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Aflatoxins in Nuts, Nut Products, Dried Figs and Dried Fig Products Regulations 1992

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Statutory Instruments

1992 No. 3236

FOOD

Aflatoxins in Nuts, Nut Products, Dried Figs and Dried Fig Products Regulations 1992

Made

16th December 1992

Laid before Parliament

18th December 1992

Coming into force

31st December 1992

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 4(1), 6(4), 16(1)(a), (b) and (f), 18, 26(1) and (3), 31(1) and (2)(b), (c) and (f) and 48 of the Food Safety Act 1990(1) and of all other powers enabling them in that behalf, hereby make the following Regulations, after consultation in accordance with section 48 of the said Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations:

Title and commencement

1.  These Regulations may be cited as the Aflatoxins in Nuts, Nut Products, Dried Figs and Dried Fig Products Regulations 1992 and shall come into force on 31st December 1992.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Food Safety Act 1990;

“aflatoxins” means all or any of aflatoxin B1, aflatoxin B2, aflatoxin G1 and aflatoxin G2, as, in each case, more particularly specified by its full chemical name in Schedule 1;

“authorised officer” means an authorised officer of a food authority (including, where appropriate, a food authority being a receiving authority under Part II of Schedule 3);

“Council Regulation” means Council Regulation (EEC) No. 2658/87(2) as amended(3);

“designated place” means any place reasonably designated by an authorised officer for the purposes of inspection of food under these Regulations;

“dried figs” means the fruit which falls within category 0804 20 90 of the combined nomenclature subheadings of the Council Regulation;

“dried fig product” means any food at least half of which consists (by weight) of dried figs, except that for the purposes of regulations 7, 9(1)(b) and (e) and 10(2), and Schedule 4, it shall also include any food containing dried figs in a lesser amount;

“food authority” does not include the appropriate Treasurers referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);

“importer”, in relation to imported nuts, nut products, dried figs, dried fig products or any of them includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the nuts, nut products, dried figs, dried fig products or any of them or is in any way entitled to the custody or control of them, and “import” shall be construed accordingly;

“nuts” means the nuts listed in column 1 of Schedule 2, the corresponding Council Regulation combined nomenclature subheadings for which appear in column 2 of Schedule 2;

“nut product” means any food at least half of which consists (by weight) of nuts or of any substance (save where that substance consists exclusively of edible oil) derived from nuts, and for the purposes of regulations 7, 9(1)(b) and (e) and 10(2), and Schedule 4, it shall also include–

(a)

any food consisting of nuts or of any substance (including edible oil) derived from nuts in a lesser amount, and

(b)

edible oils derived wholly or partly from nuts;

“processing” shall not include any method of treatment which reduces the proportion of total aflatoxins in any consignment merely by blending or mixing that consignment with another which has a lower level of aflatoxins;

“sell” includes offer or expose for sale or have in possession for sale, “sale” shall be construed accordingly and, in relation to nuts, nut products, dried figs, dried fig products or any of them, “consumer sale” means a sale of them–

(a)

to the ultimate consumer, or

(b)

in packaging in which they are ready for delivery to the ultimate consumer;

“total aflatoxins” means the sum of the concentrations of aflatoxins;

“ultimate consumer” has the meaning assigned to it by the Food Labelling Regulations 1984(4) .

(2) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of, or Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.

Scope

3.  These Regulations do not apply to any nuts, nut products, dried figs, dried fig products or any of them which are not intended for sale for human consumption.

Certification of what constitutes a consignment

4.—(1) Subject to the provisions of paragraph (2) below, the importer into Great Britain from a country outside the European Economic Community of any nuts, nut products, dried figs or dried fig products which are the subject of these Regulations shall, in relation to them, give to an authorised officer a certificate (or certificates) identifying the consignment (or consignments) that those nuts, nut products, dried figs or dried fig products constitute, and for the purposes of these Regulations “consignment” shall be taken to be such certificated amount (or amounts) of nuts, nut products, dried figs or dried fig products.

