Commission Implementing Regulation (EU) 2023/2782 of 14 December 2023 laying down the methods of sampling and analysis for the control of the levels of mycotoxins in food and repealing Regulation (EC) No 401/2006

Type Implementing Regulation
Publication 2023-12-15
Last updated 2024-03-24
State In force
Department European Commission, SANTE
Source EUR-Lex
articles 5
Reform history JSON API

Article 1

For the purposes of this Regulation, the following definitions shall apply:

  • (1) ‘lot’ means an identifiable quantity of a food commodity delivered at one time and determined by the competent authority to have common characteristics, such as origin, variety, type of package, packer, consignor or markings;
  • (2) ‘sublot’ means a physically separate and identifiable part of a large lot designated to apply the sampling method;
  • (3) ‘incremental sample’ means a quantity of material taken from a single place in the lot or sublot;
  • (4) ‘aggregate sample’ means the combined total of all the incremental samples taken from the lot or sublot;
  • (5) ‘subsample’ means a quantity of material taken from the aggregate sample for control of ergot sclerotia by visual examination;
  • (6) ‘laboratory sample’ means a representative part or quantity of the aggregate sample intended for the laboratory;
  • (7) ‘recovery (Rec, %)’ means the percentage obtained by applying the following formula x/xref × 100 % where: x = measured concentration (for spiked samples corrected for background concentration if not blank), and xref = reference concentration (concentration of a Certified Reference Material (CRM), Proficiency Test material, or spiked sample);
  • (8) ‘bias’ means the difference between the measured value and the reference concentration;
  • (9) ‘repeatability relative standard deviation (RSDr)’ means the relative standard deviation (%) calculated from results generated under repeatability conditions (repeatability precision): using the same method on the same sample material in one laboratory by the same operator, with the same instrument, within a short interval of time (1 day or 1 sequence);
  • (10) ‘within-laboratory reproducibility relative standard deviation (RSDwR)’ means the relative standard deviation (%) calculated from results generated under within-laboratory reproducibility conditions (intermediate precision): using the same method on the same sample material in one laboratory but different days (preferably a longer time interval), and may include other conditions, such as involving different operators and/or different (equivalent) instruments;
  • (11) ‘reproducibility relative standard deviation (RSDR)’ means the relative standard deviation (%) calculated from results generated under reproducibility conditions (interlaboratory precision), meaning the same material is analysed by different laboratories. The RSDR may be derived from, in particular, collaborative studies and proficiency tests;
  • (12) ‘limit of Quantification (LOQ)’ means the lowest content of the analyte which can be measured with reasonable statistical certainty. In the context of this regulation this means the lowest successfully validated level: the lowest tested concentration of analyte in a sample material, for which it has been demonstrated that the criteria for recovery, precision, and identification are met ([^E0001]);
  • (13) ‘screening target concentration (STC)’ means the concentration of interest for detection of the mycotoxin in a sample. When the aim is to test compliance with regulatory limits, the STC is equal to the applicable maximum level. For other purposes or in case no maximum level has been established, the STC is predefined by the laboratory;
  • (14) ‘screening method’ means the method used for selection of those samples with levels of mycotoxins that exceed the screening target concentration (STC), with a given certainty. For the purpose of mycotoxin screening, a certainty of 95 % is considered fit-for-purpose. The result of the screening analysis is either ‘negative’ or ‘suspect’. Screening methods shall allow a cost-effective high sample-throughput, thus increasing the chance to discover new incidents with high exposure and health risks to consumers. These methods shall be based on bio-analytical, LC-MS or HPLC methods. Results from samples exceeding the cut-off value shall be verified by a full re-analysis from the original sample by a confirmatory method;
  • (15) ‘negative sample’ means the mycotoxin content in the sample is < STC with a certainty of 95 % (i.e. there is a 5 % chance that samples will be incorrectly reported as negative);
  • (16) ‘false negative sample’ means the mycotoxin content in the sample is >STC but it has been identified as negative;
  • (17) ‘suspect sample’ (screen positive) means the sample exceeds the cut-off value and may contain the mycotoxin at a level higher than the STC;
  • (18) ‘false suspect sample’ means a negative sample that has been identified as suspect;
  • (19) ‘confirmatory methods’ means methods that provide full or complementary information enabling the mycotoxin to be identified and quantified unequivocally at the level of interest;
  • (20) ‘cut-off value’ means the response, signal, or concentration, obtained with the screening method, above which the sample is classified as ‘suspect’. The cut-off value is determined during the validation and takes the variability of the measurement into account;
  • (21) ‘negative control (blank matrix) sample’ means a sample known to be free of the mycotoxin to be screened for, by previous determination using a confirmatory method of sufficient sensitivity or by other method or, where such sample cannot be obtained, material with the lowest obtainable level as long as the level allows the conclusion that the screening method is fit for that purpose;
  • (22) ‘sample known to be free’ means a sample where the amount present of the analyte does not exceed 1/5 of the STC. If the level can be quantified with a confirmatory method, the level shall be taken into consideration for the validation assessment;
  • (23) ‘positive control sample’ means a sample containing the mycotoxin at the screening target concentration, such as a certified reference material, a material of known content (e.g. test material of proficiency tests) or otherwise sufficiently characterised by a confirmatory method. In the absence of any of the above, a blend of samples with different levels of contamination or a spiked sample prepared within laboratory and sufficiently characterised can be used, provided it can be proven that the contamination level has been verified.

Article 2

1.

Sampling for the control of the levels of mycotoxins in foods shall be carried out in accordance with the methods set out in Annex I.

2.

In case of a food that cannot be classified in a food category for which a sampling procedure has been established in Annex I, the sampling procedure shall be determined having regard to the particle size of that food or the similarity of that food with a product that can be classified in one of the food categories in Annex I.

3.

