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(2) Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/2007 (3).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Regulation (EU) 2026/344 (4) should replace Commission Regulation (EC) No 543/2008 (5), which should therefore be repealed.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

(a) partially eviscerated (‘effilé’, ‘roped’);

(b) with giblets;

(c) without giblets.

Article 5

Names of poultry carcasses and cuts

(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.

Article 6

Marketing, labelling and presentation of poultrymeat

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

(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.

(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

(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.

(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.