(2) In certifying what is to constitute a consignment for the purposes of these Regulations, an importer shall—

(a)limit each consignment—

(i)to an amount not exceeding 25,000 kilograms,

(ii)to only one of the categories—

(aa)nuts,

(bb)nut products,

(cc)dried figs,

(dd)dried fig products; and

(b)account for all of the nuts, nut products, dried figs or dried fig products that he is, at the time of certification, importing or intending to import.

Importation procedure

5.—(1) No person shall import any consignment of nuts, nut products, dried figs and dried fig products or any of them into Great Britain from a country outside the European Economic Community except—

(a)through an authorised place of entry designated under regulation 6; and

(b)in accordance with the procedure set out in either Part I or Part II of Schedule 3.

(2) No person shall sell any nut, nut product, dried fig or dried fig product from a consignment which has been imported in contravention of paragraph (1) above.

Authorised places of entry

6.—(1) The Ministers may by notice published in the London Gazette (in relation to a place in England and Wales) or in the Edinburgh Gazette (in relation to a place in Scotland) designate a place of entry as an authorised place of entry for the purposes of these Regulations either–

(a)generally, or

(b)specifically, in relation to a class of nuts, nut products, dried figs and dried fig products or any of them specified in the notice.

(2) The Ministers may also, by authorisation in writing, designate a place of entry as an authorised place of entry for a particular consignment of nuts, nut products, dried figs, dried fig products or any of them specified in the authorisation.

Consumer sales

7.  No person shall make a consumer sale of any nut, nut product, dried fig, dried fig product or any of them which, when analysed using a method which complies with the performance parameters set out at paragraph 5 of Schedule 4, has a level of total aflatoxins of more than 4 micrograms per kilogram.

Duties of authorised officers

8.—(1) In carrying out any inspection under either paragraphs 2 or 3 of Part I, or paragraph 3 of Part II, of Schedule 3, an authorised officer shall take all reasonable steps—

(a)to ensure that the transport of the consignment and its placing on the market is not unduly delayed, and

(b)to avoid causing any delays that might adversely affect the quality of the nuts, nut products, dried figs and dried fig products, or any of them, in the consignment.

(2) Where notice is given to an importer under paragraph 3(2) of Part I of Schedule 3 requiring the destruction or disposal of a consignment, an authorised officer shall make an endorsement on any papers accompanying the consignment, so as to indicate clearly the requirement under the notice.

(3) An endorsement made under paragraph (2) above may at any time be deleted or amended by an authorised officer and it shall be so deleted if the notice is rescinded by a magistrates' court order (or in Scotland, by a sheriff) under paragraph 5(b) of Part I of Schedule 3 that the notice shall no longer have effect.

Offences and enforcement

9.—(1) Any person who—

(a)imports a consignment of nuts, nut products, dried figs and dried fig products or any of them in contravention of any requirement imposed by or under these Regulations or sells any nut, nut product, dried fig or dried fig product from a consignment that has been so imported, or

(b)makes a consumer sale of any nut, nut product, dried fig, dried fig product or any of them in contravention of any requirement imposed by or under these Regulations, or

(c)in dealing with a consignment of nuts, nut products, dried figs and dried fig products or any of them, does not do so in accordance with a requirement imposed by or under these Regulations in relation to such dealing, or

(d)uses a document which he knows to be false in a material particular or recklessly makes a statement or uses a document which is false in a material particular in connection with the importation of a consignment of nuts, nut products, dried figs, dried fig products or any of them, or

(e)uses a document which he knows to be false in a material particular or recklessly makes a statement or uses a document which is false in a material particular in connection with the consumer sale of nuts, nut products, dried figs, dried fig products or any of them,

shall be guilty of an offence and liable—

(i)on summary conviction to a fine not exceeding the statutory maximum, or

(ii)on conviction on indictment to a fine.

(2) Subject to paragraph (3) below, the provisions of these Regulations shall be enforced by any food authority in whose area any nuts, nut products, dried figs or dried fig products the subject of these Regulations are found.