In case of a foods that cannot be classified in any food category listed in Annex I and provided that there is evidence that the mycotoxin is homogeneously distributed in such a food, the food shall be sampled using the sample procedure laid down in Part B of the Annex to Commission Regulation (EC) No 333/2007 ([^E0002]).

Article 3

Sample preparation and methods of analysis used for the control of the levels of mycotoxins in foodstuffs shall comply with the criteria set out in Annex II.

Article 4

Regulation (EC) No 401/2006 is hereby repealed. References to the repealed Regulation shall be construed as references to this Implementing Regulation.

However, until 1 January 2029, the specific requirements provided for in point 4.3 in Annex II to Regulation (EC) No 401/2006 shall continue to apply to methods which have been validated before the entry into application of this Regulation.

Article 5

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 April 2024.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Methods of sampling for the control of the levels of mycotoxins in food ([^E0003])

PART I

GENERAL PROVISIONS

A.1.   General provisions

A.1.1.   Personnel

Sampling shall be performed by a person as designated by the competent authority of the Member State.

A.1.2.   Material to be sampled

Each lot which is to be examined shall be sampled separately. In accordance with the specific sampling provisions for the different mycotoxins, large lots shall be subdivided into sublots to be sampled separately.

A.1.3.   Precautions to be taken

In the course of sampling and preparation of the samples, precautions shall be taken to avoid any changes, which would:

  • — affect the mycotoxin content, adversely affect the analytical determination or make the aggregate samples unrepresentative;
  • — affect the food safety of the lots to be sampled.

Also, all measures necessary to ensure the safety of the persons taking the samples shall be taken.

A.1.4.   Incremental samples

As far as possible incremental samples shall be taken at various places distributed throughout the lot or sublot. Departure from such procedure shall be recorded in the record provided for under part I. point A.1.8. of this Annex.

A.1.5.   Preparation of the aggregate sample

The aggregate sample shall be made up by combining the incremental samples.

A.1.6.   Replicate samples

The replicate samples for enforcement, defence and reference purposes shall be taken from the homogenised aggregate sample, unless such procedure conflicts with Member States’ rules as regards the rights of the food business operator.

A.1.7.   Packaging and transmission of samples

Each sample shall be placed in a clean, inert container offering adequate protection from contamination and against damage in transit. All necessary precautions shall be taken to avoid any change in composition of the sample, which might arise during transportation or storage.

A.1.8.   Sealing and labelling of samples

Each sample taken for official use shall be sealed at the place of sampling and identified following the rules of the Member State.

A record of each sampling shall be kept, permitting each lot to be identified unambiguously and giving the date and place of sampling together with any additional information likely to be of assistance to the analyst.

A.2.   Different types of lots

Food commodities may be traded in bulk, containers, or individual packages, such as sacks, bags, retail/individual packages. The method of sampling may be applied to commodities put on the market in bulk, containers, or individual packages, such as sacks, bags, retail/individual packages or any other different form.

Without prejudice to the specific sampling provisions set out in other parts of this Annex, the following formula shall be used as a guide for calculating the sampling frequency of lots put on the market in individual packages, such as sacks, bags, retail/individual packages.

Sampling frequency (SF) n = Weight of the lot x Weight of the incremental sample
Sampling frequency (SF) n = Weight of the aggregate sample x Weight of individual package
  • — weight: in kg
  • — sampling frequency (SF): every nth individual package from which an incremental sample shall be taken (decimal figures shall be rounded to the nearest whole number).

A.3.   Sampling of commodities with a high volume/weight ratio

With the exception of the food commodities falling under parts L and M of part II of this Annex, in the case of sampling food commodities which have a high volume in comparison to their weight (i.e. volume (dm3)/weight (kg) > 5) the weight requirements can be replaced by equivalent volume requirement (i.e. 1 kg replaced by 1 dm3).

PART II

METHODS OF SAMPLING

This part lays down the methods of sampling for the following categories of food:

  • A. Cereals, oilseeds other than groundnuts, cereal and oilseed products other than groundnut products
  • B. Dried fruit and derived/processed products with the exception of dried figs
  • C. Dried figs and derived/processed products
  • D. Groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size and derived/processed products
  • E. Dried spices except dried spices with large particle size and powdered spices
  • F. Milk and milk products, infant formula, follow-on formula, foods for special medical purposes intended for infants and young children and young child formula
  • G. Coffee, coffee products, cocoa, cocoa products, liquorice root and liquorice products
  • H. Beverages
  • I. Solid processed fruit and vegetable products
  • J. Baby foods and processed cereal-based food for infants and young children
  • K. Vegetable oils
  • L. Food supplements, pollen and pollen products
  • M. Dried herbs, herbal infusions (dried product), teas (dried product) and powdered spices
  • N. Very large lots or lots stored or transported in a way whereby sampling throughout the lot is not feasible

A. METHOD OF SAMPLING FOR CEREALS, OILSEEDS OTHER THAN GROUNDNUTS, CEREAL AND OILSEED PRODUCTS OTHER THAN GROUNDNUT PRODUCTS

A.1.   Weight of the incremental sample

The weight of the incremental sample shall be about 100 g, unless otherwise defined in this part and except for oilseeds or cereal grains for which 1 000 seeds/grains weigh less than 10 g (‘small particle oilseeds or cereal grains’)

For these small particle oilseeds or cereal grains the incremental sample shall be about 25 g.

In the case of lots in retail/individual packages, the weight of the incremental sample shall depend on the weight of the retail/individual package.

In the case of retail/individual packages of more than 100 g (or 25 g in the case of small particle oilseeds or cereal grains), this will result in aggregate samples weighing more than the required weight indicated in tables 1 and 2 of point A.2. If the weight of a single retail/individual package is much more (i.e. more than double) than 100 g (or 25 g in the case of small particle oilseeds or cereal grains), 100 g (or 25 g in the case of small particle oilseeds or cereal grains) shall be taken from each retail/individual package as an incremental sample. This may 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, or other reasons), an alternative method of sampling may be applied. In particular, 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 is equal to the required weight of the aggregate sample mentioned in those tables.

