Commission Regulation (EC) No 543/2008Show full title

Article 1 E+W

The products referred to in [F1 the fourth paragraph (Poultry and poultrymeat) of Schedule 4 to the Agriculture Act 2020, excluding live poultry,][F2 paragraph 17(1)(d) (poultry and poultrymeat) of Schedule 5 to the Agriculture Act 2020, excluding live poultry][F3 section 10(1)(d) of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020, excluding live poultry,] are hereby defined as follows:

1.

Poultry carcases

(a)

DOMESTIC FOWL (Gallus domesticus)

• chicken, broiler: fowl in which the tip of the sternum is flexible (not ossified),

• cock, hen, casserole or boiling fowl: fowl in which the tip of the sternum is rigid (ossified),

• capon: male fowl castrated surgically before reaching sexual maturity and slaughtered at a minimum age of 140 days: after castration the capons must be fattened for at least 77 days,

• poussin, coquelet: chicken of less than 650 g carcase weight (expressed without giblets, head and feet); chicken of 650 g to 750 g may be called ‘poussin’ if the age at slaughter does not exceed 28 days. [F4 Article 12 may be applied] for the checking of this slaughter age,

• young cock: male chicken of laying strains in which the tip of the sternum is rigid but not completely ossified and of which the age at slaughter is at least 90 days;

(b)

TURKEYS (Meleagris gallopavo dom.)

• (young) turkey: bird in which the tip of the sternum is flexible (not ossified),

• turkey: bird in which the tip of the sternum is rigid (ossified);

(c)

DUCKS (Anas platyrhynchos dom., Cairina muschata), Mulard ducks (Cairina muschata x Anas platyrhynchos)

• young duck or duckling, (young) Muscovy duck, (young) Mulard duck: bird in which the tip of the sternum is flexible (not ossified),

• duck, Muscovy duck, Mulard duck: bird in which the tip of the sternum is rigid (ossified);

(d)

GEESE (Anser anser dom.)

• (young) goose or gosling: bird in which the tip of the sternum is flexible (not ossified). The fat layer all over the carcase is thin or moderate; the fat of the young goose may have a colour indicative of a special diet,

• goose: bird in which the tip of the sternum is rigid (ossified); a moderate to thick fat layer is present all over the carcase;

(e)

GUINEA FOWL (Numida meleagris domesticus)

• (young) guinea fowl: bird in which the tip of the sternum is flexible (not ossified),

• guinea fowl: bird in which the tip of the sternum is rigid (ossified).

For the purpose of this Regulation, variants of the terms used in (a) to (e) relating to sex shall be construed as equivalent.

2.

Poultry cuts

(a)

half: half of the carcase, obtained by a longitudinal cut in a plane along the sternum and the backbone;

(b)

quarter: leg quarter or breast quarter, obtained by a transversal cut of a half;

(c)

unseparated leg quarters: both leg quarters united by a portion of the back, with or without the rump;

(d)

breast: the sternum and the ribs, or part thereof, distributed on both sides of it, together with the surrounding musculature. The breast may be presented as a whole or a half;

(e)

leg: the femur, tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints;

(f)

chicken leg with a portion of the back: the weight of the back does not exceed 25 % of that of the whole cut;

(g)

thigh: the femur together with the surrounding musculature. The two cuts shall be made at the joints;

(h)

drumstick: the tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints;

(i)

wing: the humerus, radius, and ulna, together with the surrounding musculature. In the case of turkey wings, humerus or radius/ulna together with the surrounding musculature may be presented separately. The tip, including the carpal bones, may or may not have been removed. The cuts shall be made at the joints;

(j)

unseparated wings: both wings united by a portion of the back, where the weight of the latter does not exceed 45 % of that of the whole cut;

(k)

breast fillet: the whole or half of the breast deboned, i.e. without sternum and ribs. In the case of turkey breast, the fillet may comprise the deep pectoral muscle only;

(l)

breast fillet with wishbone: the breast fillet without skin with the clavicle and the cartilaginous point of the sternum only, the weight of clavicle and cartilage not to exceed 3 % of that of the cut;

(m)

magret, maigret: breast fillet of ducks and geese referred to in point (3) comprising skin and subcutaneous fat covering the breast muscle, without the deep pectoral muscle;

(n)

deboned turkey leg meat: turkey thighs and/or drumsticks, deboned, i.e. without femur, tibia and fibula, whole, diced or cut into strips.