(3) The provisions of these Regulations shall be enforced by any port health authority in whose district any nuts, nut products, dried figs or dried fig products the subject of these Regulations are found.

Defences

10.—(1) In any proceedings for an offence against these Regulations it shall be a defence for the person charged to prove that the food, in respect of which the offence is alleged to have been committed—

(a)was intended for export and complied with the importing country’s domestic food legislation relevant to the alleged offence; or

(b)was intended for export and was prepared and labelled for sale before 31st December 1992.

(2) In any proceedings for an offence against these Regulations consisting of the consumer sale of nuts, nut products, dried figs or dried fig products or any of them containing a level of total aflatoxins of more than 4 micrograms per kilogram of the food, it shall be a defence to show that the nuts or dried figs, or in the case of nut products or dried fig products the nut or dried fig element of such products, in relation to which the offence is alleged to have been committed comes from a lot or batch of nuts or dried figs that has previously been certified by an analytical laboratory (further to sampling and analysis carried out in accordance with Schedule 4) as containing a level of total aflatoxins of no more than 4 micrograms per kilogram of, as the case may be, nuts or dried figs.

(3) For the purposes of paragraph (2) above, “analytical laboratory” means any laboratory which—

(a)was, at the time of giving the certificate in question, a participant in a proficiency testing scheme which conformed to the International Harmonised Protocol for the Proficiency Testing of (Chemical) Analytical Laboratories prepared, jointly, by the International Union of Pure and Applied Chemistry, the International Standards Organisation and the AOAC International, and

(b)in the round of testing conforming to that Protocol which took place closest to the date of performing the analysis on the basis of which the certificate in question was given, achieved Z scores (as defined in that Protocol) of between - 3 and + 3 (inclusive).

Application of various provisions of the Food Safety Act 1990

11.—(1) The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations—

(a)section 2 (extended meaning of “sale” etc.);

(b)section 3 (presumption that food is intended for human consumption);

(c)section 20 (offences due to fault of another person);

(d)section 21 (defence of due diligence);

(e)section 30(8) (which relates to documentary evidence);

(f)section 33 (obstruction etc. of officers);

(g)section 36 (offences by bodies corporate);

(h)section 44 (protection of officers acting in good faith).

(2) Section 8(3) (which makes presumptions in the case of batches etc. of food) of the Act shall apply to food which it is an offence to sell under these Regulations as it applies to food which fails to comply with food safety requirements.

(3) Section 9 (inspection and seizure of suspected food) of the Act shall apply for the purposes of these Regulations as if food which it is an offence to sell under them were food which failed to comply with food safety requirements.

(4) Section 30 (analysis etc. of samples) of the Act shall apply to these Regulations subject to such modifications as are necessary for the purposes of these Regulations.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th December 1992.

L.S.

John Selwyn Gummer

Minister of Agriculture,

Fisheries and Food

Signed by authority of the Secretary of State for Health:

Cumberlege

Parliamentary Under-Secretary of State,

Department of Health

15th December 1992

David Hunt

Secretary of State for Wales

16th December 1992

Hector Munro

Parliamentary Under-Secretary of State,

Scottish Office

14th December 1992

Regulation 2(1)

SCHEDULE 1FULL CHEMICAL NAMES OF AFLATOXINS B1, B2, G1 and G2

  • Aflatoxin B1: (6aR, 9aS)-2, 3, 6a, 9a-tetrahydro-4-methoxycyclopenta [c] furo [3′, 2′:4, 5] furo [2, 3-h] chromene-1, 11-dione

  • Aflatoxin B2: (6aR, 9aS)-2, 3, 6a, 8, 9, 9a-hexahydro-4-methoxycyclopenta [c] furo [3′, 2′:4, 5] furo [2, 3-h] chromene-1, 11-dione

  • Aflatoxin G1: (7aR, 10aS)-3, 4, 7a, 10a-tetrahydro-5-methoxyfuro [3′, 2′:4, 5] furo [2, 3-h] pyrano [3, 4-c] chromene-1, 12-dione

