Order On Imports 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=128328

Overview (table of contents)
Chapter 1 Scope of the Order
Part 2 Definitions
Chapter 3 Albania - cholera and histamine
Chapter 4 Bangladesh - chloramphenicol, metabolites of nitrofurans, tetracycklin, malachite green and crystal violet
Chapter 5 Chile - dioxin
Chapter 6 Gabon - heavy metals and sulphites
Chapter 7 Republic of Guinea - fishery products
Chapter 8 India - nitrofurans and their metabolites
Chapter 9 Indonesia - heavy metals
Chapter 10 China - chloramphenicol, nitrofurans, malachite green and crystal violet and their metabolites, avian influenza and melamine
Chapter 11 Croatia - avian influenza
Chapter 12 Madagascar - infrastructure and hygiene problems
Chapter 13 Mexico - hormonal substances and beta agonists
Chapter 14 Myanmar - chloramphenicol
Chapter 15 Peru - hepatitis A
Chapter 16 Switzerland - avian influenza
Chapter 17 Korea - avian influenza
Chapter 18 Thailand - antimicrobials, nitrofurans and their metabolites as well as avian influenza
Chapter 19 Joint provisions for non-animal foods
Chapter 20 Joint provisions for non-animal foods covered by Chapter 22-27
Chapter 21 Imports of unshelled Brazil nuts and peanuts originating in or consigned from Brazil
Chapter 22 The importation of pistachios mm originating in or consigned from Iran
Chapter 23 Imports of peanuts mm originating in or consigned from China
Chapter 24 The import of figs, hazelnuts and pistachios mm originating in or consigned from Turkey
Chapter 25 Imports of almonds from the US
Chapter 26 Imports of peanuts mm originating in or consigned from Egypt
Chapter 27 Imports of guar gum originating in or consigned from India
Chapter 28 Imports of rice originating in or consigned from China
Chapter 29 Imports of soy and soy products originating in or consigned from China
Chapter 30 Imports of sunflower oil originating in or consigned from Ukraine
Chapter 31 Imports of rice originating in or consigned from the US
Chapter 32 Imports of chili from third
Chapter 33 The importation of mushrooms for human consumption originating in certain third countries