For the products listed under (e), (g) and (h) the wording ‘cuts shall be made at the joints’ is to mean cuts made within the two lines delineating the joints as shown in the graphical presentation in Annex II.

Products listed under (d) to (k) may be presented with or without skin. The absence of the skin in the case of products listed under (d) to (j) or the presence of the skin in the case of the product listed under (k) shall be mentioned on the labelling within the meaning of [F5 Article 2(2)(j) of Regulation (EU) No 1169/2011].

3.

Foie gras

The livers of geese, or of ducks of the species Cairina muschata or Cairina muschata x Anas platyrhynchos which have been fed in such a way as to produce hepatic fatty cellular hypertrophy.

The birds from which such livers are removed shall have been completely bled, and the livers shall be of a uniform colour.

The livers shall be of the following weight:

• duck livers shall weigh at least 300 g net,

• goose livers shall weigh at least 400 g net.

Textual Amendments

F1 Words in Art. 1 substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 5(2)

F2 Words in Art. 1 substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 2(2)

F3 Words in Art. 1 substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 3(2)

F4 Words in Art. 1(1)(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 1(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K.

For the purposes of this Regulation:

(a) ‘carcase’ means the whole body of a bird of the species referred to in Article 1(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, gizzard and neck, inserted into the abdominal cavity;

(b) ‘cuts thereof’ means poultry meat 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) ‘pre-packaged poultry meat’ means poultry meat presented in accordance with the conditions laid down in [F6 Article 2(2)(e) of Regulation (EU) No 1169/2011];

(d) ‘poultry meat without pre-packaging’ means poultry meat presented for sale to the final consumer without pre-packaging or else packed at the place of sale at the latter’s request;

(e) ‘marketing’ means holding or displaying for sale, offering for sale, selling, delivery or any other form of marketing;

(f) ‘batch’ means poultry meat of the same species and type, the same class, the same production run, from the same slaughterhouse or cutting plant, situated in the same place, which is to be inspected. For the purposes of Article 9 and Annexes V and VI, a batch shall only comprise pre-packages of the same nominal weight category;

[F7 (g) ‘third country’ means any country or territory other than—

(i) the United Kingdom,

(ii) the Bailiwick of Guernsey,

(iii) the Bailiwick of Jersey, or

(iv) the Isle of Man;

(h) ‘relevant authority’ means:

(i) in relation to England, the Secretary of State,

(ii) in relation to Scotland, the Scottish Ministers,

(iii) in relation to Wales, the Welsh Ministers;

(i) ‘national reference laboratory’ means a laboratory designated in accordance with Article 100 of Regulation (EU) 2017/625.]

Textual Amendments

F6 Words in Art. 2(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 2(g)(h)(i) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(3)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(18)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K.

1. Poultry carcases shall, in order to be marketed in accordance with this Regulation, be presented for sale in one of the following forms:

• partially eviscerated (‘effilé’, ‘roped’),

• with giblets,

• without giblets.

The word ‘eviscerated’ may be added.

2. Partially eviscerated carcases are carcases from which the heart, liver, lungs, gizzard, crop, and kidneys have not been removed.

3. For all carcase presentations, if the head is not removed, trachea, oesophagus and crop may remain in the carcase.

4. Giblets shall comprise only the following:

The heart, neck, gizzard and liver, and all other parts considered as edible by 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. If the neck remains attached to the carcase, it is not considered as one of the giblets.

Where one of these four organs is customarily not included with the carcase for sale, its absence shall be mentioned on the labelling.

5. In addition to complying with national legislation [F8 made in accordance with Regulation (EU) No 1169/2011], the following further indications shall be shown on the accompanying commercial documents [F9 referred to in Article 8(7) of that Regulation]:

F10 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the condition in which the poultry meat is marketed in accordance with [F11 points 2(2) to (4) of Part 5 of Annex 7 to Regulation (EU) No 1308/2013] and the recommended storage temperature.

Textual Amendments

F8 Words in Art. 3(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 3(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 3(5)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 3(5)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K.

1. [F12 The names under which the products covered by this Regulation are sold, within the meaning of [F13 Article 9(1)(a) of Regulation (EU) No 1169/2011], shall be those enumerated in Article 1 of this Regulation F14 ..., qualified in the case of:

• whole carcases, by reference to one of the forms of presentation as laid down in Article 3(1) of this Regulation,

• poultry cuts, by reference to the respective species.]

[F15 The terms referred to in the first subparagraph must appear in English, but may also appear in any other language.]

