LegalizeCommission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (Text with EEA relevance)
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 (1), undesirable substances as defined by Directive 2002/32/EC of the European Parliament and of the Council (2) shall be carried out in accordance with the methods set out in Annex I, with the exception of sampling for the control of microbiological contamination.
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 (3) and control of compliance with Regulation (EU) No 619/2011.
Article 2
Preparation of samples for analysis and expression of results shall be carried out in accordance with the methods set out in Annex II.
Article 3
Analysis for the official control of feed shall be carried out using the methods set out in Annex III (Methods of analysis to control the composition of feed materials and compound feed, Annex IV (Methods of analysis to control the level of authorised additives in feed), Annex V (Methods of analysis to control undesirable substances in feed) and Annex VI (Methods of analysis for the determination of constituents of animal origin for the official control of feed).
Article 4
The energy value of compound poultry feed shall be calculated in accordance with Annex VII.
Article 5
The methods of analysis to control illegal presence of no longer authorised additives in feed set out in Annex VIII shall be used for confirmatory purposes.
Article 6
Directives 71/250/EEC, 71/393/EEC, 72/199/EEC, 73/46/EEC, 76/371/EEC, 76/372/EEC, 78/633/EEC, 81/715/EEC, 84/425/EEC, 86/174/EEC, 93/70/EEC, 93/117/EC, 98/64/EC, 1999/27/EC, 1999/76/EC, 2000/45/EC, 2002/70/EC and 2003/126/EC are repealed.
References to the repealed Directives shall be construed as references to this Regulation and shall be read in accordance with the correlation tables in Annex IX.
Article 7
This Regulation shall enter into force on the twentieth day following that of 20th day following its publication in the Official Journal of the European Union.
It shall apply from 26 August 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
1. PURPOSE AND SCOPE
Samples intended for the official control of feed shall be taken according to the methods described below. Samples thus obtained shall be considered as representative of the sampled portions.
The purpose of representative sampling is to obtain a small fraction from a lot in such a way that a determination of any particular characteristic of this fraction will represent the mean value of the characteristic of the lot. The lot shall be sampled by repeatedly taking incremental samples at various single positions in the lot. These incremental samples shall be combined by mixing to form an aggregate sample from which representative final samples shall be prepared by representative dividing.
If by a visual inspection or based on other relevant information, portions of the feed to be sampled show a difference in quality from the rest of the feed from the same lot, such portions shall be separated from the rest of the feed and treated as a separate sublot. If it is not possible to divide the feed into separate sublots, the feed shall be sampled as one lot. In such cases, mention shall be made of this fact in the sampling report.
Where a feed sampled in accordance with the provisions of this Regulation is identified as not satisfying the EU requirements and is part of a lot of feed of the same class or description, it shall be presumed that all of the feed in that lot is so affected, unless following a detailed assessment there is no evidence that the rest of the lot fails to satisfy the EU requirements.
Sampling may also include feed offered for sale by feed business operators by means of distance communication in accordance with Article 11(3) of Regulation (EC) No 767/2009 of the European Parliament and of the Council (4). Sampling of feed offered for sale by means of distance communication shall in principle be subject to the points set out in this Annex. Specific aspects of the sampling of distance selling samples are described in point 11.
2. DEFINITIONS
— Lot (or batch): an identified quantity of feed determined to have common characteristics, such as origin, variety, type of packaging, packer, consignor or labelling, and in case of a production process, a unit of production from a single plant using uniform production parameters or a number of such units, when produced in continuous order and stored together.
— Sampled portion: A lot or an identified part of the lot or sublot.
— Sealed sample: a sample sealed in such a manner as to prevent any access to the sample without breaking or removing the seal.
— Incremental sample: A quantity taken from one point in the sampled portion.
— Aggregate sample: An aggregate of incremental samples taken from the same sampled portion.
— Reduced sample: A part of the aggregate sample, obtained from the latter by a process of representative reduction.
— Final sample: A part of the aggregate sample (mixed), of the reduced sample or of the homogenised aggregate sample, depending on the type of control (see point 9.4).
