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Decision of 3 October 2005, laying down the WarenwetDecree on the hygiene of foodstuffs
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Health, Welfare and Sport of 22 June 2005, VGP/VL 2593195, done in accordance with Our Ministers of Agriculture, Nature and Food Quality, and of Economic Affairs;
Having regard to:
- Directive No 96/3 Commission of the European Communities of 26 January 1996 (PbEG L 21) concerning a derogation from certain provisions of the Treaty establishing the European Community. Directive 93 /43/EEC of the Council on the hygiene of foodstuffs for the bulk transport of liquid oils and fats by sea;
- Directive No 98 /28/EC of the Commission of the European Communities of 29 April 1998 (PbEG L 140) concerning a derogation from certain provisions of the Directive 93 /43/EEC of the Council on the hygiene of foodstuffs for the sea of raw sugar by bulk;
- Directive No 2004 /41/EC of the European Parliament and of the Council of the European Union of 21 April 2004 (PbEU L 157 and L 195) repealing certain directives on food hygiene and laying down health rules for production and in the field of food the marketing of certain products of animal origin intended for human consumption, and amending the Directives 89 /662/EEC and 92 /118/EEC of the Council and of the Decision 95 /408/EC of the Council;
- Regulation (EC) 852/2004 from the European Parliament and the Council of the European Union of 29 April 2004 on the hygiene of foodstuffs (PbEU L 139 and L 226);
- Regulation (EC) 853/2004 of the European Parliament and of the Council of the European Union of 29 April 2004 laying down specific hygiene rules for food of animal origin (PbEU L 139 and L 226);
- Regulation (EC) 854/2004 of the European Parliament and of the Council of the European Union of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (PbEU) L 139 and L 226);
- Regulation (EC) 882/2004 of the European Parliament and of the Council of the European Union of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (PbEU L 165 and L 191); and
-the Articles 4, first and second paragraphs, 5 , 6 , 8, 1st Member , 9 , 11 , 12 , 13, point (a), 14 and 22, 1st member, of the Warenwet ;
The Council of State heard (opinion delivered on 2 September 2005, no. W13.05.0264/III);
Having regard to the further report of Our Minister of Health, Welfare and Sport of 27 September 2005, VGP/VL 2619723, delivered in accordance with Our Ministers of Agriculture, Nature and Food Quality, and of Economic Affairs;
Have found good and understand:
1 In this Decision, the following definitions shall apply:
a. Regulation (EC) No 852/2004 : Regulation (EC) 852/2004 from the European Parliament and the Council of the European Union of 29 April 2004 on the hygiene of foodstuffs (PbEU L 139 and L 226);
b. hygiene code : A national guide for good practice in the field of hygiene and the application of HACCP principles as referred to in Article 7 of the EC Treaty, drawn up in the Netherlands Regulation (EC) No 852/2004 ;
c. Directive 98 /28/EC : Directive No 98 /28/EC of the Commission of the European Communities of 29 April 1998 (PbEG L 140) concerning a derogation from certain provisions of the Directive 93 /43/EEC of the Council on the hygiene of foodstuffs for the sea of raw sugar by bulk;
ed. Regulation (EC) No 853/2004 : Regulation (EC) 853/2004 of the European Parliament and of the Council of the European Union of 29 April 2004 laying down specific hygiene rules for food of animal origin (PbEU L 139 and L 226);
e. Regulation (EC) No 854/2004 : Regulation (EC) 854/2004 of the European Parliament and of the Council of the European Union of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (PbEU) L 139 and L 226);
f. Regulation (EC) No 882/2004 : Regulation (EC) 882/2004 of the European Parliament and of the Council of the European Union of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (PbEU L 165 and L 191);
g. Regulation (EC) No 2073/2005 : Regulation (EC) 2073/2005 from the Commission of the European Communities of 15 November 2005 on microbiological criteria for foodstuffs (PbEU L 338).
2 This Decision shall not apply to:
a. operators of slaughterhouses, as referred to in Annex II, Sections II and III, of Regulation (EC) No 853/2004 ;
(b) the operators of establishments referred to in Article 2, first paragraph, point c, of Regulation (EC) No 852/2004 , where only operations are carried out in respect of live animals and fresh meat of:
1 °. domestic ungulates;
2 °; poultry and lagomorphs;
3 °. farmed game; or
4 °. Free game;
referred to in Annex III, Sections I to IV, of Regulation (EC) No 853/2004 ;
(c) the official controls of fresh meat and related provisions, as referred to in Article 5 and Annex I, of Regulation (EC) No 854/2004 ; and
d. the official controls of compliance with feed, animal health and animal welfare legislation, Regulation (EC) No 882/2004 .
