Amendment of the principal Regulations
5. After regulation 4 there shall be inserted—
“Sampling, analysis and modification of Article 29 of the Order
4A.—(1) In its application to the taking, for the purposes of these Regulations, of a sample of any food described in point I.2.1 of the Annex to the Commission Regulation, Article 29 of the Order shall be modified so as to limit the power to take samples under paragraph (b) of that Article to the taking of samples in accordance with the methods of taking samples described, or referred to, in Annex I to Directive 98/53/EC(1).
(2) An authorised officer who has procured a sample of any food of a description in point I.2.1. of the Annex to the Commission Regulation under Article 29(b) of the Order, as modified by paragraph (1), shall ensure—
(a)that the sample is prepared in accordance with—
(i)paragraphs 1.1, 2 and 3 of Annex II to Directive 98/53/EC; and
(ii)in the case of whole nuts, paragraph 1.2 of that Annex;
(b)that any analysis of the sample is carried out in accordance with methods of analysis which—
(i)if possible, comply with paragraphs 1 and 2 of the Annex to Council Directive 85/591 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption(2); and
(ii)meet the criteria specified in paragraph 4.3 of Annex II to Directive 98/53/EC as read with the notes thereto;
(c)that any analysis is carried out by a laboratory which complies with Council Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs(3); and
(d)that the reporting of the result of the analysis of that sample—
(i)makes use of the definitions in paragraph 4.1 of Annex II to Directive 98/53/EC; and
(ii)is in accordance with paragraph 4.4 of that Annex.”.
Paragraphs 5.4.1. and 5.5.1.1 of Annex I to Directive 98/53/EC refer, in relation to the products covered by them, to sampling in accordance with Commission Decision 91/180/EEC (O.J. No. L93, 13.4.91, p. 1) laying down certain methods of analysis and testing of raw milk and heat-treated milk and Commission Directive 87/524/EEC (O.J. No. L306, 28.10.87, p. 24) laying down Community methods of sampling for chemical analysis for the monitoring of preserved milk products
O.J. No. L372, 31.12.85, p. 50
O.J. No. L290, 24.11.93, p. 14