Where the retail/individual packages are less than 100 g (or 25 g in the case of small particle oilseeds or cereal grains) and if the difference is not very large (i.e. not less than half of 100 g or 25 g) one retail/individual package is to 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 100 g (or 25 g in the case of small particle oilseeds or cereal grains), one incremental sample consists of two or more retail/individual packages, whereby the 100 g (or 25 g in the case of small particle oilseeds or cereal grains) are approximated as closely as possible.

A.2.   General survey of the method of sampling for cereals, oilseeds other than groundnuts, cereal products and oilseed products, other than groundnut products
Table 1
Subdivision of lots into sublots depending on product and lot weight
Commodity Lot weight (tonne) Weight or number of sublots No incremental samples Aggregate sample weight (kg)
Cereals, oilseeds other than groundnuts, cereal products and oilseed products, other than groundnut products > 300 and < 1 500 3 sublots 100 10 2,5 for small particle oilseeds or cereal grains
Cereals, oilseeds other than groundnuts, cereal products and oilseed products, other than groundnut products ≥ 100 and ≤ 300 100 tonnes 100 10 2,5 for small particle oilseeds or cereal grains
Cereals, oilseeds other than groundnuts, cereal products and oilseed products, other than groundnut products < 100 — 3 -100  [^E0004] 1 -10 0,25 – 2,5 for small particle oilseeds or cereal grains

Depending on the lot weight – see Table 2 of Point A.4.

A.3.   Method of sampling for cereals, oilseeds other than groundnuts, cereal products and oilseed products, other than groundnut products for lots ≥ 50 tonnes
  • — On condition that the sublot can be separated physically, each lot shall be subdivided into sublots according to 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 %. In case the lot is not or cannot be physically separated into sublots, a minimum of 100 incremental samples is taken from the lot. For lots > 500 tonnes, the number of incremental samples is provided for in point N.2.
  • — Each sublot shall be sampled separately.
  • — Number of incremental samples: 100. Weight of the aggregate sample = 10 kg (or 2,5 kg in the case of small particle cereals and oilseeds).
  • — If it is not possible to carry out the method of sampling set out in this point because of the unacceptable commercial consequences resulting from damage to the lot (because of packaging forms, means of transport, etc.) an alternative method of sampling may be applied provided that it is as representative as possible and is fully described and documented. An alternative method of sampling may also be applied in cases where it is practically impossible to apply the abovementioned method of sampling. This is the case where large lots of cereals are stored in warehouses or where cereals are stored in silos ([^E0005]). The sampling of such lots shall be performed in accordance with the rules set out in part N.
A.4.   Method of sampling for cereals, oilseeds other than groundnuts, cereal products and oilseed products, other than groundnut products for lots < 50 tonnes

For lots of cereals, oilseeds other than groundnuts, cereal products and oilseed products, other than groundnut products less than 50 tonnes, the sampling plan shall be used with 10 to 100 incremental samples, depending on the lot weight, resulting in an aggregate sample of 1 to 10 kg (or 0,25 – 2,5 kg in the case of small particle oilseeds or cereal grains). For very small lots (≤ 0,5 tonnes) a lower number of incremental samples may be taken, but the aggregate sample combining all incremental samples shall also be in that case at least 1 kg (or 0,25 kg in the case of small particle cereals and oilseeds) and for the determination of ergot sclerotia, at least 1 kg.

The figures in Table 2 shall be used to determine the number of incremental samples to be taken.

Table 2
Number of incremental samples to be taken depending on the weight of the lot of cereals, oilseeds other than groundnuts, cereal products and oilseed products, other than groundnut products
Lot weight (tonnes) Number of incremental samples Aggregate sample weight(kg) [^E0006] Aggregate sample weight(kg) [^E0006] for small particle oilseeds or cereal grains
≤ 0,05 3 1 0,25
> 0,05 -≤ 0,5 5 1 0,25
> 0,5 -≤ 1 10 1 0,25
> 1 -≤ 3 20 2 0,5
> 3 -≤ 10 40 4 1,0
> 10 -≤ 20 60 6 1,5
> 20 -≤ 100 100 10 2,5

In case of control for the presence of ergot sclerotia, the aggregate sample weight is at least 1 kg.

A.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 A.

Where that is not possible, an alternative method of sampling at retail stage may be applied 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 be at least 1 kg ([^E0007]).

A.6.   Acceptance of a lot or sublot
Control of ergot sclerotia

From the aggregate sample, 2 subsamples of at least 0,5 kg shall be taken for examination. One subsample shall be examined. In case the result of the subsamples is equal or below 50 % (analytical threshold) of the maximum level, the sample is compliant with the maximum level. If the result is above 50 % of the maximum level, another subsample needs to be examined and the average of the result of the 2 subsamples is used for checking compliance with the maximum level. The following outcomes shall be derived:

  • — acceptance if the first subsample contains less than 50 % of the maximum level of ergot sclerotia or if the average of two subsamples conforms to the maximum level;
  • — rejection if the average of two subsamples exceeds the maximum level.
Control of mycotoxins

The following outcomes shall be derived:

  • — acceptance if the laboratory sample conforms to the maximum level, taking into account the correction for recovery and measurement uncertainty;
  • — rejection if 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.

B. METHOD OF SAMPLING FOR DRIED FRUIT AND DERIVED/PROCESSED PRODUCTS WITH THE EXCEPTION OF DRIED FIGS

This method of sampling is of application for the official control of levels of mycotoxins in dried fruit and derived/processed products, with the exception of dried figs and derived/processed products (part II.C of this Annex).

B.1.   Weight of the incremental sample

The weight of the incremental sample shall be about 100 g, unless otherwise defined in this part II.B

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 packages of more than 100 g, this will result in aggregate samples weighing more than the required weight indicated in tables 1 and 2 of this part B. If the weight of a single retail/individual package is much more (more than double) than 100 g, then 100 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.) then 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 of this part 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 of this part B.

