Decree No. 56 / 2022 Coll.
Decree amending Decree No 231 / 2016 Coll., on the collection, preparation and testing methods of food and tobacco control samples, as amended by Decree No 78 / 2018 Coll.
Valid
Order
Effective from 01.04.2022
56
DECLARATION
of 10 March 2022
amending Decree No 231 / 2016 Coll., on the collection, preparation and testing methods for food and tobacco control samples, as amended by Decree No 78 / 2018 Coll.
The Ministry of Agriculture provides, pursuant to Article 18 (1) (m) of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related acts, as amended by Act No. 139 / 2014 Coll., Act No. 180 / 2016 Coll. and Act No. 174 / 2021 Coll., hereinafter referred to as "the Act ':
Decree No 231 / 2016 Coll., on the collection, preparation and testing methods of food and tobacco control samples, as amended by Decree No 78 / 2018 Coll., is amended as follows:
1. in Article 1 (1) (a) and (b), the word "methods" shall be deleted;
2. In Article 1, the dot is replaced by a comma at the end of paragraph 1 and the following point (d) is added:
"(d) the method of assessing the results of sample tests for the second expert opinion referred to in Article 16 (7) (c) of the Act."
3. in Article 1 (2) and (3), the words "(EC) No 882 / 2004" shall be replaced by "(EU) 2017 / 625" and the words "law, other legislation or" shall be inserted after the words "follow";
4. footnote 2 shall read:
"(2) Regulation (EU) 2017 / 625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities carried out to ensure the application of food and feed law, animal health and animal welfare, plant health and plant protection products, amending Regulations (EC) No 999 / 2001, (EC) No 396 / 2005, (EC) No 1069 / 2009, (EC) No 1107 / 2009, (EU) No 1151 / 2012, (EU) No 652 / 2014, (EU) No 652 / 43 / EC, (EU) 2008 / 119 / EC and (EU) 2016 / 120 / EC, Council Regulation (EC) No 1099 / 2009 and Council Directives 98 / 58 / EC, 1999 / 74 / EC, 2007 / 43 / EC, 2008 / 119 / EC and 2008 / 120 / EC and repealing Regulation (EC of the European Parliament and Council Regulations (EC) No 854 / 2004, Council Directives 89 / 662 / EEC, 89 / 662 / EEC, 90 / 425 / EC, (EC, (EC, (EC), (EC), (EC), (EC), (EC), (EC), (96 / 96 / 96
5. In Article 3 (1), the word "method 'is deleted and the words" properly trained to carry out the activity referred to in Article 6 of Regulation (EU) 2017 / 625 of the European Parliament and of the Council' are replaced by the words "meeting the requirements referred to in Article 5 (4) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council '.
6. In Section 3 of the introductory part of paragraph 2, "evaluation 'is replaced by" testing' and "selected 'is inserted after" requirements'.
7. in Article 3 (2), points (e) and (f) are deleted;
Points (g) to (j) shall be renumbered as points (e) to (h).
8. In Article 4, the following paragraph 5 is added:
"(5) Where the rules of European Union law, law, other legislation or this decree are not laid down for sampling, the method or part thereof suitable for the intended purpose may be used. ';
9. In Article 6, at the end of the introductory part of paragraph 2, the word "at least 'shall be added.
10. in Article 6 (2) (f) (6), "and price" shall be deleted;
11. in Article 6 (2) (i), the word "analytical" is replaced by "legal, scientific and technical" and the words "as referred to in Article 34 (5) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council" are added at the end of the text of the letter.
12. in Article 6 (2) (j), the words "supplementary expert opinion" are replaced by the words "second expert opinion."
13. In Article 7, the following paragraph 6 is inserted after paragraph 5:
"(6) Samples or samples of chilled food, frozen food or quick-frozen food shall be delivered to the laboratory at specified temperatures. However, short-term variations outside the specified temperature environment shall be permitted if it is necessary to adapt to the practical handling conditions during the collection, transport, storage or transfer of the sample to the laboratory. ';
Paragraph 6 shall become paragraph 7.
14. in Article 7 (7), "5" is replaced by "6."
