資料由法律人 LawPlayer整理提供·EU law / curated by LawPlayer from EUR-Lex
This Regulation lays down common rules for the implementation of marketing standards for poultrymeat laid down in Delegated Regulation (EU) 2026/343, in particular as regards:
(a)
the checks of conformity with the marketing standard for poultrymeat;
(b)
the cooperation and assistance between competent authorities with regard to certain conformity checks referred to in point (a);
(c)
the records to be kept by operators;
(d)
the methods of analysis.
The definitions provided for in Article 2 of Delegated Regulation (EU) 2026/343 shall apply to this Regulation.
1. Batches of poultrymeat shall be checked regularly, with appropriate frequencies determined on a risk basis, for conformity with Articles 2, 4 and 8 of Delegated Regulation (EU) 2026/343. Decisions arising from failure to comply in accordance with this Article may only be taken for the whole batch which has been checked.
For the purposes of this Regulation, a ‘batch’ is composed of a minimum of 100 units of poultrymeat of the same species and cut, the same class, the same production run, from the same slaughterhouse or cutting plant, situated in the same place, which is to be inspected.
2. A sample shall be drawn at random for each batch of each of the products referred to in Article 2 of Delegated Regulation (EU) 2026/343 to be inspected in slaughterhouses, cutting plants, wholesale and retail warehouses or at any other stage of marketing, including during transport or, in the case of imports from third countries, at the time of customs clearance. The size of the sample and the tolerable number of defective units per batch size shall be as follows:
Batch size
Sample size
Tolerable number of defective units
Total
For Article 2, points (1) ( 5 ) and (3), and Article 8(1) of Delegated Regulation (EU) 2026/343
1
2
3
4
100 to 500
30
5
2
501 to 3 200
50
7
3
> 3 200
80
10
4
3. The total tolerable number of defective units within a batch is laid down in column 3 of the table referred to in paragraph 2.
However, the number of defective units not complying with Article 2, points (1) and (3), or with Article 8(1) of Delegated Regulation (EU) 2026/343, shall not exceed the figures shown in column 4 of the table.
As regards products referred to in Article 2, point (3), of Delegated Regulation (EU) 2026/343, no defective unit shall be tolerable in a batch unless it be of a weight of at least 240 g in the case of duck livers and of at least 385 g in the case of goose livers.
4. For poultrymeat graded as class B, the tolerable number of defective units per batch shall be doubled.
5. Where the checked batch does not comply, the supervising agency shall prohibit its marketing or, if the batch comes from a third country, its import, unless and until it is proven that the batch has been rectified to comply with Articles 2 and 8 of Delegated Regulation (EU) 2026/343 by removing all defective units.
1. Food business operators marketing products that use the terms referred to in Article 10 of Delegated Regulation (EU) 2026/343 shall be subject to special registration.
2. Inspections regarding compliance with Articles 10 and 11 of Delegated Regulation (EU) 2026/343 shall be carried out with appropriate frequencies determined on a risk basis at:
(a)
the farm;
(b)
the feed manufacturer and supplier;
(c)
the slaughterhouse;
(d)
the hatchery.
3. Each Member State shall make available to the other Member States and to the Commission, by every appropriate means, including publication on the internet, the updated list of the approved food business operators registered in accordance with paragraph 1, showing their name and address and the number allotted to each of them.
1. The method of analysis for technically unavoidable water content value referred to in Article 14(1) of Delegated Regulation (EU) 2026/343 is laid down in Annex I to this Regulation (‘chemical method’).
2. The competent authorities designated by each Member State shall ensure that the slaughterhouses adopt all measures necessary to comply with Article 14 of Delegated Regulation (EU) 2026/343, in particular that:
(a)
samples for monitoring water absorption during chilling and water content of frozen and quick-frozen chicken carcasses are taken;
(b)
results of the checks are recorded and kept for a period of one year;
(c)
each batch is marked with its date of production; the date of production of each batch shall be part of the production record.
1. Regular checks in accordance with Annex III on the water absorbed shall be carried out in the slaughterhouses, with appropriate frequencies determined in procedures developed in accordance with the HACCP principles pursuant to Regulation (EC) No 852/2004 of the European Parliament and of the Council ( 6 ) .
Where these checks reveal that the amount of water absorbed is greater than the thresholds set out in Annex IX to Delegated Regulation (EU) 2026/343, the necessary technical adjustments shall be made immediately by the slaughterhouse to the process.
2. Competent authorities shall carry out checks on water content regularly, with appropriate frequencies determined on a risk basis and by sampling, on frozen and quick-frozen chicken carcasses from each slaughterhouse using the method of analysis referred to in Article 5(1). These checks shall not be conducted for carcases in respect of which proof is provided to the competent authority that they are intended exclusively for export.