Where the retail/individual packages are less than 100 g and if the difference is not very large (i.e. not less than half of 100 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 of this part. If the weight of the retail/individual packages are much less than 100 g, one incremental sample shall consist of two or more retail/individual packages, whereby the 100 g are approximated as closely as possible.

B.2.   General survey of the method of sampling dried fruit and derived/processed products, with the exception of figs
Table 1
Subdivision of lots into sublots depending on product and lot weight
Commodity Lot weight (tonnes) Weight or number of sublots Number of incremental samples Aggregate sample weight (kg)
Dried fruit, except dried figs ≥ 15 15 -30 tonnes 100 10
Dried fruit, except dried figs < 15 — 10 -100  [^E0008] 1 -10

Depending on the lot weight – see Table 2 of this part B

B.3.   Method of sampling for dried fruit and derived/processed products (lots ≥ 15 tonnes), with the exception of dried figs
  • — On condition that the sublot can be separated physically, each lot shall be subdivided into sublots according to 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.
  • — Number of incremental samples: 100. Weight of the aggregate sample = 10 kg.
  • — If it is not possible to carry out the method of sampling described above because of the commercial consequences resulting from damage to the lot (because of packaging forms, means of transport, etc.) an alternative method of sampling may be applied provided that it is as representative as possible and is fully described and documented.
B.4.   Method of sampling for dried fruit and derived/processed products (lots < 15 tonnes), with the exception of dried figs

For dried fruit lots, with the exception of figs, under 15 tonnes the sampling plan shall be used with 10 to 100 incremental samples, depending on the lot weight, resulting in an aggregate sample of 1 to 10 kg.

The figures in the following table can be used to determine the number of incremental samples to be taken.

Table 2
Number of incremental samples to be taken depending on the weight of the lot of dried fruit and derived/processed products except dried figs
Lot weight (tonnes) Number of incremental samples Aggregate sample weight (kg)
≤ 0,1 10 1
> 0,1 -≤ 0,2 15 1,5
> 0,2 -≤ 0,5 20 2
> 0,5 -≤ 1,0 30 3
> 1,0 -≤ 2,0 40 4
> 2,0 -≤ 5,0 60 6
> 5,0 -≤ 10,0 80 8
> 10,0 -≤ 15,0 100 10
B.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 B.

Where that is not possible, another 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 be at least 1 kg ([^E0009]).

B.6.   Specific sampling provisions for dried fruit and derived/processed products with the exception of dried figs traded in vacuum packages

For lots equal to or more than 15 tonnes at least 25 incremental samples resulting in a 10 kg aggregate sample shall be taken and for lots less than 15 tonnes, 25 % of the number of incremental samples mentioned in Table 2 of point B.4 shall be taken resulting in an aggregate sample of which the weight corresponds to the weight of the sampled lot (see Table 2 of point B.4).

B.7.   Acceptance of a lot or sublot

The following outcomes shall be derived:

  • — acceptance if the laboratory sample conforms to the maximum level, taking into account the correction for recovery and measurement uncertainty;
  • — rejection if 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.

C. METHOD OF SAMPLING FOR DRIED FIGS AND DERIVED/PROCESSED PRODUCTS

C.1.   Weight of the incremental sample

The weight of the incremental sample shall be about 300 g, unless otherwise defined in part II.C.

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 packages of more than 300 g, this will result in aggregate samples weighing more than the required weight indicated in tables 1, 2 and 3. If the weight of a single retail/individual package is much more (i.e. more than double) than 300 g, then 300 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.), then 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, 2 and 3, on the condition that the weight of the aggregate sample corresponds to the required weight of the aggregate sample mentioned in tables 1, 2 and 3.

Where the retail/individual packages are less than 300 g and if the difference is not very large (i.e. not less than half of 300 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, 2 and 3. If the weight of the retail/individual packages are much less than 300 g, one incremental sample shall consist of two or more retail/individual packages, whereby the 300 g are approximated as closely as possible.

C.2.   General survey of the method of sampling for dried figs
Table 1
Subdivision of lots into sublots depending on product and lot weight
Commodity Lot weight (tonne) Weight or number of sublots No incremental samples Aggregate sample weight (kg)
Dried figs ≥ 15 15 -30 tonnes 100 30
Dried figs < 15 — 10 -100  [^E0010] ≤ 30

Depending on the lot weight – see Table 2 of this part C

C.3.   Method of sampling for dried figs (lots ≥ 15 tonnes)
  • — On condition that the sublot can be separated physically, each lot shall be subdivided into sublots according to 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.
  • — Number of incremental samples: 100
  • — Weight of the aggregate sample = 30 kg, which shall be mixed and divided into three equal laboratory samples of 10 kg before grinding (this division into three laboratory samples is not necessary in case of dried figs subjected to further sorting or other physical treatment and availability of equipment which is able to homogenise a 30 kg sample).
  • — Each laboratory sample of 10 kg shall be separately ground finely and mixed thoroughly to achieve complete homogenisation, in accordance with the provisions laid down in Annex II.
  • — 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, etc.) an alternative method of sampling may be applied provided that it is as representative as possible and fully described and documented.
C.4.   Method of sampling for dried figs (lots < 15 tonnes)

The number of incremental samples to be taken depends on the weight of the lot, with a minimum of 10 and a maximum of 100.

The figures in the following Table 2 may be used to determine the number of incremental samples to be taken and the subsequent division of the aggregate sample.