2. The names defined in points (1) and (2) of Article 1 may be supplemented by other terms provided that the latter do not mislead the consumer to a material degree and in particular do not allow confusion with other products listed in points (1) and (2) of Article 1 or with indications provided for in Article 11.

Textual Amendments

F12 Art. 4(1): By The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(5)(a), it is provided that (31.12.2020) the existing text becomes the first subparagraph; 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 4(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 4(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 4(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K.

1. Products other than those defined in Article 1 may be marketed in [F16 Great Britain] only under names which do not mislead the consumer to a material degree by allowing confusion with those referred to in Article 1 or with indications provided for in Article 11.

2. In addition to complying with national legislation adopted in accordance with [F17 Regulation (EU) No 1169/2011], the labelling, presentation and advertising of poultry meat intended for the final consumer shall comply with the additional requirements set out in paragraphs 3 and 4 of this Article.

3. In the case of fresh poultry meat, the date of minimum durability shall be replaced by the ‘use by’ date in accordance with [F18 Article 24 of Regulation (EU) No 1169/2011].

4. In the case of pre-packaged poultry meat, the following particulars shall also appear on the pre-packaging or on a label attached thereto:

F19 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the case of fresh poultry meat, the total price and the price per weight unit at the retail stage;

(c) the condition in which the poultry meat is marketed in accordance with [F20 point 3 of Part 5 of Annex 7 to Regulation (EU) No 1308/2013] and the recommended storage temperature;

(d) the registered number of the slaughterhouse or cutting plant in accordance with Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council(1), except in the case of cutting and boning at the place of sale as provided for in Article 4(2)(d) of that Regulation;

(e) in the case of poultry meat imported from third countries, an indication of the country of origin.

5. Where poultry meat is offered for sale without pre-packaging, except where cutting and boning take place at the place of sale as provided for in Article 4(2)(d) of Regulation (EC) No 853/2004, provided such cutting and boning is carried out at the request and in the presence of the consumer, [F21 Article 44 of Regulation (EU) No 1169/2011] shall apply to the indications referred to in paragraph 4.

6. By way of derogation from Article 3(5) and paragraphs 2 to 5 of this Article, it shall not be necessary to classify poultry meat or to indicate the additional particulars referred to in those Articles in the case of deliveries to cutting or processing establishments.

Textual Amendments

F16 Words in Art. 5(1) substituted (31.12.2020) by S.I. 2019/1422, regs. 1, 8(6)(a) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(18)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 5(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 5(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

F19 Art. 5(4)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(6)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 5(4)(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(6)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 5(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(6)(e); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K.

The following additional provisions shall apply to frozen poultry meat as defined in [F22 point 2(3) of Part 5 of Annex 7 of Regulation 1308/2013]:

The temperature of frozen poultry meat concerned by this Regulation must 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.

Textual Amendments

F22 Words in Art. 6 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(7); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K.

1. In order to be graded as classes A and B, poultry carcases and cuts covered by this Regulation shall meet the following minimum requirements, i.e. they 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.

2. In order to be graded as class A, poultry carcases and cuts shall in addition 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;

(b) a few small feathers, stubs (quill ends) and hairs (filoplumes) may be present on the breast, legs, back, footjoints and wing tips. In the case of boiling fowl, ducks, turkeys and geese, a few 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(2) except those that are incidental, small and unobtrusive and not present on the breast or legs.

Article 8 U.K.

1. Decisions arising from failure to comply with Articles 1, 3 and 7 may only be taken for the whole of the batch which has been checked in accordance with the provisions of this Article.

2. A sample consisting of the following numbers of individual products as defined in Article 1 shall be drawn at random from each batch to be inspected in slaughterhouses, cutting plants, wholesale and retail warehouses or at any other stage of marketing, including during transport or, in the case of imports from third countries, at the time of customs clearance:

a Tolerance within each species, not from one species to another.
Batch size	Sample size	Tolerable number of defective units
		Total	For points (1)a and (3) of Article 1, and Article 7(1)
1	2	3	4
100 to 500	30	5	2
501 to 3 200	50	7	3
> 3 200	80	10	4

3. In the checking of a batch of class A poultrymeat, the total tolerable number of defective units referred to in column 3 of the table in paragraph 2 is allowed. These defective units may also comprise, in the case of breast fillet, fillets with up to 2 % in weight of cartilage (flexible tip of sternum).

