling within CN code 1006 30,

4) broken rice falling within CN code 1006 40 00,

5) rice flour, falling within CN code 1102 90 50,

6) groats and meal of rice, falling within CN codes 1103 19 50,

7) Pellets of rice, falling within CN codes 1103 20 50,

8) flaked rice, falling within CN code 1104 19 91,

9) cereal grains otherwise worked (for example, Hulled, rolled, flaked, pearled, sliced or kibbled), except oats, wheat, rye, maize, barley and flakes of rice falling within CN code 1104 19 99,

10) Rice, falling within CN code 1108 19 10,

11) prepared foods for children, in packings for retail sale falling within CN code 1901 10 00,

12) Pasta, not cooked, stuffed or otherwise prepared, containing eggs falling within CN codes 1902 11 00,

13) Pasta, not cooked, stuffed or otherwise prepared, and not containing eggs, falling within CN code 1902 19,

14) stuffed Pasta, whether or not cooked or otherwise prepared, falling within CN code 1902 20,

15) Other pasta products (other than pasta, not cooked, stuffed or otherwise prepared and stuffed pasta, whether or not cooked or otherwise prepared), falling within CN code 1902 30,

16) prepared foods obtained by the swelling or roasting of cereals or cereal products of rice falling within CN code 1904 10 30,

17) mixtures of ' muesli-type based on unroasted Cereal flakes, falling within CN code 1904 20 10,

18) prepared foods obtained from unroasted Cereal flakes or from mixtures of unroasted Cereal flakes or swelled cereals-goods of rice (except mixtures of ' muesli-type based on unroasted Cereal flakes), falling within CN code 1904 20 95,

19) Rice, pre-cooked or otherwise prepared, not elsewhere specified or included (except flour, groats or meal, prepared foods obtained by the swelling or roasting, or of unroasted flakes cereal or other mixture of unroasted Cereal flakes and roasted Cereal flakes or expanded grain), falling within CN code 1904 90 10,

20) communion wafers, empty cachets of a kind used for pharmaceutical use, sealing wafers, and similar products, of flour and starches falling within CN code 1905 90 20, ex

21) bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice, with starch at 35% or less, falling within CN code 2302 40 02,

22) bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice in cases other than containing starch at 35% or less, falling within CN code 2302 40 08, and

23) Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hudpulver, also treated with chromsalt, falling within CN code 3504 00 00.





(2). Paragraph 1 shall not apply to the parties, which is accompanied by an original analytical report demonstrating that the consignment does not contain, consist of or are produced from genetically modified Bt-63 rice. The analytical report should be issued by an official or accredited (ISO 17025) laboratory and must be drawn up on the basis of the analytical methods, based on the design-specific method developed by d. Mäde et al., for the detection of the genetically modified Bt 63 rice. In cases where the report was issued by a Chinese accredited laboratory, analytical report be approved by the relevant competent authority. The analytical report shall also be submitted in Danish or English, and in a language understood by the issuer.

(3). If the analysis report referred to in paragraph 2 is not available, the importer shall allow the party to examine in order to demonstrate that the food does not contain the genetically modified Bt 63 rice. Until the analysis report is available with satisfactory result, should parties not marketed in the EU.

(4). Food region under throws parties, as mentioned in paragraphs 2 and 3, documentary checks to ensure that the conditions relating to the results of sampling and analysis have been met.

(5). If a party to be divided into two or more parties, copies of the referred to in paragraphs 2 and 3, respectively, the analysis report referred to in paragraph 6 Declaration follow each of the new parties. Decreases on the authenticity must be confirmed by endorsement by the competent authority of the EU country where the Division takes place.


(6). Where in accordance with paragraph 1. These products do not contain, consist of or are produced from rice, can the original analytical report will be replaced by a declaration by the person responsible for placing the product on the market in the EU, which indicates that the food either contains, consists of or is produced from rice. This declaration must be drawn up in a language that the person responsible for placing on the market of the product in the EUROPEAN UNION understand, so he is aware of the scope of the Declaration, he writes. The Declaration shall be presented at the Danish or English, and in a language understood by the importer.

