(1) Article 1 is replaced by the following: "Article 1 Sampling for the official control of feed, in particular as regards the determination of constituents, including material which contains or consists of or is produced from genetically modified organisms (GMOs), feed additives as defined by Regulation (EC) No 1831/2003 of the European Parliament and of the Council , undesirable substances as defined by Directive 2002/32/EC of the European Parliament and of the CouncilOJ L 268, 18.10.2003, p. 29 . shall be carried out in accordance with the methods set out in Annex I.OJ L 140, 30.5.2002, p. 10 .The method of sampling set out in Annex I is applicable for the control of feed as regards the determination of pesticide residues as defined in Regulation (EC) No 396/2005 of the European Parliament and of the Council and control of compliance with Regulation (EU) No 619/2011.OJ L 70, 16.3.2005, p. 1 .";----------------------OJ L 268, 18.10.2003, p. 29 .OJ L 140, 30.5.2002, p. 10 .OJ L 70, 16.3.2005, p. 1 .";(2) Annex I is replaced by the text set out in Annex I to this Regulation; (3) Annex II is replaced by the text set out in Annex II to this Regulation.
Commission Regulation (EU) No 691/2013 of 19 July 2013 amending Regulation (EC) No 152/2009 as regards methods of sampling and analysis Text with EEA relevance
Sampling personnel: the samples shall be taken by persons authorised for that purpose by the competent authority. The sample has to be sealed in such a manner as to prevent any access to the sample without breaking or removing the seal. The seal’s mark should be clearly identifiable and clearly visible. Alternatively, the sample can be put in a recipient which can be closed in such a manner that it cannot be opened without irreversibly damaging the receptacle or container, avoiding the re-use of the receptacle or container. Identification of the sample: the sample has to be indelibly marked and must be identified in such a way that there is an unambiguous link to the sampling report. From each aggregate sample at least two final samples are taken: at least one for control (enforcement) and one for the feed business operator (defence). Eventually, one final sample may be taken for reference. In case the complete aggregate sample is homogenized, the final samples are taken from the homogenized aggregate sample, unless such procedure conflicts with Member States’ rules as regards the right of the feed business operator.
The quantitative requirements in points 5.1 and 5.2 as regards the number of incremental samples are applicable for sampled portion sizes up to a maximum of 500 tonnes and which can be sampled in a representative way. The sampling procedure described is equally valid for quantities larger than prescribed maximum sampled portion size provided that the maximum number of incremental samples given in the tables below is ignored, the number of incremental samples being determined by the square-root formula given in the appropriate part of the procedure (see point 5.3) and the minimum aggregate sample size increased proportionally. This does not prevent a large lot being divided into smaller sublots and each sublot sampled in accordance with the procedure described in points 5.1 and 5.2. The size of the sampled portion must be such that each of its constituent parts can be sampled. For very large lots or sublots (> 500 tonnes) and for lots which are transported or stored in such a way that sampling cannot be done in accordance with the sampling procedure provided for in points 5.1 and 5.2 of this chapter, the sampling procedure as provided for in point 5.3 is to be applied. In case the feed business operator is required by legislation to comply with this Regulation within the frame of a mandatory monitoring system, the feed business operator may deviate from the quantitative requirements as provided for in this chapter to take into account operational characteristics on the condition that the feed business operator has demonstrated to the satisfaction of the competent authority the equivalence of the sampling procedure as regards representativeness and after authorisation from the competent authority. In exceptional cases, if it is not possible to carry out the method of sampling set out as regards the quantitative requirements because of the unacceptable commercial damage to the lot (because of packaging forms, means of transport, way of storage etc.) an alternative method of sampling may be applied provided that it is as representative as possible and is fully described and documented.
Size of sampled portion | Minimum number of incremental samples |
---|---|
≤ 2,5 tonnes | |
> 2,5 tonnes | √ 20 times the number of tonnes making up the sampled portion |
Size of sampled portion | Minimum number of incremental samples |
---|---|
≤ 2,5 tonnes or ≤ | |
> 2,5 tonnes or > |
Size of sampled portion | Minimum number of units from which (at least) one incremental sample has to be taken |
---|---|
1 to 20 units | 1 unit |
21 to 150 units | 3 units |
151 to 400 units | 5 units |
> 400 units | ¼ of the √ number of units making up the sampled portion |
Size of sampled portion | Minimum number of incremental samples |
---|---|
≤ 5 tonnes | |
> 5 tonnes | √ 5 times the number of tonnes making up the sampled portion |
control of aflatoxins, rye ergot, other mycotoxins and harmful botanical impurities in feed materials; control of cross contamination by a constituent, including GM material, or substance for which non-uniform distribution is expected in feed materials.