Table 2
Number of incremental samples to be taken depending on the weight of the lot and number of subdivisions of the aggregate sample
Lot weight (tonnes) No of incremental samples (for retail/individual packages see also point C.1) Aggregate sample weight (kg) (in case of retail/individual packages, weight of aggregate sample can diverge – see point C.1) No of laboratory samples from aggregate sample
≤ 0,1 10 3 1 (no division)
> 0,1 – ≤ 0,2 15 4,5 1 (no division)
> 0,2 – ≤ 0,5 20 6 1 (no division)
> 0,5 – ≤ 1,0 30 9 (- < 12 kg) 1 (no division)
> 1,0 – ≤ 2,0 40 12 2
> 2,0 – ≤ 5,0 60 18 (- < 24 kg) 2
> 5,0 – ≤ 10,0 80 24 3
> 10,0 – ≤ 15,0 100 30 3
  • — Weight of the aggregate sample ≤ 30 kg which shall be mixed and divided into two or three equal laboratory samples of ≤ 10 kg before grinding (this division into two or three laboratory samples is not necessary in case of dried figs, subjected to further sorting or other physical treatment and availability of equipment which is able to homogenise up to 30 kg samples). In cases where the aggregate sample weights are less than 30 kg, the aggregate sample shall be divided into laboratory samples according to the following guidance: — < 12 kg: no division into laboratory samples; — ≥ 12 – < 24 kg: division into two laboratory samples; — ≥ 24 kg: division into three laboratory samples.
  • — Each laboratory sample shall be separately ground finely and mixed thoroughly to achieve complete homogenisation, in accordance with the provisions laid down in Annex II.
  • — If it is not possible to carry out the method of sampling described in the previous indent, because of the unacceptable commercial consequences resulting from damage to the lot (because of packaging forms, means of transport, etc.) an alternative method of sampling may be applied provided that it is as representative as possible and fully described and documented.
C.5.   Method of sampling for derived/processed products and compound foods
C.5.1.   Derived/processed products with very small particle size (homogeneous distribution of mycotoxin contamination)
  • — In many cases, lots of fig pastes have no homogenous distribution of mycotoxin contamination and therefore in the case of fig paste, the method of sampling and acceptance as for dried figs (under points C.3 and C.4) shall be applied.
  • — Number of incremental samples: 100. For lots of under 50 tons the number of incremental samples shall be 10 to 100, depending on the lot weight (see following Table 3). Table 3 Number of incremental samples to be taken depending on the weight of the lot Lot weight (tonnes) No of incremental samples Aggregate sample weight (kg) ≤ 1 10 1

    1 – ≤ 3 20 2  3 – ≤ 10 40 4  10 – ≤ 20 60 6  20 – ≤ 50 100 10

  • — The weight of the incremental sample shall be about 100 g. In the case of lots in retail/individual packages, the weight of the incremental sample depends on the weight of the retail/individual package.
  • — Weight of aggregate sample = 1-10 kg sufficiently mixed.
C.5.2.   Other derived/processed products with a relatively large particle size (heterogeneous distribution of mycotoxin contamination)

Method of sampling and acceptance as for dried figs (points C.3 and C.4).

C.6.   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 C.

Where that is not possible, other effective methods of sampling at retail stage may be used provided that they ensure that the aggregate sample is sufficiently representative of the sampled lot and fully described and documented. In any case, the aggregate sample shall be at least 1 kg ([^E0011]).

C.7.   Specific method of sampling of dried figs and derived/processed products traded in vacuum packages
C.7.1.   Dried figs

For lots equal to or more than 15 tonnes, at least 50 incremental samples resulting in a 30 kg aggregate sample shall be taken, and for lots of less than 15 tonnes, 50 % of the number of incremental samples mentioned in Table 2 shall be taken resulting in an aggregate sample of which the weight corresponds to the weight of the sampled lot (see Table 2).

C.7.2.   Products derived/processed from dried figs with small particle size

For lots equal to or more than 50 tonnes, at least 25 incremental samples resulting in a 10 kg aggregate sample shall be taken and for lots less than 50 tonnes, 25 % of the number of incremental samples mentioned in Table 3 shall be taken resulting in an aggregate sample of which the weight corresponds to the weight of the sampled lot (see Table 3).

C.8.   Acceptance of a lot or sublot

The following outcomes shall be derived:

For dried figs:

  • — acceptance if none of the laboratory samples exceeds the maximum level, taking into account the correction for recovery and measurement uncertainty;
  • — rejection if one or more of the laboratory samples exceed(s) 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.

In cases where the aggregate sample is 12 kg or less

  • — acceptance if the laboratory sample conforms to the maximum level, taking into account the correction for recovery and measurement uncertainty,
  • — rejection if 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.

D. METHOD OF SAMPLING FOR GROUNDNUTS (PEANUTS), APRICOT KERNELS, TREE NUTS AND DRIED SPICES WITH LARGE PARTICLE SIZE AND DERIVED/PROCESSED PRODUCTS

This method of sampling is of application for the official control of the levels of mycotoxins in groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size and derived/processed products. This method of sampling is also of application for the official control of the level of mycotoxins in spices with a relatively large particle size, i.e. particle size comparable with peanuts or larger such as nutmeg.

D.1.   Weight of the incremental sample

The weight of the incremental sample shall be about 200 g, unless otherwise defined in this part D.

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 packages of more than 200 g, this will result in aggregate samples weighing more than the required weight indicated in tables 1, 2 and 3. If the weight of a single retail/individual package is much more than 200 g, then 200 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.), then 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, 2 and 3, on the condition that the weight of the aggregate sample corresponds to the required weight of the aggregate sample mentioned in tables 1, 2 and 3.

Where the retail/individual packages are less than 200 g and if the difference is not very large (i.e. not less than half of 200 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, 2 and 3. If the weight of the retail/individual packages are much less than 200 g, one incremental sample shall consist of two or more retail/individual packages, whereby the 200 g are approximated as closely as possible.

D.2.   General survey of the method of sampling for groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size
Table 1
Subdivision of lots into sublots depending on product and lot weight
Commodity Lot weight (tonne) Weight or number of sublots No incremental samples Aggregate sample weight (kg)
Groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size ≥ 500 100 tonnes 100 20
Groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size > 125 and < 500 5 sublots 100 20
Groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size ≥ 15 and ≤ 125 25 tonnes 100 20
Groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size < 15 — 10 -100  [^E0012] ≤ 20

Depending on the lot weight – see Table 2 of this part D.