1 It shall be prohibited to act contrary to Articles 3, 4, first, second, and third paragraph, point 5, first paragraph, second paragraph, last subparagraph, and fourth paragraph, and 6, second paragraph, and third member, point (a), (b) and (c) of Regulation (EC) No 852/2004 .
2. It shall be prohibited to act contrary to Articles 3, 4, first to fourth paragraph, 5, 6, first, third, and fourth paragraph, 7, first paragraph, and 8, first paragraph, of Regulation (EC) No 853/2004 .
3 It is prohibited to act contrary to Articles 3, 4, 5, first, second and fourth paragraphs, 6, first paragraph, 7, and 9, of Regulation (EC) No 2073/2005 .
4 It is forbidden to act contrary to the under Article 3, fourth paragraph , and 10 set rules.
5 It is prohibited to trade raw cow's milk intended for direct human consumption, other than with regard to Article 8 .
1 Competent authority:
(a) referred to in point (d) of Article 2 (d) of Regulation (EC) 852/2004 and in point (c) of Article 2 (1) of Regulation (EC) No 854/2004 shall be the Netherlands Food and Warenauthority;
(b) referred to in Article 2, fourth paragraph, of Regulation (EC) No 882/2004 , are the services under which the Commodity law designated officials, in charge of supervising compliance with the case of or under the Commodity law shall be effective.
2 By way of derogation from the first paragraph, our Minister shall be the competent authority:
(a) on the granting of approval of establishments as specified in:
1 °. Article 4 of Regulation (EC) No 853/2004;
2 °. Article 3 of Regulation (EC) No 854/2004;
3. Article 6, third paragraph, point (c) of Regulation (EC) No 1483/8. 852/2004;
For non-compliance with Regulation (EC) 852/2004 or Regulation (EC) No 853/2004, as appropriate:
1 °. suspend or revoke the approval of establishments as referred to in point (a);
2 °. restricting or prohibiting the placing on the market of certain eating and drinking goods;
3 °. orders of monitoring, recall, taking out of the trade or destruction of eating and drinking goods;
4 °. authorize the use of eating and drinking products for purposes other than those for which they were originally intended; or
5 °. temporarily, in whole or in part, ordered from the closure of the undertaking concerned;
(c) referred to in Chapter II of Annex II to Regulation (EC) No 854/2004.
3 Under the procedure of our Minister, procedures as referred to in Article 11, fifth paragraph, and Article 31, first paragraph, point (a) and (a), of Regulation (EC) No 882/2004 .
1 A hygiene code is taken on the initiative of its authors:
a. discussed in the Governmental Consultations Department Of Commodities Law; and
b. then submitted for approval to Our Minister for approval.
2 Our Minister approves a hygiene code if that hygiene code:
(a) has been prepared in accordance with Article 8, first paragraph, point (b) of Regulation (EC) No 852/2004;
b. is usable for the sector covered by that code;
c. Where possible and useful for verification of process control is provided with microbiological guide values related to the critical control points referred to in Article 5, second paragraph, of Regulation (EC) No 852/2004 ; and
d. may serve as a guide for compliance with Article 3, Article 4, or Article 5, of Regulation (EC) No 852/2004 in the sector concerned or for the foodstuffs concerned.
3 By way of derogation from the second paragraph, our Minister for Economic Affairs, Agriculture and Innovation shall approve a hygiene code:
(a) relates to primary production and to the Annex I of this Regulation; Regulation (EC) No 852/2004 intended operations, related to such operations;
b. is prepared in accordance with Article 8, first paragraph, point (c), of Regulation (EC) No 852/2004 ;
c. is usable for the sector covered by that code; and
d. may serve as a guide for compliance with Article 3, Article 4, and Article 5, of Regulation (EC) No 852/2004 in the sector concerned or for the foodstuffs concerned.
4 An approval referred to in paragraph 2 may, in so far as it relates to one or more of the standing procedures referred to in Article 5, first paragraph, of Regulation (EC) No 852/2004 , shall be withdrawn if the relevant procedure has not been reviewed and, where necessary, amended in accordance with the last subparagraph of Article 5, Regulation (EC) No 852/2004 .
5 Our Minister or our Minister for Economic Affairs, Agriculture and Innovation shall make a decision, after hearing the advice of the Netherlands Food and Warenauthority, by the third and fourth paragraphs of the second and fourth paragraphs.
6 The fourth and fifth paragraphs shall apply mutatis mutandis to a hygiene code drawn up and approved at the end of this Decision, before the entry into force of this Decision. Article 31, first, second and third paragraphs, of the Hygiene of Foodstuffs Regulations .
1 The operator of a food business becomes subject to control by one with the supervision of compliance Regulation (EC) No 852/2004 official in charge of the use of the hygiene code laid down in respect of the food industry and approved by that official, before the official is given the opportunity to grant such an official, or Article 4 .