However, the number of defective units not complying with the provisions of points (1) and (3) of Article 1, nor Article 7(1), shall not exceed the figures shown in column 4 of the table in paragraph 2.

As regards point (3) of Article 1, no defective unit shall be considered tolerable unless it be of a weight of at least 240 g in the case of duck livers and of at least 385 g in the case of goose livers.

4. In the checking of a batch of class B poultrymeat, the tolerable number of defective units shall be doubled.

5. Where the checked batch does not comply, the supervising agency shall prohibit its marketing or, if the batch comes from a third country, its import, unless and until proof is forthcoming that it has been made to comply with Articles 1 and 7.

Article 9 U.K.

1. Frozen or quick-frozen poultrymeat pre-packaged within the meaning of Article 2 of Directive 76/211/EEC F23 ... may contain:

• one poultry carcase, or

• one or more poultry cuts of the same type and species, as defined in Article 1.

2. All pre-packages shall in accordance with paragraphs 3 and 4 bear an indication of the weight of the product, known as ‘nominal weight’, which they are required to contain.

3. Pre-packages of frozen or quick-frozen poultrymeat may be classified by categories of nominal weights as follows:

(a) carcases:

• (a) < 1 100 g: classes of 50 g (1 050 — 1 000 — 950, etc.),

• 1 100 — < 2 400 g: classes of 100 g (1 100 — 1 200 — 1 300, etc.),

• ≥ 2 400 g: classes of 200 g (2 400 — 2 600 — 2 800, etc.);

(b) cuts:

• (b) < 1 100 g: classes of 50 g (1 050 — 1 000 — 950, etc.),

• ≥ 1 100 g: classes of 100 g (1 100 — 1 200 — 1 300, etc.).

4. Pre-packages referred to in paragraph 1 shall be made up in such a way that they satisfy the following requirements:

(a) the actual contents shall not be less, on average, than the nominal weight;

(b) the proportion of pre-packages having a negative error greater than the tolerable negative error laid down in paragraph 9 shall be sufficiently small for batches of pre-packages to satisfy the requirements of the tests specified in paragraph 10;

(c) no pre-package having a negative error greater than twice the tolerable negative error given in paragraph 9 shall be marketed.

For the purpose of applying this Regulation, the definitions of nominal weight, actual content and negative error laid down in Annex I to Directive 76/211/EEC shall apply.

5. Regarding responsibility of the packer or importer of frozen or quick-frozen poultrymeat and checks to be carried out by competent authorities, points 4, 5 and 6 of Annex I to Directive 76/211/EEC apply mutatis mutandis.

6. The checking of pre-packages shall be carried out by sampling and shall be in two parts:

• a check covering the actual content of each pre-package in the sample,

• a check on the average actual contents of the pre-packages in the sample.

A batch of pre-packages shall be considered acceptable if the results of both these checks satisfy the acceptance criteria referred to in paragraphs 10 and 11.

7. A batch shall be made up of all the pre-packages of the same nominal weight, the same type and the same production run, packed in the same place, which are to be inspected.

The batch size shall be limited to the quantities laid down below:

• where pre-packages are checked at the end of the packing line, the number in each batch shall be equal to the maximum hourly output of the packing line, without any restriction as to batch size,

• in other cases the batch size shall be limited to 10 000.

8. A sample consisting of the following numbers of pre-packages shall be drawn at random from each batch to be inspected:

Batch size	Sample size
100 to 500	30
501 to 3 200	50
> 3 200	80

For batches of fewer than 100 pre-packages, the non-destructive test, within the meaning of Annex II to Directive 76/211/EEC, where carried out, shall be 100 %.

9. In the case of pre-packaged poultrymeat the following tolerable negative errors are permitted:

[F24 (grams)
Nominal weight	Tolerable negative error
	carcases	cuts
less than 1 100	25	25
1 100 to < 2 400	50	50
2 400 and more	100	50]

10. For the checking of the actual content of each pre-package in the sample, the minimum acceptable content shall be calculated by subtracting the tolerable negative error for the contents concerned from the nominal weight of the pre-package.

The pre-packages in the sample whose actual contents are less than the minimum acceptable content shall be considered defective.

