LegalizeCommission Delegated Regulation (EU) 2026/343 of 6 October 2025 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for poultrymeat, and repealing Commission Regulation (EC) No 543/2008
COMMISSION DELEGATED REGULATION (EU) 2026/343 of 6 October 2025 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for poultrymeat, and repealing Commission Regulation (EC) No 543/2008
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 75(2), Article 79, Article 86, point (a), and Article 89 thereof,
Whereas:
(1) In its communication of 20 May 2020 entitled ‘A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’ (2), the Commission announced the revision of marketing standards to provide for the uptake and supply of sustainable agricultural products and to reinforce the role of sustainability criteria taking into account the possible impact of these standards on food loss and waste. Within this context the existing poultrymeat marketing standards should also be modified taking into account technical developments and consumer demand and the evolution of avian influenza as a risk factor for producers of free range poultrymeat.
(2) Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/2007 (3). Part II, Title II, Chapter I, Section 1, of Regulation (EU) No 1308/2013 lays down rules on marketing standards for poultrymeat and empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the poultrymeat market in the new legal framework, certain rules have to be adopted by means of such acts. This Regulation and Commission Implementing Regulation (EU) 2026/344 (4) should replace Commission Regulation (EC) No 543/2008 (5), which should therefore be repealed.
(3) In order to allow for the smooth functioning of the poultrymeat market, marketing standards for poultrymeat should cover the classification criteria, the presentation, marking and packing requirements, the type of farming and production method, the preservation and handling, the use of optional reserved terms, the tolerance levels and the conditions for imports. Since all these aspects are closely interlinked, the rules on marketing standards for poultrymeat should be maintained as a coherent set of rules, and therefore be laid in one delegated act.
(4) In order to provide for the marketing of poultrymeat in different classes according to conformation and appearance, it is necessary to lay down definitions relating to species, age and presentation in the case of carcases, and anatomical conformation and content in the case of poultry cuts. In the case of the product known as ‘foie gras’ the high value and consequent risk of fraudulent practices make it necessary to lay down especially precise minimum marketing standards.
(5) It is not necessary for those standards to be applied to certain products and presentations which are of local or otherwise limited importance. However, names under which such products are sold should not be such as to mislead the consumer to a material degree by causing confusion him to confuse these products with products which are subject to the standards. Similarly, additional descriptive terms used to qualify the names of such products should also be subject to the standards.
(6) With a view to the uniform application of this Regulation, the terms ‘carcase’, ‘cuts’ and ‘marketing’ should be defined.
(7) Storage and handling temperature is of crucial importance to the maintenance of high standards of quality. Therefore, it is appropriate to lay down a minimum temperature at which chilled poultrymeat products are to be kept as well as on tolerances regarding such minimum temperature.
(8) Among the indications which may optionally be used on the labelling are those concerning the method of chilling and particular types of farming. The use of the latter, in the interest of consumer protection, needs to be subject to compliance with closely defined criteria concerning husbandry conditions, age at slaughter, length of fattening period or feed composition.
(9) When ‘free-range farming’ is indicated on the label for meat from ducks and geese kept for foie gras production, it is necessary also to provide an indication of the latter on the label to ensure that the consumer has full information on the products’ characteristics.
(10) In the interest of consumer protection, Member States should exercise permanent surveillance of the compatibility of poultrymeat products sold in their territories with Union law, including the marketing standards and any national measures adopted pursuant to those provisions. Undertakings using terms referring to particular types of farming should be inspected and maintain detailed records for this purpose.
(11) In view of the specialised nature of the inspections, the competent authorities of the Member States concerned should be able to delegate responsibility for them to properly qualified and duly licensed outside bodies, without prejudice to appropriate supervision and precautions. Rules should be laid down for this purpose.
(12) Operators in third countries may wish to make use of the optional indications concerning chilling methods and types of farming. In order to ensure that consumers benefit from accurate and reliable information, provision should be made for them to do so, subject to appropriate certification by the competent authority of the third country concerned, which appears on a list established by the Commission.
