Key Benefits:
Sampling of commodities
The State Secretary for Welfare, Health and Culture, in agreement with the Secretary of State for Economic Affairs, A. J. Evenhuis, and the Minister for Agriculture and Fisheries,
Whereas, from the point of view of legal certainty, rules relating to the taking of samples of goods for the purpose of carrying out surveillance are desirable;
Whereas it is also necessary to comply with the Commission Directive laying down Community methods of sampling for the official control of pesticide residues in and on fruit and vegetables (79/700/EEC) (PbEG) L 207);
Whereas provision should also be made for the provisions of the Council Directive on the use of certain preservatives for the surface treatment of citrus fruit and on control measures for the use of certain preservatives to be used in the processing of citrus fruit; Discovery and the quantitative determination of preservatives in and on citrus fruits (67/427/EEC) (PbEG, no. 148), in so far as it concerns the sampling required in that context;
Whereas the rules of the Netherlands implementing the abovementioned Directives have now been automatically repealed because of the entry into force of the 1988 Warslaw of the Amending Law;
Whereas implementation should be given to the First Directive of the Commission of the European Communities laying down Community methods of chemical research for the control of preserved milk products (897/524/EEC) (PbEG L 306);
Having regard to Article 26, third paragraph, of the Warenwet (Stb. 1988, 360);
Decision:
1 In general, the sample shall show as accurately as possible the average composition of the sampled lot. To this end, the stock to be sampled shall be mixed together, where this is possible, and then a part shall be taken as a sample.
2 In cases where the size of the lot, the method of packaging or the nature of the sample to be sampled where such interference is likely to be sampled, small parts of the lot are taken from different places of the lot from which it is sample shall be composed, or from which, after careful mixing, the sample is taken.
3 Batches consisting of consumer units, whether or not packed, may be taken from different units, from which the sample is composed.
4 Samples for bacteriological examination should be taken in original packaging, where this is possible; where this is not possible, they should be taken under the usual precautions for that purpose.
5 The size of the samples to be taken that depends primarily on the nature of the examination to be carried out, is shown by the method of analysis established for the relevant studies or research concerned. In the absence of such a specific provision, the size of the sample shall be determined by, or on behalf of, the Director of the Article 25 of the Warenwet designated supervisory institution.
When taking samples of a drinking or drinking water, the control official shall inform the party concerned that, in so far as it is technically feasible, it shall be entitled to a second sample as referred to in Article 1 (2). Article 5:18, third member, of the General Law on Administrative Law Or in Article 21, third paragraph, of the Law on Economic Crimes .
1 After taking the samples, the sample shall be sealed on the spot and, where appropriate, after packing, and shall bear a marking in such a way as to establish its origin.
2 Sampling, packaging, transport and storage of samples should be carried out in such a way as to avoid any change in properties, to the extent that these changes could affect the assessment of the sample. are.
3 The seal must be placed in such a way that opening the packaging without damage to packing material or to the seal is impossible.
4 After taking the samples, note must be taken by the sampler in a pocket booklet kept to that purpose, stating the name and place of residence of the person concerned, place, date and time of sampling, name of the person concerned. sampled where or from the sampling and number and mark of the packaging. In addition, any other data that may be of relevance for a proper assessment or which the sampler may deem worthy of consideration may be noted.
5 After the samples are received in the laboratory, all records shall be entered in the records, indicating the name of the sampler.
1 Without prejudice to the provisions of the Articles 1 and 2 , for the purpose of controlling the radioactivity of caesium 134 and 137 of fruit and vegetables, the provisions of the following paragraphs shall apply.
2 For each batch to be examined, a separate sample must be taken.
3 In taking the sample, precautions should be taken to avoid any change that may affect joint radioactivity, which may adversely affect the analysis or which may result in the analysis. The sample is no longer representative.
4 For the purpose of assempling a sample, the lot shall be taken from the lot to be sampled in different places. A derogation from this procedure shall be specified in the Annex to this Regulation. Article 2 (4) , the endorsement referred to. Products which are wholly or largely spoiled shall not be used for sampling.
5 The minimum number of grips to be taken is shown in Table 1 below. The handles must be of equal size as far as possible.
Weight of the lot
(kg)
Minimum number of
Take hold
| < 50 |
3 |
| 50 to 500 |
5 |
| > 500 |
10 |
6 In the case of frozen products or where the sampler does not know the weight of the lot or if that weight cannot be estimated sufficiently, the minimum number of handles may be taken, by way of derogation from the fifth paragraph, according to Table 2 below: 3.