  • Aflatoxin G2: (7aR, 10aS)-3, 4, 7a, 9, 10, 10a-hexahydro-5-methoxyfuro [3′, 2′:4, 5] furo [2, 3-h] pyrano [3, 4-c] chromene-1, 12-dione

Regulation 2(1)

SCHEDULE 2LIST OF NUTS TO WHICH THE REGULATIONS APPLY

Column 1Column 2
NutsCorresponding Council Regulation combined nomenclature subheadings
Coconuts (not including desiccated coconut)0801 10 90
Brazil nuts—
  • in shell

0801 20 00
  • shelled

0801 20 00
Cashew nuts0801 30 00
Almonds—
  • in shell—

  • bitter

0802 11 10
  • other

0802 11 90
  • shelled—

  • bitter

0802 12 10
  • other

0802 12 90
Hazelnuts or filberts (corylus spp.)—
  • in shell

0802 21 00
  • shelled

0802 22 00
Walnuts—
  • in shell

0802 31 00
  • shelled

0802 32 00
Chestnuts (Castanea spp.)0802 40 00
Pistachios0802 50 00
Pecans0802 90 10
Areca (or betel) and cola nuts0802 90 30
Other nuts0802 90 80
Peanuts—
  • not roasted or otherwise cooked, whether or not shelled or broken—

  • in shell (other than for sowing)

1202 10 90
  • shelled

1202 20 00
  • prepared or preserved in immediate packings of a net content—

  • exceeding 1 kg

2008 11 91
  • not exceeding 1 kg

2008 11 99

Regulations 5 2(1), and 8

SCHEDULE 3

PART I

1.  Save as may be otherwise specified elsewhere in this Schedule—

(a)an importer shall ensure that, as soon as possible after arrival at the authorised place of entry and such examination as may be carried out by an officer of Customs and Excise, any consignment of imported nuts, nut products, dried figs, dried fig products or any of them is taken to a designated place;

(b)no person (other than an authorised officer or a person authorised in writing by an authorised officer) shall remove any consignment of imported nuts, nut products, dried figs, dried fig products or any of them from a designated place.

2.—(1) After the arrival of a consignment of imported nuts, nut products, dried figs, dried fig products or any of them at a designated place an authorised officer shall carry out a primary inspection (that is to say, an inspection of any document accompanying the consignment of imported nuts, nut products, dried figs, dried fig products or any of them and, at the option of the authorised officer, such inspection of that consignment as may be carried out without opening any closed container).

(2) After that primary inspection an authorised officer shall either—

(a)unconditionally authorise the importer in writing to remove the consignment, or

(b)arrange the carrying out of further inspection of the consignment in accordance with paragraph 3 below.

3.—(1) For the purpose of further inspection under this paragraph an authorised officer may, to such extent as is reasonable and within such time as is reasonable—

(a)remove any imported nuts, nut products, dried figs, dried fig products or any of them from a designated place,

(b)open any container of imported nuts, nut products, dried figs, dried fig products or any of them,

(c)take samples of imported nuts, nut products, dried figs, dried fig products or any of them, in accordance with the regime set out in Schedule 4,

(d)test samples of imported nuts, nut products, dried figs, dried fig products or any of them,

(e)arrange, by agreement with any other person, for samples of imported nuts, nut products, dried figs, dried fig products or any of them to be tested and analysed by that other person with methods which fall within the performance parameters laid down in paragraph 5 of Schedule 4.

(2) If upon such further inspection an authorised officer finds that any of the consignment of imported nuts, nut products, dried figs, dried fig products or any of them has a level of total aflatoxins of—

(a)more than 10 micrograms per kilogram, he shall give notice to the importer in writing requiring the importer (at the importer′s expense and as the importer shall decide)—

(i)to return the consignment to the consignor, or

(ii)to use the consignment for a purpose other than human consumption, or

(iii)to destroy the consignment;

(b)not more than 10 micrograms per kilogram but more than 4 micrograms per kilogram, he shall give notice to the importer in writing requiring the importer (at the importer′s expense and as the importer shall decide)—

(i)to give a written undertaking to process the consignment to ensure compliance with regulation 7 before a consumer sale takes place, or

(ii)to return the consignment to the consignor, or

(iii)to use the consignment for a purpose other than human consumption, or

(iv)to destroy the consignment.

