Commission Implementing Regulation (EU) 2024/885 of 20 March 2024 amending Implementing Regulation (EU) 2023/2782 laying down the methods of sampling and analysis for the control of the levels of mycotoxins in food as regards the method of sampling for dried herbs, herbal infusions (dried product), teas (dried product) and powdered spices

Article 1

Annex I to Implementing Regulation (EU) 2023/2782 is amended in accordance with the Annex to this Regulation.

Article 2

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

ANNEX

ANNEX
In Part II of Annex I to Regulation (EU) 2023/2782, part M is replaced by the following:
‘M.
METHOD OF SAMPLING FOR DRIED HERBS, HERBAL INFUSIONS (DRIED PRODUCT), TEAS (DRIED PRODUCT) AND POWDERED SPICES
M.1.
Weight of the incremental sample
The weight of the incremental sample shall be about 80 g, unless otherwise defined in this part M.
In the case of lots in retail/individual packages, the weight of the incremental sample depends on the weight of the retail/individual package.
In the case of retail/individual package of > 80 g, this will result in aggregate samples weighing more than the required weight indicated in tables 1 and 2. If the weight of a single retail/individual package is >> 80 g, then 80 g shall be taken from each individual retail/individual package as an incremental sample. This can be done either when the sample is taken or in the laboratory. However, in cases where such method of sampling would lead to unacceptable commercial consequences resulting from damage to the lot (because of packaging forms, means of transport, etc.), an alternative method of sampling can be applied. For example, in case where a valuable product is marketed in retail/individual packages of 500 g or 1 kg, the aggregate sample can be obtained by the aggregation of a number of incremental samples that is smaller than the number indicated in Tables 1 and 2, on the condition that the weight of the aggregate sample corresponds to the required weight of the aggregate sample mentioned in Tables 1 and 2.
Where the retail/individual packages are less than 80 g and if the difference is small (i.e. not less than half of 80 g), one retail/individual package shall be considered as one incremental sample, resulting in an aggregate sample of less than the required weight indicated in tables 1 and 2. If the weight of the retail/individual packages are much less than 80 g, one incremental sample shall consist of two or more retail/individual packages, whereby the 80 g are approximated as closely as possible.
M.2.
Division of lots into sublots for the sampling of dried herbs, herbal infusions (dried product), teas (dried product) and powdered spices
Table 1
Subdivision of lots into sublots depending on lot weight
Commodity
Lot weight (tonnes)
Weight of sublots
Number of incremental samples
Aggregate sample weight (kg)
dried herbs, herbal infusions (dried product) teas (dried product), powdered spices
≥ 15
25 tonnes
50
4
< 15
—
3 – 50  ( *1 )
0,2 – 4,0
M.3.
Method of sampling for dried herbs, herbal infusions (dried product), teas (dried product) and powdered spices (lots ≥ 15 tonnes)
On condition that the sublot can be separated physically, each lot shall be subdivided into sublots following Table 1. Taking into account that the weight of the lot is not always an exact multiple of the weight of the sublots, the weight of the sublot may exceed the mentioned weight by a maximum of 20 %.
Each sublot shall be sampled separately.
The number of incremental samples shall be 50. The weight of the aggregate sample shall be 4,0 kg.
If it is not possible to carry out the method of sampling described above because of the unacceptable commercial consequences resulting from damage to the lot (because of packaging forms, means of transport or other reasons) an alternative method of sampling may be applied provided that it is as representative as possible and is fully described and documented.
M.4.
Method of sampling for dried herbs, herbal infusions (dried product) and teas (dried product) and powdered spices (lots < 15 tonnes)
For lots of dried herbs, herbal infusions (dried product) and teas (dried product) and powdered spices of less than 15 tonnes the sampling plan shall consist in 3 to 50 incremental samples, depending on the lot weight, resulting in an aggregate sample of 0,2 to 4,0 kg.
The figures in the following Table 2 may be used to determine the number of incremental samples to be taken.
Table 2
Minimum number of incremental samples to be taken depending on the weight of the lot of dried herbs, herbal infusions (dried product), teas (dried product) and powdered spices
Lot weight (tonnes)
Minimum number of incremental samples
Minimum aggregate sample weight (kg)
≤ 0,1
3
0,2
> 0,1 – ≤ 0,5
10
0,8
> 0,5 – ≤ 5,0
25
2,0
> 5,0 – ≤ 10,0
35
2,8
> 10,0 – ≤ 15,0
50
4,0
M.5.
Sampling at retail stage
Sampling of foodstuffs at the retail stage shall be done where possible in accordance with the sampling provisions set out in this part M.
Where this is not possible, an alternative method of sampling at retail stage may be used provided that it ensures that the aggregate sample is sufficiently representative of the sampled lot and is fully described and documented. In any case, the aggregate sample shall weigh at least 0,2 kg.
M.6.
Sampling of food supplements containing dried herbs in bulk before their packaging in retail/individual packages for the final consumer
For the sampling of food supplements containing dried herbs in bulk before their packaging in retail/individual packages, the sampling provisions provided for in this part M apply and shall be applied based on the weight of the dried herb content of the food supplements in bulk.
M.7.
Acceptance of a lot or sublot
Acceptance: where the laboratory sample conforms to the maximum level, taking into account the correction for recovery and measurement uncertainty.
Rejection: where the laboratory sample exceeds the maximum level beyond reasonable doubt taking into account the correction for recovery and measurement uncertainty. This is the case when the analytical result (corrected for recovery if applicable) minus the expanded measurement uncertainty arising from the analysis is above the maximum level.’
( *1 )   Depending on the lot weight – see Table 2.

Schedules & Appendices

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