D.3.   Method of sampling for groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size (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.
  • — Number of incremental samples: 100.
  • — Weight of the aggregate sample = 20 kg which shall be mixed and divided into two equal laboratory samples of 10 kg before grinding (this division into two laboratory samples is not necessary in case of groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size subjected to further sorting or other physical treatment and of the availability of equipment which is able to homogenise a 20 kg sample).
  • — Each laboratory sample of 10 kg shall be separately ground finely and mixed thoroughly to achieve complete homogenisation, in accordance with the provisions laid down in Annex II.
  • — If it is not possible to carry out the method of sampling described above because of the commercial consequences resulting from damage to the lot (because of packaging forms, means of transport, etc.) an alternative method of sampling may be applied provided that it is as representative as possible and is fully described and documented.
D.4.   Method of sampling for groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size (lots < 15 tonnes)

The number of incremental samples to be taken depends on the weight of the lot, with a minimum of 10 and a maximum of 100.

The figures in the following Table 2 may be used to determine the number of incremental samples to be taken and the subsequent division of the aggregate sample.

Table 2
Number of incremental samples to be taken depending on the weight of the lot and number of subdivisions of the aggregate sample
Lot weight (tonnes) No of incremental samples (for retail/individual packages see also point D.1) Aggregate sample weight (kg) (in case of retail/individual packages, weight of aggregate sample can diverge – see point D.1) No of laboratory samples from aggregate sample
≤ 0,1 10 2 1 (no division)
> 0,1 – ≤ 0,2 15 3 1 (no division)
> 0,2 – ≤ 0,5 20 4 1 (no division)
> 0,5 – ≤ 1,0 30 6 1 (no division)
> 1,0 – ≤ 2,0 40 8 (- < 12 kg) 1 (no division)
> 2,0 – ≤ 5,0 60 12 2
> 5,0 – ≤ 10,0 80 16 2
> 10,0 – ≤ 15,0 100 20 2
  • — Weight of the aggregate sample ≤ 20 kg which shall be mixed and if necessary divided into two equal laboratory samples of ≤ 10 kg before grinding (this division into two laboratory samples is not necessary in case of groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size subjected to further sorting or other physical treatment and of the availability of equipment which is able to homogenise up to 20 kg samples).
  • — In cases where the aggregate sample weights are less than 20 kg, the aggregate sample shall be divided into laboratory samples according to following guidance: — < 12 kg: no division into laboratory samples; — ≥ 12 kg: division into two laboratory samples.
  • — Each laboratory sample shall be separately ground finely and mixed thoroughly to achieve complete homogenisation, in accordance with the provisions laid down in Annex II.
  • — 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, etc.) an alternative method of sampling may be applied provided that it is as representative as possible and is fully described and documented.
D.5.   Method of sampling for derived/processed products, with the exception of vegetable oil, and compound foods
D.5.1.   Derived/processed products (other than vegetable oil) with small particle size, i.e. flour, peanut butter (homogeneous distribution of mycotoxin contamination) and compound foods
  • — Number of incremental samples: 100; for lots of under 50 tons the number of incremental samples shall be 10 to 100, depending on the lot weight (see Table 3), Table 3 Number of incremental samples to be taken depending on the weight of the lot Lot weight (tonnes) No of incremental samples Aggregate sample weight (kg) ≤ 1 10 1

    1 – ≤ 3 20 2  3 – ≤ 10 40 4  10 – ≤ 20 60 6  20 – ≤ 50 100 10

  • — The weight of the incremental sample shall be about 100 g. In the case of lots in retail/individual packages, the weight of the incremental sample depends on the weight of the retail/individual package,
  • — Weight of aggregate sample = 1-10 kg sufficiently mixed,
D.5.2.   Derived/processed products with a relatively large particle size (heterogeneous distribution of mycotoxin contamination) and compound foods

Method of sampling and acceptance as for groundnuts (peanuts), apricot kernels, tree nuts and spices with large particle size (points D.3 and D.4).

D.6.   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 D.

Where that is not possible, other effective methods of sampling at retail stage may be used provided that they ensure that the aggregate sample is sufficiently representative of the sampled lot and is fully described and documented. In any case, the aggregate sample shall be at least 1 kg ([^E0013]).

D.7.   Specific method of sampling for groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size and derived/processed products traded in vacuum packages
D.7.1.   Pistachios, groundnuts (peanuts), Brazil nuts

For lots equal to or more than 15 tonnes at least 50 incremental samples resulting in a 20 kg aggregate sample shall be taken and for lots of less than 15 tonnes, 50 % of the number of incremental samples mentioned in Table 2 shall be taken resulting in an aggregate sample of which the weight corresponds to the weight of the sampled lot (see Table 2).

D.7.2.   Apricot kernels, tree nuts other than pistachios and Brazil nuts, dried spices with large particle size

For lots equal to or more than 15 tonnes at least 25 incremental samples resulting in a 20 kg aggregate sample shall be taken and for lots less than 15 tonnes, 25 % of the number of incremental samples mentioned in Table 2 shall be taken resulting in an aggregate sample of which the weight corresponds to the weight of the sampled lot (see Table 2).

D.7.3.   Products derived/processed from groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size

For lots equal to or more than 50 tonnes at least 25 incremental samples resulting in a 10 kg aggregate sample shall be taken and for lots less than 50 tonnes, 25 % of the number of incremental samples mentioned in Table 3 shall be taken resulting in an aggregate sample of which the weight corresponds to the weight of the sampled lot (see Table 3).