(7). Parties that are subject to sampling and analysis in accordance with paragraph 3, shall not be translated or put into use before the food the region has granted permission to do so, including approved the report of the carried out analysis, see. (3).

(8). If a party to whom paragraph 1 detected the genetically modified Bt-63 rice, seizing food region the party and order their redispatch to third country or destruction of the lot. The importer must be able to supply documentation on request for destruction to food region.

(9). Expenditure in connection with this article shall be borne by the undertaking responsible for the party.

Chapter 26

Import of sunflower oil originating in or consigned from Ukraine

§ 40. This provision shall apply to the import of sunflower oil falling within CN code 1512 11 91 or 1512 19 90 10 originating in or consigned from Ukraine.

(2). It is forbidden to introduce sunflower oil, as referred to in paragraph 1, originating in or consigned from Ukraine.

Chapter 27

Imports of rice products originating in or consigned from the United States

§ 41. It is forbidden to introduce the following foodstuffs originating in the United States:





1) Paddy rice, long-grain, parboiled Long A within CN code 1006 10 25,

2) paddy rice, long-grain, parboiled Long B within CN code 1006 10 27,

3) other than paddy rice, long grain parboiled Long A within CN code 1006 10 96,

4) other than paddy rice, long grain parboiled Long B within CN code 1006 10 98,

5) husked (Brown) rice parboiled long grain (Long A), falling within CN code 1006 20 15,

6) husked (Brown) rice long-grain, parboiled Long B within CN code 1006 20 17,

7) husked (Brown) rice long grain (Long A), falling within CN code 1006 20 96,

8) husked (Brown) rice long grain rice Long B within CN code 1006 20 98,

9) semi-milled rice, long-grain, parboiled Long A within CN code 1006 30 25,

10) semi-milled rice, long-grain, parboiled Long B within CN code 1006 30 27,

11) semi-milled rice long grain (Long A), falling within CN code 1006 30 46,

12) semi-milled rice, long grain rice Long B within CN code 1006 30 48,

13) milled rice, long-grain, parboiled Long A within CN code 1006 30 65,

14) milled rice, long-grain, parboiled Long B within CN code 1006 30 67,

15) milled rice, long grain (Long A), falling within CN code 1006 30 96,

16) milled rice, long grain rice Long B within CN code 1006 30 98, and

17) broken rice covered by CN code 1006 40 00, which are not certified as being free of long-grain rice.





(2). Paragraph 1 shall not apply to the parties, which is accompanied by the following original documents:





1) a declaration by the importer with confirmation that the products contain only rice from 2007 or a later harvest and have been subjected to the plan drawn up by the U.S. Rice federation, which aims to remove» LL RICE 601 ' from the rice exported from the United States, and

2) an original version of the analytical report issued by a laboratory which complies with the requirements of annex 4, with confirmation that the products do not contain genetically modified RICE LL RICE 601 ' '. The analysis report will be accompanied by an official document issued by the Grain Inspection, Packers and Stockyards Administration (GIPSA) under the United States Department of agriculture (USDA) in accordance with the Protocol set out in annex 4.





(3). If a party to be divided into two or more parties, copies of the supporting documents referred to in paragraph 2 shall follow each of the new parties. Decreases on the authenticity must be confirmed by endorsement by the competent authority of the EU country where the Division takes place.

(4). Expenditure in connection with this article shall be borne by the undertaking responsible for the party.

Chapter 28

Imports of chilli from third countries

§ 42. It is forbidden to introduce the following foods and food ingredients from third countries:





1) Dried and crushed or ground spices of genus Capsicum (chili) falling within CN code 0904 20 90, in whatever form,

2) Curry Powder within CN code 0910 50, in whatever form,

3) Dried and crushed or ground within CN code 0910 30 turmeric in whatever form, and

4) Palm oil within CN code 1511 10 90 in whatever form.