Chapter 34 Penalties
Chapter 35 Commencement
Appendix 1
Appendix 2
The full text
Order on imports of food, etc. with special restriktioner1)
Pursuant to § 37, § 67 and § 70 paragraph. 3 of Law no. 432 of 9 June 2004 relating to the keeping of animals and § 29, § 37 paragraph. 2 and 3, § 39 paragraph. 1, § 41, § 49 paragraph. 1, § 50, § 51 and § 60 paragraph. 3 of Law no. 526 of 24 June 2005 on food set:
Title I
Scope of the Order and definitions
Chapter 1
Scope of the Order
§ 1. This Order covers imports into Denmark and imported via Denmark to other EU countries, Andorra, Norway and Switzerland as well as for fish and fisheries products also to the Faroe Islands and Iceland of food, etc. imposed special restrictions originating in or consigned from outside the trade area, see. § 3, paragraph. 3, and the receipt in Denmark of certain fish and fishery products and live fish originating in the Faroe Islands.
§ 2. This Order does not in Chapter 22-34 listed products imported from other EU Member States and released for free circulation. If these products are subsequently released for free circulation in Denmark, the products covered by the provisions of Order for certain contaminants in foodstuffs. Notice provisions for the division of lots for two or more parties according to § 34 shall continue to apply.
§ 3. The provisions of this Order shall be read in conjunction with the Order on veterinary controls on imports of food of animal origin.
Chapter 2
definitions
§ 4. The fishery products means products consisting of or containing fish, crustaceans or molluscs, including tunicates, echinoderms and marine gastropods or their constituents.
PCS. 2. A batch means the quantity of a food of the same type and degree of processing, which is subject to the same prescribed document emanating from the same sender, transported in the same vehicle, intended for the same recipient, and, as far as animal foods, presented simultaneously for veterinary checks.
PCS. 3. Intra country means a EU country, Andorra and Norway and for fish and fishery products and bivalve molluscs, echinoderms, tunicates and marine snails addition, the Faroe Islands and Iceland. These countries are trading area.
PCS. 4. For trade purposes dispatch from a company in another trade country to a provision business in Denmark by
1) food, as in a company in a trading country has been health or identification mark in accordance with Community or
2) food products originating in third countries, when imported into the EU are accepted for free circulation.
PCS. 5. When animal food originating in or consigned from China means food that is wholly or partly made from animal products.
PCS. 6. When food originating in a given country means food derived from businesses that are located in that country, or come from the factory vessels or freezer vessels are registered in this country.
PCS. 7. For transit purposes inland from the border directly and without transshipment through trade area to another border inspection of non-compliant food originating from a third country destined for a third country.
PCS. 8. For non-conformist storage means temporary location in veterinary designated storage in a free zone, customs warehouse or ship chandler business of non-compliant food originating from a third country destined for a third country.
PCS. 9. For non-conformist food means food, originating in third countries which do not comply with current legislation.
PCS. 10. At the designated points of import 'means the points through which all imports into the Community of the foods referred to in Chapter 22-34, to take place.
PCS. 11. By snails originating in or consigned from Madagascar means terrestrial gastropods of the species Helix pomatia Linné, Helix aspersa Muller and Helix lucorum and species of the family Achatinidae that is chilled, frozen, shelled, cooked, prepared or preserved.
Section II
Animal food
Chapter 3
Albania - cholera and histamine
§ 5. It is forbidden to import 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 for human consumption from Albania belonging to the families Scombridae, Clupeidae, Coryfenidae, Pomatomidae and Scombresosidae.
PCS. 2 pcs. 1 does not apply if the said parties is accompanied by the results of an analytical study conducted in Albania or a foreign accredited laboratory before dispatch, which show that the levels of histamine in Regulation (EC) no. 2073/2005 are met.
PCS. 3. The provisions of paragraph. 2, the tests must be carried out following the sampling and the analytical method referred in Regulation (EC) no. 2073/2005.
PCS. 4. If the requirements of paragraph. 2 and 3 are not met, the import of the said parties shall be permitted if all batches of the products examined in order to verify that they comply with the limit values ​​for histamine in Regulation (EC) no. 2073/2005.
PCS. 5. in paragraph. 4, the tests must be carried out on samples taken at the border inspection.
PCS. 6. In paragraph. 4, the parties shall be detained at the border inspection or at one of the border veterinarian designated storage until the border veterinarian reject the lot or grants permission for the party to be introduced.
PCS. 7. Expenses by paragraph. 2-6 borne by the responsible party.
Chapter 4
Bangladesh - chloramphenicol, metabolites of nitrofurans, tetracycklin, malachite green and crystal violet
§ 7. It is forbidden to introduce crustaceans for human consumption from Bangladesh.
PCS. 2 pcs. 1 does not apply to parties that the importation is accompanied by the results of analytical tests carried out at origin to ensure that crustaceans do not pose a risk to human health. The analytical tests must be conducted with special emphasis on detecting chloramphenicol, metabolites of nitrofurans, tetracycklin, malachite green and crystal violet in conformity with Regulation (EC) no. 2377/90 and 2002/657 / EC.
PCS. 3. Lots of crustaceans for human consumption from Bangladesh, which is not accompanied in paragraph. 2, the results may be admitted, on condition that each consignment of the products subject to specific control on arrival at the EU's external border to ensure that the parties do not pose a risk to human health.
PCS. 4. Border controls take samples of each of the paragraphs. 3 the parties and subjecting them to a chemical test in order to detect chloramphenicol, metabolites of nitrofurans, tetracycklin, malachite green and crystal violet.
PCS. 5. in paragraph. 4 shall be parties to be detained at the border inspection or at one of the border veterinarian designated storage until the border veterinarian reject the lot or grants permission for the party to be introduced.
PCS. 6. All costs associated with the paragraph. 2-5 borne by the responsible party.
Chapter 5
Chile - dioxin
§ 8. This provision applies to the importation of certain animal products from Chile.
PCS. 2. Border controls shall be sampled by all parties with the following foodstuffs originating in Chile for analysis of levels of dioxins and dioxin-like PCBs:
1) fresh pork
2) prepared pork
3) ground pork,
4) mechanically separated pork, and
5) meat products containing pork.
PCS. 3. Border controls shall sample of 10% of lots with the following products originating in Chile for analysis of levels of dioxins and dioxin-like PCBs:
1) Fresh meat, meat preparations, minced meat and mechanically separated meat from animals other than pigs
2) aquaculture animals and products thereof, in any form,
3) fishmeal
4) fish oil for human consumption as well as for use other than human consumption.
PCS. 4. In paragraph. 2, the parties shall be detained at the border inspection or at one of the border veterinarian designated storage until the border veterinarian reject the lot or grants permission to the party can be introduced.
PCS. 5. All expenditure incurred pursuant to subsection. 2-4 borne by the responsible party.
Chapter 6
Gabon - heavy metals and sulphites
§ 9. This provision applies to imports of fishery products for human consumption imported from Gabon.
PCS. 2. Border controls carrying out checks on all consignments of fishery products for human consumption from Gabon in accordance with the provisions of Regulation (EC) no. 601/2008 of 25 June 2008 on protective measures applying to fishery products imported from Gabon and intended for human consumption.
PCS. 3. The provisions of paragraph. 2, the parties shall be detained at the border inspection or at one of the border veterinarian designated storage until the border veterinarian reject the lot or grants permission to the party can be introduced.
PCS. 4. All expenditures under subsection. 2-3 borne by the responsible party.
Chapter 7
Republic of Guinea - fishery products
§ 10. It is forbidden importation of fishery products intended for human consumption from the Republic of Guinea.
PCS. 2 pcs. 1 applies to all parties that received at border inspection posts in the Community whether the lots are produced, stored or certified in the country of origin before 7 February 2007.
PCS. 3. Costs resulting from paragraphs. 1 borne by the responsible party.
Chapter 8
India - nitrofurans and their metabolites
§ 11. It is forbidden to introduce aquaculture crustacean shellfish for human consumption from India.
PCS. 2 pcs. 1 does not apply to parties that the importation is accompanied by the results of analytical tests carried out at origin to ensure that crustaceans do not pose a risk to human health. The analytical tests must be conducted with special emphasis on detecting nitrofurans and their metabolites in conformity with Decision 2003/181 / EC.
PCS. 3. Consignments of aquaculture shellfish for human consumption from India, which is not accompanied in paragraph. 2, the results may be admitted, on condition that each consignment of the products subject to specific control on arrival at the EU's external border to ensure that the parties do not pose a risk to human health.
