Ordinance amending Ordinance on the import of food, etc. with special restrictions
In executive order No. 935 of 8. September 2006 for imports of food, etc. with special restrictions, as amended by Decree No. 1043 of 19. October 2006, Decree No. 1108 by 10. November 2006, Decree No. 9092 of 6. February 2007, Decree No. 468 of 24. May 2007, Decree No. 1053 of 30. August 2007, Decree No. 1215 of 17. October 2007, Decree No. 10191 of 6. November 2007, Decree No. 252 of 16. April 2008 and Decree No. 409 of 28. May 2008, shall be amended as follows:
1. In the title the note changed: ' and Commission decision 2008/388/EC of 23. May 2008 fixing the special conditions for the import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil (Official Journal L 136/2008 p. 43) ' is replaced by: "Commission decision 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 2008/388/EC of 23. May 2008 fixing the special conditions for the import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil (Official Journal L 136/2008 p. 43) '.
2. After Chapter 18a is inserted as Chapter 18b:
» Chapter 18b
Imports of guar gum originating in or consigned from India
section 27 c. Chapter 18b applies 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 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 subject to section 27 c, 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. '
3. The title of chapter 17 is replaced by the following: ' common provisions for non-food of animal origin covered by chapter 18-18a and 19-22 '.
4. In section 35, paragraph 1, no. 1 shall be added after ' article 26, paragraph 5, 6 and 7, section 27 c ': ' (2) '.
5. In section 35, paragraph 1, no. 2, shall be added after ' article 18, paragraph 2, «:» section 27 c, paragraphs 8 and 11, '.
The notice shall enter into force on 8 November. June 2008.
DVFA, the 30. May 2008, Anders Munk Jensen/Tina Lund Jensen Official notes 1) http://www.crl-pesticides.eu/library/docs/srm/QuechersForGuarGum.pdf