(2). Paragraph 1 shall not apply to consignments shall be accompanied by an original analytical report is endorsed by a representative of the competent authority and certifying that the party does not contain any of the following chemical substances:





1) Sudan I (CAS number 842-07-9.)

2) Sudan II (CAS number 3118-97-6.)

3) Sudan III (CAS number 85-86-9), or

4) Scarlet Red or Sudan IV (CAS number 85-83-6).





(3). Food the region verifies that all consignments of products covered by this article, which are imported from third countries, shall be accompanied by an original report, as provided for in paragraph 2.

(4). If the analysis report referred to in paragraph 2 is not available, the importer must leave the party during the search in order to demonstrate that it does not contain the substances referred to in paragraph 2.

(5). Food the region seized by parties that are subject to sampling and analysis in accordance with paragraph 4. Consignments may not be translated or put into use before the food the region has granted permission to do so.

(6). Food region shall undertake at random sampling and analysis referred to in paragraph 1, the Parties introduced or already on the market in order to verify that they do not contain the substances referred to in paragraph 2.

(7). Parties subjected to official sampling and analysis, may be detained for a period of 15 working days (Monday to Friday) before they are released into the circulation, see. However, paragraph 9.

(8). If a party to be divided into two or more lots shall copies of the in (2) or (4) of the analysis report referred to follow each of the new parties up to and including the wholesale stage. Decreases on the authenticity must be confirmed by the endorsement on the copy by the competent authority of the EU country in which the splitting has taken place, and the Division must not take place before the control.

(9). If in a party, within the scope of paragraph 1, be demonstrated one of the substances referred to in paragraph 2, food-Region seize the party and order the destruction of the party. The importer must be able to supply documentation on request for destruction to food region.

Paragraph 10. Expenditure in connection with this article, however, with the exception of paragraph 6, for analysis, storage and destruction shall be borne by the person responsible for the party.

Paragraph 11. The requirement for endorsement by a representative of the competent authority referred to in paragraph 2 shall apply to parties which have left the country of origin after the 28. May 2005.

Paragraph 12. The demand for accompanying analysis report for Curcuma and palm oil in paragraphs 1 to 2 shall apply to parties which have left the country of origin after the 28. May 2005.

Title V

Transitional provisions

section 43. Notwithstanding section 22, paragraph 1, allows the import of consignments of food the region has left the country of origin before 1 May 2004. October 2006 and are accompanied by a health certificate as provided for in Commission decision 2000/49/EC as regards food from Egypt, Commission decision 2002/79/EC as regards food from China, Commission decision 2002/80/EC as regards foodstuffs from Turkey, Commission decision 2003/493/EC as regards food from Brazil and Commission decision 2005/85/EC as regards foodstuffs from Iran.

Title VI

Criminal and commencement provisions

Chapter 29

Criminal provisions

§ 44. With fine punished anyone who





1) violates section 4, section 5, section 6, paragraph 1, or 3-6, section 7, paragraph 1, or 3-6, section 8, paragraph 1, section 9, paragraph 1, article 10, paragraph 3, article 11, paragraph 1, or 5-6, section 12, paragraph 1, article 13, paragraph 2, article 14, paragraph 2, article 15, paragraph 1, or 4, § 16, section 17, paragraph 2, article 18, paragraph 1, article 19, paragraph 1, section 20, section 22, section 23, 1. paragraph, article 25, article 26, paragraph 3, 6, 2. paragraph, or (7) 2. section, § 35, paragraphs 6-8, article 38, paragraphs 2 to 4, 6, 8, 9, 11, 2. point, or 12, section 39 (1), (2), 2. or 3. paragraph, 3, 5-7 or 8, 2. paragraph, article 40, paragraph 2, article 41, paragraph 1, or 3, or section 42 (1), 4-5, 8, 9, 2. point, or 11-12,