3. If the result of the checks referred to in paragraph 2 exceed the values referred to in Article 14(2) of Delegated Regulation (EU) 2026/343, the slaughterhouse concerned may request that a counter-analysis of a batch be carried out in the reference laboratory of the Member State, using a method to be chosen by the competent authority of the Member State. The costs of this counter-analysis shall be borne by the holder of the batch.
4. Where the batch in question is deemed after such counter-analysis not to comply with this Regulation, it shall remain under the supervision of the competent authority until it is dealt with in accordance with paragraphs 5 and 6 or otherwise disposed of.
5. If it is certified to the competent authority that the batch referred to in paragraph 4 is to be exported, the competent authority shall take all necessary measures to prevent the batch in question from being marketed within the Union.
6. The competent authority may authorise the marketing within the Union of the batch in accordance with Article 14(4) of Delegated Regulation (EU) 2026/343.
7. Paragraphs 2, 3 and 4 shall apply mutatis mutandis to imported frozen and quick-frozen chicken carcasses at the time of customs clearance.
1. The Member State of destination may, where there are serious grounds for suspecting irregularities, carry out non-discriminatory random checks of frozen or quick-frozen chicken carcasses in order to verify that a batch meets the requirements of Article 14 of Delegated Regulation (EU) 2026/343.
2. The checks referred to in paragraph 1 shall be carried out at the place of destination of the goods or at another suitable place, provided that in the latter place is not at the border and interferes as little as possible with the routing of the goods and that the goods may proceed normally to their destination once the sample has been taken. However, the products concerned shall not be sold to the final consumer until the result of the checks prove the compliance with Article 14 of Delegated Regulation (EU) 2026/343.
Such checks shall be carried out as quickly as possible to avoid undue delays in placing the products on the market, or cause delays which impair the products’ quality.
Results of these checks and any subsequent decisions and the grounds for taking them shall be notified at the latest two working days after sampling to the consignor, the consignee or their representative. Decisions taken by the competent authority of the Member State of destination and the reasons for such decisions shall be notified to the competent authority of the Member State of dispatch.
If the consignor or his representative so requests, the decisions and reasons for them shall be forwarded to him in writing with details of the rights of appeal which are available to him under the law in force in the Member State of destination and of the procedure and time limits applicable.
3. If the result of the checks referred to in paragraph 1 exceeds the values referred to in Article 14(2) of Delegated Regulation (EU) 2026/343, the holder of the batch concerned may request that a counter-analysis be carried out in one of the reference laboratories of the Member States from among the list published by the Commission on the Europa website, using the same method of analysis as used for the initial test. The costs of this counter-analysis shall be borne by the holder of the batch. The tasks of reference laboratories are set out in Annex IV to this Regulation.
4. If, after a check carried out in accordance with paragraphs 1 and 2 and, if requested, after a counter-analysis, it is found that the frozen or quick-frozen chicken carcasses do not comply with Article 14(2) of Delegated Regulation (EU) 2026/343, the competent authority of the Member State of destination shall apply the procedures provided for in Article 6(4) of this Regulation.
5. In the cases provided for in paragraphs 3 and 4, the competent authority of the Member State of destination shall contact the competent authorities of the Member State of dispatch without delay. The latter authorities shall take all necessary measures and notify the competent authority of the Member State of destination of the nature of the checks carried out, the decisions taken and the reasons for such decisions.
Where the checks referred to in paragraphs 1 and 3 show repeated irregularities, or where such checks, in the view of the Member State of dispatch, are carried out without sufficient justification, the competent authorities of the Member States concerned shall inform the Commission.
The Commission, acting on its own initiative to ensure uniform application of the poultrymeat marketing standards or at the request of the competent authority of the Member State of destination, may:
(a)
request the cooperation of the competent national authorities of the Member State concerned to carry out on-the-spot inspections in the establishment concerned; or
(b)
request the competent authority of the Member State of dispatch to intensify the frequency of controls and increase the sampling of the products of the establishment concerned and if necessary, to apply sanctions.
The Commission shall inform the Member States of its findings. Member States in whose territory an inspection is carried out shall provide the Commission personnel all the assistance necessary for the performance of their tasks.
Pending the Commission’s findings, the Member State of dispatch shall, at the request of the Member State of destination, increase the frequency of checks on products coming from the establishment concerned.
Where these measures are taken to address repeated irregularities in an establishment, the costs incurred due to the application of the measures laid down in the third subparagraph, points (a) and (b), shall be borne by the establishment concerned.
