Article 1Regulation (EC) No 466/2001 is amended as follows:(1)In Article 2, paragraph 3 is replaced by the following:"3.Without prejudice to Articles 3(1) and 4(3), the following shall be prohibited(a)to use products, which do not comply with the maximum levels set out in Annex I, as food ingredients for the production of compound or other foodstuffs;(b)to mix products complying with the maximum levels with products exceeding the maximum levels set out in Annex I;(c)to deliberately detoxify products by chemical treatments in the case of contaminants listed in section 2 (Mycotoxins) of Annex I."(2)In Article 5, the following paragraph 5 is added:"5.The Commission shall review points 2.4, 2.5, 2.6 and 2.7 of section 2 of Annex I by 1 July 2008 as regards the maximum limits for deoxynivalenol, zearalenone and fumonisin B1+B2 and with a view to including a maximum level for T-2 and HT-2 toxin in cereals and cereal products.For that purpose, the Member States and interested parties shall communicate each year to the Commission the results of investigations undertaken including occurrence data and the progress with regard to the application of prevention measures to avoid contamination by deoxynivalenol, zearalenone, T-2 and HT-2 toxin and fumonisin B1+B2."(3)Annex I is amended in accordance with the Annex to this Regulation.

Article 2This 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 July 2006. This Regulation shall not apply to products which were placed on the market before 1 July 2006 in conformity with the provisions applicable. The burden of proving when the products were placed on the market shall be borne by the food business operator.

This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 6 June 2005.For the CommissionMarkos KyprianouMember of the CommissionANNEXIn Section 2 Mycotoxins of Annex I to Regulation (EC) No 466/2001, the following points 2.4, 2.5, 2.6, and 2.7 are added:

"Product	Maximum level(μg/kg)	Sampling method	Reference analysis method
2.4.1.Unprocessed cereals other than durum wheat, oats and maize	1250	Directive 2005/38/EC	Directive 2005/38/EC
2.4.2.Unprocessed durum wheat and oats	1750	Directive 2005/38/EC	Directive 2005/38/EC
2.4.3.Unprocessed maize	—	Directive 2005/38/EC	Directive 2005/38/EC
2.4.4.Cereal flour, including maize flour, maize grits ands maize meal	750	Directive 2005/38/EC	Directive 2005/38/EC
2.4.5.Bread, pastries, biscuits, cereal snacks and breakfast cereals	500	Directive 2005/38/EC	Directive 2005/38/EC
2.4.6.Pasta (dry)	750	Directive 2005/38/EC	Directive 2005/38/EC
2.4.7.Processed cereal-based food for infants and young children and baby food	200	Directive 2005/38/EC	Directive 2005/38/EC

For the purpose of the application of maximum levels of deoxynivalenol, zearalenone, fumonisins B1 and B2, T-2 and HT-2 toxin established in points 2.4, 2.5, 2.6 and 2.7 only, rice is not included in "cereals" and rice products not included in "cereal products."The maximum levels set for "unprocessed cereals" applies to cereals placed on the market for first-stage processing. However, the maximum levels do apply for the cereals harvested and taken over, as from the 2005/2006 marketing year, in accordance with Commission Regulation (EC) No 824/2000 establishing procedures for the taking over of cereals by intervention agencies and laying down methods of analysis for determining the quality of cereals (OJ L 100, 20.4.2000, p. 31), as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50)."First-stage processing" shall mean any physical or thermal treatment, other than drying, of or on the grain.Cleaning, sorting and drying procedures are not considered to be "first-stage processing" insofar no physical action is exerted on the grain kernel itself and the whole grain remains intact after cleaning and sorting.If no specific level is fixed before 1 July 2007, the level of200 μg/kg will apply thereafter to unprocessed maize200 μg/kg will apply thereafter to maize flour, maize meal, maize grits and refined maize oil50 μg/kg will apply thereafter to maize snacks and maize-based breakfast cereals20 μg/kg will apply thereafter to processed maize-based foods for infants and young children.This category includes also similar products otherwise denominated such as semolina.Processed cereal-based foods for infants and young children and baby food as defined in Article 1 of Commission Directive 96/5/EC of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children (OJ L 49, 28.2.1996, p. 17) as last amended by Directive 2003/13/EC (OJ L 41, 14.2.2003, p. 33).The maximum level for processed cereal-based foods for infants and young children and baby food refers to the dry matter.2.5.ZEARALENONE

Product	Maximum level(μg/kg)	Sampling method	Reference analysis method
2.5.1.Unprocessed cereals other than maize	100	Directive 2005/38/EC	Directive 2005/38/EC
2.5.2.Unprocessed maize	—	Directive 2005/38/EC	Directive 2005/38/EC
2.5.3.Cereal flour except maize flour	75	Directive 2005/38/EC	Directive 2005/38/EC
2.5.4.Maize flour, maize meal, maize grits and refined maize oil	—	Directive 2005/38/EC	Directive 2005/38/EC
2.5.5.— Bread, pastries, biscuits	50	Directive 2005/38/EC	Directive 2005/38/EC
— maize snacks and maize-based breakfast cereals	—
— other cereal snacks and breakfast cereals	50
2.5.6. —processed maize-based foods for infants and young children	—	Directive 2005/38/EC	Directive 2005/38/EC
—other processed cereal-based foods for infants and young children and baby food	20	Directive 2005/38/EC	Directive 2005/38/EC