D.8.   Acceptance of a lot or sublot

For groundnuts (peanuts), apricot kernels and tree nuts subjected to a sorting or other physical treatment:

  • — acceptance if the aggregate sample or the average of the laboratory samples conforms to the maximum level, taking into account the correction for recovery and measurement uncertainty,
  • — rejection if the aggregate sample or the average of the laboratory samples 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.

For groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size placed on the market for the final consumer or for use as ingredient in foods

  • — acceptance if none of the laboratory samples exceeds the maximum level, taking into account the correction for recovery and measurement uncertainty,
  • — rejection if one or both of the laboratory samples 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.

In cases where the aggregate sample is 12 kg or less:

  • — acceptance if the laboratory sample conforms to the maximum level, taking into account the correction for recovery and measurement uncertainty,
  • — rejection if 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.

E. METHOD OF SAMPLING FOR DRIED SPICES EXCEPT DRIED SPICES WITH LARGE PARTICLE SIZE AND POWDERED SPICES

This method of sampling is of application for the official control of the levels of mycotoxins in spices. However, dried spices with a relatively large particle size, i.e. particle size comparable with peanuts or larger such as nutmeg with heterogeneous distribution of mycotoxin contamination, the method of sampling provided in part D of this Annex shall apply. For powdered spices (spices in powder), the method of sampling provided in part M of this Annex shall be applied.

E.1.   Weight of the incremental sample

The weight of the incremental sample shall be about 100 g, unless otherwise defined in this part E.

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 packages of > 100 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 >> 100 g, then 100 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.), then 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 100 g and if the difference is not very large (i.e. not less than half of 100 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 100 g, one incremental sample shall consist of two or more retail/individual packages, whereby the 100 g are approximated as closely as possible.

E.2.   General survey of the method of sampling for dried spices except dried spices with large particle size and powdered spices.
Table 1
Subdivision of lots into sublots depending on product and lot weight
Commodity Lot weight (tonnes) Weight or number of sublots Number of incremental samples Aggregate sample weight (kg)
Dried spices ≥ 15 25 tonnes 100 10
Dried spices < 15 — 5 -100  [^E0014] 0,5 -10

Depending on the lot weight – see Table 2 of this part E.

E.3.   Method of sampling for dried spices except dried spices with large particle size 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.
  • — Number of incremental samples: 100. Weight of the aggregate sample = 10 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, etc.) an alternative method of sampling may be applied provided that it is as representative as possible and is fully described and documented.
E.4.   Method of sampling for dried spices except dried spices with large particle size and powdered spices (lots < 15 tonnes)

For lots of dried spices less than 15 tonnes the sampling plan shall be used with 5 to 100 incremental samples, depending on the lot weight, resulting in an aggregate sample of 0,5 to 10 kg.

The figures in the following Table 2 can be used to determine the number of incremental samples to be taken.

Table 2
Number of incremental samples to be taken depending on the weight of the lot of dried spices
Lot weight (tonnes) Number of incremental samples Aggregate sample weight (kg)
≤ 0,01 5 0,5
> 0,01 -≤ 0,1 10 1
> 0,1 -≤ 0,2 15 1,5
> 0,2 -≤ 0,5 20 2
> 0,5 -≤ 1,0 30 3
> 1,0 -≤ 2,0 40 4
> 2,0 -≤ 5,0 60 6
> 5,0 -≤ 10,0 80 8
> 10,0 -≤ 15,0 100 10
E.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 E.

Where that 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 be at least 0,5 kg ([^E0015]).

E.6.   Specific method of sampling for dried spices except dried spices with large particle size and powdered spices traded in vacuum packages

For lots equal to or more than 15 tonnes at least 25 incremental samples resulting in a 10 kg aggregate sample shall be taken and for lots less than 15 tonnes, 25 % of the number of incremental samples mentioned in Table 2 shall be taken resulting in an aggregate sample of which the weight corresponds to the weight of the sampled lot (see Table 2).

E.7.   Acceptance of a lot or sublot
  • — acceptance if the laboratory sample conforms to the maximum level, taking into account the correction for recovery and measurement uncertainty;
  • — rejection if 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.

F. METHOD OF SAMPLING FOR MILK AND MILK PRODUCTS; INFANT FORMULA, FOLLOW-ON FORMULA, FOODS FOR SPECIAL MEDICAL PURPOSES INTENDED FOR INFANTS AND YOUNG CHILDREN AND YOUNG CHILD FORMULA

F.1.   Method of sampling for milk, milk products, infant formula, follow-on formula, foods for special medical purposes intended for infants and young children and young child formula.

The aggregate sample shall be at least 1 kg or 1 litre except where it is not possible e.g. when the sample consists of one bottle.

The minimum number of incremental samples to be taken from the lot shall be as given in Table 1. The number of incremental samples determined is function of the usual form in which the products concerned are commercialised. In the case of bulk liquid products, the lot shall be thoroughly mixed insofar as possible and insofar it does not affect the quality of the product, by either manual or mechanical means immediately prior to sampling. In this case, a homogeneous distribution of mycotoxins is assumed within a given lot. It is therefore sufficient to take three incremental samples from a lot to form the aggregate sample.

The incremental samples, which might frequently be a bottle or a package, shall be of similar weight. The weight of an incremental sample shall be at least 100 g, resulting in an aggregate sample of at least about 1 kg or 1 litre. Departure from this method shall be recorded in the record provided for under part I point A.1.8 of this Annex.

Table 1
Minimum number of incremental samples to be taken from the lot
Form of commercialisation Volume or weight of lot (in litre or kg) Minimum number of incremental samples to be taken Minimum volume or weight of aggregate sample (in litre or kg)
Bulk — 3 -5 1
Bottles/packages ≤ 50 3 1
Bottles/packages 50 to 500 5 1
Bottles/packages > 500 10 1
F.2.   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 F.

Where that 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 ([^E0016]).

F.3.   Acceptance of a lot or sublot
  • — acceptance if the laboratory sample conforms to the maximum level, taking into account the correction for recovery and measurement uncertainty;
  • — rejection if 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.