(13) In order to avoid consumer deception, and in view of economic and technological developments in the production of poultrymeat, the maximum water content of poultrymeat should be fixed and a monitoring system both in slaughterhouses and at all marketing stages should be defined without violating the principle of the free circulation of products in the single market.
(14) Water absorption in the production establishment should be verified and reliable methods for the determination of the content of water added during the preparation of carcases of frozen or quick-frozen poultry should be established without a distinction being made between physiological liquid and other water originating from the preparation of the poultry given that such a distinction would entail practical difficulties.
(15) The marketing of non-conforming poultrymeat without a suitable indication on the packaging should be prohibited. As a result, it is necessary to adopt rules with regard to the indications to be marked on individual and bulk packaging depending on their destination so as to facilitate checks and to ensure that they are not used other than for their intended use.
(16) Union and national reference laboratories should be designated for the harmonisation of requirements concerning water content,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation supplements Regulation (EU) No 1308/2013 with rules on the marketing standards for poultrymeat, in particular:
(a) the classification criteria and definitions;
(b) the presentation, marking and packing requirements;
(c) the type of farming and production method;
(d) the preservation and handling;
(e) the use of optional reserved terms;
(f) the tolerance levels;
(g) the conditions for imports.
Article 2
Scope
This Regulation applies to the products listed in this Article. Products other than those referred to in this Article may be marketed in the Union only under names which do not mislead the consumer by allowing confusion with those referred to in this Article or with indications provided for in Article 10, in compliance with the provisions laid down in Regulation (EU) No 1169/2011 of the European Parliament and of the Council (6).
For the purposes of this Regulation the products referred to in Article 75(1), point (g), of Regulation (EU) No 1308/2013 are defined as follows and the corresponding terms in the other official languages of the Union are listed in Annex I:
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
(a) ‘carcase’ means the whole body of a bird of the species referred to in Article 2, point (1), after bleeding, plucking and evisceration; however, removal of the kidneys shall be optional; an eviscerated carcase may be presented for sale with or without giblets, meaning heart, liver and gizzard, inserted into the abdominal cavity and with or without neck;
(b) ‘cuts thereof’ means poultrymeat, which owing to the size and the characteristics of the coherent muscle tissue is identifiable as having been obtained from a particular part of the carcase;
(c) ‘marketing’ means holding or displaying for sale, offering for sale, selling, delivery or any other form of marketing;
(d) ‘labelling’ refers to the definition set out in Article 2(2), point (j), of Regulation (EU) No 1169/2011.
Article 4
Presentation of poultry carcasses
Poultry carcases shall be presented for sale in one of the following forms:
(a) partially eviscerated (‘effilé’, ‘roped’);
(b) with giblets;
(c) without giblets.
The word ‘eviscerated’ may be added to the packaging.
Partially eviscerated carcases are carcases from which the heart, liver, lungs, gizzard, crop, and kidneys have not been removed.
For the carcase presentations referred to in paragraph 1, if the head is not removed, trachea, oesophagus and crop may remain in the carcase.
Giblets shall comprise only the heart, gizzard and liver, oviduct, yolks and ready to lay eggs obtained from spent hens at the slaughterhouse, and all other parts considered as edible by consumers on the market on which the product is intended for final consumption. Livers shall be without gall bladders. The gizzard shall be without the horned membrane, and the contents of the gizzard shall have been removed. The heart may be with or without the pericardial sac.
Article 5
Names of poultry carcasses and cuts
The names of the food within the meaning of Article 9(1), point (a), of Regulation (EU) No 1169/2011 under which the products covered by this Regulation are sold, shall be those laid down in Article 2 of this Regulation and the corresponding terms in the other official languages of the Union listed in Annex I to this Regulation, qualified in the case of:
(a) whole carcases, by reference to one of the forms of presentation as laid down in Article 4(1);
(b) poultry cuts, by reference to the respective species.
