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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Table of Contents

Appendix 1

Publication of the amendment of the notification concerning the import of food and so on with special restrictions

§ 1

Notice no. 935 of 8. September 2006 on the import of food and so on with particular restriction, as amended by the notice No 1043 of 19. October 2006, Notice no. 1108 of 10. of November 2006, Notice No 9092 of 6. February 2007, proclame no. 468 of 24. 'May 2007, announcement no.' 1053 of 30. On August 2007, proclame no. 1215 by 17. October 2007 and Notice no. 10191 of 6. In November 2007, the following changes are made :

1. I the title node, is replaced by : Commission Decision 2006 /504/EC of 12. July 2006 laying down special conditions for imports of certain foodstuffs as a result of the risk of the aflatoxin contamination of the products in question (EU Official Journal L 199 s. Directive 21), Commission Decision 2006 /601/EC of 5. September 2006 on alert measures concerning the unauthorised genetically modified organism LL RICE 601 (EU Official Journal L 244 s). Directive 27) and Commission Decision 2006 /698/EC of 16. October 2006 laying down-rescue measures for fishery products imported from Brazil and intended for human consumption (EU Official Journal L 287 s). Regulation 34) and Commission Decision 2006 /754/EC of 6. November 2006 amending Decision 2006 /601/EC on emergency measures for the non-authorised genetically modified organism LL RICE 601 in rice products (EU Official Journal 2006 L 306 s). 17) " to : ' Commission Decision 2006 /504/EC of 12. July 2006 laying down special conditions for imports of certain foodstuffs as a result of the risk of the aflatoxin contamination of the products in question (EU Official Journal L 199 s. Directive 21), as last amended by Commission Decision 2007/759 of 19. November amending Decision 2006 /504/EC as far as the frequency of checks on peanuts and peanut products originating in or consigned from Brazil as a result of the risk of the aflatoxin contamination of the products in question (EU Official Journal) 305 s. Commission Decision 2006 /601/EC of 5. September 2006 on emergency response measures concerning the unauthorised genetically modified organism LL RICE 601 (EU Official Journal L 244 s. Directive 27), as last amended by Commission Decision 2008 /162/EC of 26. February 2008 amending Decision 2006 /601/EC on emergency response measures concerning the unauthorised genetically modified organism 'LL RICE 601' in rice products (EU Official Journal 2008 L 52 s). Commission Decision 2006 /698/EC of 16. In October 2006, on emergency response measures for fishery products imported from Brazil and intended for human consumption (EU Official Journal L 287 s. EUR 34) and Commission Decision 2008 /289/EC of 3. April 2008 on emergency response measures concerning the unauthorised genetically modified organism (BT 63) of rice products (EU-begging L 96). ` ;

2. Chapter 18 ITREAS :

" Chapter 18

Importation of paran nuts and 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) falling within CN code 0801 21 00 ; and

2) mixtures of nuts and dried fruit falling within CN codes 0813 50 with the contents of para nuts to be used.

Paragraph 2. The competent authority in Brazil is Ministério da Agricultura, Pecuária e Abasteci-mento (MAPA), cf. Section 22 (2). 1.

Paragraph 3. Samples and analyses for aflatoxin in the batch must have been made by Laboratório de Controlle de Qualidade de Segurança Alimentar-(LACQSA), Belo Horizonte, Brazil.

Paragraph 4. The food landline shall carry out the sampling of each lot, cf. § 24.

Paragraph 5. Where a batch of paran nuts is not complying with the limit values for aflatox-its B1 and the total aflatoxin content, the food registration operator shall give the importer return the party to the country of origin within one of the region ; conditions that Ministério da Agricultura, Pecuária e Abastecmento in writing :

1) indicate that it would receive the party in question, identified by the party code, in return ;

2) indicate that the party in question will be under official control from the arrival of the country of origin and

3) sets an exact indication of :

a) the place of destination of the consignment returned,

b) the planned treatment of the consignment returned, and

c) the tests and analyses carried out on the consignment returned.

