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Commission Implementing Regulation (EU) 2019/2093 of 29 November 2019 amending Regulation (EC) No 333/2007 as regards the analysis of 3-monochloropropane-1,2-diol (3-MCPD) fatty acid esters, glycidyl fatty acid esters, perchlorate and acrylamide (Text with EEA relevance)

CELEX
Implementing Regulation (EU) 2019/2093
Date of document
Articles
3
Source
EUR-Lex
Article 1

Regulation (EC) No 333/2007 is amended as follows:

(1)

in Article 1, paragraph 1 is replaced by the following:

‘1.   Sampling and analysis for the control of the levels of lead, cadmium, mercury, inorganic tin, inorganic arsenic, 3-monochloropropane-1,2-diol (3-MCPD), 3-MCPD fatty acid esters, glycidyl fatty acid esters, polycyclic aromatic hydrocarbons (PAH) and perchlorate listed in Sections 3, 4, 6 and 9 of the Annex to Regulation (EC) No 1881/2006 and for the control of the levels of acrylamide in accordance with Commission Regulation (EU) 2017/2158  ( *1 ) shall be carried out in accordance with the Annex to this Regulation.

( *1 )   Commission Regulation (EU) 2017/2158 of 20 November 2017 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food ( OJ L 304, 21.11.2017, p. 24 ).’;"

(2)

the Annex is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

It shall apply from 14 December 2019.

Schedules & Appendices

ANNEX

ANNEX

The Annex to Regulation (EC) No 333/2007 is amended as follows:

(1)

in point C.3.1, Definitions, the definitions of ‘LOD’ and ‘LOQ’ are replaced by the following:

‘“LOD” = Limit of detection, smallest measured content, from which it is possible to deduce the presence of the analyte with reasonable statistical certainty.

“LOQ” = Limit of quantification, lowest content of the analyte which can be measured with reasonable statistical certainty.’;

(2)

in point C.3.3.1, Performance criteria, point (b) is replaced by the following:

‘(b)

Performance criteria for methods of analysis for 3-monochloropropane-1,2-diol (3-MCPD), 3-MCPD fatty acid esters and glycidyl fatty acid esters:

Performance criteria for methods of analysis for 3-MCPD in foods specified in point 4.1 of the Annex to Regulation (EC) No 1881/2006

Table 6a

Parameter

Criterion

Applicability

Foods specified in point 4.1 of the Annex to Regulation (EC) No 1881/2006

Specificity

Free from matrix or spectral interferences

Field blanks

Less than LOD

Repeatability (RSD r )

0,66 times RSD R as derived from (modified) Horwitz equation

Reproducibility (RSD R )

as derived from (modified) Horwitz equation

Recovery

75-110 %

Limit of Detection (LOD)

≤ 5 μg/kg (on dry matter basis)

Limit of Quantification (LOQ)

≤ 10 μg/kg (on dry matter basis)

Performance criteria for methods of analysis for 3-MCPD in foods specified in point 4.3 of the Annex to Regulation (EC) No 1881/2006

Table 6b

Parameter

Criterion

Applicability

Foods specified in point 4.3 of the Annex to Regulation (EC) No 1881/2006

Specificity

Free from matrix or spectral interferences

Field blanks

Less than LOD

Repeatability (RSD r )

0,66 times RSD R as derived from (modified) Horwitz equation

Reproducibility (RSD R )

as derived from (modified) Horwitz equation

Recovery

75-110 %

Limit of Detection (LOD)

≤ 7 μg/kg

Limit of Quantification (LOQ)

≤ 14 μg/kg

Performance criteria for methods of analysis for 3-MCPD fatty acid esters, expressed as 3-MCPD , in foods specified in point 4.3 of the Annex to Regulation (EC) No 1881/2006

Table 6c

Parameter

Criterion

Applicability

Foods specified in point 4.3 of the Annex to Regulation (EC) No 1881/2006

Specificity

Free from matrix or spectral interferences

Repeatability (RSD r )

0,66 times RSD R as derived from (modified) Horwitz equation

Reproducibility (RSD R )

as derived from (modified) Horwitz equation

Recovery

70-125 %

Limit of Detection (LOD)

Three tenths of LOQ

Limit of Quantification (LOQ)

for foods specified in 4.3.1 and 4.3.2

≤ 100 μg/kg in oils and fats

Limit of Quantification (LOQ)

for foods specified in 4.3.3 and in 4.3.4 with a fat content < 40 %

≤ two fifths of the ML

Limit of Quantification (LOQ)

for foods specified in 4.3.4 with a fat content ≥ 40 %

≤ 15 μg/kg fat

Performance criteria for methods of analysis for glycidyl fatty acid esters, expressed as glycidol, in foods specified in point 4.2 of the Annex to Regulation (EC) No 1881/2006

