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Royal Decree 1338 / 2011, October 3Rd, Is Establishing Different Unique Measures For The Application Of The Community Provisions On Hygiene In The Production And Marketing Of Food Products.

Original Language Title: Real Decreto 1338/2011, de 3 de octubre, por el que se establecen distintas medidas singulares de aplicación de las disposiciones comunitarias en materia de higiene de la producción y comercialización de los productos alimenticios.

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TEXT

In 2004, the Council and the European Parliament adopted a package of measures for the production and marketing in accordance with the hygiene rules of all foodstuffs, following the bases laid down in the White Paper on Food Safety, January 2000. Since then, the European Commission has developed, through the comitology procedure, implementing measures on specific aspects of the regulations and transitional provisions necessary to facilitate the adaptation of operators. (a) economic conditions.

Since its entry into force, the adaptation of the design and the equipment, as well as the hygiene practices of the establishments, has been sought in accordance with Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, 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, and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 on the lay down specific rules for the organisation of official controls on products of animal origin intended for human consumption. For this process, the Community provisions themselves provide for certain aspects to be regulated at national level. It is mostly certain common practices in the production and marketing of foods that do not need to be adapted to the general standard, provided that the food safety objectives of the regulations are guaranteed.

Therefore, to the extent that these Regulations allow it to be established in Spain, the normative bases for maintaining certain practices in the slaughterhouses considered as singular in the Community framework. This royal decree determines the conditions under which the channels of certain wild game lambs, goats, piglets, birds and lagomorphs, partially eviscerated, can be placed on the market.

In the light of this Community legislative framework on food hygiene in Spain, Royal Decree 640/2006 of 26 May on certain conditions for the application of Community provisions in the hygiene, production and marketing of foodstuffs, repealed the national provisions which came from the transposition of the previous Community legislative acts and confirmed certain provisions of the National anti-Community law.

These questions of national regulation concern, inter alia, the conditions under which foodstuffs may be placed on the market, between retail establishments and the conditions under which it may be marketed. market the raw milk that does not conform to the community requirements for somatic cells and germ content at 30 ° C.

It is therefore necessary to amend Royal Decree 640/2006, first of all to adapt the margins of distribution of foodstuffs, to retail establishments, including products of origin animal, as developed in accordance with Article 1.5.b) (ii) of Regulation (EC) No 853/2004, in accordance with the nature and size of undertakings and, secondly, to allow other systems for the processing of equivalent raw milk into security guarantees for processing into cheese with a maturation period of more than 60 days.

This royal decree 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 European Parliament. Parliament and the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98 /48/EC of 20 July 1998 and in the Royal Decree 1337/1999, of 31 July, which regulates the referral of information in the field of standards and technical regulations and regulations relating to the services of the information society, which incorporates 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.

In its virtue, on the proposal of the Minister of Health, Social Policy and Equality and the Minister of the Environment, and the 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 of September 30, 2011,

DISPONGO:

Single item. Exceptions to total evisceration.

1. In accordance with point 16 (d) of Chapter IV of Section I of Annex III to 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, for certain domestic ungulates, in point 7 (c) of Chapter IV of Section II of the same Annex for certain poultry and in point 5 of Chapter III of Section IV of the same Annex for certain wild game animals are allowed to contain the viscera, other than the stomach and the bowel, which are kept in anatomical connection with the body. The ratio of the excepted animals is set out in the Annex to this Standard.

2. In the case of domestic ungulates, such viscera shall always be the subject of post-mortem inspection and in the case of poultry, the economic operator shall ensure the sanitary homogeneity of the slaughtered lots and the post inspection. Mortem carried out by the official veterinarian shall meet the following requirements:

(a) The percentage of animals from which it is necessary to examine the viscera and cavities of the body based on information from the food chain, ante-mortem inspection and any other should be determined on each occasion. relevant consideration.