1. The method of analysis referred to in Article 14(2) of Delegated Regulation (EU) 2026/343 is laid down in Annex II to this Regulation (‘chemical method’).
2. The competent authorities designated by each Member State shall ensure that the slaughterhouses and cutting plants, whether or not attached to slaughterhouses, adopt all measures necessary to comply with the provisions of Article 14 of Delegated Regulation (EU) 2026/343 and in particular that:
(a)
except for air chilling of turkey carcases, regular checks on water absorbed are carried out in the slaughterhouses in accordance with Article 6(1) also for chicken and turkey carcases intended for the production of the fresh, frozen and quick-frozen cuts listed in Article 14(2) of Delegated Regulation (EU) 2026/343;
(b)
results of the checks are recorded and kept for a period of one year;
(c)
each batch is marked with its date of production; the date of production of each batch shall be part of the production record.
3. Checks on the water content referred to in paragraph 1 shall be carried out, with appropriate frequencies determined on a risk basis and by sampling, on frozen and quick-frozen poultry cuts from each cutting plant producing such cuts, in accordance with Annex II. These checks may not be conducted for poultry cuts in respect of which proof is provided to the competent authority that they are intended exclusively for export.
4. Article 6(2) to (5) and Article 7 shall apply, mutatis mutandis , for poultry cuts referred to in Article 14(2) of Delegated Regulation (EU) 2026/343.
The notifications to the Commission referred to in this Regulation shall be made in accordance with Commission Delegated Regulation (EU) 2017/1183 ( 7 ) and Commission Implementing Regulation (EU) 2017/1185 ( 8 ) .
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
ANNEX I
DETERMINATION OF THE TOTAL WATER CONTENT OF CHICKENS REFERRED TO IN ARTICLE 5(1)
(Chemical test)
1. OBJECT AND SCOPE
The method to determine the total water content of frozen and quick-frozen chickens involves determination of the water and protein contents of samples from homogenised poultry carcases. The total water content as determined is compared with the limit value given by the formulae indicated in Annex VII to Delegated Regulation (EU) 2026/343, to determine whether or not excess water has been taken up during processing. If the analyst suspects the presence of any substance which may interfere with the assessment, it is for him or her to take the necessary appropriate precautions.
2. DEFINITIONS
‘Carcase’: the poultry carcase with bones, cartilage and any additional offal.
‘Offal’: liver, heart, gizzard and oviduct, yolks and eggs (with or without shell) obtained from spent hens at the slaughterhouse.
3. PRINCIPLE
Water and protein contents are determined in accordance with recognised ISO (International Organisation for Standardisation) methods or other methods of analysis approved by the Council of the European Union.
The maximum total water content of the carcase is determined from the protein content of the carcase, which can be related to the physiological water content.
4. APPARATUS AND REAGENTS
4.1.
Scales for weighing the carcase and wrappings, accurate to at least 1 g.
4.2.
Meat-axe or saw for cutting carcases into pieces of appropriate size for the mincer.
4.3.
Heavy-duty mincing machine and blender capable of homogenising complete frozen or quick-frozen poultry pieces.
NB:
No special mincer is recommended. It should have sufficient power to mince frozen or quick-frozen meat and bones to produce a homogeneous mixture corresponding to that obtained from a mincer fitted with a 4-mm hole disc.
4.4.
Apparatus as specified in ISO 1442, for the determination of water content.
4.5.
Apparatus as specified in ISO 937, for the determination of protein content.
5. METHOD
5.1.
Seven carcases are taken at random from the quantity of poultry to be checked and in each case kept frozen until analysis in accordance with points 5.2 to 5.6 begins.
The analysis shall be carried out either on each of the seven carcases separately or on a composite sample of the seven carcases.
5.2.
The preparation is commenced within the one hour following the removal of the carcases from the freezer.
5.3.
(a)
The outside of the pack is wiped to remove superficial ice and water. Each carcase is weighed and removed from any wrapping material. After cutting up of the carcase into smaller pieces, any wrapping material around the edible offal is removed. The total weight of the carcase, including the edible offal and ice adhering to the carcase, is determined to the nearest gram after deduction of the weight of any wrapping material removed, to give ‘P 1 ’.
(b)
In the case of a composite sample analysis, the total weight of the seven carcases, prepared in accordance with point 5.3(a), is determined to give ‘P 7 ’.
5.4.
(a)
The whole carcase of which the weight is P 1 is minced in a mincer as specified under point 4.3 (and, if necessary, mixed with the use of a blender as well) to obtain a homogeneous material from which a sample representative of each carcase shall then be taken.