(3) If upon such further inspection an authorised officer does not make the finding described in sub-paragraph (2) above, he shall unconditionally authorise the importer in writing to remove the consignment.

(4) An authorised officer may unconditionally authorise an importer in writing to remove a consignment notwithstanding that further inspection of that consignment has not been completed.

4.—(1) Where notice is given to an importer under paragraph 3(2) above that a consignment of imported nuts, nut products, dried figs, dried fig products or any of them must be dealt with in accordance with that paragraph, such notice shall—

(a)specify the grounds on which it is based;

(b)inform the importer that the consignment may be disposed of or destroyed by an authorised officer so that it cannot be used for human consumption, unless—

(i)within the time specified in sub-paragraph (2) below the importer gives to an authorised officer a written undertaking either to comply with the requirement to deal with the consignment as specified in the notice or to try to prove to a magistrates' court that the decision of an authorised officer under paragraph 3(2) above was incorrect; or

(ii)the authorised officer rescinds the notice.

(2) The time within which the importer may be required to give an undertaking under sub-paragraph (1)(b)(i)above shall be the time specified in the notice under paragraph 3(2) above, being not earlier than the end of the third working day after the notice is received.

(3) If within the time specified in sub-paragraph (2) above an authorised officer has not received any such written undertaking as is described in the notice, or if within that time he has received such written undertaking but the undertaking has not been carried out within thirty days of its receipt by him, an authorised officer may cause the consignment to be disposed of or destroyed by such means and in such manner as to prevent it from being used for human consumption in Great Britain.

(4) If within the time specified in sub-paragraph (2) above an authorised officer has received a written undertaking in accordance with sub-paragraph (1)(b)(i) above that the importer will try to prove to a magistrates' court that the decision of the authorised officer was incorrect, an authorised officer shall—

(a)apply, by way of complaint to a justice of the peace made no later than the end of the next working day after receipt of the undertaking, for an order of a magistrates' court under paragraph 5 below,

(b)authorise the importer to remove from the designated place such samples of nuts, nut products, dried figs, dried fig products or any of them as the importer may reasonably require for the purpose of evidence before the magistrates' court, and

(c)make available to the importer such information (in relation to any further inspection which has taken place under paragraph 3 above) as the importer may reasonably require for the purpose of evidence before the magistrates' court.

5.  Where, in pursuance of paragraph 4 above, an application is made for an order of a magistrates' court—

(a)if the magistrates' court is satisfied that the importer has failed to prove that the decision of the authorised officer (under paragraph 3(2) above) was incorrect, the court shall order the consignment to be disposed of or destroyed under the supervision of an authorised officer by such means and in such manner as to prevent it from being used for human consumption in Great Britain;

(b)if the magistrates' court is satisfied that the importer has proved that that decision was incorrect, the court shall order that the notice under paragraph 3(2) above shall no longer have effect and unconditionally authorise the importer to remove the consignment from the designated place.

6.  An authorised officer may with the agreement of an officer of Customs and Excise carry out any inspection, or any part of an inspection, of a consignment of imported nuts, nut products, dried figs, dried fig products or any of them before the examination of the consignment by the officer of Customs and Excise has been completed and if, as a result of such an inspection, the authorised officer gives the importer unconditional authorisation in writing to remove the consignment, compliance on the part of the importer with paragraph 1(a) above shall not be required.