PCS. 4. Border controls take samples of each of the paragraphs. 3 the parties and subjecting them to a chemical test in order to detect the presence of nitrofurans and their metabolites.
PCS. 5. in paragraph. 4 shall be parties to be detained at the border inspection or at one of the border veterinarian designated storage until the border veterinarian reject the lot or grants permission for the party to be introduced.
PCS. 6. Any of the paragraph. 3, the batches containing nitrofurans and their metabolites in a concentration exceeding the Community MRPL at 1 ug / kg, see. Decision 2003/181 / EC is inadmissible and may not be marketed in the EU.
PCS. 7. Expenses by paragraph. 3-6 borne by the responsible party.
Chapter 9
Indonesia - heavy metals
§ 12. This provision applies to fishery products imported from Indonesia and intended for human consumption. It does not apply to aquaculture products.
PCS. 2. Limit veterinarian shall take samples of all lots in paragraph. 1 shall fishery products. Samples must be taken to systematically monitor the content of heavy metals to ensure that the fishery products are not dangerous to human health. The analysis must ensure that the heavy metal content does not exceed the limits laid down in Regulation (EC) no. 1881/2006.
PCS. 3. The provisions of paragraph. 2, the parties shall be detained at the border inspection or at one of the border veterinarian designated storage until the border veterinarian reject the lot or grants permission to the party can be introduced.
PCS. 4. Any costs associated with the paragraph. 2-3 borne by the responsible party.
Chapter 10
China - chloramphenicol, nitrofurans, malachite green and crystal violet and their metabolites, avian influenza and melamine
§ 13. It is forbidden to introduce animal food originating in or consigned from China.
PCS. 2 pcs. 1 shall not apply to:
1) Gelatin.
2) Fishery products, except
a) aquaculture products
b) peeled or processed shrimps, and
c) Crayfish of the species Procambrus clarkii caught in natural fresh waters by fishing.
PCS. 3 pieces. 1 does not apply to the following products, provided that each consignment is accompanied by a statement from the competent Chinese authorities which partly appears that the party in exports has been subjected to a chemical test to ensure that the products do not pose a risk to human health partly results of analytical tests appears and shows that the party does not contain chloramphenicol, nitrofurans or their metabolites:
1) aquaculture products
2) peeled or processed shrimps, and
3) Crayfish of the species Procambrus clarkii caught in natural fresh waters by fishing
4) casings,
5) rabbit meat
6) poultry meat products
7) eggs and egg products
8) Honey and
9) royal jelly.
PCS. 4. For consignments of aquaculture products shall show in the first paragraph. 3, the declaration by the competent Chinese authorities, and that the party in exports has been subjected to a chemical test to ensure that the products do not pose a risk to human health in part the results of analytical studies appears and shows that the party does not contain malachite green , crystal violet or their metabolites.
§ 14. It is because of the disease avian influenza forbidden to import fresh poultry meat, meat products and meat preparations consisting of or containing poultry meat and table eggs originating in or consigned from China.
PCS. 2 pcs. 1 does not apply to meat products when the meat product has undergone a treatment in a hermetically sealed container to a Fo value of 3,00 (Fully stable canned meats), or for poultry meat products from the Chinese province of Shandong to a heat treatment to achieve at least 70 oC throughout the meat during the processing of meat products.
§ 15. It is forbidden to introduce composite products originating in or consigned from China containing milk, milk products, soya or soya products intended for particular nutritional use of infants and young children see. Council Directive no. 2009/39 / EC on foodstuffs intended for particular nutritional uses.
§ 16. Notwithstanding the provisions of the Executive Order on veterinary controls on imports of food of animal origin, all composite products originating in or consigned from China containing milk, milk products, soy or soy products but are not covered by § 15 and arriving from third countries , introduced into Denmark via one of the listed in Annex 1 border inspection posts where products must be inspected before the products may be introduced into the EU. The same applies to all batches of ammonium bicarbonate originating in or consigned from China for use in food and feed.
PCS. 2. Composite products covered by paragraph. 1 that have not been checked by one of those listed in Annex 1 border inspection posts seized by the food region, which requires the importer to return or destroy the party.
PCS. 3. The person responsible for the party to give border control at the border where the products to be introduced in Denmark prior notification about the expected arrival date and time of importation in paragraph. 1 mentioned products. The notification shall be border checks no later than the last working day (Monday to Friday) prior to importation.
PCS. 4 pcs. 1-3 also apply to products imported via Denmark to other EU countries.
§ 17. Border controls need to make documentary, identity and physical checks and take samples for laboratory analysis of each batch of the in § 16 paragraph. 1 mentioned products are intended for use as food or feed. The checks must particularly ensure that the content of melamine in the products does not exceed 2.5 mg per melamine. kg product.
PCS. 2. The paragraphs. 1 mentioned parties must be detained at the border inspection or at one of the border veterinarian designated storage until the border veterinarian reject the lot or grants permission to the party can be introduced.
PCS. 3. Lots containing more than 2.5 mg melamine per. kg product must be destroyed.
PCS. 4. Any costs associated with the paragraph. 1-3 and § 16 paragraph. 2 shall be borne by the responsible party.
Chapter 11
Croatia - avian influenza
§ 18. It is because of the disease highly pathogenic avian influenza subtype H5N1, forbidden to import fresh meat, minced meat, meat preparations and mechanically separated meat of wild feathered game, meat products consisting of or containing meat of wild feathered game originating in or consigned from all areas of Croatia for which the competent authorities of Croatia formally apply protection measures that are equivalent to those laid down in Decision 2006/563 / EC.
PCS. 2 pcs. 1 does not apply to meat products when it is in the meat product meat has undergone one of the following treatments:
1) Treatment in a hermetically sealed container to a Fo value of 3,00 (Fully stable canned meats).
2) Heat treatment to achieve at least 70 oC throughout the meat during the processing of meat products.
Chapter 12
Madagascar - infrastructure and hygiene problems
§ 19. It is forbidden to introduce products of animal origin, excluding fishery products and snails, originating in Madagascar.
Chapter 13
Mexico - hormonal substances and beta agonists
§ 20. Limit veterinarian shall take samples of all consignments of fresh meat of equines originating in or consigned from Mexico. The samples are taken to check the content of substances with hormonal action and beta-agonists used for growth promotion.
PCS. 2. The paragraphs. 1 mentioned parties must be detained at the border inspection or at one of the border veterinarian designated storage until the border veterinarian reject the lot or grants permission to the party can be introduced.
PCS. 3. Costs pursuant to subsection. 1 and 2 are borne by the responsible party.
Chapter 14
Myanmar - chloramphenicol
§ 21. Limit veterinarian shall take samples of all consignments of crustaceans or foods made from or with crustaceans originating in or consigned from Myanmar. Samples shall be taken to systematically control the content of chloramphenicol to ensure that such products are not dangerous to human health.
PCS. 2. The paragraphs. 1 mentioned parties must be detained at the border inspection or at one of the border veterinarian designated storage until the border veterinarian reject the lot or grants permission to the party can be introduced.
PCS. 3. Costs pursuant to subsection. 1 and 2 are borne by the responsible party.
Chapter 15
Peru - hepatitis A
§ 22. It is forbidden to import of bivalve molluscs, as defined in section 2.1 of Annex I to Regulation (EC) no. 853/2004, imported from Peru and intended for human consumption. The ban applies to all consignments of bivalve molluscs that are received at the border posts, whether lots are produced, stored or certified in the country of origin before 17 November 2008.
PCS. 2. It is allowed to import the following bivalve molluscs from Peru:
1) Pectinidae from which organs are removed and come from farms and
2) molluscs which have undergone heat treatment under Title VII, Chapter II, Part A, paragraph 5, point b) of Annex III to Regulation (EC) no. 853/2004.
PCS. 3. Costs pursuant to subsection. 1 and 2 are borne by the responsible party.
Chapter 16
Switzerland - avian influenza
§ 23. It is because of the disease highly pathogenic avian influenza subtype H5N1, forbidden to import fresh meat, minced meat, meat preparations and mechanically separated meat of wild feathered game, meat products consisting of or containing meat of wild feathered game originating in or consigned from all regions of Switzerland for which the competent authorities of Switzerland do formally apply protection measures that are equivalent to those laid down in Decision 2006/415 / EC and 2006/563 / EC.
PCS. 2 pcs. 1 does not apply to meat products when it is in the meat product meat has undergone one of the following treatments:
1) Treatment in a hermetically sealed container to a Fo value of 3,00 (Fully stable canned meats).
2) Heat treatment to achieve at least 70 oC throughout the meat during the processing of meat products.