2) fails to comply with the injunction under section 26, paragraphs 5-7, section 38, paragraph 11, § 39, paragraph 8, or section 42, paragraph 9, or

3) overrides terms laid down under section 4, paragraph 5, article 6, paragraph 6, section 7, paragraph 6, section 10, paragraph 3, article 11, paragraph 5-6, section 13, paragraph 2, article 14, paragraph 2, article 17, paragraph 2, article 22, paragraph 2, or 5, section 26, paragraph 5, section 38, paragraph 7-8, § 39, paragraph 7, or section 42, paragraph 5.






(2). The penalty can rise to imprisonment for up to 2 years, if it knows the action or failure occurred violations are committed with intent or gross negligence and in the infringement is





1) caused damage to the health or caused danger therefor, or

2) achieved or intentional obtained a financial benefit for the person himself or others.





(3). The penalty can rise to imprisonment for up to 2 years, if





1) the infringement was committed with intent or gross negligence and that the infringement is caused by damage to human or animal health or caused danger for this or

2) the infringement was committed intentionally and in the infringement is achieved or intentional obtained a financial benefit for the person himself or others, including savings.





(4). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 30

Date of entry into force provisions

§ 45. The notice shall enter into force on the 1. July 2008.

(2). At the same time repealed Executive Order No. 935 of 8. September 2006 for imports of food, etc. with special restrictions.
Food Agency, the 20. June 2008 Anders Munk Jensen/Erik Engelst Annex 1

Part of Canada's area, see. § 8 (1)









The ISO country code





Country name





Part of the area







CA





Canada











In Canada: Area subject to restrictions (10 km), in the province of Saskatchewan comprising a part of the Rural Municipality of Lumsden # 189, that:







-





To the South is bounded by Highway 11.







-





To the Southeast is bounded by Highway 20 to the Last Mountain Creek.







-





To the East and North is bounded by Last Mountain Creek, and Last Mountain Lake.







-





To the West is bounded by the eastern half of the Range 23 (3 miles) in Township 21 and 20 to its intersection with Highway 11 in the Rural Municipality of Dufferin # 190.













Annex 2

Part of the territory of Croatia, see. § 12 (1)









The ISO country code





Country name





Part of the area







HR





Croatia





In Croatia: All areas in Croatia, for which the Croatian authorities have officially applied restrictions that are equivalent to those laid down in Commission decision 2006/115/EC.







Annex 3

Part of Switzerland ' region, see. section 15 (1)









The ISO country code





Country name





Part of the area







CH





Switzerland





In Switzerland: All areas in Switzerland, for which the Swiss authorities have officially applied restrictions that are equivalent to those laid down in Commission decision 2006/115/EC and Commission decision 2006/135/EC.







Annex 4

Protocol on sampling and testing of batches of long grain rice originating in the United States before export from the United States to the European Community









1)





Purpose and application. This annex is based on recommendation 2004/787/EC (Official Journal of the European Union 2004 L 348 s. 8). Particular account shall be taken of the fact that the available methods are qualitative, and that the annex relates to the detection of a prohibited GMOS, which is not fixed tolerance threshold. Samples intended for the official control of that rice products do not contain LL RICE 601, shall be taken in accordance with the methods described below. Collect the samples considered representative of the lots, they are taken from.







2)





Definitions. For the purposes of this annex, the definitions in recommendation 2004/787/EC shall apply.







3)





Sampling. Staff employed at the USDA's Grain Inspection, Packers and Stockyards Administration (GIPSA) take samples of each consignment (each batch) long grain rice originating in the United States, to be sent to Europe, in accordance with existing sampling procedures. These procedures demonstrated by GIPSA's Rice Inspection Handbook, Chapter 2, Sampling. The size of the original aggregate sample shall be determined in accordance with the Commission recommendation 2004/787/EC. GIPSA-staff prepares a representative sample of 2.5 kg of the party, which is composed of several units to the test laboratory and the container itself an identical test at 2.5 kg. GIPSA inflicts laboratory test a seal and takes note of the number on the seal for possible future use.