Paragraph 6. If the importer cannot obtain the guarantee of the Ministério da Agricultura, Pecuária e Abas-tecimento, that the conditions laid down in paragraph 1 shall not be taken. 5, number 1-3, are complied with, subsequently destroying batches that do not comply with the aflatoxin B1 and the total aflatoxin content of the aflatoxin and the total aflatoxin content. the foreword (EC) No ; 466/2001. Destruction shall be carried out under the supervision of the food registration.

Paragraph 7. If return is not available in accordance with paragraph 1, 5, or if the importer gives its immediate consent, the food registration batch shall be destroyed. The importer must be able to provide evidence of the destruction to the food registration.

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

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

2) peanuts falling within CN code 2008 11 94 (in packs of net weight exceeding 1 kg) or 2008 11 98 (in packs of net weight not more than 1 kg), and

3) roasted peanuts falling within CN code 2008 11 92 (in packs of net weight exceeding 1 kg) or 2008 11 96 (in packs of net weight not more than 1 kg).

Paragraph 2. The food landline shall carry out 50% sampling. of the parties, cf. section 24 (2). One, two and four.

Paragraph 3. sections 22 and 23 shall not apply to imports of the products referred to in paragraph 1. 1 mentioned products.

§ 27. All expenditure on sampling, analysis and storage, and the issuing of official accompanying documents and copies of health certificates and accompanying documents, cf. section 22 and section 24 concerning the food from Brazil referred to in this Chapter shall be borne by the company responsible for the party.

Paragraph 2. All expenditure on official measures taken by the competent authorities on food from Brazil, as referred to in this chapter, which is not in conformity with food law, shall be borne by the undertaking which is : responsible for the lot. `

2. After Chapter 23, the following Chapter 23a is inserted :

" Chapter 23a

Importation of rice products originating in or sending from China

§ 33a. The introduction of the following foodstuffs originating in or sent from China shall be prohibited :

1) Unballed rice falling within CN code 1006 10.

2) Scallet rice (hinderis) falling within CN code 1006 20.

3) Partial delete or delete rice, also polished or glazed, falling within CN code 1006 30.

4) Brudris covered by CN code 1006 40 00.

5) Rice meal covered by CN code 1102 90 50.

6) Gryn and grossly meal of rice falling within CN code 1103 19 50.

7) The pellet of rice falling within CN code 1103 20 50.

8) The storage of rice falling within CN code 1104 19 91.

9) Cereals, processed differently (f. Exes. Scaled, valet, flakes, rounded, carved or crushed), except oats, wheat, rye, maize, barley, and flakes of rice falling within CN code 1104 19 99

10) Rice starch falling within CN code 1108 19 10.

11) Food preparations for children, in packs for retail sales, falling within CN code 1901 10 00.

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

13) Pasta products, not cooked, filled or otherwise prepared, without eggs, falling within CN code 1902 19.

14) Padding, including boiled or otherwise prepared, falling within CN code 1902 20.

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

16) Goods produced by an express or a rice supply of cereals or cereal products of rice falling within CN code 1904 10 30.

17) mixtures of the "müber type" mixture based on non-roasted cereal flakes falling within CN code 1904 20 10.

18) Food preparations obtained from non-roasted flakes or mixtures of non-fried cereals or expands of cereals-products of rice (except mixtures of the " müber type " based on non-fried cereal flakes) covered by CN code 1904, 20, 95.

(19) Rice, cooked or otherwise prepared, not elsewhere's classification, (excluding meal, grits or ruly flour, prepared or non-roasted or non-roasted flakes of cereals or non-roasted cereals or non-roasted or non-roasted caps or non-roasted or non-roasted caps ; grain flakes and roasted flakes of cereals or propulsive cereals) falling within CN code 1904 90 10.

20) Kirkeobater, oblatpods of the species used for the medicinal products, seals and similar products of flour and starch falling within CN code ex 1905 90 20.

21) Clid and other residues, whether or not in the form of pellets, from signage, formulation or other processing of rice, containing 35% by weight of starch falling within CN code 2302 40 02.

(22) Clid and other residues, whether or not in the form of pellets, from the signage, formulation or other processing of rice in other cases other than containing 35% by weight of starch falling within CN code 2302 40 08.

