The Spanish Food Code, approved by Decree 2484/1967, of 21 September, regulates sanitary aspects of fungi or mushrooms, inside the chapter of vegetables and vegetables, including a list with the edibles. This list is complete with the species listed in several quality standards, including the Order of 12 March 1984, which approves the quality standard for edible mushrooms destined for the internal market, the Order of 10 November 1983, for which the quality standard for cultivated mushrooms, intended for the internal market, and the Order of 18 October 1977, for which the quality standards for the external trade in fresh truffles are issued, is adopted.

Currently, the rules governing the marketing of mushrooms should be reviewed from the point of view of food safety, especially since the adoption of Regulation (EC) No 178/2002 of the European Parliament and the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, and Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004, on the hygiene of foodstuffs, regulations of direct application in Spain.

On the other hand, there are more and more consumers who demand different types of mushrooms than those that have traditionally been found in the market, and nowadays, the species recognized as edible This is not the case. However, the potential danger of these products makes it necessary to be cautious in including new species in the list of which they may be placed on the market and in the establishment of the requirements to be met by undertakings for ensure the safety of the products offered to consumers.

New knowledge and studies on mushrooms have led to limiting or prohibiting for consumption species such as the Equestrian Tricroloma, considered as edible in the Spanish Food Code, by Order SCO/330 3/2006, October 23, for which the marketing of the seta tricholoma equestre is prohibited, invoking the precautionary principle in the management of the risk, as there are studies that relate the consumption of this mushroom with cases of rhabdomyolysis. Similarly, there are studies that show that many mushrooms not included in our current legislation, such as the Craterellus cornucopioides, the Hydnum repandum or the Hygrophorus marzuolus, could be included without any problems. this way, to increase the supply of mushrooms that can be marketed with guarantees for consumers.

The Spanish Food Code includes only 33 species, indicating that the corresponding regulation will contain a catalogue of wild mushrooms that can be used for consumption in each region. This catalog has not been developed at present.

Therefore, it is necessary to amend the provisions of the Spanish Food Code to extend the list of species that may be placed on the market, to remove those that are not safe and to establish conditions for those species. whose crude consumption may pose a risk to consumers.

Furthermore, Regulation (EC) No 852/2004 leaves out of its scope the direct supply by the producer of small quantities of primary products to the final consumer or to local retail establishments. retail for the supply of the final consumer, including catering establishments, indicating that Member States should regulate in accordance with their national law such activities.

Royal Decree 640/2006 of 26 May on certain conditions for the application of the Community provisions on hygiene, the production and marketing of foodstuffs, partly develops the direct supply by the producer of small quantities. However, these supplies should be given particular attention, due to the potential danger of mushrooms, so that they can only be carried out in compliance with a number of requirements and when the competent authority so authorises. Given the local character of this type of supply, the customs of the different regions or regions and the potential generation of wealth that the production, collection and supply of mushrooms assume, it seems appropriate that they be the competent authorities in autonomous communities which determine additional conditions and species which may be marketed through such practices.

Another point of particular importance lies in the correct identification of the species offered to consumers, as confusions with similar species are the main cause of poisoning that is being carried out annually. produce in our country for the consumption of mushrooms. While most poisonings occur in the private sphere, the risks that individuals who decide to consume the mushrooms that they collect should not be taken to the consumers of marketed mushrooms. Therefore, the food business operators should pay particular attention to the correct identification of the species they place on the market as they have an obligation to supply the consumer with safe products.

This standard regulates aspects that, from the point of view of food safety, should bring together the marketing of wild and farmed mushrooms, and lays down the requirements for mushrooms and mushrooms to be used for the purposes of food safety. comply with the undertakings involved in their production, processing and distribution.

Moreover, this rule repeals section 2. of Chapter XXI of the Spanish Food Code, approved by Decree 2484/1967, and Order SCO/330 3/2006, maintaining in force the rules for the development of the Food Code. Spanish in everything that does not object to what was established in this royal decree, which have been mentioned above.

This provision has been submitted to the procedure for information on technical standards and regulations and regulations relating to the services of the Information Society provided for in Directive 98 /34/EC of the European Parliament and of the Council. The European Parliament and the Council of 22 June 1998, as amended by Directive 98 /48/EC of 20 July 1998 and Royal Decree 1337/1999 of 31 July 1998 incorporating these directives into the Spanish legal order.