4)





Testing. A company that wants to carry out a test, sending a sealed sample to one of the commercial test laboratories with good results has participated in the special training programme for Liberty Link rice, as the GIPSA manages, and listed on the Web site http://archive.gipsa.usda.gov/rdd/llriceprof.pdf each laboratory is testing a number of samples within its approved level of detection with a view to achieving a detection margin of 0.01%. The laboratory notes of the seal number, break the seal and test four samples on each 240 g, which is taken from the total laboratory sample. From each test shall be carried out in a single extraction. There are two PCR analyses of each extraction using 35S: BAR method, developed by Bayer CropScience and approved by both GIPSA and the JRC. The whole lot is regarded only as a negative, if all test results are negative.







5)





Reporting. The laboratory results and indicates the number of GIPSA-seal in the laboratory report and sends it to the company, who wanted to carry out the test. The company shall submit the report to the GIPSA-Office statement samples of the lot. GIPSA will issue an official document with the following wording and gives it to the company:» GIPSA has officially sampled the lot to rice, who is identified as (enter the party's identification), and carry the seal number (enter the number of the seal). (Enter name of the laboratory), participating in the special training programme for Liberty Link rice, which manages, GIPSA has tested a sample which can be identified by number, and have the seal after application of 35S: BAR-method not identified Liberty Link rice. Lab report is attached.