15. in Paragraph 8 (2):
"(2) Where a sample is provided for a second expert opinion at the request of the checked person and the inhomogeneity of the character evaluated within the lot, part of the lot, batch or consignment may be assumed, a laboratory sample shall be prepared in the laboratory, in accordance with the procedure referred to in paragraph 1 (a), which shall be divided into a laboratory sample or samples for official control and a laboratory sample for a second expert opinion. ';
16. in Article 11 (2), the words "Conformity assessment - General requirements for the competence of test and calibration laboratories." shall be replaced by "General requirements for the competence of test and calibration laboratories."
17. In Section 12 of the Introductory Part of the provision, the word "collected 'is replaced by the word" provided', the words "additional expert opinion 'are replaced by the words" second expert opinion' and the words "sample and test methods' are replaced by the words" sample, test methods, test protocol formalities'.
18. in Article 12 (b):
"(b) in the test report referred to in Article 11,
1. the number of the sampling record that it was a sample for the second expert opinion and whether its packaging and safety features were intact, including the indication of the safety packaging or seal number, if indicated on the packaging or seal; and
2. expanded measurement uncertainty for individual test results, if these are established, including whether this is relative or absolute, where this is not obvious. ';
19. The following Section 12a is inserted after Section 12, including the title and footnote 7:
Method of assessing the result of the sample test for the second expert opinion pursuant to § 16 (7) (c) of the Act
(1) The control authority will assess the result and the method of evaluation of the sample test for the second expert opinion as non-compliant if it finds that the result of the sample test for the second expert opinion does not comply with the requirements for the character to be observed or that the test result has been misevaluated.
(2) If a test of the laboratory sample for official control reveals a result not complying with the requirements for the character to be followed, the expanded measurement uncertainty is not established for that result, and the checked person submits the result of the sample test for the second expert opinion declaring compliance with the requirements for the character to be followed, the control authority shall assess the result of the sample test for the second expert opinion as complying with Article 16 (7) (c) of the Law.
(3) If a test of the laboratory sample for official control reveals a result not complying with the requirements of the character to be followed, the expanded measurement uncertainty being established for that result, and the checked person submits the result of the sample test for the second expert opinion declaring compliance with the requirements of the mark to be followed, the control authority shall assess the result of the sample test for the second expert opinion in accordance with the procedure set out in the Annex to this Regulation.
(4) If the result of the assessment referred to in paragraph 3 and the Annex thereto is such that the difference in R results is less than the critical difference of Delta, the result of the sample test for the second expert opinion shall be considered as non-compliant.
(5) If, when checking the requirements of Commission Regulation (EC) No 1881 / 20067), the result of the assessment referred to in paragraph 3 and the Annex thereto is such that the difference in R results is equal to or greater than the critical difference of Delta, the supervisory authority shall ensure that the arbitration sample is tested. The final assessment of the sample shall be based on the result of the arbitration test. The result of the examination of the sample for official control and of the sample for the second expert opinion shall not be taken into account when the result of the test of the arbitration sample is assessed as non-compliant.
(6) If, in a case other than that referred to in paragraph 5, the result of the assessment referred to in paragraph 3 and the Annex thereto is such that the difference in the results of the R results is equal to or greater than the critical difference of Delta, the result of the sample test for the second expert opinion shall be considered satisfactory under Paragraph 16 (7) (c) of the Law.
7) Commission Regulation (EC) No 1881 / 2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs, as amended. ';
20. The following Annex is added, including the title:
"Annex to Decree No 231 / 2016 Coll.
Procedure for assessing the result of the sample test for the second expert opinion
Sample for official control:
XK numerical value of sample test result for official control
UK numerical value of absolute expanded uncertainty of measurement of sample test result for official control
Sample for second expert opinion:
XD numerical value of sample test result for second expert opinion
UD numerical value of absolute expanded uncertainty of measurement of sample test result for second expert opinion
Difference of R results:
R = str 124; XK - XD 124;
Critical difference Delta:
Delta = UK2 + UD2 '.
Final provision
This Decree was notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical and information society services.
Efficacy
This Decree shall take effect on 1 April 2022.
Minister:
Ing. Nekula v. r.
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Regulation Information
| Citation | Decree No. 56 / 2022 Coll., amending Decree No. 231 / 2016 Coll., on the collection, preparation and testing methods of food and tobacco control samples, as amended by Decree No. 78 / 2018 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.03.2022 |
|---|---|
| Effective from | 01.04.2022 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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