In its preparation have been consulted the autonomous communities, as well as the sectors affected, having issued its mandatory report the Inter-Ministerial Commission for Food Management.

This royal decree is issued under the protection of Article 149.1.16 of the Constitution, which attributes to the State exclusive competence in the field of bases and general coordination of health, and in accordance with the provisions of Article 40.2 of Law 14/1986 of 25 April, General of Health.

In its virtue, on the proposal of the Ministers of Health and Consumer Affairs, Industry, Tourism and Trade and Environment, and Rural and Marine Environment, in agreement with the Council of State and after deliberation of the Council of Ministers, in its Meeting of the day 16 January 2009,

D I S P O N G O:

Article 1. Object and scope of application.

1. This royal decree lays down the health conditions applicable to the production, processing and distribution of fresh mushrooms and preserved mushrooms for food use.

2. What is set in the will apply to:

(a) Wild and cultivated mushrooms, marketed in the domestic market.

(b) The placing on the market of products covered by non-permanent installations which may be authorized in accordance with the provisions of Royal Decree 1010/1985 of 5 June 1985 governing the exercise of certain arrangements for sale outside a permanent commercial establishment, or in the corresponding rules of the Autonomous Communities.

(c) To the direct supply of fresh mushrooms, by the producer or collector, to the final consumer or to local retail establishments supplying the final consumer.

3. It will not apply to:

a) Primary production for private domestic use.

b) To the preparation, handling, or domestic storage of products regulated by this standard for private domestic consumption.

Article 2. Definitions.

For the purposes of this royal decree:

a) Settes: fruitful bodies belonging to certain species of higher fungi, both cultivated and wild, destined to be supplied to the consumer as food.

b) Fresh setts: mushrooms that are presented to the consumer without any kind of conservation treatment except for refrigeration.

(c) preserved settes: mushrooms subjected to authorised treatments, such as heat, freezing, dehydration or pickle, to ensure their preservation.

d) Primary production: the collection of wild mushrooms and the production and harvesting of cultivated mushrooms, including all processes, which do not alter their nature in a substantial way, such as the removal of the remains of the mycelium, coarse cleaning and placement in boxes, until the first transfer. The related operations listed in Annex I to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs are included.

e) Primary products: wild and cultured mushrooms from primary production.

f) Marketing: the holding of mushrooms for the purpose of selling them; the offer of sale or any other form of transfer, whether for consideration or free of charge, as well as its sale, distribution or other form of transfer.

g) Food hygiene, hereinafter referred to as 'hygiene': measures and conditions, including the correct identification of mushrooms placed on the market, necessary to control hazards and to ensure fitness for consumption a food product taking into account the intended use for such a product.

h) Pollution: the introduction or presence of a hazard, including the intrinsic toxicity of some species of mushrooms.

i) Raw material: mushrooms and any other food products used, individually or as an ingredient, for obtaining the products covered by this royal decree.

(j) Competent authority: the competent bodies in the autonomous communities which have the responsibility for the health control of the activities referred to in this royal decree, in the field of national exchanges and the Community, and the Ministry of Health and Consumer Affairs, as regards trade with third countries.

In addition, they shall apply to the effects provided for in this royal decree, to the extent necessary, the rest of the definitions contained in the applicable regulations applicable and, in particular, those established in the Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down the conditions for the establishment of the European Food Safety Authority procedures relating to food safety, and in Regulation (EC) No 852/2004.

Article 3. Requirements for marketed mushrooms.

1. Food business operators may only market mushrooms that meet the following requirements:

a) Generals:

1. º Be correctly identified.

2. Find in perfect conservation conditions, devoid of abnormal external moisture and no foreign smell or taste.

3. Be exempt from injury or trauma of physical or mechanical origin affecting your presentation or appearance.

4. Be free of rottenness, damage caused by frost or alterations such that they make them unfit for consumption.

5. Be free of arthropods, worms or molluscs and parts or excrement of any of them.

6. º Be free of any foreign material attached to its surface, other than the land of cover that has not been able to be removed by a coarse cleaning.

7. Be exempt from pathogenic microbial agents.

8. º Haber was collected, if any, by a net cut.

9. Hälse without residues of pesticides, chemical contaminants, or radioactivity, above the legally established limits.

(b) In the case of the placing on the market of fresh wild mushrooms, the following specific requirements shall be complied with, in addition to the provisions of paragraph (a) of this Article:

1. Only the wild species listed in Part A of the Annex may be placed on the market and, in the case where the destination is not the final consumer, the species listed in Part C of the Annex.