— Laboratory sample: a sample intended for the laboratory (as received by the laboratory) and can be the final, reduced or aggregate sample.
— Distance selling sample: Sample of a lot or batch of feed offered for sale by means of distance communication.
3. GENERAL PROVISIONS
— The samples shall be taken by persons authorised for that purpose by the competent authority.
— For a distance selling sample, a quantity of the feed shall be requested from the feed business operator by the competent authority by means of distance communication.
— 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.
— 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 or reduced sample, the following final samples are taken: one for control (enforcement) and one for the feed business operator (defence sample) must be taken. Eventually, one other final sample may be taken for reference. In case the complete aggregate sample is homogenised, the final samples are taken from the homogenised aggregate sample, unless such procedure conflicts with Member States’ rules as regards the right of the feed business operator.
— In accordance with Article 15, paragraphs 1 and 2, of Regulation (EU) 2017/625, when it is necessary for the performance of official sampling, feed business operators shall, where required by the competent authorities: — give the staff of the competent authorities access to the equipment under their control, including, when necessary, making available the proper sampling equipment and personal protective equipment, — assist and cooperate with the staff of the competent authorities in order to enable the sampling, including making feed accessible to the staff of the competent authorities.
4. APPARATUS
4.1. The sampling apparatus must be made of materials which cannot contaminate the products to be sampled. Apparatus which is intended to be used multiple times must be easy to clean to avoid any cross-contamination.
4.2. Apparatus recommended for the sampling of solid feed
4.2.1.1.Flat-bottomed sampling shovel with vertical sides.
4.2.1.2.Sampling spear with a long split or compartments. The dimensions of the sampling spear must be appropriate to the characteristics of the sampled portion (depth of container, dimensions of sack, etc.) and to the particle size of the feed.
In case the sampling spear has several apertures, in order to ensure that the sample is taken at the different locations alongside the spear, the apertures should be separated by compartments or sequentially staggered apertures.
Appropriate mechanical apparatus may be used for the sampling of moving feed. The mechanical apparatus shall be considered appropriate when at least the whole section of the flow is sampled.
Sampling of feed in motion (at high flow rates) can be performed by automatic samplers.
If possible and appropriate, apparatus designed to divide the sample into approximately equal parts should be used for the preparation of reduced samples in a representative way.
5. QUANTITATIVE REQUIREMENTS AS REGARDS THE NUMBER OF INCREMENTAL SAMPLES
— 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 following tables under points 5.1.1, 5.1.3 and 5.1.5 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 point, the sampling procedure as provided for in point 5.3 is to be applied.
— For distance selling samples, the size of the lot from which the quantity is requested is usually not known by the competent authority. Therefore, the procedure referred to in points 5.1 and 5.2 cannot be used. In this case, the procedure described in point 11 shall 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 point 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.
5.1. Quantitative requirements as regards incremental samples in relation to the control of substances or products uniformly distributed throughout the feed
| Size of sampled portion | Minimum number of incremental samples |
|---|---|
| ≤ 2,5 tonnes | 7 |
| > 2,5 tonnes | √ (20 times the number of tonnes making up the sampled portion) (*1), up to 40 incremental samples |
| (*1) Where the number obtained is a fraction, it shall be rounded up to the next whole number. | |
| Size of sampled portion | Minimum number of incremental samples |
| --- | --- |
| ≤ 2,5 tonnes or ≤ 2 500 litres | 4 (*1) |
| > 2,5 tonnes or > 2 500 litres | 7 (*1) |
| (*1) In case it is not possible to make the liquid homogeneous, the number of incremental samples has to be increased. |
Feed (solid and liquid) can be packaged in bags, sacks, cans, barrels, etc. which are referred to in the following table as units. Large units (≥ 500 kg or litres) have to be sampled in accordance with the provisions foreseen for loose feed (see 5.1.1 and 5.1.2).
| Size of sampled portion | Minimum number of units from which (at least) one incremental sample has to be taken (*1) |
|---|---|
| 1 to 20 units | 1 unit (*2) |
| 21 to 150 units | 3 units (*2) |
| 151 to 400 units | 5 units (*2) |
| > 400 units | ¼ of the √ (number of units making up the sampled portion) (*3), up to 40 units |
| (1) In the case where opening of a unit might affect the analysis (e.g. perishable wet feeds) an incremental sample shall be the unopened unit. (2) For units whose contents do not exceed 1 kg or one litre, an incremental sample shall be the contents of one original unit. (*3) Where the number obtained is a fraction, it shall be rounded up to the next whole number. |
Minimum one block or lick to be sampled per sampled portion of 25 units, up to a maximum of four blocks or licks.