The batch of pre-packages checked shall be considered acceptable or rejected, if the number of defective units found in the sample is less than or equal to the acceptance criterion or equal to or greater than the criterion for rejection shown below:

Sample size	Number of defective units
	Acceptance criterion	Rejection criterion
30	2	3
50	3	4
80	5	6

11. For the checking of the average actual contents, a batch of pre-packages shall be considered acceptable if the average actual content of the pre-packages forming the sample is greater than the acceptance criterion shown below:

Sample size	Acceptance criterion for average actual content
30	x— ≥ Qn – 0,503 s
50	x— ≥ Qn – 0,379 s
80	x— ≥ Qn – 0,295 s

_x—

=

average actual content of pre-packages

Qn

=

nominal weight of the pre-package

s

=

standard deviation of the actual contents of the pre-packages in the batch

The standard deviation shall be estimated as set out under point 2.3.2.2. of Annex II to Directive 76/211/EEC.

12. [F25 The] indication of the nominal weight of pre-packages to which this Article applies may be accompanied by a supplementary indication [F26 authorised by section 8(5A) of the Weights and Measures Act 1985].

F27 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28 14. For the purposes of this Article, Directive 76/211/EEC is to be read in accordance with paragraphs 15 to 17.

15. “Third country” has the meaning set out in Article 2(g).

16. Annex 1 is to be read as if:

(a) in paragraph 4:

(i) in the fifth subparagraph, for the words from “departments in” to “departments” there were substituted “ authority and if he holds at the disposal of the competent authority ”;

(ii) in the sixth subparagraph, for “non-EEC” there were substituted “ third ”;

(b) in paragraph 5:

(i) in the heading:

(aa) for “departments” there were substituted “ authority ”;

(bb) for “the Community” there were substituted “Great Britain”;

(ii) in the first subparagraph:

(aa) for “departments of the Member States” there were substituted “ authority ”;

(bb) for “the Community” there were substituted “Great Britain”;

(iii) in the third and fourth subparagraphs “used by a Member State” were omitted;

(c) in paragraph 6:

(i) in the heading, for “departments” there were substituted “ authority ”;

(ii) in the first subparagraph, for “departments of the Member States” there were substituted “ authority ”.

17. Annex 2 is to be read as if, in paragraph 1, the third subparagraph were omitted.]

Textual Amendments

F23 Words in Art. 9(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F24 Substituted by Commission Regulation (EC) No 936/2008 of 24 September 2008 correcting Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat.

F25 Word in Art. 9(12) substituted (E.W.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 3(2)(a) and (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 3(3)(a)

F26 Words in Art. 9(12) inserted (E.W.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 3(2)(b) and (S.) (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 3(3)(b)

F27 Art. 9(13) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

F28 Art. 9(14)-(17) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(8)(c) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(18)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K.

[F29 An indication of the use of one of the methods of chilling defined hereafter F30 ... may appear on the labelling within the meaning of [F31 Article 2(2)(j) of Regulation (EU) No 1169/2011]:

• air chilling: chilling of poultry carcases in cold air,

• air-spray chilling: chilling of poultry carcases in cold air interspersed with waterhaze or fine water spray,

• immersion chilling: chilling of poultry carcases in tanks of water or of ice and water, in accordance with the counterflow process.]

[F32 The terms referred to in the first paragraph must appear in English, but may also appear in any other language.]

Textual Amendments

F29 Art. 10: By The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(9)(a), it is provided that (31.12.2020) the existing text becomes the first paragraph; 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 10 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(9)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F31 Words in Art. 10 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(9)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 10 inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(9)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K.

1. In order to indicate types of farming with the exception of organic or biological farming, no other terms except those set out hereunder F33 ... may appear on the labelling within the meaning of [F34 Article 2(2)(j) of Regulation (EU) No 1169/2011], and in any case they may appear only if the relevant conditions specified in Annex V to this Regulation are fulfilled:

(a) ‘Fed with … % …’;

(b) ‘Extensive indoor’ (‘Barn-reared’);

(c) ‘Free range’;

(d) ‘Traditional free range’;

(e) ‘Free range — total freedom’.

These terms may be supplemented by indications referring to the particular characteristics of the respective types of farming.

When free-range production (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.

[F35 The terms referred to in the first subparagraph must appear in English, but may also appear in any other language.]

2. Mention of the age at slaughter or length of fattening period shall be permitted only when use is made of one of the terms referred to in paragraph 1 and for an age of not less than that indicated in Annex V(b), (c) or (d). However, this provision does not apply to animals covered by the fourth indent of point 1(a) of Article 1.

3. Paragraphs 1 and 2 shall apply without prejudice to F36 ... technical measures going beyond the minimum requirements given in Annex V, F37 ....