(b) If the presence of alterations in the viscera of several channels is observed in the sampling inspections, complete inspection of all the channels in the lot shall be carried out.

Final Disposition first. Amendment of Royal Decree 640/2006 of 26 May on certain conditions for the application of the Community provisions on hygiene and production and the placing on the market of foodstuffs.

Royal Decree 640/2006 of 26 May on certain conditions for the application of the Community provisions relating to hygiene, production and marketing of foodstuffs is hereby amended. modified as follows:

One. Article 3 (2) is worded as follows:

" 2. Without prejudice to the provisions of Royal Decree 1376/2003 of 7 November 2003 laying down the health conditions for the production, storage and marketing of fresh meat and meat derived from such meat, retail trade, or other provisions laying down specific specific requirements, retail trade establishments which sell or supply exclusively to the final consumer or mass caterers, may supply their products to other establishments of these same characteristics, provided that:

(a) the supplying establishment has adequate and proportionate facilities and equipment for the hygienic procurement of its production volume;

(b) do not supply establishments subject to registration in the General Health Register of Food;

(c) its distribution is carried out within the area of the municipality where the establishment is located or in the local health unit, health zone or territory of equal characteristics and purpose defining the authority competent authority;

d) is a marginal activity in both economic and production terms. "

Two. Article 5 (2) is worded as follows:

" When the checks provided for in Chapter II of Annex IV to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption on the farm of origin show that the raw milk exceeds the parameters set out in Section IX of Annex III to Regulation (EC) No 853/2004, in that refers to germ colonies and somatic cell content, the competent authority shall send a notification to the producer that he has a period of three months to correct the situation.

After the three months, those producers who continue to exceed these parameters must suspend the delivery of raw milk, or, according to an authorization from the competent authority, deliver this milk, informing the situation, to establishments that ensure the following treatment and use requirements:

(a) The production of cheeses with a maturation cycle of at least 60 days and dairy products obtained in the manufacture of these cheeses, provided that those responsible for the establishments producing these cheeses cheeses perform a warehouse control so that the length of time for each batch of products is known and recorded to ensure a minimum stay of 60 days; or

(b) the production of milk products or colostrum-based products from that milk or colostrum, after having undergone the heat treatment requirements laid down in Chapter II of Section IX of Annex III of Regulation (EC) No 853/2004.

Such a suspension or such requirements shall be maintained until the producer of the farm of origin demonstrates that the raw milk is again in conformity with those criteria. "

Final Disposition second. Competential title.

This royal decree is issued under the umbrella 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.

Third final disposition. Entry into effect.

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

Given in Madrid, on October 3, 2011.

JOHN CARLOS R.

The Minister of the Presidency,

RAMON JAUREGUI STUNNED

ANNEX

List of domestic ungulates, birds and lagomorphs excepted from total evisceration

1. Domestic ungulates:

Dairy lambs.

Dairy cabritos.

piglets.

2. Domestic poultry that conform to one of these four conditions:

Individual resolution of use of the optional labelling issued by the competent authority (CCAA) to each of the approved slaughterhouses in accordance with Articles 11 and 12 of Regulation (EC) No 543/2008 of 16 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards the placing on the market of poultrymeat.

Registration in the register of organic production operators of each approved slaughterhouse for the use of the seal or label with the caption 'Organic farming' or Code of the control body, in accordance with Regulation (EC) No Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the application of Council Regulation (EC) No 834/2007 on the production and labelling of organic products with regard to organic production labelling and its control.

Individual use resolution of the mark issued by the competent authority (CCAA) to each of the approved slaughterhouses for the use of the national quality mark logo in accordance with Regulation (EC) No 510/2006 of 20 December 2006. March 2006, on the protection of geographical indications and designations of origin for agricultural and food products, or autonomic.

Heavy or reproductive chicken.

3. Turkey, duck, painted, oca, pheasant, partridge, quail and pigeon.

4. Wild game: wild birds and lagomorphs.