Official notes

1) Ordinance contains provisions that implement the following acts or parts of these European Union: Commission decision 2002/248/EC of 27. March 2002 concerning protection measures in relation to aquaculture products for human consumption and imported from Myanmar (the official journal of the European communities 2002 L 84 s. 73) Commission decision 2002/251/EC of 27. March 2002 on protection measures with regard to poultrymeat and certain fishery and aquaculture products intended for human consumption imported from Thailand (Official Journal of the European communities 2002 L 84 p. 77), as last amended by Commission decision 2003/895/EC of 19. December 2003 (Official Journal L 333 2003 p. 92) Commission decision 2002/994/EC of 20. December 2002 on the safeguard measures across from products of animal origin imported from China (the official journal of the European communities 2002 L 348 p. 154), as last amended by Commission decision 2008/463/EC of 17 May 2006. June 2008 (the official journal of the European communities 2008 L 160 s. 34), Commission decision 2003/71/EC of 29 April 2004. January 2003 concerning protective measures across from infectious salmon anaemia in the Faroe Islands (Official Journal of the European Communities 2003 L 26, p. 80), as last amended by Commission decision 2003/392/EC of 23. May 2003 amending Decision 2003/70/EC and decision 2003/71/EC as regards the import of live gametes from salmonids from Faroe Islands and Norway (Official Journal of the European Communities 2003 L 135 s. 27), Commission decision 2004/225/EC of 2. March 2004 on protective measures in the face of certain live animals and animal products originating in or coming from Albania (Official Journal 2004 L 68 s. 34), Commission decision 2005/61/EC of 27. January 2005 concerning protection measures in relation to Newcastle disease in Bulgaria and repealing decision 2004/908/EC (Official Journal of the European communities 2005 L 25, p. 69), Commission decision 2005/402/EC of 23. May 2005 on emergency measures regarding chilli, chiliproduk-ter, Curcuma and palm oil (Official Journal L 135, 2005 p. 34), Commission decision 2005/648/EC concerning protection measures in relation to Newcastle disease in Bulgaria, as last amended by Commission decision 2006/354/EC of 11. May 2006 amending for the second time decision 2005/648/EC concerning protection measures in relation to Newcastle di-sease in Bulgaria (Official Journal L 132, 2005 p. 34), as last amended by Commission decision 2006/571/EC of 14. August 2006, Commission decision 2005/692/EC concerning protection measures in relation to avian influenza in certain third countries, as amended by Commission decision 2006/521/EC of 25. July 2006 concerning certain protection measures against highly pathogenic avian influenza (Official Journal 2006 L 205 s. 26), Commission decision 2005/710/EC concerning protection measures in relation to avian influenza in Romania, as last amended by the Commission decision 2006/435/EC of 23. June 2006 (Official Journal 2006 L 173 s. 31), Commission decision 2005/749/EC concerning certain protection measures in relation to suspected highly pathogenic avian influenza in Croatia (Official Journal L 280, 2005 s. 23), Commission decision 2006/27/EC laying down special conditions for meat and meat products of equidae imported from Mexico and intended for human consumption (Official Journal of the European communities 2005 L 19 p. 30) , Commission decision 2006/236/EC of 21. March 2006 on special conditions governing fishery products imported from Indonesia and intended for human consumption (Official Journal of the European communities 2006 L 83 s. 16), Commission decision 2006/247/EC of 27. March 2006 concerning certain non-measures against imports from Bulgaria in relation to highly pathogenic avian influenza in that third country (Official Journal L 158, 2006 p. 14), Commission decision 2006/264/EC of 27. March 2006 concerning protection measures in relation to Newcastle disease in Romania, as amended by Commission decision 2006/501/EC of 14. July 2006 (Official Journal 2006 L 198 s. 38), Commission decision 2006/265/EC of 31. March 2006 concerning certain protection measures in relation to suspected highly pathogenic avian influenza in Switzerland (Official Journal 2006 L 95 p. 9, Commission decision 2006/536/EC of 28 July 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in South Africa, Commission decision 2006/533/EC of 28 July 2006 concerning certain interim protection measures in relation to avian influenza in Croatia (Official Journal 2006 L 212 s. 19) , Commission decision 2006/504/EC of 12. July 2006 laying down special conditions for the import of certain foodstuffs from certain third countries due to the risk of aflatoxin contamination of those products (Official Journal 2006 L 199 p. 21), as last amended by Commission decision 2007/759/EC of 19. November 2007 (Official Journal 2007 L 305 s. 56), Commission decision 2006/601/EC of 5. September 2006 on emergency measures regarding the non-authorised genetically modified organism LL RICE 601 (2006 Official Journal L 244 p. 27), as amended by Commission decision 2006/754/EC of 6 May 2003. November 2006 (Official Journal 2006 L 306 s. 17), Commission decision 2006/698/EC of 16. October 2006 on emergency measures regarding fishery products imported from Brazil and intended for human consumption (Official Journal of the European communities 2006 L 287 s. 34), Commission decision 2007/82/EC of 2. February 2007 on emergency measures suspending imports from the Republic of Guinea of fishery products intended for human consumption (Official Journal 2007 L 28 p. 25) Commission decision 2007/642/EC of 4. October 2007 on emergency measures regarding fishery products imported from Albania intended for human consumption (Official Journal 2007 L 260, p. 21), Commission decision 2007/693/EC of 26. October 2007 concerning protection measures in relation to highly pathogenic avian influenza in Canada (Official Journal 2007 L 283 p. 72), Commission decision 2008/289/EC of 3. April 2008 on emergency measures regarding the non-authorised genetically modified organism Bt 63 «» in rice products (Official Journal of the European communities 2008 L 96 p. 29), the Commission's belslutning 2008/352/EC of 29 April 2004. April 2008 on special conditions governing guar gum originating in or consigned from India due to the risk that such products may be contaminated with pentachlorophenol and dioxins (Official Journal L 117 2008 s. 42) and Commission decision 2008/433/EC of 10. June 2008 laying down special conditions on the import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil (Official Journal 2008 L 151 s. 55).

1) http://www.crl-pesticides.eu/library/docs/srm/QuechersForGuarGum.pdf