2. Whole must be present, except for the remains of mycelium, with its anatomic characteristics developed and clearly visible, not allowing the washing.

3. No species mixtures may be submitted to the consumer.

(c) In the case of marketing of fresh farmed mushrooms, the specific requirement that only fresh species may be marketed shall be complied with in addition to the requirements of paragraph (a) of this Article. cultivated as listed in Part B of the Annex. In addition, all species in Part A of the Annex whose origin is the crop are considered to be included in that list.

d) In the case of the marketing of preserved mushrooms, the following specific requirements shall be complied with, in addition to the provisions of paragraph (a) of this Article:

1. In addition to the species listed in Parts A and B of the Annex, the species listed in Part C of the Annex may be placed on the market for the final consumer, preserved after having undergone appropriate treatment to eliminate their hazard. in cool.

2. º shall be prepared from mushrooms which satisfy the general requirements laid down in subparagraph (a) and, if they are fresh, in addition to the requirements laid down in paragraphs (b) or (c). The other raw materials used in their preparation shall comply with the specific rules for each of them.

3. The preparation, preparation, storage and marketing of approved or registered establishments in accordance with the implementing rules shall be handled, prepared, prepared, prepared.

2. Mushroom species not listed in Parts A, B or C of the Annex shall be considered as suspected of being poisonous or toxic.

3. The sale and placing on the market for human consumption of all mushroom species recognised as poisonous or toxic, as well as those suspected of being such, and in particular those listed in Part D of the Annex, are prohibited.

Article 4. Tagged.

1. The labelling of the products covered by this royal decree will be in accordance with the provisions of Royal Decree 1334/1999 of 31 July, which approves the general rule of labelling, presentation and advertising of foodstuffs.

2. The name of the product shall, in all cases, indicate the genus and species and whether they are wild or cultivated. In addition, the common name may be used in characters of equal or smaller size.

3. Mention of the genus and species in fresh and preserved mushrooms which are placed on the market must be listed as ingredients.

Article 5. Obligations of the food business operators.

1. As a general rule, food business operators shall ensure that at all stages of production, processing and distribution of food under their control the relevant hygiene requirements referred to in paragraph 1 are met. this royal decree and the other implementing rules, in particular Regulations (EC) No 178/2001, 852/2004 and, where applicable, Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin.

2. On a specific basis, food business operators shall fulfil the following obligations:

a) They will ensure the correct identification of the mushrooms. Such identification shall be carried out by the supplier or supplier, as well as by the company itself.

(b) Food business operators carrying out their activities in any of the stages of production, processing and distribution of mushrooms, after primary production, shall establish a training programme. continued staff, in order to meet the conditions of hygienic production adapted to the production structure and to the activities carried out in the establishment, and will be accredited in accordance with the provisions of the Royal Decree Regulation (EEC) No 202/2000 of 11 February 2000 laying down rules for the handling of food. Such a programme shall contain mycological training, aimed at preventing the placing on the market of unauthorised species, when the work to be carried out so requires.

(c) The food business operators shall, in addition to other records which are required to them, establish a system of batch control by species in which they shall relate at least:

1. º Quantities and dates of acquisition.

2. Origin of mushrooms with identification of the supplier or suppliers.

3. Gender identification and species with indication of the name of the person responsible for the identification of mushrooms.

4. º Where appropriate, conservation procedure used or treatment performed for the species listed in Part C of the Annex.

5. The date of distribution, quantities, and destinations.

Article 6. Direct supplies of mushrooms by the producer or collector.

Any direct supply by the producer or collector, including that of small quantities of mushrooms, shall be subject to compliance with the provisions of Regulation (EC) No 852/2004 and in this royal decree.

In addition, any direct supply by the producer or collector, the final consumer or local retail establishments supplying the final consumer must also comply with the following: conditions:

a) In case of direct supply of mushrooms to the final consumer:

1. Only the direct supply of mushrooms may be made to the final consumer, by the producer or collector, in the cases and conditions established by the competent authority in the field of Royal Decree 1010/1985, 5 of June, or through the development regulations that can be established by the Autonomous Communities.

2. Where this type of supply is authorised, the competent authority shall draw up a list of mushrooms which may be the subject of such a list, in which only species listed in Parts A and B of the Annex may be included.