Number of packages or
Units in the Party
Minimum number to be decreased
Packaging
or units
| 1 to 25 |
1 |
| 26 to 100 |
5 |
| > 100 |
10 |
7 A aggregate sample is obtained by combining and mixing the handles.
The aggregate sample can be used as a sample. If the aggregate sample is too large, it can be reduced to sample by means of an appropriate method, for example by dividing it into four, removing two diagonal quarters, mixing the rest, and redistributing it in celebration, and so on, until the desired size is obtained. However, individual fruits or vegetables may not be cut or shared in pieces.
9 For mushrooms and truffles, kitchen herbs and capers each sample must weigh at least 0.5 kg (6 lb).
10 For other fruit and vegetables, each sample must weigh not less than 1 kg and at least 10 pieces for the species concerned. However, if these 10 pieces weigh more than 5 kg, the sample may consist of only five pieces.
By way of derogation from the provisions of Article 1 , for the purposes of the chemical examination of preserved dehydrated milk products, the provisions of the Annex to the First Directive of the Commission of the European Communities laying down Community methods for the use of dried milk products for the purposes of the chemical analysis of preserved dehydrated milk products For the purposes of monitoring the control of preserved milk products (87/524/EEC) (PbEG L 306), the Commission shall apply the following information:
For the purposes of this paragraph:
The freezing process that is so fast as necessary exceeds the maximum crystallisation zone, with the result that, after thermal stabilisation, the temperature is maintained at -18 °C or below anywhere in the area without interruption;
frozen food or drinking goods, other than ice-cream which are marketed in a manner that indicates that they have that characteristic.
1 By way of derogation from Article 1 and without prejudice Article 2 , for the purpose of official control of the temperature of frozen food, the following paragraphs shall apply.
2 The nature and quantity of packages to be checked shall be chosen in such a way that their temperature is representative of the warmest points in the inspected batch.
3 The samples are taken at different critical locations of the freezing house, for example at the doors (on the top and the bottom side), in the middle of the freezer (at the top and bottom) and at the air intake of the freezer. Evaporators. Account is taken of the length of stay of the products in the freezing house (in connection with the stabilization of the temperature).
4 When samples are taken during transportation, samples shall be taken at each door or set doors from the top and bottom of the load next to the edge of the doorway.
5 When samples are taken at the unloading, samples shall be taken at four of the following critical places:
the top and bottom of the load next to the edge of the doorway;
The upper corners of the load (as far as possible from the cooling installation);
the centre of the load;
The centre of the front of the load (as close to the cooling installation as possible);
the upper and lower corners of the front of the charge.
6 A sample to be checked is taken from a shop cabinet in three places which are representative of the warmest points of the retail furniture used.
Without prejudice Article 5c other scientific-adequate methods may be used for the control referred to therein, subject to the condition that the free movement of frozen foodstuffs, using the Frozen food commodity legislation has been shown to comply with the relevant requirements, thereby not obstructing it.
Sampling methods for the chemical analysis of casein and caseinates specified in the Annex Milk proteins (casein and caseinates) commodities law , are included in the first Directive No 86 /424/EEC of the Commission of the European Communities of 15 July 1986 laying down the sampling methods for chemical analysis of casein and caseinates (PbEG L 243).
Sampling of products of plant and of animal origin for the purpose of determining the level of pesticide residues shall be carried out in accordance with the conditions laid down in Annex II. Directive No 2002 /63/EC of the Commission of the European Communities of 11 July 2002 (PbEG L 187) laying down Community methods of sampling for the official control of pesticide residues in and on products of plant and of vegetable origin (OJ L 187, p. animal origin and repealing Directive 79 /700/EC .
1 This arrangement may be referred to as Commodity Regulation Sampling.
2 The provisions of the Articles 1 to 4 shall enter into force from the day following publication of this Arrangement and shall return to it until 30 July 1988.
3 The provisions of Article 5 shall enter into force from the day following the publication of this Arrangement.
4 A change of:
a. Directive No 87 /524/EEC of the Commission of the European Communities of 6 October 1987 laying down Community methods for the sampling of chemical tests for the control of preserved milk products (PbEG L 306);
b. Directive No 86 /424/EEC of the Commission of the European Communities of 15 July 1986 laying down the sampling methods for chemical analysis of casein and caseinates (PbEG L 243);
c. Directive No 2002 /63/EC of the Commission of the European Communities of 11 July 2002 (PbEG L 187) laying down Community methods of sampling for the official control of pesticide residues in and on products of plant and of vegetable origin (OJ L 187, p. animal origin and repealing Directive 79 /700/EC ;
the application of this scheme shall apply from the date of implementation of the amending Directive concerned.
Rijswijk, 20 April 1989
TheState Secretary
of Welfare, Health and Culture,D. J. D. Dees
