Checks of anatomical conformity
Article 3
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.