Size of sampled portion | Minimum number of incremental samples |
---|---|
< 80 tonnes | See quantitative requirements under point 5.1. The number of incremental samples to be taken has to be multiplied by 2,5. |
≥ 80 tonnes |
A single aggregate sample per sampled portion is required. | ||
---|---|---|
Nature of feed | Minimum size of aggregate sample | |
6.1. | Loose feed | |
6.2. | Packaged feed: | |
6.3. | Liquid or semi-liquid feed: | 4 litres |
6.4. | Feed blocks or mineral licks: | |
6.4.1. | each weighing more than 1 kg | |
6.4.2. | each weighing not more than 1 kg | weight of four original blocks or licks |
6.5. | Roughage/forage |
Solid feed | |
Liquid or semi-liquid feed |
Each sample shall be put into an appropriate container/receptacle. All necessary precautions shall be taken to avoid any change of composition of the sample, contamination or adulteration which might arise during transportation or storage. In case of the control of constituents or substances uniformly distributed throughout the feed, the aggregate sample can be representatively reduced to at least 2,0 kg or 2,0 litres (reduced sample) preferably either by using a mechanical or automatic divider. For the control of the presence of pesticide residues in pulses, cereal grains and tree nuts, the minimum size of the reduced sample shall be 3 kg. In case the nature of the feed does not allow using a divider or the divider is not available, then the sample can be reduced by the quartering method. From the reduced samples the final samples (for control, defence and reference) shall then be prepared of approximately the same amount and conforming to the quantitative requirements of chapter 7. In case of the control of constituents, including genetically modified material, or substances likely to be distributed non-uniformly in feed materials, the aggregate sample shall be:Except in the case of roughage or forage with low specific gravity. completely homogenized and divided afterwards into final samples or reduced to at least 2 kg or 2 litres by using a mechanical or automatic divider. Only in the case that the nature of the feed does not allow for using a divider, the sample can, if necessary, be reduced by quartering method. For the control of the presence of genetically modified material in the frame of Regulation (EU) No 619/2011, the reduced sample must contain at leastExcept in the case of roughage or forage with low specific gravity." 35000 seeds/grains to enable to obtain the final samples for enforcement, defence and reference of at least10000 seeds grain (see footnote (**) in chapter 6 and footnote (*) in chapter 7).
Mix the sieved final sample and collect it in a suitable clean, dry container fitted with an air-tight stopper. Mix again in order to ensure full homogenisation, immediately before weighing out the amount for analysis (test aliquot).
Unless otherwise specified in the methods of analysis, dry the final sample to bring its moisture content down to a level of 8 to 12 %, according to the preliminary drying procedure described under point 4.3 of the method of determination of moisture mentioned in Part A of Annex III). Then proceed as indicated in section 3.1.1.
Collect the final sample in a suitable clean, dry container, fitted with an air-tight stopper. Mix thoroughly in order to ensure full homogenisation immediately before weighing out the amount for analysis (test aliquot).
Final samples which cannot be prepared according to one of the above procedures shall be treated by any other procedure which ensures that the amounts weighed out for the analysis (test aliquot) are homogeneous and representative of the final samples.
In case of an examination by visual inspection (without making use of microscope), the whole laboratory sample is used for examination. In case of a microscopic examination, the laboratory may reduce the aggregate sample, or further reduce the reduced sample. The final samples for defence and eventually reference purposes are taken following a procedure equivalent to the procedure followed for the final sample for enforcement. In case the whole aggregate sample is homogenized, the final samples are taken from the homogenized aggregate sample.
(a) corrected for recovery, the level of recovery being indicated. The correction for recovery is not necessary in case the recovery rate is between 90-110 %. (b) as "x +/– U", whereby x is the analytical result and U is the expanded measurement uncertainty, using a coverage factor of 2 which gives a level of confidence of approximately 95 %.