PCS. 3 pieces. 1 does not apply to food with meat originating from birds slaughtered or hunted before 1 February 2006.
Chapter 17
South Korea - avian influenza
§ 24. It is forbidden to introduce eggs originating in or consigned from South Korea.
Chapter 18
Thailand - antimicrobials, nitrofurans and their metabolites as well as avian influenza
§ 25. Limit veterinarian shall take samples of all lots of fish, poultry or foods made from or with shellfish or poultry meat, accompanied by a health certificate issued before 21 September 2002, originating in or consigned from Thailand. Samples shall be taken to systematically control the content of antimicrobial substances and in particular nitrofurans and their metabolites to ensure that such products are not dangerous to human health.
PCS. 2. The paragraphs. 1 mentioned parties must be detained at the border inspection or at one of the border veterinarian designated storage until the border veterinarian reject the lot or grants permission to the party can be introduced.
PCS. 3. Costs pursuant to subsection. 1 and 2 are borne by the responsible party.
§ 26. It is because of the disease avian influenza forbidden to import fresh meat of poultry, ratites, farmed and wild feathered game, meat products and meat preparations consisting of or containing meat of those species, as well as table eggs originating in or consigned from Thailand.
PCS. 2 pcs. 1 does not apply to meat products when the meat product has undergone one of the following treatments:
1) Treatment in a hermetically sealed container to a Fo value of 3,00 (Fully stable canned meats).
2) Heat treatment to achieve at least 70 oC throughout the meat during the processing of meat products.
Section III
Non-animal foods
Chapter 19
Joint provisions for non-animal foods
§ 27. The Chapter 22-34 products in question must import directly from a third country via Danish ports or airports.
PCS. 2 pcs. 1 shall also apply to imports from a third country to Denmark from another EU country.
§ 28. Prior to the import of the chapter 22-34 listed products imported directly from third countries, the person responsible for the party to report entry into the food region in the area of ​​food imported into Denmark. The notification shall be food Office not later than the last working day (Monday to Friday) prior to importation.
PCS. 2 pcs. 1 also applies to products imported into Denmark from other EU countries, but not released for free circulation.
§ 29. Chapter 22-27 does not apply to consignments of foodstuffs with a gross weight of 5 kg or less.
PCS. 2. The rules on processed and compound foodstuffs in Chapters 22-27 applies only if the food exceeds 10 per cent. of the food.
Chapter 20
Joint provisions for non-animal foods covered by Chapter 22-27
§ 30. Import of food is allowed only if the parties accompanied by the results of sampling and analysis for aflatoxin and a health certificate in accordance with the model in Annex I of Decision 2006/504 / EC, as amended and completed, signed and verified by the competent authority of the country of origin.
PCS. 2. The party must not be negotiated before it is released by the food region after the checks referred to. § 32 paragraph. 3.
PCS. 3. The sampling and analysis referred. Paragraphs. 1 must be performed in accordance with Regulation (EC) no. 401/2006.
PCS. 4. The health certificate provided. Paragraphs. 1 is only valid for imports of foodstuffs into the Community than four months from the date of issue and must be written in Danish or English.
PCS. 5. If a batch of foodstuffs is not accompanied in paragraph. 1 referred to results of sampling and analysis and health certificate must batch can not enter the country for transport on to the receiving company or import into the Community, and it should be returned to the country of origin or destroyed.
PCS. 6. Any party food must be identified by a lot code that corresponds to the code on the results of sampling and analysis and the health certificate referred to in paragraph. 1. Each individual bag or other packaging form of the party must be identified with this party code.
§ 31. The documentary check must be made at the place where the first introduction into the Community. Regional Food subjecting the parties to documentary checks to ensure that in § 30 paragraph. 1, referred requirement of the results of sampling and analysis and the health certificate.
§ 32. Regional Food taken on the designated point of import / receiving company in accordance with Annex 1 Regulation (EC) no. 401/2006, an analysis sample of the parties, see. sampling frequencies in Chapters 22-27, and analysis of aflatoxin B1 and total aflatoxin contamination before the party released for free circulation from the Community designated point of import.
PCS. 2. Any consignment to be subjected to sampling and analysis may be detained for a maximum of 15 working days (Monday-Friday) - starting from the time when they are presented for import and physically available for sampling - before release for free circulation.
PCS. 3. Food Region control of the party documented by completing the single document referred to. Model in Annex III of Decision 2006/504 / EC, as amended, which are copied to the back of the accompanying certificate, see. § 30 paragraph. 1.
PCS. 4. Regional Food complete the common document for checks on foods that are covered by Chapter 22-27.
§ 33. If a lot is to be divided into two or more parties, copies of the veterinary certificate provided. § 30, paragraph 1, as well as the accompanying document referred to. § 32 paragraph. 4, follow each of the new parties to and including the wholesale stage. Copy The authenticity must be confirmed by endorsement on the copy of the competent authority in the EU country where the division has taken place and the division may not take place before control.
Chapter 21
Imports of unshelled Brazil nuts and peanuts originating in or consigned from Brazil
§ 34. This provision applies to the import 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.
PCS. 2. The competent authority in Brazil, Ministério da Agricultura, Pecuária e Abastecimento, see. § 30 paragraph. 1.
PCS. 3. Samples and analysis for aflatoxin in the party must be conducted by Laboratório de Controle de Qualidade de Segurança Alimentar - (LACQSA), Belo Horizonte, Brazil.
PCS. 4. Regional Food shall carry out sampling on each lot, see. § 32.
PCS. 5. If a lot unshelled Brazil nuts not complying with the maximum levels for aflatoxin B1 and aflatoxin total, requiring the Regional Food importer to return the party to its country of origin within a region specified period on condition that Ministério da Agricultura, Pecuária e Abastecimento writing:
1) the wish to receive the consignment is identified by batch code, return,
2) indicates that lot will be under official control from the arrival to the country of origin, and
3) a concrete indication of
a) the returning party destination
b) the intended treatment of the returned consignment and
c) the tests and trials are planned performed on the returned consignment.
PCS. 6. If the importer can not explicitly guarantee Ministério da Agricultura, Pecuária e Abas-tecimento that the conditions in paragraphs. 5, numbers 1-3 are met, requires food region to subsequent parties that do not comply with the limits for aflatoxin B1 and total aflatoxin, cf.. Regulation (EC) no. 466/2001 destroyed. Destruction must be done under the supervision of the Regional Food.
PCS. 7. If the return is not possible in accordance with paragraph. 5, or if the importer gives his immediate agreement, requiring the Regional Food Party destroyed. The importer may be required to carry a document for the destruction of food region.
§ 35. This provision applies to the import 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 packages with a net weight of 1 kg) or 2008 11 98 (in immediate packings of net content not exceeding 1 kg) and
3) roasted peanuts falling within CN code 2008 11 92 (in packages with a net weight of 1 kg) or 2008 11 96 (in immediate packings of net content not exceeding 1 kg).
PCS. 2. Regional Food shall carry out sampling of 50 per cent. of the parties, see. § 32.
PCS. 3. §§ 30, paragraph. 1, 4, 5 and 6, 31 and 32, paragraph. 3 and 4 shall not apply to imports in paragraph. 1 products originating in or consigned from Brazil.
§ 36. All costs resulting from sampling, analysis, storage and issuing of official accompanying documents and copies of health certificate and accompanying documents indicated. § 30 and § 32 for foodstuffs from Brazil referred to in this chapter shall be borne by the company which is responsible for the party.
PCS. 2. All costs related to official measures taken by the competent authorities on foodstuffs from Brazil, as provided in this chapter that are not in compliance with food law, shall be borne by the company which is responsible for the party.
Chapter 22
Imports of pistachios mm originating in or consigned from Iran
§ 37. This provision applies to the import 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 code 2008 19 13 (in packages with a net weight of 1 kg) or 2008 19 93 (in immediate packings of net content not exceeding 1 kg) and
3) processed and compound foodstuffs derived from or containing at least 10 per cent. of items. 1-2 mentioned food.
PCS. 2. The competent authority in Iran is the Iranian Ministry of Health, see. § 30 paragraph. 1.
PCS. 3. Regional Food shall carry out sampling on each lot, see. § 32.
§ 38. All costs resulting from sampling, analysis, storage and issuing of official accompanying documents and copies of health certificate and accompanying documents indicated. § 30 and § 32 for foodstuffs from Iran referred to in this chapter shall be borne by the company which is responsible for the party.
PCS. 2. All costs related to official measures taken by the competent authorities for foodstuffs from Iran, as provided in this chapter that are not in compliance with food legislation, shall be borne by the company which is responsible for the party.