The maximum level applies to the sum of Fumonisin B1 (FB1) and Fumonisin B2 (FB2).The maximum level set for "unprocessed maize" applies to maize placed on the market for first-stage processing. However, the maximum levels do apply for the maize harvested and taken over, as from the 2006/2007 marketing year, in accordance with Commission Regulation (EC) No 824/2000 establishing procedures for the taking over of cereals by intervention agencies and laying down methods of analysis for determining the quality of cereals (OJ L 100, 20.4.2000, p. 31), as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50)."First-stage processing" shall mean any physical or thermal treatment, other than drying, of or on the grain.Cleaning, sorting and drying procedures are not considered to be "first stage processing" insofar as no physical action is exerted on the grain kernel itself and the whole grain remains intact after cleaning and sorting.If no specific level is fixed before 1 October 2007, the level of2000 μg/kg will apply thereafter to unprocessed maize1000 μg/kg will apply thereafter to maize flour, maize meal, maize grits and refined maize semolina400 μg/kg will apply thereafter to maize based foods for direct consumption200 μg/kg will apply thereafter to processed maize based foods for infants and young children and baby food.This category includes also similar products otherwise denominated such as semolina.Processed cereal-based foods for infants and young children and baby food as defined in Article 1 of Commission Directive 96/5/EC of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children (OJ L 49, 28.2.1996, p. 17) as last amended by Directive 2003/13/EC (OJ L 41, 14.2.2003, p. 33).The maximum level for processed cereal-based foods and baby food for infants and young children refers to the dry matter.2.6.FUMONISINS

Product	Maximum level FB1 + FB2(μg/kg)	Sampling method	Reference analysis method
2.6.1.Unprocessed maize	—	Directive 2005/38/EC	Directive 2005/38/EC
2.6.2.Maize grits, maize meal and maize flour	—	Directive 2005/38/EC	Directive 2005/38/EC
2.6.3.Maize-based foods for direct consumption with the exception of 2.6.2 and 2.6.4	—	Directive 2005/38/EC	Directive 2005/38/EC
2.6.4.Processed maize-based foods for infants and young children and baby food	—	Directive 2005/38/EC	Directive 2005/38/EC

The maximum level refers to the sum of T-2 and HT-2 toxin.For the purpose of the application of maximum levels of deoxynivalenol, zearalenone, fumonisins B1 and B2, T-2 and HT-2 toxin established in points 2.4, 2.5, 2.6 and 2.7 only, rice is not included in "cereals" and rice products not included in "cereal products".The maximum levels set for "unprocessed cereals" applies to cereals placed on the market for first-stage processing."First-stage processing" shall mean any physical or thermal treatment, other than drying, of or on the grain. Cleaning, sorting and drying procedures are not considered to be "first stage processing" insofar as no physical action is exerted on the grain kernel itself and the whole grain remains intact after cleaning and sorting.A maximum level will be fixed, if appropriate, before 1 July 2007.Data on the presence of T-2 and HT-2 toxin are for the time being limited. However, intake estimates indicate clearly that the presence of T-2 and HT-2 can be of concern for public health. Therefore, the development of a sensitive method, collection of more occurrence data and more investigations/research in the factors involved in the presence of T-2 and HT-2 in cereal and cereal products particularly in oats and oat products is necessary and of high priority."2.7.T-2 AND HT-2 TOXIN

Product	Maximum level(μg/kg)	Sampling method	Reference analysis method
2.7.1.Unprocessed cereals and cereal products	—	Directive 2005/38/EC	Directive 2005/38/EC

