Commission Delegated Regulation (EU) 2022/931 of 23 March 2022 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by laying down rules for the performance of official controls as regards contaminants in food (Text with EEA relevance)

Article 1

For the purposes of this Regulation, the definition of ‘contaminant’ in Article 1(1), second subparagraph of Council Regulation (EEC) No 315/93 applies.

Article 2

Member States shall control the presence of contaminants in food in accordance with Annex I. Member States shall adopt a sampling strategy in accordance with the criteria set out in Annex II.

Article 3

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 1 January 2023.

Rules for the selection of specific combination of contaminants or contaminant groups and commodity groups

ANNEX ISupplementary provisions

ANNEX I Rules for the selection of specific combination of contaminants or contaminant groups and commodity groups (1)    Member States shall control the following combinations of contaminants or contaminant groups in the following commodity groups: Commodity groups Halogenated persistent organic pollutants Metals Mycotoxins Other contaminants Unprocessed bovine, ovine and caprine meat (including edible offal) x x   x Unprocessed porcine meat (including edible offal) x x   x Unprocessed equine meat (including edible offal)   x   x Unprocessed poultry meat (including edible offal) x x   x Unprocessed meat from other farmed terrestrial animals  ( * ) (including edible offal)   x     Raw bovine, ovine and caprine milk x x x x Fresh hen eggs and other eggs x x   x Honey   x   x Unprocessed fishery products  ( ** ) (excluding crustaceans) x x   x Crustaceans and bivalve molluscs x x   x Animal and marine fats and oils x x   x Processed products of animal origin  ( *** ) x x   x (2)    Member States shall consider all combinations of contaminants or contaminant groups and commodity groups of food of non-animal origin for which maximum levels or other regulatory levels are set under Union legislation. (3)    Each Member State shall consider the following criteria for selecting specific combinations of contaminants or contaminant groups and commodity groups to be controlled: (a) frequency of the detection of non-compliance in the Member State’s samples, in other Member States’ samples or in third countries’ samples, especially when reported under the Rapid Alert System for Food and Feed or the Administrative Assistance and Cooperation System; (b) availability of suitable laboratory methods and analytical standards; (c) possible risk for consumers or certain population groups arising from consumption of contaminants present in food, taking into account the relevant information available from the European Food Safety Authority, or in absence of such information, other sources of information such as scientific publications or national risk assessments; (d) consumption data (dietary exposure patterns); (e) as regards food falling within the scope of the control plan for food of animal origin entering the Union as described in Article 5 of Regulation (EU) 2022/932, the following criteria shall also be considered, where available: (i) the outcome of Commission controls in third countries; (ii) any information casting doubt on the reliability of guarantees on the compliance of imported food with Union rules; (iii) information on increased vigilance. ( * )   Other farmed terrestrial animals as defined in entry 1017000 of Annex I, Part A, to Regulation (EC) No 396/2005. ( ** )   Fishery products as defined in 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 ( OJ L 139, 30.4.2004, p. 55 ). ( *** )   Processed products as defined in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs ( OJ L 139, 30.4.2004, p. 1 ).

Criteria for sampling strategy

ANNEX IISupplementary provisions

ANNEX II Criteria for sampling strategy (1)    For each food business operator to be controlled, the Member State shall consider the following criteria for the selection of the type of food to be controlled: (a) history of non-compliance; (b) shortcomings in the application of Hazard Analysis and Critical Control Point and related auto controls; (c) shortcomings in record keeping addressing requirements as defined in Section III, Part A, of Annex I to Regulation (EC) No 852/2004; (d) representative sampling regardless of the size of the food business operator; (e) emerging situations (changes in consumption patterns, natural disasters or economic problems that cause changes in food trade chains etc.). (2)    Each Member State shall consider the following criteria for the selection of slaughterhouses, cutting plants, establishments for the milk production, establishments for the production and placing on the market of fishery products and aquaculture products, establishments for honey and egg and egg packing centres: (a) the criteria listed under point (3) of Annex I and under point (1) of this Annex; (b) the respective establishments’ share of the Member State’s total production volume of the slaughterhouses, cutting plants, establishments for milk production, establishments for production and placing on the market of fishery products and aquaculture products, establishments for honey and egg and egg packing centres; (c) relevant origins of the slaughtered animals, milk, aquaculture products, honey and eggs. (3)    When taking the samples, efforts shall be made to avoid multiple sampling from one food business operator, unless the operator has been identified on the basis of the criteria included in point (1) or an appropriate justification has been provided in the control plan. The compliance with the planned frequency of checks shall be ensured. (4)    As regards food within the scope of the control plan for food placed on the Union market as set out in Article 4 of Regulation (EU) 2022/932, sampling shall be performed on food placed on the market and on food intended for placing on the market (primary stage, free-range, slaughterhouses, during food processing, storage or sale, etc.).