F38 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Words in Art. 11(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 11(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 11(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(10)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F36 Word in Art. 11(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(10)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 11(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(10)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F38 Art. 11(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(10)(c); 2020 c. 1, Sch. 5 para. 1(1)

F39 Art. 11(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(10)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K.

1. Slaughterhouses authorised to use the terms referred to in Article 11 shall be subject to special registration. They shall keep a separate record, by type of farming of:

(a) the names and addresses of the producers of such birds, who shall be registered following an inspection by the competent authority F40 ...;

(b) at the request of this 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 six months following dispatch.

2. The producers referred to in paragraph 1 shall subsequently be inspected regularly. They shall keep up-to-date records, for a minimum of six months following dispatch, of the number of birds by type of farming showing also the number of birds sold, the name and addresses of the purchasers, and quantities and source of feed supply.

In addition producers using free-range systems shall also keep records of the date when birds were first given access to range.

3. Feed manufacturers and suppliers shall keep records for at least six months after dispatch showing that the composition of the feed supplied to the producers for the type of farming referred to in Article 11(1)(a) complies with the indications given in respect of feeding.

4. 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 11(1)(d) and (e) for at least six months after dispatch.

5. Regular inspections regarding compliance with Article 11 and paragraphs 1 to 4 of this Article shall be carried out at:

(a) the farm: at least once per turnround;

(b) the feed manufacturer and supplier: at least once a year;

(c) the slaughterhouse: at least four times per year;

(d) the hatchery: at least once per year for the types of farming referred to in Article 11(1)(d) and (e).

[F41 6. [F42 The relevant authority must make available], by every appropriate means, including publication on the Internet, the updated list of the approved slaughterhouses registered in accordance with paragraph 1, showing their name and address and the number allotted to each of them.]

Textual Amendments

F40 Words in Art. 12(1)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F41 Substituted by Commission Regulation (EU) No 557/2010 of 24 June 2010 amending Regulations (EC) No 1518/2003, (EC) No 596/2004, (EC) No 633/2004, (EC) No 1345/2005, (EC) No 2014/2005, (EC) No 239/2007, (EC) No 1299/2007, (EC) No 543/2008, (EC) No 589/2008, (EC) No 617/2008 and (EC) No 826/2008 as regards the notification obligations within the common organisation of agricultural markets.

F42 Words in Art. 12(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K.

In the case of supervision of the indication of the type of farming used as referred to in [F43 Article 11(1)][F44 Article 11(1) of this Regulation], bodies designated by the [F45 relevant authority] shall comply with the criteria set out in [F46 European Norm No EN/45011 of 26 June 1989][F46 ISO/IEC 17065 (Requirements for bodies certifying products, processes and services)], and as such shall be licensed and supervised by the competent [F47 authority].

Textual Amendments

F43 Words in Art. 13 substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 5(3) and (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 2(3)

F44 Words in Art. 13 substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 3(4)

F45 Words in Art. 13 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 13 substituted (E.W.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 3(3)

F47 Word in Art. 13 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(12)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K.

Poultry meat imported from third countries may bear one or more of the optional indications provided for in Articles 10 and 11 if it is accompanied by a certificate issued by the competent authority of the country of origin attesting to the compliance of the products in question with the relevant provisions of this Regulation.

On receipt of a request from a third country, the [F48 relevant authority] shall establish a list of such authorities.

[F49 The requirement in the first paragraph applies to products entering the United Kingdom from the European Union only on or after [F50 1 February 2025].]

Textual Amendments

F48 Words in Art. 14 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(13)(a); 2020 c. 1, Sch. 5 para. 1(1)

F49 Words in Art. 14 inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(13)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(18)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F50 Words in Art. 14 substituted (E.W.S.) (1.1.2024) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2023 (S.I. 2023/1246), regs. 1(2), 3(1)

Article 15 U.K.

1. Without prejudice to Article 16(5) F51 ..., frozen and quick-frozen chickens may be marketed by way of business or trade within [F52 Great Britain] only if the water content does not exceed the technically unavoidable values determined by the method of analysis described in Annex VI (drip method) or that in Annex VII (chemical method).

2. The competent [F53 authority] shall ensure that the slaughterhouses adopt all measures necessary to comply with the provisions of paragraph 1 and in particular that:

• samples for monitoring water absorption during chilling and water content of frozen and quick-frozen chickens are taken,

• results of the checks are recorded and kept for a period of one year,

• each batch is marked in such a way that its date of production can be identified; this batch mark must appear on the production record.