Chapter 23
Imports of peanuts mm originating in or consigned from China
§ 39. This provision applies to the import 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 packages with a net weight of 1 kg) or 2008 11 98 (in immediate packings of net content not exceeding 1 kg)
3) roasted peanuts falling within CN code 2008 11 92 (in packages with a net weight of 1 kg) or 2008 11 96 (in immediate packings of net content not exceeding 1 kg) and
4) processed and compound foodstuffs derived from or containing at least 10 per cent. of those in Nos. 1-3 above foods.
PCS. 2. The competent authority in China, the State Administration for Entry-Exit inspection and Quarantine of the People's Republic of China, see. § 30 paragraph. 1.
PCS. 3. Regional Food shall carry out sampling of 10 per cent. of lots for each category, see. § 32.
§ 40. All costs related to official measures taken by the competent authorities on foodstuffs from China, as provided in this chapter that are not in compliance with food trade legislation will be borne by the company which is responsible for the party.
Chapter 24
Imports of figs, hazelnuts and pistachios mm originating in or consigned from Turkey
§ 41. This provision applies to the import of the following foodstuffs originating in or consigned from Turkey:
1) Dried figs falling within CN code 0804 20 90
2) hazelnuts (Corylus sp.) Or not within CN code 0802 21 00 or 0802 22 00
3) pistachios falling within CN code 0802 50 00
4) mixtures of nuts and dried fruit 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) flours and meals thereof within CN code 1106 30 90
8) cut, sliced ​​and broken hazelnuts and
9) processed and compound foodstuffs derived from or containing at least 10 per cent. of items. 1-8 mentioned food.
PCS. 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, in accordance. § 30 paragraph. 1.
PCS. 3. Regional Food shall carry out sampling of approximately 5 per cent. the batches of each category of hazelnuts of CN code referred to in paragraph. 1 pt. 2 and 4-8, and derived products from such hazelnuts and about 10 per cent. of lots of other food categories, see. § 32.
§ 42. All costs related to official measures taken by the competent authorities for foodstuffs from Turkey, as provided in this chapter that are not in compliance with food law, shall be borne by the company which is responsible for the party.
Chapter 25
Imports of almonds from the US
§ 43. This provision applies to the following foodstuffs originating in or consigned from the United States:
1) almonds in shell or not, falling within CN code 0802 11 or 0802 12
2) roasted almonds in packing of a net content exceeding 1 kg falling within CN code 2008 19 13
3) roasted almonds in packing of a net weight up to 1 kg, falling within CN code 2008 19 93, and
4) mixtures of nuts and fruits falling within CN code 0813 50 and containing almonds.
5) processed and compound foodstuffs derived from or containing at least 10 per cent. of those in Nos. 1-4 above foods.
PCS. 2. The competent authority in the United States is the United States Department of Agriculture (USDA), see. § 30 paragraph. 1.
PCS. 3. Regional Food will test 5 per cent. the parties referred to in paragraph. 1 mentioned the foods that have been included in the voluntary sampling plan for aflatoxin control (Volentary Aflatoxin Sampling Plan), as Almond Board of California launched in May 2006.
PCS. 4. Regional Food should test all batches in paragraph. 1 mentioned the foods that are not covered by paragraph. 3.
PCS. 5. Notwithstanding § 30, foods covered by paragraph. 4, imported into the EU without being accompanied by the results of sampling and analysis and a health certificate.
PCS. 6. In the case of the in § 30 mentioned analysis must be carried out by a laboratory that is or are to be approved for aflatoxin analysis of USDA accredited in accordance with EN ISO / IEC 17025.
PCS. 7. Is it in paragraph. 6 said laboratory has not yet been accredited, it is a requirement that the laboratory:
1) has introduced and follows the necessary accreditation procedures and
2) provide sufficient guarantees that the laboratory has established mechanisms for quality control of the aflatoxin analyzes it makes.
PCS. 8. The health certificate accompanying the paragraph. 3-mentioned parties foods listed. § 30 shall contain a reference to the voluntary sampling plan for aflatoxin control.
§ 44. All costs resulting from sampling, analysis, storage and issuing of official accompanying documents and copies of health certificate and accompanying documents indicated. § 30 and § 32 for foodstuffs from the United States, see. § 43 paragraph. 4, not in compliance with food law, shall be borne by the company which is responsible for the party.
PCS. 2. All costs related to official measures taken by the competent authorities on foodstuffs, from the United States, as provided in this chapter that are not in compliance with food law, shall be borne by the company which is responsible for the party.
Chapter 26
Imports of peanuts mm originating in or consigned from Egypt
§ 45. This provision applies to the import 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 packages with a net weight of 1 kg) or 2008 11 98 (in immediate packings of net content not exceeding 1 kg)
3) roasted peanuts falling within CN code 2008 11 92 (in packages with a net weight of 1 kg) or 2008 11 96 (in immediate packings of net content not exceeding 1 kg) and
4) processed and compound foodstuffs derived from or containing at least 10 per cent. of those in Nos. 1-3 above foods.
PCS. 2. The competent authority in Egypt is the Egyptian Ministry of Agriculture, see. § 30 paragraph. 1.
PCS. 3. Regional Food shall carry out sampling of 20 per cent. of the parties, see. § 32.
PCS. 4. All costs related to official measures taken by the competent authorities for foodstuffs from Egypt, as provided in this chapter that are not in compliance with food law, shall be borne by the company which is responsible for the party.
Chapter 27
Imports of guar gum originating in or consigned from India
§ 46. This provision applies to imports of:
1) Guar gum under CN code 1302 32 90 originating in or consigned from India, and
2) compound foods containing at least 10 per cent. by paragraph. 1, referred guar gum originating in or consigned from India.
PCS. 2. The first marketing of the paragraph. 1 mentioned the food is only permitted if the food has been analyzed and is accompanied by an original analytical report demonstrating that the food does not contain more than 0,01 mg / kg pentachlorophenol (PCP).
PCS. 3. Applications under paragraph. 2, the analysis certificate must be issued by a laboratory:
1) is accredited according to EN ISO / IEC 17025 for the analysis of PCP in food and feed, or
2) is pursuing the necessary accreditation procedures and which has adequate quality control.
PCS. 4th The paragraph. 2, the analysis report must specify the analytical results with the expanded measurement uncertainty, and must be endorsed by a representative of the relevant competent authority of the country where the laboratory is located.
PCS. 5. Regional Food must verify that all parties to in paragraph. 1 shall foods presented for initial marketing, accompanied by paragraph. 2, the original analytical report.
PCS. 6. Each party in paragraph. 1 said food must be identified by a code that corresponds to the code that is listed in the analysis report on the results of sampling and analysis. This code must be placed on each packaging.
PCS. 7. Notwithstanding paragraph. 2, the first marketing of foods covered by paragraph. 1, may be allowed, provided that:
1) that the head of the party, who must be resident in the EU, leaving the food analysis in a laboratory meeting the requirements of paragraph. 3 mentioned conditions and
2) the report of the in number 1 above analysis demonstrates that the food does not contain more than 0,01 mg / kg pentachlorophenol (PCP).
PCS. 8. in paragraph. 7 provided food should be detained under official supervision for a period not exceeding 60 days, after which the Regional Food grants permission for free circulation. Food region permission should be given only after the Regional Food has noted that the report of the analysis, see. Paragraph. 7, has been endorsed by a representative of the competent authority of the country where the laboratory is located.
PCS. 9. in paragraph. 2 and 7, as appropriate assessments 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 carried out in accordance with the amended version of the QuEChERS method as described on the website of the CRL for Pesticides'2).
PCS. 10. The Food Products shall carry out sampling and analysis of 5 per cent. of food, subject to paragraph. 1, presented for first placing to verify that the maximum level of 0.01 mg / kg pentachlorophenol (PCP) is not exceeded. Consignment to be subjected to official sampling and analysis, maximum detained for 15 days (Monday to Friday) before release for free circulation as. However paragraph. 11.
PCS. 11. If a party, subject to paragraph. 1, detected more than 0,01 mg / kg pentachlorophenol (PCP), taking into account the measurement uncertainty, the Regional Food seize the party and requiring that the party returned or destroyed. The responsible party may be required to carry a document for the return or destruction of food region.
PCS. 12. If a lot is to be divided into two or more parties, copies of the paragraph. 2 or 7 issue analysis report follow each of the new parties to and including the wholesale stage. Copy The authenticity must be confirmed by endorsement on the copy of the competent authority in the EU country where the division has occurred. The division may not take place before control. Regional Food may also issue certified copies of the paragraph. 2 or 7 issue analysis report when the food released for free circulation if the person responsible for the party announces that it intends to split the party.