G. METHOD OF SAMPLING FOR COFFEE, COFFEE PRODUCTS, COCOA, COCOA PRODUCTS, LIQUORICE ROOT AND LIQUORICE PRODUCTS

This method of sampling is of application for the official control of levels of mycotoxins in coffee, coffee products, cocoa, cocoa products, liquorice root and liquorice products. As regards coffee, coffee products, cocoa and cocoa products the method of sampling provided in this part G is applicable to solid (dried) products. For beverages (liquid), the method of sampling provided in part H is applicable.

G.1.   Weight of the incremental sample

The weight of the incremental sample shall be about 100 g, unless otherwise defined in this part G.

In the case of lots in retail/individual packages, the weight of the incremental sample shall depend on the weight of the retail/individual package.

In the case of retail/individual packages of more than 100 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 much more than 100 g, then 100 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.), then 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 100 g and if the difference is not very large (i.e. not less than half of 100 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 100 g, one incremental sample shall consist of two or more retail/individual packages, whereby the 100 g are approximated as closely as possible.

G.2.   General survey of the method of sampling for coffee, coffee products, cocoa, cocoa products, liquorice root and liquorice products
Table 1
Subdivision of lots into sublots depending on product and lot weight
Commodity Lot weight (ton) Weight or number of sublots No incremental samples Aggregate sample weight (kg)
Coffee, coffee products, cocoa, cocoa products, liquorice root and liquorice products ≥ 15 15 -30 tonnes 100 10
Coffee, coffee products, cocoa, cocoa products, liquorice root and liquorice products < 15 — 10 -100  [^E0017] 1 -10

Depending on the lot weight – see Table 2 of this part G.

G.3.   Method of sampling for coffee, coffee products, cocoa, cocoa products, liquorice root and liquorice products (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 vary from the mentioned weight by a maximum of 20 %.
  • — Each sublot shall be sampled separately,
  • — Number of incremental samples: 100,
  • — Weight of the aggregate sample = 10 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, etc.) an alternative method of sampling may be applied provided that it is as representative as possible and is fully described and documented.
G.4.   Method of sampling for coffee, coffee products, cocoa, cocoa products, liquorice root and liquorice products (lots < 15 tonnes)

For coffee, coffee products, cocoa, cocoa products, liquorice root and liquorice products under 15 tonnes the sampling plan shall be used with 10 to 100 incremental samples, depending on the lot weight, resulting in an aggregate sample of 1 to 10 kg.

The figures in the following Table 2 can be used to determine the number of incremental samples to be taken.

Table 2
Number of incremental samples to be taken depending on the weight of the lot of coffee, coffee products, cocoa, cocoa products, liquorice root and liquorice products
Lot weight (tonnes) No of incremental samples Aggregate sample weight (kg)
≤ 0,1 10 1
> 0,1 – ≤ 0,2 15 1,5
> 0,2 – ≤ 0,5 20 2
> 0,5 – ≤ 1,0 30 3
> 1,0 – ≤ 2,0 40 4
> 2,0 – ≤ 5,0 60 6
> 5,0 – ≤ 10,0 80 8
> 10,0 – ≤ 15,0 100 10
G.5.   Method of sampling for coffee, coffee products, cocoa, cocoa products, liquorice root and liquorice products traded in vacuum packages

For lots equal to or more than 15 tonnes at least 25 incremental samples resulting in a 10 kg aggregate sample shall be taken and for lots less than 15 tonnes, 25 % of the number of incremental samples mentioned in Table 2 shall be taken resulting in an aggregate sample of which the weight corresponds to the weight of the sampled lot (see Table 2).

G.6.   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 G.

Where that 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 be at least 1 kg ([^E0018]).

G.7.   Acceptance of a lot or sublot
  • — acceptance if the laboratory sample conforms to the maximum level, taking into account the correction for recovery and measurement uncertainty,
  • — rejection if 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.

H. METHOD OF SAMPLING FOR BEVERAGES

This method of sampling is of application for the official control of the levels of mycotoxins in beverages, with the exception of milk.

H.1.   Method of sampling

The aggregate sample shall be at least one litre except where it is not possible e.g. when the sample consists of one bottle.

The minimum number of incremental samples to be taken from the lot shall be as given in Table 1. The number of incremental samples determined is function of the usual form in which the products concerned are commercialised. In the case of bulk liquid products the lot shall be thoroughly mixed insofar as possible and insofar it does not affect the quality of the product, by either manual or mechanical means immediately prior to sampling. In this case, a homogeneous distribution of mycotoxins can be assumed within a given lot. It is therefore sufficient to take three incremental samples from a lot to form the aggregate sample.

The incremental samples, which might frequently be a bottle or a package, shall be of similar volume. The volume of an incremental sample shall be at least 100 millilitre, resulting in an aggregate sample of at least about 1 litre. Departure from this method shall be recorded in the record provided for under part I point A.1.8 of this Annex.

Table 1
Minimum number of incremental samples to be taken from the lot
Form of commercialisation Volume of lot (in litres) Minimum number of incremental samples to be taken Minimum volume of the aggregate sample (in litres)
Bulk — 3 1
Bottles/packages (beverages other than wine) ≤ 50 3 1
Bottles/packages (beverages other than wine) 50 to 500 5 1
Bottles/packages (beverages other than wine) > 500 10 1
Bottles/packages wine ≤ 50 1 1
Bottles/packages wine 50 to 500 2 1
Bottles/packages wine > 500 3 1
H.2.   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 H ([^E0019]).

Where that 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.

H.3.   Acceptance of a lot or sublot
  • — acceptance if the laboratory sample conforms to the maximum level, taking into account the correction for recovery and measurement uncertainty,
  • — rejection if 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.

I. METHOD OF SAMPLING FOR SOLID PROCESSED FRUIT AND VEGETABLE PRODUCTS

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