For the preparation of the list of species authorised for direct supply by the producer or collector to the consumer, the competent authorities shall take into account the knowledge and the generalisation of the consumption of certain species in each region, as well as the risks of confusion with toxic species.

b) In the case of direct supply of mushrooms to local retail establishments supplying the final consumer:

1. The operators of local retail establishments supplying the final consumer will make their use of mushrooms through authorized marketing channels.

2. The Autonomous Communities may authorise the direct supply of mushrooms, by the producer or collector, to local retail establishments supplying the final consumer, and must draw up a list of the terms referred to in paragraph (a) .2. of this Article, and may include species listed in Part C of the Annex if they are to be subjected to appropriate treatment prior to delivery to the final consumer.

3. When this type of supply is authorized, the operators of local retail trade establishments, in addition to complying with the provisions of this royal decree, must ensure in particular that the They comply with the requirements set out in Article 3 and may not, under any circumstances, supply such products to other establishments.

4. In addition, operators of local retail establishments which, in the cases and conditions established by the competent authority, receive direct supplies from the producer or collector shall be required to at any time demonstrate by means of documents and records the data referred to in Article 5 (2) (c).

Article 7. Infringements and penalties.

1. Without prejudice to other provisions which may be applicable, failure to comply with the provisions of this royal decree may be the subject of an administrative penalty, subject to the instruction of the appropriate administrative file, in accordance with Article 1 (2) of Regulation (EU) No as provided for in Chapter VI of Title I of Law 14/1986 of 25 April, General Health.

2. In particular, the placing on the market of the final consumer of species not listed in Parts A and B of the Annex or of the species listed in Part C of the Annex without appropriate treatment shall be considered to be a serious infringement, in accordance with the Article 35 (B) (1) of Law 14/1986, General of Health.

3. In addition, the placing on the market of the final consumer of species listed in Part D of the Annex shall be regarded as a very serious infringement, in accordance with Article 35 (C) (1) of Law 14/1986, General Health.

Single transient arrangement. Deadlines for adaptation.

Mushrooms found on the market at the entry into force of this royal decree, except for wild mushrooms that are marketed fresh, and which conform to the provisions of the regulations at that time, may continue to be placed on the market within one year.

In addition, in the case of preserved mushrooms of the species Agaricus bisporus that are on the market labelled in accordance with the regulations in force at the time of the entry into force of this real decree, may continue to be placed on the market for a period of two years.

Single repeal provision. Regulatory repeal.

As from the entry into force of this royal decree, all provisions of the same or lower rank shall be repealed as opposed to the provisions of this Royal Decree, and in particular Section 2 of Chapter XXI of the Food Code. Spanish, approved by Decree 2484/1967, of 21 September, and Order SCO/330 3/2006, of 23 October, for which the marketing of the seta Tricholoma equestre is prohibited.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.16. of the Spanish Constitution, which attributes to the State exclusive competence in the field of bases and general coordination of health, and by virtue of the established in Article 40.2 of Law 14/1986 of 25 April, General of Health.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 16 January 2009.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

SPECIES LISTS

Wild species that may be targeted for fresh marketing

Agaricus campestris.

Agaricus sylvaticus.

Agrocybe aegerita (cyacinacea).

The caesarea Amanita, with the volva open.

Weighted Amanita.

Boletus aereus.

Boletus edulis.

Boletus pinophilus (pinicola).

Boletus reticulatus.

Calocybe gambosa.

Cantrelellus cibarius.

Cantharelus cinereus.

Cantharellus lutescens.

Cantharellus tubaeformis.

Cantharelus subpruinode.

Clitocybe geotropa.

Craterellus cornucopioids.

Liver Fistulin.

Higrocybe pratensis.

Hydnum albidum.

Hydnum repandum.

Hydnum rufescens.

Hygrophorus agathosmus.

Hygrophorus gliocyclus.

Hygrophorus latitabundus (limacinus).

Hygrophorus marzuolus.

Hygrophorus penarius.

Hygrophorus russula.

Lactarius deliciosu.

Lactarius quieticolor.

Lactarius salmonicolor.

Lactarius sanguifluus.

Lactarius semisanguifluus.

Lehint panaeolus (luscina).

Nuda Lehint.

Letrack personata.

Macrolepiota procera.

Marasmius oreades.

Pleurotus eryngii.