The names of products referred to in Article 2, points (1) and (2), may be supplemented by other terms provided that these terms comply with fair information practices referred to in Article 7 of Regulation (EU) No 1169/2011.
Article 6
Marketing, labelling and presentation of poultrymeat
In the case of pre-packaged poultrymeat, the condition in which the poultrymeat is marketed in accordance with Section III of Part V of Annex VII to Regulation (EU) No 1308/2013 shall appear on the pre-packaging or on a label attached thereto.
By way of derogation from paragraph 1, it shall not be necessary to indicate the particulars referred to in that provision in the case of poultrymeat delivered to cutting or processing establishments.
Article 7
Temperature of frozen poultrymeat
The following provisions shall apply to frozen poultrymeat as defined in point 3 of Section II of Part V of Annex VII to Regulation (EU) No 1308/2013:
The temperature of frozen poultrymeat shall be stable and maintained, at all points in the product, at – 12 °C or lower, with brief upward fluctuations of no more than 3 °C. These tolerances in the temperature of the product shall be permitted in accordance with good storage and distribution practice during local distribution and in retail display cabinets.
Article 8
Poultrymeat classes
Poultrymeat may be graded by quality as either class A or class B according to the conformation and appearance of the carcasses or cuts.
In order to be graded as classes A or B, poultry carcases and cuts shall be:
(a) intact, taking into account the presentation;
(b) clean, free from any visible foreign matter, dirt or blood;
(c) free of any foreign smell;
(d) free of visible bloodstains except those which are small and unobtrusive;
(e) free of protruding broken bones;
(f) free of severe contusions.
In the case of fresh poultry, there shall be no traces of prior chilling.
In addition to meeting the criteria laid down in paragraph 2, in order to be graded as class A, poultry carcases and cuts shall satisfy the following criteria:
(a) they shall be of good conformation. The flesh shall be plump, the breast well developed, broad, long and fleshy, and the legs shall be fleshy. On chickens, young ducks or ducklings and turkeys, there shall be a thin regular layer of fat on the breast, back and thighs. On cocks, hens, ducks and young geese, a thicker layer of fat is permissible. On geese, a moderate to thick fat layer shall be present all over the carcase. In the case of breast fillet, up to 2 % in weight of cartilage (flexible tip of sternum) can be accepted;
(b) a few small feathers, stubs (quill ends) and hairs (filoplumes) may be present on the breast, legs, back, foot joints and wing tips. In the case of boiling fowl, ducks, turkeys and geese, a few feathers, stubs (quill ends) and hairs (filoplumes) may also be present on other parts;
(c) some damage, contusion and discoloration is permitted provided that it is small and unobtrusive and not present on the breast or legs. The wing tip may be missing. A slight redness is permissible in wing tips and follicles;
(d) in the case of frozen or quick-frozen poultry there shall be no traces of freezer-burn as described in Annex III except those that are incidental, small and unobtrusive and not present on the breast or legs.
Article 9
Indication of chilling methods
An indication of the use of one of the following methods of chilling and the corresponding terms in the other official languages of the Union listed in Annex IV may appear on the labelling:
(a) air chilling: chilling of poultry carcases in cold air;
(b) air-spray chilling: chilling of poultry carcases in cold air interspersed with waterhaze or fine water spray;
(c) immersion chilling: chilling of poultry carcases in tanks of water or of ice and water, in accordance with the counterflow process.
Article 10
Optional reserved terms
Without prejudice to other labelling systems that cover other types of farming and that are regulated by Union legislation, the following terms and the corresponding terms in the other official languages of the Union listed in Annex V may appear on the labelling of the products referred to in Article 2, only if the relevant conditions laid down in Annex VI are fulfilled:
(a) ‘Fed with … % …’;
(b) ‘Extensive indoor’ (‘Barn-reared’);
(c) ‘Free range’;
(d) ‘Traditional free range’;
(e) ‘Free range – total freedom’.