PCS. 13. Notwithstanding paragraph. 2, foods covered by paragraph. 1 which left the country of origin or the country no later than May 4, 2008 used and marketed, even if they are not accompanied by the required analysis report.
PCS. 14. All official costs resulting from sampling, analysis, storage and official measures taken as a result of non-fulfillment shall be borne by the company which is responsible for the party.
Chapter 28
Imports of rice originating in or consigned from China
§ 47. It is forbidden to import the following foodstuffs originating in or consigned from China:
1) Paddy rice falling within CN code 1006 10
2) husked rice (brown Paddy) falling within CN code 1006 20
3) Semi-milled or wholly 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 code 1103 19 50
7) Pellets of rice falling within CN code 1103 20 50
8) Flakes of rice falling within CN code 1104 19 91
9) Cereal grains otherwise (f. Ex. Decorticated, rolled, flaked, pearled, sliced ​​or crushed), except oats, wheat, rye, corn, barley, and flaked rice falling within CN code 1104 19 99 ,
10) Rice starch falling within CN code 1108 19 10
11) Preparations for infant use put up for retail sale falling within CN codes 1901 10 00
12) pasta, not stuffed or otherwise prepared, containing eggs falling within CN codes 1902 11 00
13) pasta, not stuffed or otherwise prepared, not containing eggs falling within CN codes 1902 19
14) Stuffed pasta, whether or not cooked or otherwise prepared, falling within CN codes 1902 20
15) Other pasta (other than uncooked pasta, not stuffed or otherwise prepared and stuffed pasta, whether or not cooked or otherwise prepared.) Falling within CN codes 1902 30
16) The products 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 - obtained from rice (excluding 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 and meal, food preparations obtained by swelling or roasting or from unroasted cereal flakes or other mixture of unroasted cereal flakes and roasted cereal flakes or expanded cereals), falling within CN code 1904 90 10
20) Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers and similar products of flour and starches falling within CN codes ex 1905 90 20,
21) sharps and other residues, whether in the form of pellets, derived from sifting, milling or other working of rice with a starch content of 35 weight percent or less, falling within CN code 2302 40 02
22) sharps and other residues, whether in the form of pellets, derived from sifting, milling or other working of rice other than with a starch content of 35 weight percent 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; hide powder whether or not chromed, falling within CN code 3504 00 00.
PCS. 2 pcs. 1 does not apply to parties that are accompanied by an original analytical report demonstrating that the party is not containing, consisting of or produced from the genetically modified Bt-63 rice. The analytical report should be issued by an official or accredited (ISO 17025) laboratory and must be prepared on the basis of analytical methods based on the construct-specific method developed by D. Mäde et al., For detection of the genetically modified Bt 63 rice. In cases where the report issued by a Chinese accredited laboratory, the analytical report shall be endorsed by the relevant competent authority. The analysis report must also be submitted in Danish or English, and in a language understood by the issuer.
PCS. 3. If the paragraph. 2, the analysis report is not available, the importer must let the party examine in order to demonstrate that the food does not contain the genetically modified Bt 63 rice. Until the analytical report with satisfactory results, the parties are not marketed in the EU.
PCS. 4. Regional Food subjecting the parties, as referred to in paragraph. 2 and 3, document control to ensure that the requirements regarding the results of sampling and analysis are met.
PCS. 5. If a lot is to be divided into two or more parties, copies of the paragraph. 2 and 3. analysis report respectively in paragraph. 6 statement referred to follow each of the new parties. Copy The authenticity must by endorsement certified by the competent authority in the EU country where the division has occurred.
PCS. 6. Where in paragraphs. 1 shall not containing, consisting of or produced from rice, the original analytical report may be replaced by a declaration by the person responsible for marketing the product in the EU, indicating that the food is not containing, consisting of or produced from rice. This statement must be written in a language that the person responsible for marketing the product in the EU understands that he is aware of the extent of the statement he signs. The declaration must be submitted in Danish or English, and in a language understood by the importer.
PCS. 7. Parties that are subject to sampling and analysis following paragraph. 3, not translated or put into use before the Regional Food has issued a permit, including the approved report of the analysis, see. Paragraph. 3.
PCS. 8. If a party subject to paragraph. 1 demonstrated the genetically modified Bt-63 rice, seize Regional Food party and requires the return of third country or destruction of the party. The importer may be required to carry a document for the destruction of food region.
PCS. 9. Expenses in connection with this Section shall be borne by the company which is responsible for the party.
PCS. 10. There are special restrictions on imports in the first paragraph. 1 pt. 12 and 13, said products containing eggs laid. §§ 13 and 14.
Chapter 29
Imports of soybean and soy products originating in or consigned from China
§ 48. This provision applies to imports of soy and soy products, which are not part of a complex product, see. §§ 15-17, originating in or consigned from China.
PCS. 2. It is prohibited to import products originating in or consigned from China containing soya or soya products intended for particular nutritional use of infants and young children see. Council Directive no. 89/398 / EEC of 3 May 1989 on the approximation of Member States relating to foodstuffs intended for particular nutritional uses.
PCS. 3. Regional Food must make documentary, identity and physical checks and take samples for laboratory analysis of all parties foods containing soy or soy products but are not covered by paragraph. 2, originating in or consigned father of China. The checks must particularly ensure that the content of melamine in the products not exceed 2.5 mg melamine per. kg product.
PCS. 4. In paragraph. 3 the parties shall be retained under RVFCA control until the food region either grants permission to the party can be released or order the party destroyed.
PCS. 5. Food Region shall take the necessary measures to ensure that parties with food containing soya or soya products originating in or consigned from China containing more than 2.5 mg melamine per. kilograms product destroyed.
PCS. 6. Expenditure pursuant to subsection. 3-5 borne by the responsible party.
Chapter 30
Imports of sunflower oil originating in or consigned from Ukraine
§ 49. This provision applies to imports of sunflower oil falling within CN code 1512 11 91 or 1512 19 90 10 originating in or consigned from Ukraine.
PCS. 2. It is prohibited to introduce sunflower oil, as referred to in paragraph. 1, originating in or consigned from Ukraine.
PCS. 3 pieces. 2 does not apply to parties that are accompanied by a valid certificate issued by the competent Ukrainian authorities, and some of which certifies that the oil does not contain more than 50 mg / kg mineral oil, partly contain the results of sampling and analysis for the detection of mineral oil.
PCS. 4. Regional Food shall carry out sampling and analysis of all consignments of sunflower oil originating in or consigned from Ukraine, accompanied by it in paragraph. 3 shall be valid license, presented for import to ensure that the content of mineral oil in the consignment is in accordance with what is specified in the certificate.
PCS. 5. Food Region shall take the necessary measures to ensure that the sunflower oil originating in or consigned from Ukraine, containing more than 50 mg / kg mineral oil, not marketed for use as food or feed.
PCS. 6. Regional Food must quarterly report acceptable results referred to in paragraph. 4 said analyzes. The report submitted to DVFA 3. office before the 10th of the month following each quarter, ie April, July, October and January.
PCS. 7. Expenses by paragraph. 4 and 5 are borne by the responsible party.
Chapter 31
Imports of rice originating in or consigned from the US
§ 50. It is forbidden to import the following foodstuffs originating in the United States:
1) Paddy rice, parboiled (parboiled) long grain (Long A) falling within CN code 1006 10 25
2) paddy rice, parboiled (parboiled) long grain (Long B) falling within CN code 1006 10 27
3) other than paddy rice, parboiled (parboiled) long grain (Long A) falling within CN code 1006 10 96
4) other than paddy rice, parboiled (parboiled) long grain (Long B) falling within CN code 1006 10 98
5) husked rice (brown Paddy), parboiled (parboiled) long grain (Long A) falling within CN code 1006 20 15
6) husked rice (brown Paddy), parboiled (parboiled) long grain (Long B) falling within CN code 1006 20 17
7) husked rice (brown Paddy) long grain (Long A) falling within CN code 1006 20 96
8) husked rice (brown Paddy) long grain (Long B) falling within CN code 1006 20 98
9) semi-milled rice, parboiled (parboiled) long grain (Long A) falling within CN code 1006 30 25
10) semi-milled rice, parboiled (parboiled) long grain (Long B) falling 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 (Long B) falling within CN code 1006 30 48
13) milled rice, parboiled (parboiled) long grain (Long A) falling within CN code 1006 30 65
14) milled rice, parboiled (parboiled) long grain (Long B) falling 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 (Long B) falling within CN code 1006 30 98
