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Commission Regulation (EC) No 37/2005Show full title
Commission Regulation (EC) No 37/2005 of 12 January 2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption (Text with EEA relevance)
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Article 1Subject matter and scope
This Regulation concerns the monitoring of the temperature in the means of transport, warehousing and storage used for quick-frozen foodstuffs.
Article 2Monitoring and recording of the temperature
1.The means of transport, warehousing and storage of quick-frozen foodstuffs shall be fitted with suitable recording instruments to monitor, at frequent and regular intervals, the air temperature to which the quick-frozen foodstuffs are subjected.
2.From 1 January 2006, all measuring instruments used for the purpose of monitoring the temperature, as provided for in paragraph 1, shall comply with EN 12830, EN 13485 and EN 13486 standards. Food operators shall keep all relevant documents permitting verification that the instruments referred to above conform to the relevant EN standard.
However, measuring instruments installed up to 31 December 2005, according to legislation in force before the adoption of this Regulation, may continue to be used until 31 December 2009 at the latest.
3.Temperature recording shall be dated and stored by the food operator for a period of at least one year, or for a longer period taking into account the nature and the shelf life of the quick-frozen foodstuffs.
Article 3Derogations from Article 2
1.By way of derogation from Article 2, the air temperature during storage in retail display cabinets, and in the course of local distribution, shall only be measured by at least one easily visible thermometer.
In the case of open retail cabinets:
(a)the maximum load line of the cabinet shall be clearly marked;
(b)the thermometer shall indicate the temperature at the air return side at the level of that mark.
2.The competent authority may grant derogations from the requirement laid down in Article 2 in the case of cold store facilities of less than 10 m3 for storing stock in retail outlets, so as to permit the air temperature to be measured by an easily visible thermometer.
Article 4Repeal
Commission Directive 92/1/EEC is repealed.
Article 5Entry into force and applicability
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
However, for transport by rail it shall apply from 1 January 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 January 2005.
For the Commission
Markos Kyprianou
Member of the Commission
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