7.  An authorised officer may, to such extent as is reasonable for the purpose of protection of human health, at any stage from the time when a consignment of imported nuts, nut products, dried figs, dried fig products or any of them reaches him for primary inspection under paragraph 2 above, do anything specified in paragraph 3(1)(a) to (e) above notwithstanding that he is not carrying out a further inspection under paragraph 3 above and may take such action as is reasonable in respect of the disposal or destruction of any nuts, nut products, dried figs, dried fig products or any of them which he has removed under this paragraph.

8.—(1) Where unconditional authorisation is given under this Part of this Schedule to an importer to remove from a designated place a consignment from which nuts, nut products, dried figs, dried fig products or any of them have been previously removed under paragraph 3(1), 4(4)(b) or 7 above, that authorisation shall relate to the remainder of that consignment.

(2) Where under paragraph 2(2)(b) above an authorised officer arranges the carrying out of a further inspection of a consignment from which nuts, nut products, dried figs, dried fig products or any of them have been previously removed under paragraph 7 above, that further inspection (and anything consequent on that further inspection) shall relate to the remainder of that consignment.

9.  Where a notice under paragraph 3(2) above is in effect in relation to a consignment, an authorised officer may cause any consignment subsequently landed in Great Britain which contains any nuts, nut products, dried figs, dried fig products or any of them from that previously mentioned consignment, to be destroyed or disposed of by such means and in such manner as to prevent it from being used for human consumption in Great Britain.

10.  In the application of this Schedule to Scotland, a reference to a justice of the peace or to the magistrates' court shall be a reference to the sheriff.

PART IIDEFERRED EXAMINATION

1.—(1) Where a consignment of imported nuts, nut products, dried figs, dried fig products or any of them is unloaded in the district of a port health authority or in the area of a food authority and after such examination as may be carried out by an officer of Customs and Excise has been completed—

(i)an authorised officer nevertheless considers it expedient (having regard to the nature of the container in which the consignment is imported) that any examination of the consignment for the purposes of these Regulations should be deferred until the consignment reaches a specified place of destination elsewhere in Great Britain; and

(ii)the importer gives to the port health authority or food authority of the authorised place of entry an undertaking in writing that the container has been sealed and will not be opened until it reaches the place of destination specified in the undertaking,

the authorised officer shall, by the most expeditious means available, notify the receiving authority that the consignment (so described as to enable it to be identified) has not, by reason of the matters referred to in paragraph (i) above, been examined under these Regulations at the authorised place of entry and send them a copy of the undertaking referred to in paragraph (ii) above, and the receiving authority shall thereupon become responsible for the execution and enforcement of these Regulations in relation to that consignment.

(2) In sub-paragraph (1) above, “receiving authority” means a food authority or a port health authority within Great Britain in whose area or district is situated the place of destination of any consignment of imported nuts, nut products, dried figs, dried fig products or any of them.

2.  Where a consignment of nuts, nut products, dried figs or dried fig products or any of them has been dealt with in accordance with paragraph 1 of this Part of this Schedule and save as may be otherwise specified elsewhere in this Schedule—

(a)an importer shall ensure that, after arrival at the specified place of destination, the consignment of imported nuts, nut products, dried figs, dried fig products or any of them remains in that place;

(b)no person (other than an authorised officer or a person authorised in writing by an authorised officer) shall remove any consignment of imported nuts, nut products, dried figs, dried fig products or any of them from that specified place.

3.  For the purposes of this Part, paragraphs 2 to 10 of Part I of this Schedule shall apply to a consignment of imported nuts, nut products, dried figs, dried fig products or any of them having arrived at a specified place of destination as mentioned in paragraphs 1 and 2 above in the same way as if such a consignment were one having arrived at a designated place as mentioned in paragraph 1 of Part I of this Schedule.