23) Peptones and derivatives, other proteins and derivatives thereof, not elsewhere classified, skin powder, including treatment of chromium salt, falling within CN code 3504 00 00.

Paragraph 2. Paragraph 1 shall not apply to consignments accompanied by an original analytical report which proves that the party does not contain, consists of, or has been produced from the genetically modified Bt-63 rice. The analysis report shall be issued by an official or accredited laboratory (ISO 17025) laboratory and must be drawn up on the basis of analytical methods, based on the design-specific method developed by D Mäde, for the detection of the genetic product ; modified Bt 63 ris. In cases where the report was issued by a Chinese accredited laboratory, the analysis report shall be approved by the appropriate competent authority. The analysis report shall also be submitted in Danish or English language, as well as in a language understood by the issuer.

Paragraph 3. If the one in paragraph 1 In the case of an analysis report, the importer shall allow the consignment to be examined in order to demonstrate that the food does not contain the genetically modified Bt 63 rice. Until the analysis report is satisfactory, parties may not be placed on the market in the European Union.

Paragraph 4. The food was subjectates the parties referred to in paragraph 1. 2 and 3, document checking to ensure that the requirements for the results of sampling and analysis are met.

Paragraph 5. If a lot is to be divided into two or more parties, copies of the paragraph in paragraph 1 shall be made. 2. the analysis report referred to in paragraph 1 shall be as appropriate. 5 said declaration following each of the new parties. The authenticity of the copies shall be confirmed by the competent authority of the EU country in which the division has taken place.

Paragraph 6. Where they are in paragraph 1. 1. the above products do not contain, consist of or is made of rice, the original analytical report may be replaced by a declaration by the person responsible for placing the product on the market in the European Union, indicating that the food does not consist of : or made of rice. This declaration must be formulated in a language which the person responsible for placing the product on the market in the European Union understands so that they are aware of the extent of the declaration he signs. The declaration shall be submitted in Danish or English language and in a language of the term of the importer.

Paragraph 7. Parties that are subject to sampling and analysis pursuant to paragraph 1. 4, may not be implemented or taken into force before the food subject has granted authorisation for this, including the approved report of the analysis carried out, cf. paragraph 3.

Paragraph 8. In the case of a party subject to paragraph 1. 1 is demonstrated by the genetically modified Bt-63 rice, the impound of the consignment of food, the consignment and the return to third country or destruction of the batch. The importer must be able to provide evidence of the destruction to the food registration.

Niner. 9. The costs of this paragraph shall be borne by the company responsible for the party. `

4. § 34 ITREAS :

" § 34. The introduction of the following foodstuffs originating in the United States is prohibited :

1) Unballed rice, the school (parboiled), long-grain (Long A), falling within CN code 1006 10 25,

2) unscaled rice, the school (parboiled), long-grain (Long B) covered by CN code 1006 10 27,

3) other unscaled rice other than the school (parboiled), long-grain (Long A), falling within CN code 1006 10 96,

4) other unscaled rice other than the school (parboiled), long-grain (Long B), covered by CN code 1006 10 98,

5) balled rice (hinderis), the school (parboiled), long-grain (Long A), falling within CN code 1006 20 15 ;

6) husked rice (hinderis), the school (parboiled), long-grain (Long B), falling within CN code 1006 20 17 ;

7) balled rice (hinderis), long-grain (Long A), falling within CN code 1006 20 96,

8) balled rice (hinderis), longshornet (Long B) falling within CN code 1006 20 98,

9) milled milled rice, the school (parboiled), long-grain (Long A) falling within CN code 1006 30 25,

10) milled milled rice, the cold (parboiled), long-grain (Long B) covered by CN code 1006 30 27,

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

12) milled rice, long-grain (Long B) covered by CN code 1006 30 48,

13) milled rice, the school (parboiled), long-grain (Long A) covered by CN code 1006 30 65 ;

14) milled rice, the school (parboiled), long-grain (Long B) covered by CN code 1006 30 67,

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

16) milled rice, long-grain (Long B) covered by CN code 1006 30 98 and

17) broken rice falling within CN code 1006 40 00, which is not certified as being free of long-grain rice.