The terms referred to in the first subparagraph may be supplemented by indications referring to the particular characteristics of the respective types of farming.
The only terms that can be used to designate products from livestock raised outdoors are those listed in the first paragraph, points (c), (d) and (e).
In respect of a product other than those meeting the conditions to be labelled with the indications listed in the first paragraph, points (c), (d), or (e) no label, commercial document, publicity material or any form of advertising or any form of presentation may be used which claims, implies or suggests that the product is from livestock raised outdoors.
When free-range production referred to in the first paragraph, points (c), (d) and (e), is indicated on the label for meat from ducks and geese kept for the production of foie gras, the term ‘from foie gras production’ shall also be indicated.
Mention of the age at slaughter or length of fattening period shall be permitted on the labelling only using the terms referred to in paragraph 1 and for an age of not less than that indicated in Annex VI, points (b), (c) or (d). However, this does not apply to products referred to in Article 2, point (1)(a)(iv).
Paragraphs 1 and 2 shall apply without prejudice to national technical measures going beyond the minimum requirements laid down in Annex VI, which are applicable only to producers of the Member State concerned, and provided that these national technical measures are compatible with Union law.
The national technical measures referred to in paragraph 3 shall be communicated to the Commission.
Member States may foresee the use, by food business operators, of terms other than those referred to in paragraphs 1 and 2 and set out in Annex VI, provided that:
(a) these terms are consistent with the method according to which the product is made, and do not mislead consumers;
(b) these terms do not create any confusion with the terms referred to in paragraphs 1 and 2;
(c) the product specifications are documented;
(d) appropriate checks are implemented under the scrutiny of the competent authorities of the concerned Member State.
Once the conditions referred to in paragraph 5 are met, Member States shall notify the Commission of these national terms before any use by food business operators. The Commission shall inform the other Member States of any notification of such terms and publish them on the Europa website.
At any time, and at the request of the Commission, Member States shall provide all the information necessary for assessing the compatibility with Union law of the national technical measures referred to in paragraph 3 and of the national terms referred to in paragraph 5.
Article 11
Records on optional reserved terms
Food business operators marketing products that use the terms referred to in Article 10(1) shall keep a separate record, by type of farming of:
(a) the names and addresses of the producers of such poultry, who shall be registered by the competent authority of the Member State;
(b) at the request of the competent authority, the number of birds kept by each producer per turnround;
(c) the number and total live or carcase weight of such birds delivered and processed;
(d) details of sales, including names and addresses of purchasers, for a minimum of 6 months following dispatch.
The producers referred to in paragraph 1, point (a), shall keep up-to-date records, for a minimum of 6 months following dispatch, of the number of birds by type of farming, including the number of birds sold, the name and addresses of the purchasers, and quantities and source of feed supply.
Producers using the types of farming referred to in Article 10(1), points (c), (d) and (e), shall, in addition to the information referred to in the first subparagraph of this paragraph, keep records of the date when birds were first given access to range.
Feed manufacturers and suppliers shall keep records for at least 6 months after dispatch of the feed showing that the composition of the feed supplied to the producers for the type of farming referred to in Article 10(1), point (a), complies with the corresponding requirements laid down in Annex VI.
Hatcheries shall keep records of birds of the strains recognised as slow growing supplied to the producers for the types of farming referred to in Article 10(1), points (d) and (e), for at least 6 months after dispatch of the birds.
Article 12
Supervision bodies for optional reserved terms
Bodies designated by Member States to supervise the indications referred to in Article 10 shall comply with the criteria set out in Norm ISO/IEC 17065 (7), and shall be licensed and supervised by competent authorities of the Member State concerned.
Article 13
Optional indications in imported poutrymeat
Poultrymeat imported from third countries may bear one or more of the optional indications referred to in Articles 9 and 10 if it is accompanied by a certificate issued by the competent authority of the country of origin attesting to the compliance of the products concerned with the relevant provisions of this Regulation.