Textual Amendments

F51 Words in Art. 15(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F52 Words in Art. 15(1) substituted (31.12.2020) by S.I. 2019/1422, regs. 1, 8(14)(a)(ii) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(18)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F53 Word in Art. 15(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K.

1. Regular checks in accordance with Annex IX on the water absorbed or checks in accordance with Annex VI shall be carried out in the slaughterhouses at least once each working period of eight hours.

Where these checks reveal that the amount of water absorbed is greater than the total water content permitted under the terms of this Regulation, account being taken of the water absorbed by the carcases during the stages of processing which are not subject to checking, and where, in any case, the amount of water absorbed is greater than the levels referred to in point 10 of Annex IX, or in point 7 of Annex VI, the necessary technical adjustments shall be made immediately by the slaughterhouse to the process.

2. In all cases referred to in the second subparagraph of paragraph 1 and in any case at least once every two months, checks on water content referred to in Article 15(1) shall be carried out, by sampling, on frozen and quick-frozen chickens from each slaughterhouse in accordance with Annex VI or VII, to be chosen by the competent authority F54 .... These checks shall not be conducted for carcases in respect of which proof is provided to the satisfaction of the competent authority that they are intended exclusively for export.

3. The checks referred to in paragraphs 1 and 2 shall be carried out by or under the responsibility of the competent [F55 authority]. The competent [F55 authority] may, in specific cases, apply the provisions of paragraph 1, and in particular of points 1 and 10 of Annex IX, and of paragraph 2 more stringently in respect of a given slaughterhouse, where this proves necessary to ensure compliance with the total water content permitted under this Regulation.

[F56 The competent authority] shall, in all cases where a batch of frozen or quick-frozen chickens was deemed not to comply with this Regulation, resume testing at the minimum frequency of checks referred to in paragraph 2 only after three successive checks according to Annex VI or VII, to be carried out by sampling from three different days of production within a maximum of four weeks, have shown negative results. The costs of these checks shall be paid by the slaughterhouse concerned.

4. Where, in the case of air chilling, the results of checks referred to in paragraphs 1 and 2 show compliance with the criteria laid down in Annexes VI to IX during a period of six months, the frequency of the checks referred to in paragraph 1 may be reduced to once every month. Any failure to comply with the criteria laid down in these Annexes shall result in reinstatement of checks as referred to in paragraph 1.

5. If the result of the checks referred to in paragraph 2 is in excess of the admissible limits, the batch concerned shall be deemed not to comply with this Regulation. In that event, however, the slaughterhouse concerned may request that a counter-analysis be carried out in the [F57 national] reference laboratory F58 ..., using a method to be chosen by the competent authority F58 .... The costs of this counter-analysis shall be borne by the holder of the batch.

6. Where the batch in question is deemed after such counter-analysis not to comply with this Regulation, the competent authority shall take the appropriate measures aimed at allowing it to be marketed as such [F59 in Great Britain] only on condition that both individual and bulk packaging of the carcases concerned shall be marked by the slaughterhouse under the supervision of the competent authority with a tape or label bearing, in red capital letters, [F60 the words ‘water content exceeds UK limit’].

The batch referred to in the first subparagraph shall remain under the supervision of the competent authority until it is dealt with in accordance with this paragraph or otherwise disposed of. If it is certified to the competent authority that the batch referred to in the first subparagraph is to be exported, the competent authority shall take all necessary measures to prevent the batch in question from being marketed [F61 in Great Britain].

The indications provided for in the first subparagraph shall be marked in a conspicuous place so as to be easily visible, clearly legible and indelible. They shall not in any way be 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.

Textual Amendments

F54 Words in Art. 16(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

F55 Word in Art. 16(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(15)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F56 Words in Art. 16(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(15)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F57 Word in Art. 16(5) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(15)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F58 Words in Art. 16(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(15)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F59 Words in Art. 16(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(15)(d)(i)(aa) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(18)(f)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F60 Words in Art. 16(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(15)(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F61 Words in Art. 16(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(15)(d)(ii) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(18)(f)(ii)) ; 2020 c. 1, Sch. 5 para. 1(1)

F62 Article 17 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62 Art. 17 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(16); 2020 c. 1, Sch. 5 para. 1(1)

Article 18 U.K.

1. The competent [F63 authority must inform the] national reference laboratory without delay about the results of the checks referred to in Articles [F64 15 and 16], carried out by them or under their responsibility.