(b)
In the case of a composite sample analysis, all seven carcases of which the weight is P 7 are minced in a mincer as specified under point 4.3 (and, if necessary, mixed with the use of a blender as well) to obtain a homogeneous material from which two samples representative of the seven carcases shall then be taken. The two samples are analysed as described in points 5.5 and 5.6.
5.5.
A sample of the homogenised material is taken and used immediately to determine the water content in accordance with ISO 1442 to give the water content ‘a %’.
5.6.
A sample of the homogenised material is also taken and used immediately to determine the nitrogen content in accordance with ISO 937. This nitrogen content is converted to crude protein content ‘b %’ by multiplying it by the factor 6,25.
6. CALCULATION OF RESULTS
6.1.
(a)
The weight of water (W) in each carcase is given by aP 1 /100 and the weight of protein (RP) by bP 1 /100, both of which are expressed in grams. The sums of the weights of water (W 7 ) and the weights of protein (RP 7 ) in the seven carcases analysed are determined.
(b)
In the case of a composite sample analysis, the average content of water and protein from the two samples analysed is determined to give a % and b %, respectively. The weight of the water (W 7 ) in the seven carcases is given by aP 7 /100, and the weight of protein (RP 7 ) by bP 7 /100, both of which are expressed in grams.
6.2.
The average weight of water (W A ) and protein (RP A ) is calculated by dividing W 7 and RP 7 , respectively, by seven.
6.3.
The theoretical physiological water content in grams as determined by this method may be calculated by the following formula:
chickens: 3,53 × RP A + 23.
ANNEX II
DETERMINATION OF THE TOTAL WATER CONTENT OF POULTRYMEAT CUTS REFERRED TO IN ARTICLE 8(1)
(Chemical test)
1. OBJECT AND SCOPE
The method to determine the total water content of certain poultry cuts involves determination of the water and protein contents of samples from the homogenised poultry cuts. The total water content as determined is compared with the limit value given by the formulae indicated in Annex VIII to Delegated Regulation (EU) 2026/343, to determine whether or not excess water has been taken up during processing. If the analyst suspects the presence of any substance which may interfere with the assessment, it is for him or her to take the necessary appropriate precautions.
2. DEFINITIONS AND SAMPLING PROCEDURES
The definitions provided for in Article 2, point (2), of Delegated Regulation (EU) 2026/343 are applicable to the poultry cuts referred to in Article 14(2) of that Delegated Regulation. Sample sizes for different types of poultry meat correspond to the following shares:
(a)
chicken breast: half of the breast;
(b)
chicken breast fillet: half of the boned breast without skin;
(c)
turkey breast, turkey breast fillet and boned leg meat: portions of about 100 g;
(d)
other cuts: whole cut as defined in Article 2, point (2), of Delegated Regulation (EU) 2026/343.
In the case of frozen or quick-frozen bulk products (cuts not individually packed) the large packs from which samples are to be taken shall be kept at 0 °C until individual cuts can be removed.
3. PRINCIPLE
Water and protein contents are determined in accordance with recognised ISO (International Organisation for Standardisation) methods or other methods of analysis approved by the Council of the European Union.
The highest permissible total water content of the poultry cuts is determined from the protein content of the cuts, which can be related to the physiological water content.
4. APPARATUS AND REAGENTS
4.1.
Scales for weighing the cuts and wrappings, accurate to at least 1 g.
4.2.
Meat-axe or saw for cutting cuts into pieces of appropriate size for the mincer.
4.3.
Heavy-duty mincing machine and blender capable of homogenising poultry cuts or parts thereof.
NB:
No special mincer is recommended. It should have sufficient power to mince frozen or quick-frozen meat and bones to produce a homogeneous mixture corresponding to that obtained from a mincer fitted with a 4-mm hole disc.
4.4.
Apparatus as specified in ISO 1442, for the determination of water content.
4.5.
Apparatus as specified in ISO 937, for the determination of protein content.
5. METHOD
5.1.
Five cuts are taken at random from the quantity of poultry cuts to be checked and kept frozen or refrigerated as the case may be until analysis in accordance with points 5.2 to 5.6 begins.
Samples from frozen or quick-frozen bulk products referred to under point 2 shall be kept at 0 °C until analysis begins.
The analysis shall concern either each of the five cuts separately or a composite sample of the five cuts.
5.2.
The preparation is commenced within one hour following the removal of the cuts from the freezer or refrigerator.
5.3.
(a)
The outside of the pack is wiped to remove superficial ice and water. Each cut is weighed and removed from any wrapping material. After cutting up the cuts into smaller pieces, the weight of the poultry cut is determined to the nearest gram after deduction of the weight of any wrapping material removed, to give ‘P 1 ’.