Table 6d

Parameter

Criterion

Applicability

Foods specified in point 4.2 of the Annex to Regulation (EC) No 1881/2006

Specificity

Free from matrix or spectral interferences

Repeatability (RSD r )

0,66 times RSD R as derived from (modified) Horwitz equation

Reproducibility (RSD R )

as derived from (modified) Horwitz equation

Recovery

70-125 %

Limit of Detection (LOD)

Three tenths of LOQ

Limit of Quantification (LOQ)

for foods specified in 4.2.1 and 4.2.2

≤ 100 μg/kg in oils and fats

Limit of Quantification (LOQ)

for foods specified in 4.2.3 with a fat content < 65 % and in 4.2.4 with a fat content < 8 %

≤ two fifths of the ML

Limit of Quantification (LOQ)

for foods specified in 4.2.3 with a fat content ≥ 65 % and in 4.2.4 with a fat content ≥ 8 %

≤ 31 μg/kg fat’

(3)

in point C.3.3.1, Performance criteria, point (d), ‘Notes to the performance criteria’ is replaced by the following:

‘(d)

Performance criteria for methods of analysis for acrylamide:

Table 8

Parameter

Criterion

Applicability

All foods

Specificity

Free from matrix or spectral interferences

Field blanks

Less than Limit of Detection (LOD)

Repeatability (RSD r )

0,66 times RSD R as derived from (modified) Horwitz equation

Reproducibility (RSD R )

as derived from (modified) Horwitz equation

Recovery

75-110 %

Limit of Detection (LOD)

Three tenths of LOQ

Limit of Quantification (LOQ)

For foods with benchmark levels < 125 µg/kg: ≤ two fifths of the benchmark level, however not required to be lower than 20 µg/kg

For foods with benchmark level ≥ 125 µg/kg: ≤ 50 µg/kg’

(4)

in point C.3.3.1, Performance criteria, the following points (e) and (f) are added:

‘(e)

Performance criteria for methods of analysis for perchlorate:

Table 9

Parameter

Criterion

Applicability

All foods

Specificity

Free from matrix or spectral interferences

Repeatability (RSD r )

0,66 times RSD R as derived from (modified) Horwitz equation

Reproducibility (RSD R )

as derived from (modified) Horwitz equation

Recovery

70-110 %

Limit of Detection (LOD)

Three tenths of LOQ

Limit of Quantification (LOQ)

≤ two fifths of the ML

(f)

Notes to the performance criteria:

The Horwitz equation  ( *1 ) (for concentrations 1,2 x 10 -7 ≤ C ≤ 0,138) and the modified Horwitz equation  ( *2 ) (for concentrations C < 1,2 × 10 -7 ) are generalised precision equations which are independent of analyte and matrix but solely dependent on concentration for most routine methods of analysis.

Modified Horwitz equation for concentrations C < 1,2 × 10 -7 :

RSD R = 22 %

where:

RSD R is the relative standard deviation calculated from results generated under reproducibility conditions

C is the concentration ratio (i.e. 1 = 100g/100g, 0,001 = 1 000 mg/kg). The modified Horwitz equation applies to concentrations C < 1,2 × 10 -7 .

Horwitz equation for concentrations 1,2 x 10 -7 ≤ C ≤ 0,138:

RSD R = 2C (-0,15)

where:

RSD R is the relative standard deviation calculated from results generated under reproducibility conditions

C is the concentration ratio (i.e. 1 = 100g/100g, 0,001 = 1 000 mg/kg). The Horwitz equation applies to concentrations 1,2 x 10 -7 ≤ C ≤ 0,138.

( *1 )   W. Horwitz, L.R. Kamps, K.W. Boyer, J.Assoc.Off.Analy.Chem.,63, 1980, 1344-1354."

( *2 )   M. Thompson, Analyst, 125, 2000, 385-386.’

"

(5)

in point C.3.3.2., ‘Fitness-for-purpose’ approach, the words ‘Table 8’ are replaced by the words ‘Table 10’.

( *1 )   W. Horwitz, L.R. Kamps, K.W. Boyer, J.Assoc.Off.Analy.Chem.,63, 1980, 1344-1354.

( *2 )   M. Thompson, Analyst, 125, 2000, 385-386.’

3 articles

Cite this act

Commission Implementing Regulation (EU) 2019/2093 of 29 November 2019 amending Regulation (EC) No 333/2007 as regards the analysis of 3-monochloropropane-1,2-diol (3-MCPD) fatty acid esters, glycidyl fatty acid esters, perchlorate and acrylamide (Text with EEA relevance) (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32019R2093

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