17) broken rice falling within CN code 1006 40 00 unless it is certified free of Long grain rice.
PCS. 2 pcs. 1 does not apply to parties that are accompanied by the following original documents:
1) a statement from the importer confirming that the products only contain rice, from the 2007 or a later harvest and has been subjected to the plan prepared by the US Rice federation aiming to remove 'LL RICE 601' from rice exported from the United States, and
2) the original of an analytical report issued by a laboratory that meets the requirements of Annex 2, confirming that the products do not contain genetically modified rice 'LL RICE 601'. This shall be accompanied by an official document issued by the Grain Inspection, Packers and Stockyards Administration (GIPSA) under the US Department of Agriculture (USDA) in accordance with the protocol in Annex 2.
PCS. 3. If a lot is to be divided into two or more parties, copies of the paragraph. 2 documentation referred to follow each of the new parties. Copy The authenticity must by endorsement certified by the competent authority in the EU country where the division has occurred.
PCS. 4. Costs associated with this section shall be borne by the company which is responsible for the party.
Chapter 32
Imports of chili from third
§ 51. It is forbidden to import the following foods and food ingredients from third countries:
1) Dried and crushed or ground fruits of the genus Capsicum (chilli) under CN code 0904 20 90, in whatever form,
2) curry powder within CN code 0910 50 regardless of form,
3) dried and crushed or ground turmeric within CN code 0910 30 regardless of form, and
4) Palm oil within CN code 1511 10 90 regardless of form.
PCS. 2 pcs. 1 does not apply to parties that are accompanied by an original analytical report, endorsed by a representative of the competent authority and certifying that the consignment does not contain any of the following chemicals:
1) Sudan I (CAS no. 842-07-9)
2) Sudan II (CAS no. 3118-97-6)
3) Sudan III (CAS no. 85-86-9), or
4) Scarlet Red or Sudan IV (CAS no. 85-83-6).
PCS. 3. Regional Food verifies that all batches of products covered by this section, imported from third countries, accompanied by an original report, as prescribed in paragraph. 2.
PCS. 4. State in question. 2, the analysis report is not available, the importer must let the party examine in order to demonstrate that it does not provide in paragraph. 2 foregoing.
PCS. 5. Regional Food seize consignments subjected to sampling and analysis following paragraph. 4. The parties shall not be translated or put into use before the Regional Food has issued a permit.
PCS. 6. Regional Food carries out random sampling and analysis referred to in paragraph. 1 shall consignments imported or already on the market to ensure that they do not contain specified in paragraph. 2 foregoing.
PCS. 7. consignment to be subjected to official sampling and analysis, maximum detained for 15 days (Monday to Friday) before being released for circulation as described. However paragraph. 9.
PCS. 8. If a lot is to be divided into two or more lots, copies in the first paragraph. 2 or paragraph. 4 issue analysis report follow each of the new parties to and including the wholesale stage. Copy The authenticity must be confirmed by endorsement on the copy of the competent authority in the EU country where the division has taken place and the division may not take place before control.
PCS. 9. If a party, subject to paragraph. 1, demonstrated an in paragraph. 2 mentioned substances, the Regional Food seize the party and order the destruction of the party. The importer may be required to carry a document for the destruction of food region.
PCS. 10. Costs related to this section, except for paragraph. 6, analysis, storage and destruction shall be borne by the responsible party.
PCS. 11. The requirement for endorsement of a representative of the competent authority of paragraph. 2 applies to parties that have left the country after 28 May 2005.
PCS. 12. The requirement for accompanying analysis report for turmeric and palm oil in paragraph. 1-2 applies to parties that have left the country after 28 May 2005.
Chapter 33
Imports of mushrooms for human consumption originating in certain third countries
§ 52. This provision applies to imports of certain fungi for human consumption originating in certain third countries following the accident at the Chernobyl nuclear power station.
PCS. 2. The regional centers carrying out checks on all batches of mushrooms from certain third countries in accordance with the provisions of:
1) Regulation (EC) no. 733/2008 of 15 July 2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station, and
2) Regulation (EC) no. 1635/2006 of 6 November 2006 on the implementation of Council Regulation (EEC) no. 737/90 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station.
PCS. 3. Costs for sampling and laboratory analysis, as well as the destruction or return after paragraph. 2, no. 2 shall be borne by the responsible party.
Section IV
Transitional provisions
§ 53. Notwithstanding § 30 paragraph. 1, allows the Regional Food imports of consignments which left the country of origin before 1 October 2006, accompanied by a health certificate as provided for in Decision 2000/49 / EC as regards foodstuffs from Egypt, Decision 2002/79 / EC as regards food from China, Decision 2002/80 / EC as regards foodstuffs from Turkey, Decision 2003/493 / EC as regards foodstuffs from Brazil and Decision 2005/85 / EC as regards foodstuffs from Iran.
Section V
Penalty and commencement provisions
Chapter 34
Penalties
§ 54. Penalty that
1) violates § 5, § 6, paragraph. 1, or 3-6, § 7, paragraph. 1, 3 or 5, § 8 paragraph. 4, § 9 paragraph. 3, § 10 paragraph. 1, § 11 paragraph. 1, 3, 5 or 6, § 12 paragraph. 3, § 13 paragraph. 1 or 4, § 14 paragraph. 1, § 15, § 16 paragraph. 1-4, § 17 paragraph. 2-3, § 18 paragraph. 1, § 19, § 20 paragraph. 2, § 21 paragraph. 2, § 22, stk. 1, § 23 paragraph. 1, § 24, § 25 paragraph. 2, § 26 paragraph. 1, § 27 paragraph. 1, § 28, § 30, § 31, first paragraph., § 33, § 34 paragraph. 3 pieces. 6, 2nd sentence. Or paragraph. 7, 2nd paragraph., § 43 paragraph. 6-8, § 46 paragraph. 2-4, 6, 8, 9, paragraph. 11, 2nd sentence. Or paragraph. 12, § 47 paragraph. 1 piece. 2, 2nd, 3rd or 4th section. Paragraph. 3, 5-7 or paragraph. 8, 2nd paragraph., § 48 paragraph. 2 or 4, § 49 paragraph. 2, § 50 paragraph. 1, or 3, or § 51 paragraph. 1, 4, 5, 8, paragraph. 9, 2nd sentence. Paragraph. 11 or paragraph. 12
2) fails to comply with orders according to § 16 paragraph. 2, § 34 paragraph. 5-7, § 46 paragraph. 11, § 47 paragraph. 8, or § 51 paragraph. 9, or
3) disregarding conditions established pursuant to § 6 paragraph. 6, § 7, paragraph. 5, § 8 paragraph. 4, § 11 paragraph. 5, § 12 paragraph. 3, § 17 paragraph. 2-3, § 20 paragraph. 2, § 21 paragraph. 2, § 25 paragraph. 2, § 30 paragraph. 2, or 5, § 34 paragraph. 5, § 46 paragraph. 7-8, § 47 paragraph. 7, § 48 paragraph. 4, or § 51 paragraph. 5.
PCS. 2. For infringements relating to food, etc. subject to the law on the keeping of animals, the penalty may increase to imprisonment for up to 2 years if
1) violation was deliberate or gross negligence and if the violation caused harm to human or animal health or the risk thereof or
2) the violation was intentional and that the infringement achieved or was intended to achieve financial gain for the person in question or others, including savings.
PCS. 3. For offenses relating to food etc. covered by the Food Act, the penalty may increase to imprisonment for up to 2 years if, by the act or omission occurred offense is committed with intent or gross negligence and if the violation is
1) caused damage to health or the risk thereof, or
2) achieved or was intended to achieve financial gain for himself or others.
PCS. 4. There can be imposed on companies etc. (legal persons) under the rules of the Penal Code Chapter 5.
§ 55. Unless a higher penalty is prescribed under other legislation punishable by a fine on anyone who violates Article 2 of Council Regulation (EC) No. 733/2008 of 15 July 2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station.
PCS. 2. Unless a higher penalty is prescribed under other legislation punishable by fine who fail to comply with orders for the following provisions of the paragraph. 1 hereto:
1) Article 3. 1, third paragraph, or
2) Article 3. 3.
PCS. 3. Unless a higher penalty is prescribed under other legislation punishable with a fine which disregards the conditions laid down under the following provisions of the paragraph. 1 hereto:
1) Article 3. 1, third paragraph, or
2) Article 3. 3.
§ 56. Unless a higher penalty is prescribed under other legislation punishable by fine for violation of the following provisions of Commission Regulation (EC) No. 1635/2006 of 6 November 2006 on the implementation of Council Regulation (EEC) no. 737/90 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station:
1) Article 1. 1
2) Article 1. 3,
3) Article 1. 4, or
4) Article 3. 1.
PCS. 2. Unless a higher penalty is prescribed under other legislation punishable by fine who fails to comply with orders pursuant to Article 1. 4, in the paragraph. 1 that Regulation.
§ 57. Unless a higher penalty is prescribed under other legislation punishable by a fine that violates Article 3 of Commission Regulation (EC) No. 601/2008 of 25 June 2008 on protective measures applying to certain fishery products imported from Gabon and intended for human consumption.
Chapter 35
Commencement
§ 58. This Order shall enter into force on 16 November 2009.
PCS. 2. At the same time, Executive Order no. 954 of 8 October 2009 on imports of food, etc., with special restrictions.
Food Administration, 12 November 2009
Esben Egede Rasmussen
/ Thomas Løppenthin
Annex 1
Border inspection posts on composite products containing milk products from China







