Ordinance Amending Ordinance Of Indføsel Of Food, Etc. With Special Restrictions

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om indføsel af fødevarer m.v. med særlige restriktioner

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=116542

Ordinance amending Ordinance on the import of food, etc. with special restrictions

§ 1

In executive order No. 935 of 8. September 2006 for imports of food, etc. with special restrictions-tions, 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 and Decree No. 10191 of 6. November 2007, shall be amended as follows:

1. In the title the note changed: ' Commission decision 2006/504/EC of 12. July 2006 laying down special conditions for the import of certain foods as a result of the risk of aflatoxinforurening of those products (Official Journal L 199 p. 21), Commission decision 2006/601/EC of 5. September 2006 on emergency Community measures regarding the non-authorised genetically modified organism LL RICE 601 (the official journal of the European Union L 244 s. 27) and Commission decision 2006/698/EC of 16. October 2006 on the be-gear measures relating to fishery products imported from Brazil and intended for human consumption (Official Journal of the European Union L 287 p. 34) and Commission decision 2006/754/EC of 6 May 2003. November 2006 amending Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism LL RICE 601 in rice products (Official Journal of the European Union 2006 L 306 p. 17) ' is replaced by: ' Commission decision 2006/504/EC of 12. July 2006 laying down special conditions for the import of certain foods as a result of the risk of aflatoxinforurening of those products (Official Journal L 199 p. 21), as last amended by Commission decision 2007/759 of 19. November amending Decision 2006/504/EC as regards the frequency of inspection of peanuts and peanut products originating in or consigned from Brazil due to the risk of aflatoxin contamination of those products (Official Journal 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 (the official journal of the European Union L 244 p. 27), as last amended by Commission decision 2008/162/EC of 26. February 2008 amending Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism "LL RICE 601" in rice products (Official Journal of the European Union 2008 L 52 p. 25), 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 Union L 287 p. 34) and 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 L 96). '

2. Chapter 18 is replaced by the following: ' 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) 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 para-nuts in shell.





(2). The competent authority in Brazil is with by the Ministério da Agricultura, Pecuária e Abasteci-mento (MAPA), 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 aflatok-its B1 and aflatoxin total, 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 in the country of origin 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, shall be destroyed after the following Parties not complying with the maximum levels for aflatoxin B1 and total aflatoxin, see. Foreword-tion (EC) No 1782/2003. 466/2001. 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.

Section 26a. 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. Article 24, paragraphs 1, 2 and 4.

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

§ 27. 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. '

2. After Chapter 23 Chapter 23a is inserted:

» Chapter 23a

Imports of rice products originating in or sending from China

§ 33a. 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 ex 1905 90 20.

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.

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 referred to in paragraph 2 Y3, documentary checks to ensure that the requirements for the results of sampling and analysis have been met.

(5). If a party to be divided into two or more parties, copies of the information referred to in paragraph 2. analysis report referred to, respectively, the Declaration referred to in paragraph 5, 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 4, 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. '

4. section 34 is replaced by the following: ' § 34. 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 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 9, with confirmation that the products do not contain the genetically modified "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 9.





(3). If a party to be divided into two or more parties, copies of the supporting documents referred to in paragraph 1 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. '

5. In section 35, paragraph 1, no. 1, shall be inserted after ' § 33 (1), 8 and 9 ' shall mean ' § 33a paragraph 1-8 '.

6. In section 35, paragraph 1, no. 1, the words: ' § 34, paragraphs 1, 4, 9 and 10 ' are replaced by: ' § 34, paragraphs 1 and 3, and '.

7. Annex 1 to this notice shall be inserted as a new annex 9.

§ 2

The notice shall enter into force on 19 September. April 2008.
DVFA, the 16. April 2008 P.S.V. Anders Munk Jensen/Tina Lund Jensen Annex 1

' Annex 9

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




1) Purpose and use. 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) Test. An undertaking which wishes 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. '