2 The food business operator, using the hygiene code referred to in the first paragraph:
a. satisfies the requirements of Articles 3, 4 or 5 of Regulation (EC) No 852/2004 , referred to in Article 4, second paragraph, point (d) , if he acts in accordance with the rules in the hygiene code relating to it;
b. does not comply with Articles 3, 4 or 5 of Regulation (EC) No 852/2004 , referred to in Article 4, second paragraph, point (d) , if he does not act in accordance with the rules in the hygiene code relating thereto.
3 The first and second paragraphs shall apply mutatis mutandis to the use of:
a. A hygiene code drawn up and approved at the foot of this Decision before the entry into force of this Decision; Article 31, first, second and third paragraphs, of the Hygiene of Foodstuffs Regulations ;
b. Community guides referred to in Article 9 of Regulation (EC) No 852/2004 .
By way of derogation from Article 4, second paragraph, of Regulation (EC) No 852/2004 :
a. The bulk transport in seagoing vessels of liquid oils or fats which will be used for human consumption shall be carried out in accordance with Regulation (EU) No Commission Regulation (EC) No 579/2014 of 28 May 2014 concerning a derogation from certain provisions of Annex II to Regulation (EC) No 109/2014 852/2004 of the European Parliament and of the Council as regards the transport of liquid oils and fats by sea (PbEU 2014, L 160);
b. the bulk transport by sea of raw sugar which has not been subjected to a complete and effective refining process for use as a food or an ingredient of a foodstuff may be carried out in accordance with the conditions laid down in Directive 98 /28/EC .
1 The direct supply, by the producer, of small quantities of primary products to the final consumer or to the local retail trade directly supplied to the final consumer, as specified in:
(a) Article 1 (c), second paragraph, point (c), Regulation (EC) No 852/2004 ; and
(b) Article 1, third paragraph, point (c), of Regulation (EC) No 853/2004 ;
be carried out in a manner that is in a way that:
1 °. may not be contaminated with any quantity of substances which may be harmful from the point of view of human health, or to organisms or viruses which may reasonably be expected to be harmful may be or become; and
2 °. organisms referred to in 1 ° may not be propagated in such a way as to enable them to be harmful or to become harmful from the point of view of the health of humans.
2 With regard to the first paragraph, a hygiene code may be drawn up. In that case, Article 4, first paragraph, second paragraph, points (a), (b) and (d), fourth and fifth paragraphs , and Article 5, first and second paragraphs , mutatis mutandis.
1 Raw cow's milk, intended for direct delivery to private individuals, is exclusively available:
1 °. on the holding of the dairy farmer where that milk was collected; and
2 °. in a container which is not suitable for delivery with the contents to private persons;
and comply with the following requirements:
a. Germination at 30 ° C ≤ 50,000 per ml. 1 ;
b. Staphylococcus aureus (per ml): m=100, M=500, n= 5, c= 2 2 ; and
c. Salmonella is absent in 25 g: n= 5, c=0.
1 Geometric mean, recorded over a period of two months, with at least two samples per month.
2 n: number of units from which a sample exists;
m: threshold value for the number of bacteria: the result is satisfactory if the number of bacteria in all units is equal to or greater than m;
M: maximum value for the number of bacteria: the result is unsatisfactory if the number of bacteria in one or more units is equal to or greater than M;
c: number of units in which the number of bacteria may be between m and M, and where the sample is still acceptable if the number of bacteria in the other units is equal to or less than m.
2 The milk referred to in paragraph 1 shall be chilled, if not sold to the consumer within two hours after milking, to:
a. If that milk is sold within 24 hours of milking: a temperature of 8 ° C or less;
b. If that milk is not sold within 24 hours of the milking: a temperature of 6 ° C or less.
3 The following words shall be clearly legible on or in the immediate vicinity of the container referred to in the first paragraph: RAW MILK FOR USE IN COOKING.
The Netherlands Food and Warenauthority is empowered to grant the consent referred to in Article 10, eighth paragraph, point (b). Regulation (EC) No 853/2004 .
Our Minister proposes further rules on the Articles 1 to 9 , in so far as is necessary for the proper performance of the aid or Regulations (EC) No 852/2004 , 853/2004 , 854/2004 or 882/2004 rules.
1 This Decision shall enter into force with effect from 1 January 2006.
2 Article 10a shall expire from 1 January 2010.
This decision is cited as: Warenlawdecision hygiene of foodstuffs.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 3 October 2005
Beatrix
The Minister for Health, Welfare and Sport,
J. F. Hoogervorst
Published the 27th October 2005The Minister of Justice,
J. P. H. Donner