For blocks or licks weighing not more than 1 kg each, an incremental sample shall be the contents of one block or one lick.
| Size of sampled portion | Minimum number of incremental samples (*1) |
|---|---|
| ≤ 5 tonnes | 5 |
| > 5 tonnes | √(5 times the number of tonnes making up the sampled portion) (*2), up to 40 incremental samples |
| (1) It is acknowledged that in certain situations (e.g. silages), it is not possible to take the required incremental samples without causing unacceptable damage to the lot. An alternative method of sampling may be applied in such situations and a guidance for sampling such lots has been elaborated which is available at https://food.ec.europa.eu/system/files/2016-10/animal-feed-guidance_documents_691_2013_en.pdf (2) Where the number obtained is a fraction, it shall be rounded up to the next whole number. |
5.2. Quantitative requirements as regards incremental samples in relation to the control of constituents or substances likely to be distributed non-uniformly in feed
These quantitative requirements as regards incremental samples are to be used in the following situations:
— 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.
In case the control authority has strong suspicion that such a non-uniform distribution occurs also in case of cross-contamination by a constituent or substance in a compound feed, the quantitative requirements as provided for in the following table can be applied.
| Size of sampled portion | Minimum number of incremental samples |
|---|---|
| < 80 tonnes | See quantitative requirements under 5.1. The number of incremental samples to be taken has to be multiplied by 2,5. |
| ≥ 80 tonnes | 100 |
In the case of large sampled portions (sampled portions > 500 tonnes), the number of incremental samples to be taken = 40 incremental samples + √tonnes in relation to the control of substances or products uniformly distributed throughout the feed or 100 incremental samples + √tonnes in relation to the control of constituents or substances likely to be distributed non-uniformly in feed.
6. QUANTITATIVE REQUIREMENTS AS REGARDS AGGREGATE SAMPLE
A single aggregate sample per sampled portion is required.
| Nature of feed | Minimum size of aggregate sample (1) (2) | |
|---|---|---|
| 6.1. | Loose feed | 4 kg |
| 6.2. | Packaged feed: | 4 kg (*3) |
| 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 | 4 kg |
| 6.4.2. | each weighing not more than 1 kg | weight of four original blocks or licks |
| 6.5. | Roughage/forage | 4 kg (*4) |
| (1) In case the sampled feed is of high value, a smaller quantity of aggregate sample can be taken on the condition this is described and documented in the sampling report. (2) In accordance with the provisions of Commission Regulation (EU) No 619/2011 of 24 June 2011 laying down the methods of sampling and analysis for the official control of feed as regards presence of genetically modified material for which an authorisation procedure is pending or the authorisation of which has expired (OJ L 166, 25.6.2011, p. 9), the aggregate sample for the control of the presence of genetically modified material must contain at least 35 000 seeds/grains. This means that for maize the size of the aggregate sample must be at least 10,5 kg and for soybean 7 kg. For other seeds and grains such as barley, millet, oat, rice, rye, wheat and rapeseed, the aggregate sample size of 4 kg corresponds to more than 35 000 seeds/grains. (3) In case of packaged feed, it may also not be possible to achieve the size of 4 kg for the aggregate sample depending on the size of the individual units. (4) In case it concerns roughage/forage with a low specific density (e.g. hay, straw), the aggregate sample should have a minimum size of 1 kg. |
7. QUANTITATIVE REQUIREMENTS AS REGARDS FINAL SAMPLES
Final samples
Analysis of at least one final sample is required. The amount in the final sample for analysis shall be not less than the following:
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