[F41 By 30 June each year, the national reference [F65 laboratory must notify the relevant authority] of the results of checks mentioned in the first subparagraph. F66 ...]

2. The [F67 relevant authority] shall adopt the practical measures for the checks provided for in Articles [F68 15 and 16] at all stages of marketing, including checks on imports from third countries at the time of customs clearance in accordance with Annexes VI and VII. F69 ...

Textual Amendments

F41 Substituted by Commission Regulation (EU) No 557/2010 of 24 June 2010 amending Regulations (EC) No 1518/2003, (EC) No 596/2004, (EC) No 633/2004, (EC) No 1345/2005, (EC) No 2014/2005, (EC) No 239/2007, (EC) No 1299/2007, (EC) No 543/2008, (EC) No 589/2008, (EC) No 617/2008 and (EC) No 826/2008 as regards the notification obligations within the common organisation of agricultural markets.

F63 Words in Art. 18(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(17)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F64 Words in Art. 18(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(17)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F65 Words in Art. 18(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(17)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F66 Words in Art. 18(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(17)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F67 Words in Art. 18(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(17)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F68 Words in Art. 18(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(17)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F69 Words in Art. 18(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(17)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 19 U.K.

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 XII.

Financial assistance shall be paid to the reference laboratory under the terms of a contract concluded between the Commission, on behalf of the Community, and that laboratory.

The Director-General for Agriculture and Rural Development is authorised to sign the contract on behalf of the Commission.

Article 20 U.K.

1. The following fresh, frozen and quick-frozen poultry cuts may be marketed by way of business or trade within [F70 Great Britain] only if the water content does not exceed the technically unavoidable values determined by the method of analysis described in Annex VIII (chemical method):

(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.

2. The competent [F71 authority] shall ensure that the slaughterhouses and cutting plants, whether or not attached to slaughterhouses, adopt all measures necessary to comply with the provisions of paragraph 1 and in particular that:

(a) regular checks on water absorbed are carried out in the slaughterhouses in accordance with Article 16(1) also for chicken and turkey carcases intended for the production of the fresh, frozen and quick-frozen cuts listed in paragraph 1 of this Article. These checks shall be carried out at least once each working period of eight hours. However, in the case of air chilling of turkey carcases, regular checks on water absorbed need not be carried out. The limit values fixed in point 10 of Annex IX shall also apply for turkey carcases;

(b) results of the checks are recorded and kept for a period of one year;

(c) each batch is marked in such a way that its date of production can be identified; this batch mark must appear on the production record.

Where, in the case of air chilling of chickens, the results of checks referred to in point (a) and in paragraph 3 show compliance with the criteria laid down in Annexes VI to IX during a period of six months, the frequency of the checks referred to in point (a) may be reduced to once every month. Any failure to comply with the criteria laid down in Annexes VI to IX shall result in reinstatement of checks as referred to in point (a).

3. At least once every three months, checks on the water content referred to in paragraph 1 shall be carried out, by sampling, on frozen and quick-frozen poultry cuts from each cutting plant producing such cuts, in accordance with Annex VIII. These checks do not have to be conducted for poultry cuts in respect of which proof is provided to the satisfaction of the competent authority that they are intended exclusively for export.

After one year of compliance with the criteria laid down in Annex VIII in a particular cutting plant, the frequency of tests shall be reduced to once every six months. Any failure to comply with these criteria shall result in reinstatement of checks as referred to in the first subparagraph.

4. Article 16(3) to (6) and [F72 Article] 18 shall apply, mutatis mutandis, for poultry cuts referred to in paragraph 1 of this Article.

Textual Amendments

F70 Words in Art. 20(1) substituted (31.12.2020) by S.I. 2019/1422, regs. 1, 8(18)(a) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(18)(g)); 2020 c. 1, Sch. 5 para. 1(1)

F71 Word in Art. 20(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(18)(b); 2020 c. 1, Sch. 5 para. 1(1)

F72 Word in Art. 20(4) substituted (E.W.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 3(4) and (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 3(5)

F73 Article 20a U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73 Art. 20a omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(19); 2020 c. 1, Sch. 5 para. 1(1)

Article 21 U.K.

Regulation (EEC) No 1538/91 is hereby repealed as from 1 July 2008.

References to the repealed Regulation and to Regulation (EEC) No 1906/90 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XIII.

Article 22 U.K.

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2008.

F74 ...

Textual Amendments

F74 Words in Signature omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(20); 2020 c. 1, Sch. 5 para. 1(1)