BIP


Address, tel. And fax



Copenhagen Airport


Kystvejen 16, 2770 Kastrup
Tel. 32 46 00 99/72 27 64 50
Fax 32 45 19 91/72 27 64 51



Copenhagen harbor


Glückstadsvej 8, 2100 Copenhagen
Tel. 32 46 00 99/72 27 64 50
Fax 32 45 19 91/72 27 64 51



Aarhus harbor


Østhavnsvej 31, 8000 Aarhus C
Tel. 86 13 11 33
Fax 86 13 10 40





Appendix 2
Protocol for sampling and testing of lots of long grain rice from 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 2004 L 348, p. 8). Taking into particular account that the available methods are qualitative and that Annex concerns the detection of a prohibited GMO, as there is no fixed tolerance threshold. Samples for the official control of the rice does not contain LL RICE 601, taken in accordance with the methods described below. Collect samples considered representative for the lots they are taken.



2)


Definitions. Using this Annex, the definitions in Recommendation 2004/787 / EC shall apply.



3)


Sampling. Personnel employed by USDA's Grain Inspection, Packers and Stockyards Administration (GIPSA) draw samples from each consignment (lots) long grain rice from the United States to be shipped to Europe, in accordance with established sampling procedures. These procedures are documented in GIPSA's Rice Inspection Handbook, Chapter 2, Sampling. The size of the original bulk sample shall be in accordance with Commission Recommendation 2004/787 / EC. GIPSA personnel shall prepare a representative sample of 2.5 kg of the party, which is composed of several units for the testing laboratory and will retain an identical 2,5 kg file sample. GIPSA inflict laboratory sample a seal and take note of the number on the seal for future reference.



4)


Test. A company wishing to carry out a test, send a sealed sample to one of the commercial testing laboratories in participating successfully in the dedicated proficiency program on Liberty Link rice GIPSA manages and listed on the site http : //archive.gipsa.usda.gov/rdd/llriceprof.pdf Each laboratory tests pools of samples within its verified detection level to achieve a demonstration margin of 0.01%. The laboratory shall record the seal number, break the seal, and test four 240 gram, taken from the laboratory bulk sample. From each sample shall be a single extraction. Two PCR analyzes of each extraction using the 35S: BAR method developed by Bayer CropScience and verified by both GIPSA and the JRC. The entire lot shall be considered negative only when all sample results are negative.



5)


Reporting. The laboratory shall report results, and the number of the GIPSA seal the lab report and sends it to the company that wanted to have the test. The company shall submit the report to the GIPSA office that sampled the lot. GIPSA will issue an official document as follows, and provide it to: "GIPSA officially sampled the lot of rice identified as (specify lot identification) and applied seal number (enter seal number). (Enter lab name), who participates in the dedicated proficiency program on Liberty Link rice GIPSA manages, tested a sample identified with this seal number and did the verified 35S: BAR method detected Liberty Link -rice. The lab report is attached.





Official notes
1) This Executive Order contains provisions that implement the following EU legal acts or parts of these: Commission Decision 2002/249 / EC of 27 March 2002 on protective measures for aquaculture products imported from Myanmar (Official Journal 2002 L 84 p. 73), Commission Decision 2002/251 / EC of 27 March 2002 on protective measures with regard to poultrymeat and certain fishery and aquaculture products imported from Thailand (Official Journal 2002 L 84, p. 77), as last amended by Commission Decision 2003/895 / EC of 19 december 2003 (Official Journal 2003 L 333, p. 92), Commission Decision 2002/994 / EC of 20 december 2002 on protective measures against animal origin imported from China (Official Journal 2002 L 348 p. 154), as amended by Commission Decision 2009/799 / EC of 29 October 2009 (Official Journal 2009 L 285, p. 42), Commission Decision 2004/225 / EC of 2 March 2004 on protective measures for certain live animals and animal products originating in or coming from Albania (Official Journal 2004 L 68, p. 34), Commission Decision 2005/402 / EC of 23 May 2005 on emergency measures regarding chilli, chilli products, curcuma and palm oil (EC -Tidende 2005 L 135 p. 34), Commission Decision 2005/692 / EC of 6 October 2005 concerning certain protection measures in relation to avian influenza in several third countries (Official Journal 2005 L263 p. 20), as last amended by Commission Decision 2009 / 6 / EC of 17 december 2008 (Official Journal 2009 L 4, p. 15), Commission Decision 2005/749 / EC on certain protection measures in connection with suspicion of highly pathogenic avian influenza in Croatia (Official Journal 2005 L 280 p. 23), Commission Decision 2006/27 / EC on special conditions governing meat and meat products of equidae imported from Mexico and intended for human consumption (Official Journal 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 2006 L 83, p. 16), as amended by Commission Decision 2008/660 / EC of 31 July 2008 (Official Journal 2008 L 215, p. 6) Commission Decision 2006/241 / EC on protective measures for certain products of animal origin, excluding fishery products, originating in Madagascar (EU Official Journal 2006 L 88, p. 63), as amended by Commission Decision 2008/825 / EC of 23 October 2008 (Official Journal 2008 L 290, p. 23), Commission Decision 2006/532 / EC of 28 July 2006 on certain protection measures in relation to highly pathogenic avian influenza in South Africa (Official Journal 2006 L 212, p. 16) , Commission Decision 2006/504 / EC of 12th July 2006 on special conditions for the import of certain foodstuffs from certain third countries due to the risk of aflatoxin contamination of the products (Official Journal 2006 L 199, p. 21), as amended by Commission Decision 2007/759 / EC of 19 November 2007 (Official Journal 2007 L 305, p. 56), Commission Decision 2006/601 / EC of 5 september 2006 on emergency measures regarding the unauthorized genetically modified organism LL RICE 601 (Official Journal 2006 L 244, p. 27), as amended by Commission Decision 2008/162 / EC of 26 February 2008 (Official Journal 2008 L 52, p. 25), 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 applying to fishery products imported from Albania and intended for human consumption (Official Journal 2007 L 260, p. 21), Commission Decision 2008/289 / EC of 3 april 2008 on emergency measures regarding the unauthorized genetically modified organism 'Bt 63' in rice products (Official Journal 2008 L 96, p. 29), Commission Decision 2008/352 / EC of 29 april 2008 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 2008 L 117, p. 42), Commission Decision 2008/433 / EC of 10 June 2008 laying down specific conditions for import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil (Official Journal 2008 L 151, p. 55), Commission Decision 2008/555 / EC of 26 June 2008 on certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in Croatia and Switzerland (Official Journal 2008 L 179, p. 14) as amended by Commission Decision 2009/494 / EC of 25 June 2009 (Official Journal L 166, p. 74 ), Commission Decision 2008/630 / EC of 24 July 2008 on emergency measures applicable to crustaceans for human consumption imported from Bangladesh (Official Journal 2008 L 205, p. 49), Commission Decision 2008/798 / EC of 14 October 2008 on special import conditions for products containing milk or milk products originating in or consigned from China, and repealing Decision 2008/757 / EC (Official Journal 2008 L 273, p. 18), as amended by Decision 2008/921 / EC of 9 december 2008 (Official Journal 2008 L 331, p. 19), Commission Decision 2008/866 / EC of 12 november 2008 on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption (Official 2008 L 307, p. 9), as amended by Commission Decision 2009/297 / EC of 26.marts 2009 (Official Journal 2009 L 81, p. 22) and Commission Decision 2009/727 / EC of 30 september 2009 on emergency measures applicable to crustaceans for food or feed imported from India (Official Journal 2009 L 258, p. 31). The Order contains provisions that supplement Council Regulation (EC) no. 733/2008 of 15 July 2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station (Official Journal 2008 L 201, p. 1) , Commission Regulation (EC) no. 1635/2006 of 6 november 2006 on the implementation of Council Regulation (EEC) no. 737/90 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station (Community Journal 2006 L 306, p. 3) and Commission Regulation (EC) no. 601/2008 of 25 June 2008 on protective measures applying to certain fishery products imported from Gabon and intended for human consumption (Official Journal 2008 L 165, p. 3).
2) http://www.crl-pesticides.eu/library/docs/srm/QuechersForGuarGum.pdf