Paragraph 2. Paragraph 1 shall not apply to lots of batches accompanied by the following original documents :

1) a statement by the importer with confirmation that the products contain only rice from 2007 or a later harvest and has been subject to the plan by the US Rice federation, which aims to remove "LL RICE 601" from rice exported from the United States, and

2) an original version of the analysis report issued by a laboratory satisfying the requirements of Annex 9, confirmation that the products do not contain the genetically modified ' LL RICE 601. ` The analysis report shall be accompanied by an official document issued by Grain Inspection, Packers and Stockyards Administration (GIPSA) under the United States Department of Agriculture (USDA), in accordance with the Protocol in Annex 9.

Paragraph 3. If a party is to be divided into two or more parties, copies of the documentation referred to in paragraph .1 shall follow each of the new parties. The authenticity of the copies shall be confirmed by the competent authority of the EU country in which the division has taken place.

Paragraph 4. The costs of this paragraph shall be borne by the company responsible for the party. `

5. I § 35, paragraph. 1, no. 1 the following paragraph shall be inserted after ' Section 33 (1) 1, 8 and 9 " : § 33a, paragraph. 1-8, ".

6. I § 35, paragraph. 1, no. 1 , as follows : ' § 34 (1). 1, 4, 9 and 10 ` shall be replaced by ' § 34 (1). One and three, and ".

7. Annex 1 to this notice is inserted as new Annex 9 .

§ 2

The announcement will enter into force on the 19th. April 2008.

The FDA, the 161. April 2008 P.S.V.
Anders Munk Jensen / Tina Lund Jensen

Appendix 1

' Appendix 9

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

1) Objec-use and use. This Annex is based on Recommendation 2004 /787/EC (EU-time 2004 L 348 s). 8). In particular, account shall be taken of the availability of qualitative methods and the point of view of the Annex to the detection of a non-permitted GMO for which no tolerance threshold has been set. Tests for official control of the fact that rice products do not contain LL RICE 601 shall be taken into account in accordance with the methods described below. The collection samples shall be regarded as representative of the lots from which they have been taken.

2) Definitions. For the purposes of this Annex, the definitions in Recommendation 2004 /787/EC shall apply.

3) Sampling. Personnel employed at USDA Grain Inspection, Packers and Stockyards Administration (GIPSA) samples samples of each consignment (each batch) long cornet rice originating in the United States to be shipped to Europe, in accordance with the existing rules ; sampling procedures. These procedures are set out in GIPSA's Rice Inspection Handbook, Chapter 2, Sampling. The size of the original sample shall be fixed in accordance with Commission Recommendation 2004 /787/EC. GIPSA personnel are prepared to prepare a representative sample of 2,5 kg of the batch composed of several units, to the test laboratory and retain an identical sample of 2,5 kg. GIPSA will place a seal on the laboratory sample and record the number of the seal for any subsequent use.

4) Testing. A company wishing to take a test shall send a sealed sample to one of the commercial test laboratories, which have participated in the special training programme for Liberty Link-rice, which GIPSA manages, and are listed in the http://archive.gipsa.usda.gov/rdd/llriceprof.pdf Each laboratory site to test a series of tests within its approved detection level in order to reach a margin of detection of 0,01%. The laboratory shall record the number of the seal, break the seal and test four samples of each 240 g of the sample taken out of the sample laboratory. Each test shall be carried out with a single extraction. Two PCR tests of each extraction are carried out by using the 35S:BAR-method developed by Bayer CropScience and approved by both GIPSA and FFC. The entire batch is considered negative only if all test results are negative.

5) Reporting. The laboratory shall indicate the results and number of the GIPSA seal in the laboratory report and shall forward it to the company that has requested to take the test. The company will submit the report to the GIPSA office that took samples of the batch. The GIPSA issue an official document with the following wording and gives it to the company : ' GIPSA has officially issued tests on the consignment of the consignment identified as (specify the identification of the party) and the seal number (enter the number) of the seal. (Enter the name of the laboratory) participating in the special training programme for Liberty Link-rice, which GIPSA manages, has tested a sample to be identified by the number of the segment, and, after the application of the 35:BAR-method, insure Liberty Link ris. The lab report is attached. "