Pleurotus ostreatus.

Rhizopogon luteolus (obtextus).

Rhizopogon roseolus.

Russula cyanoxantha.

Russula virescens.

Suillus luteus.

herring Terfezia.

Terfezia claveryi.

Terfezia leptoderma.

tricholoma portentum.

Tricholoma terreum.

Tuber aestivum.

Borchier Tube.

Tuber brumale.

Tuber indicum.

Tuber magnatum.

Tube melanosporum (nigrum).

Ustilago maydis.

Xercomus badius (Boletus badius).

Cultivated species that may be targeted for fresh marketing

Agaricus arvensis.

Agaricus bisporus.

Agaricus bitorquis.

Agaricus blazei.

Agaricus brunnescens.

Agrocybe aegerita (cyacinacea).

Auricularia auricula-Judaé.

Auricularia polytricha.

Coprinus comatus.

Flammulina velutipes.

Leafy grifola.

Hericium erinaceus.

Lentinula edodes.

Nuda Lehint.

Letrack personata.

Hypsizygus marmoreus.

Hypsizygus tessulatus.

Pholiota nameko.

Pleurotus cystidiosus.

Pleurotus cornucopiae (citrinypileatus).

Pleurotus djamor.

Pleurotus eryngii.

Pleurotus fabellatus.

Pleurotus nebrodensis.

Pleurotus ostreatus.

Pleurotus pulmonarius.

Pleurotus sajor-Caju.

Pleurotus tuber-regium.

Sparassis crisspa.

Stropharia rugosoannulata.

Tremella fuciformis.

Mesenteric Tremella.

tricholoma caligatum (Matsutake).

Volvariella volvacea.

Species that can only be marketed after a treatment

Helvella sp.

Morchella sp.

Species referred to in Article 3.3, which cannot be marketed in any presentation

Agaricus iodosmus (pilatianus).

Agaricus moelleri (praeclaresquamosus).

Agaricus placomyces.

Agaricus xanthermus.

Amanita gemmata (junquillea).

Amanita muscaria.

Amanita pantherine.

Amanita phalloids.

Amanita porrinensis.

Next Amanita.

Amanita verna.

Virosa Amanita.

Boletus lupinus.

Boletus pulchrotinctus.

Boletus rhodoxanthus.

Boletus satan.

Choiromyces meandriformis.

Clitocybe acroromalga.

Clitocybe alnetorum.

Clitocybe amoenolens.

Clitocybe candans.

Clitocybe cerussata.

Clitocybe pegs.

Clitocybe dealbata.

Clitocybe diatreta.

Clitocybe ericetorum.

Festive Clitocybe.

Clitocybe funny.

Clitocybe nebularis.

Clitocybe phyllophila.

Clitocybe rivulosa.

Conocybe sp.

Coprinus atrazamarius.

Coprinus romagnesianus.

Cortinarius sp.

Entoloma lividum (sinuatum).

Entoloma nidorosum.

Entoloma niphoids.

Entoloma Rhodopolium.

Entoloma Vernum.

Galerina sp.

Gymnopilus sp.

Gyrometra sp.

Crustuliniform Hebeloma.

Hebeloma sinapizans.

Hypholoma fasciculare.

Hypholoma submaterial.

Hygrocybe conica (nigrescens).

Innoybe sp.

Lactarius chrysorrheus.

Lactarius helvus.

Lactarius necator.

Lactarius torminosus.

Lepiota sp.

Macrolepiota rachodes var. bohemian.

Macrolepiota venomata.

Mycena pure.

Mycena rosea.

Omphalus illudens.

omphalus olearius.

Panaeolus sp.

Payllus filamentosu.

Päxylus involutus.

Squartile Pholiota.

Pholiotin sp.

Pleurocybella porrigens.

Pluteus nigroviridis.

Pluteus salicus.

Psilocybe sp.

Formosa Ramaria.

Ramaria pallida.

Emetic Russula.

Scleroderma sp.

Stropia aeruginosa.

StrTropia coronilla.

Strope cyanea.

Stropharia semiglobata.

Stropwould stercoraria.

auratum tricholoma.

Equestrian tricholoma.

filamentosum tricholoma.

Tricholoma flavovirens.

Tricholoma josserandii.

pardinum tricholoma.

Tricholoma sulfureum.

Tricholoma scioides.

tricholoma sejuntum.

tricholoma virgatum.