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See page 18 of this Official Journal.For the purpose of the application of maximum levels of deoxynivalenol, zearalenone, fumonisins B1 and B2, T-2 and HT-2 toxin established in points 2.4, 2.5, 2.6 and 2.7 only, rice is not included in "cereals" and rice products not included in "cereal products."The maximum levels set for "unprocessed cereals" applies to cereals placed on the market for first-stage processing. However, the maximum levels do apply for the cereals harvested and taken over, as from the 2005/2006 marketing year, in accordance with Commission Regulation (EC) No 824/2000 of 19 April 2000 establishing procedures for the taking-over of cereals by intervention agencies and laying down methods of analysis for determining the quality of cereals (OJ L 100, 20.4.2000, p. 31), as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50)."First-stage processing" shall mean any physical or thermal treatment, other than drying, of or on the grain.Cleaning, sorting and drying procedures are not considered to be "first stage processing" insofar as no physical action is exerted on the grain kernel itself and the whole grain remains intact after cleaning and sorting.If no specific level is fixed before 1 July 2007, the level of 1750 μg/kg will apply thereafter to maize referred to in this point.This category includes also similar products otherwise denominated such as semolina.Processed cereal-based foods for infants and young children and baby food as defined in Article 1 of Commission Directive 96/5/EC of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children (OJ L 49, 28.2.1996, p. 17) as last amended by Directive 2003/13/EC (OJ L 41, 14.2.2003, p. 33).The maximum level for processed cereal-based foods for infants and young children and baby food refers to the dry matter.For the purpose of the application of maximum levels of deoxynivalenol, zearalenone, fumonisins B1 and B2, T-2 and HT-2 toxin established in points 2.4, 2.5, 2.6 and 2.7 only, rice is not included in "cereals" and rice products not included in "cereal products."The maximum levels set for "unprocessed cereals" applies to cereals placed on the market for first-stage processing. However, the maximum levels do apply for the cereals harvested and taken over, as from the 2005/2006 marketing year, in accordance with Commission Regulation (EC) No 824/2000 establishing procedures for the taking over of cereals by intervention agencies and laying down methods of analysis for determining the quality of cereals (OJ L 100, 20.4.2000, p. 31), as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50)."First-stage processing" shall mean any physical or thermal treatment, other than drying, of or on the grain.Cleaning, sorting and drying procedures are not considered to be "first-stage processing" insofar no physical action is exerted on the grain kernel itself and the whole grain remains intact after cleaning and sorting.If no specific level is fixed before 1 July 2007, the level of200 μg/kg will apply thereafter to unprocessed maize200 μg/kg will apply thereafter to maize flour, maize meal, maize grits and refined maize oil50 μg/kg will apply thereafter to maize snacks and maize-based breakfast cereals20 μg/kg will apply thereafter to processed maize-based foods for infants and young children.This category includes also similar products otherwise denominated such as semolina.Processed cereal-based foods for infants and young children and baby food as defined in Article 1 of Commission Directive 96/5/EC of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children (OJ L 49, 28.2.1996, p. 17) as last amended by Directive 2003/13/EC (OJ L 41, 14.2.2003, p. 33).The maximum level for processed cereal-based foods for infants and young children and baby food refers to the dry matter.The maximum level applies to the sum of Fumonisin B1 (FB1) and Fumonisin B2 (FB2).The maximum level set for "unprocessed maize" applies to maize placed on the market for first-stage processing. However, the maximum levels do apply for the maize harvested and taken over, as from the 2006/2007 marketing year, in accordance with Commission Regulation (EC) No 824/2000 establishing procedures for the taking over of cereals by intervention agencies and laying down methods of analysis for determining the quality of cereals (OJ L 100, 20.4.2000, p. 31), as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50)."First-stage processing" shall mean any physical or thermal treatment, other than drying, of or on the grain.Cleaning, sorting and drying procedures are not considered to be "first stage processing" insofar as no physical action is exerted on the grain kernel itself and the whole grain remains intact after cleaning and sorting.If no specific level is fixed before 1 October 2007, the level of2000 μg/kg will apply thereafter to unprocessed maize1000 μg/kg will apply thereafter to maize flour, maize meal, maize grits and refined maize semolina400 μg/kg will apply thereafter to maize based foods for direct consumption200 μg/kg will apply thereafter to processed maize based foods for infants and young children and baby food.This category includes also similar products otherwise denominated such as semolina.Processed cereal-based foods for infants and young children and baby food as defined in Article 1 of Commission Directive 96/5/EC of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children (OJ L 49, 28.2.1996, p. 17) as last amended by Directive 2003/13/EC (OJ L 41, 14.2.2003, p. 33).The maximum level for processed cereal-based foods and baby food for infants and young children refers to the dry matter.The maximum level refers to the sum of T-2 and HT-2 toxin.For the purpose of the application of maximum levels of deoxynivalenol, zearalenone, fumonisins B1 and B2, T-2 and HT-2 toxin established in points 2.4, 2.5, 2.6 and 2.7 only, rice is not included in "cereals" and rice products not included in "cereal products".The maximum levels set for "unprocessed cereals" applies to cereals placed on the market for first-stage processing."First-stage processing" shall mean any physical or thermal treatment, other than drying, of or on the grain. Cleaning, sorting and drying procedures are not considered to be "first stage processing" insofar as no physical action is exerted on the grain kernel itself and the whole grain remains intact after cleaning and sorting.A maximum level will be fixed, if appropriate, before 1 July 2007.Data on the presence of T-2 and HT-2 toxin are for the time being limited. However, intake estimates indicate clearly that the presence of T-2 and HT-2 can be of concern for public health. Therefore, the development of a sensitive method, collection of more occurrence data and more investigations/research in the factors involved in the presence of T-2 and HT-2 in cereal and cereal products particularly in oats and oat products is necessary and of high priority."

Amendments and corrections
February 28, 2007	See 32001R0466
July 1, 2006	Application - See Art 2
June 27, 2005	Entry into force - Date pub. + 20 See Art 2

Commission Regulation (EC) No 856/2005 of 6 June 2005 amending Regulation (EC) No 466/2001 as regards Fusarium toxins (Text with EEA relevance)