On receipt of a request from a third country, the Commission shall establish a list of such authorities.
Article 14
Maximum water content in poultrymeat
Frozen and quick-frozen chicken carcasses may be marketed within the Union only if the water content, determined by the method of analysis laid down in Article 5 of Implementing Regulation (EU) 2026/344, does not exceed the technically unavoidable values set out in Annex VII to this Regulation.
The following fresh, frozen and quick-frozen poultry cuts may be marketed within the Union only if the water content, determined by the method of analysis laid down in Article 8 of Implementing Regulation (EU) 2026/344, does not exceed the technically unavoidable values set out in Annex VIII to this Regulation:
(a) chicken breast fillet, with or without wishbone, without skin;
(b) chicken breast, with skin;
(c) chicken thighs, drumsticks, legs, legs with a portion of the back, leg quarters, with skin;
(d) turkey breast fillet, without skin;
(e) turkey breast, with skin;
(f) turkey thighs, drumsticks, legs, with skin;
(g) deboned turkey leg meat, without skin.
The maximum levels of water absorbed in chicken carcasses in the slaughterhouses are laid down in Annex IX.
The competent authority of a Member State may authorise the marketing of poultrymeat not compliant with paragraphs 1 or 2 provided that the packaging is marked with a tape or label bearing, in red capital letters, at least one of the indications laid down in Annex X.
These indications shall be marked in a conspicuous place so as to be easily visible, clearly legible and indelible. They shall not be in any way hidden, obscured or interrupted by other written or pictorial matter. The letters shall be at least 1 cm high on the individual packaging and 2 cm on bulk packaging.
Article 15
Notification of checks on water content
The competent authorities of the Member States shall inform the national reference laboratory without delay about the results of the checks referred to in Articles 5, 6 and 7 of Implementing Regulation (EU) 2026/344, carried out by them or under their responsibility.
By 30 June of each year, the national reference laboratories shall notify the Commission of the results of checks referred to in Articles 5, 6 and 7 of Implementing Regulation (EU) 2026/344. The committee referred to in Article 229(1) of Regulation (EU) No 1308/2013 shall be informed by the Commission of the results of the checks.
The Member States shall adopt all necessary measures for the checks referred to in Articles 5, 6 and 7 of Implementing Regulation (EU) 2026/344. They shall inform the other Member States and the Commission of these measures. Any changes to these measures shall be communicated to the other Member States and to the Commission.
Article 16
Board of experts in monitoring water content
A board of experts in monitoring water content in poultrymeat shall act as a coordinating body for the testing activities of the national reference laboratories. It shall consist of representatives of the Commission and national reference laboratories. The tasks of the board and of national reference laboratories, as well as the organisational structure of the board, are set out in Annex XI.
Article 17
Repeal
Regulation (EC) No 543/2008 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and to Implementing Regulation (EU) 2026/344, as appropriate, and be read in accordance with the correlation table set out in Annex XII to this Regulation.
Article 18
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Brussels, 6 October 2025.
For the Commission The President Ursula VON DER LEYEN
(1) OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj.
(2) COM(2020) 381 final.
(3) Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1, ELI: http://data.europa.eu/eli/reg/2007/1234/oj).
(4) Commission Implementing Regulation (EU) 2026/344 of 6 October 2025 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for poultrymeat (OJ L, 2026/344, 17.2.2026, ELI: http://data.europa.eu/eli/reg_impl/2026/344/oj).
(5) Commission Regulation (EC) No 543/2008 of 16 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat (OJ L 157, 17.6.2008, p. 46, ELI: http://data.europa.eu/eli/reg/2008/543/oj).
(6) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18, ELI: http://data.europa.eu/eli/reg/2011/1169/oj).
(7) ISO/IEC 17065:2012 Conformity assessment – Requirements for bodies certifying products, processes and services.
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