Regulations 2(1), 7, 10 and Schedule 13

SCHEDULE 4REQUIREMENTS FOR SAMPLING AND ANALYSIS OF AFLATOXINS IN NUTS, NUT PRODUCTS, DRIED FIGS AND DRIED FIG PRODUCTS

1.  In respect of the products listed to column 1 the minimum number and size of samples to be taden shall be those shown corresponding to each such product in, respectively, columns 2 and 3 of the table below:—

Column 1Column 2Column 3
ProductMinimum no. of sample unitsMinimum sample size (kg)
*

weight of nuts in shell

Peanut Butter Smooth245
Peanut Butter Crunchy245
Peanuts shelled raw3010
Peanuts shelled roasted3010
Peanuts in shell3020*
Cashews203
Brazil nuts shelled203
Brazil nuts in shell206*
Pistachios shelled201.5
Pistachios in shell203*
Hazelnuts shelled203
Hazelnuts in shell206*
Almonds shelled203
Almonds in shell206*
Almonds paste203
Other nuts203
Other nut products203
Figs dried whole2020
Figs dried paste205
Other dried fig products205

2.  Samples shall be taken as randomly as possible from throughout the consignment.

Preparation of samples

3.  Each sample taken shall be ground finely and mixed thoroughly using a process that has been demonstrated to achieve complete homogenisation, and samples of nuts that are “in shell” may include the shell in the final homogenate. In the case of the foods listed in sub-paragraphs (a) to (c) below the sampling regime described in the respective sub-paragraph shall apply:

(a)Pistachio nuts in shell: the sample shall be

(i)passed through a meat mincer fitted with a 20 mm serrated cutting disc,

(ii)sieved through a 2 mm screen, and

(iii)tumble mixed for a minimum of 60 minutes.

(b)Whole figs: the sample shall be either—

(i)(aa)minced and passed through a 9 mm screen opening, and

(bb)transferred to a bowl mixer and slurry mixed with water (in the proportion 5 parts commodity to 3 parts water) for 60 minutes, or

(ii)slurried and mixed using a vertical cutter mixer.

(c)Peanut Butter: water shall be added to the sample (in the proportion 5 parts commodity to 4 parts water) and the sample mixed for 60 minutes using a laboratory mixer emulsifier.

The formal samples for enforcement, trade (defence) and referee purposes shall be taken from the homogenised material. In the case of the enforcement samples at least three independent sub-samples (each of a minimum weight of 50g) shall be removed from the thoroughly mixed slurry sample for analysis and the size of the formal sample shall be sufficient to allow for this.

Reporting of results

4.  The result shall be taken to be the mean of the determination of the independent sub-samples.

For the purposes of calculating the level of aflatoxins in a nut product or a dried fig product the total aflatoxin level shall relate to the whole product.

Performance parameters for analytical tests for aflatoxins

5.  Public analysts and food analysts may employ any method to test for aflatoxins provided it meets the following performance parameters:

Statutory limit4 μg/kg10 μg/kg
Detection limit< or = 2μg/kg< or = 5 μg/kg
Repeatability coefficient of variation\< or = 40%< or = 30%
Reproducibility coefficient of variation\< or = 60%< or = 50%
Recovery> or = 70%> or = 70%

For the purposes of this paragraph

“repeatability” means the closeness of agreement between mutually independent test results obtained by using the same method on identical test material in the same laboratory by the same operator using the same equipment within short intervals of time, and

“reproducibility” means the closeness of agreement between test results obtained by using the same method on identical test material in different laboratories by different operators using different equipment.

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, come into force on 31st December 1992.

The Regulations prohibit the import of any nuts, nut products, dried figs or dried fig products other than from a country within the European Economic Community except throμgh an authorised place of entry and in accordance with a procedure which requires that they be presented for sampling and analysis for aflatoxins (regulations 5 and 6 and Schedule 3). Detailed requirements for such sampling and analysis are given in Schedule 4.

The Regulations further prohibit the consumer sale of any nuts, nut products, dried figs or dried fig products which have a level of aflatoxins of more than 4 micrograms per kilogram of the food in question (regulation 7).

(2)

OJ No. L256, 7.9.87, p.1.

(3)

The relevant amendment is Council Regulation (EEC) No. 2505/92 (OJ No. L267, 14.9.92, p.1).

(4)

S.I. 1984/1305, to which there are no relevant amendments.

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