(b)
In the case of a composite sample analysis, the total weight of the five cuts, prepared in accordance with point 5.3(a), is determined to give ‘P 5 ’.
5.4.
(a)
The whole cut of which the weight is P 1 , is minced in a mincer as specified under point 4.3 (and, if necessary, mixed with the use of a blender as well) to obtain a homogeneous material from which a sample representative of each cut shall then be taken.
(b)
In the case of a composite sample analysis, all five cuts of which the weight is P 5 are minced in a mincer as specified under point 4.3 (and, if necessary, mixed with the use of a blender as well) to obtain a homogeneous material from which two samples representative of the five cuts shall then be taken.
The two samples are analysed as described in points 5.5 and 5.6.
5.5.
A sample of the homogenised material is taken and used immediately to determine the water content in accordance with ISO 1442 to give the water content ‘a %’.
5.6.
A sample of the homogenised material is also taken and used immediately to determine the nitrogen content in accordance with ISO 937. This nitrogen content is converted to crude protein content ‘b %’ by multiplying it by the factor 6,25.
6. CALCULATION OF RESULTS
6.1.
(a)
The weight of water (W) in each cut is given by aP 1 /100 and the weight of protein (RP) by bP 1 /100, both of which are expressed in grams.
The sums of the weights of water (W 5 ) and the weights of protein (RP 5 ) in the five cuts analysed are determined.
(b)
In the case of a composite sample analysis, the average content of water and protein from the two samples analysed is determined to give a % and b %, respectively. The weight of the water (W 5 ) in the five cuts is given by aP 5 /100, and the weight of protein (RP 5 ) by bP 5 /100, both of which are expressed in grams.
6.2.
The average weight of water (W A ) and protein (RP A ) is calculated by dividing W 5 and RP 5 respectively, by five.
6.3.
The mean physiological W/RP ratio as determined by this method is as follows:
chicken breast fillet: 3,19 ± 0,12,
chicken legs and leg quarters: 3,78 ± 0,19,
turkey breast fillet: 3,05 ± 0,15,
turkey legs: 3,58 ± 0,15,
deboned turkey leg meat: 3,65 ± 0,17.
ANNEX III
CHECK ON WATER ABSORBED IN THE PRODUCTION ESTABLISHMENT REFERRED TO IN ARTICLE 6(1)
(Slaughterhouse test)
1.
Select at random 25 carcases from the evisceration line immediately after evisceration and the removal of the offal and fat and before the first subsequent washing.
2.
If necessary, remove the neck by cutting, leaving the neck skin attached to the carcase.
3.
Identify each carcase individually. Weigh each carcase and record its weight to the nearest gram.
4.
Re-hang the test carcases on the evisceration line to continue through the normal processes of washing, chilling, dripping, etc.
5.
Remove identified carcases at the end of the drip line without allowing them any longer time to drip than that allowed normally for poultry from the lot from which the sample was taken.
6.
The sample consists of the first 20 carcases recovered (from the carcasses identified in previous step). The test is declared void if less than 20 identified carcases are recovered. The recovered carcasses are re-weighed. Their weight to the nearest gram is recorded against the weight recorded on first weighing.
7.
Remove identification from sample carcases and allow the carcases to proceed through normal packing operations.
8.
Determine percentage moisture absorption by subtracting the total weight of these same carcases after washing, chilling and dripping, dividing the difference by the initial weight and multiplying by 100.
9.
Instead of manual weighing as described under points 1 to 8, automatic weighing lines may be used for the determination of the percentage of moisture absorption for the same number of carcases and according to the same principles, provided that the automatic weighing line is approved in advance for this purpose by the competent authority.
ANNEX IV
TASKS OF NATIONAL REFERENCE LABORATORIES REFERRED TO IN ARTICLE 7(3)
The national reference laboratories are responsible for the following tasks:
(a)
coordinating the activities of the national laboratories responsible for analyses of water content in poultrymeat;
(b)
assisting the competent authority in the Member State in organising the system for monitoring water content in poultrymeat;
(c)
participating in comparative testing (proficiency testing) between the various national laboratories referred to in point (a);
(d)
ensuring that the information supplied by the board of experts is disseminated to the competent authority in the relevant Member State and to the national laboratories referred to in point (a);
(e)
collaborating with the board of experts and, if appointed to join the board of experts, preparing the necessary test samples, including homogeneity testing, and arranging appropriate shipping.
Commission Implementing Regulation (EU) 2026/344 of 6 October 2025 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for poultrymeat (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32026R0344
© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.
本頁資料來源：EUR-Lex·整理提供：法律人 LawPlayer· lawplayer.com