Regulation (EC) No 854/2004 of the European Parliament and of the Council (repealed)Show full title

Article 4 General principles for official controls in respect of all products of animal origin falling within the scope of this Regulation

1. Member States shall ensure that food business operators offer all assistance needed to ensure that official controls carried out by the competent authority can be performed effectively

They shall in particular:

• give access to all buildings, premises, installations or other infrastructures;

• make available any documentation and record required under the present regulation or considered necessary by the competent authority for judging the situation.

2. The competent authority shall carry out official controls to verify food business operators' compliance with the requirements of:

(a) Regulation (EC) No .../2004(1);

(b) Regulation (EC) No .../2004(2); and

(c) Regulation (EC) No 1774/2002.

3. The official controls referred to in paragraph 1 shall include:

(a) audits of good hygiene practices and hazard analysis and critical control point (HACCP)-based procedures;

(b) the official controls specified in Articles 5 to 8; and

(c) any particular auditing tasks specified in the Annexes.

4. Audits of good hygiene practices shall verify that food business operators apply procedures continuously and properly concerning at least:

(a) checks on food-chain information;

(b) the design and maintenance of premises and equipment;

(c) pre-operational, operational and post-operational hygiene;

(d) personal hygiene;

(e) training in hygiene and in work procedures;

(f) pest control;

(g) water quality;

(h) temperature control; and

(i) controls on food entering and leaving the establishment and any accompanying documentation.

5. Audits of HACCP-based procedures shall verify that food business operators apply such procedures continuously and properly, having particular regard to ensuring that the procedures provide the guarantees specified in Section II of Annex II to Regulation (EC) No .../2004(3). They shall, in particular, determine whether the procedures guarantee, to the extent possible, that products of animal origin:

(a) comply with microbiological criteria laid down under Community legislation;

(b) comply with Community legislation on residues, contaminants and prohibited substances; and

(c) do not contain physical hazards, such as foreign bodies.

When, in accordance with Article 5 of Regulation (EC) No .../2004(4), a food business operator uses procedures set out in guides to the application of HACCP principles rather than establishing its own specific procedures, the audit shall cover the correct use of these guides.

6. Verification of compliance with the requirements of Regulation (EC) No .../2004(5) concerning the application of identification marks shall take place in all establishments approved in accordance with that Regulation, in addition to verification of compliance with other traceability requirements.

7. In the case of slaughterhouses, game handling establishments and cutting plants placing fresh meat on the market, an official veterinarian shall carry out the auditing tasks referred to in paragraphs 3 and 4.

8. When carrying out auditing tasks, the competent authority shall take special care:

(a) to determine whether staff and staff activities in the establishment at all stages of the production process comply with the relevant requirements of the Regulations referred to in paragraph 1(a) and (b). To support the audit, the competent authority may carry out performance tests, in order to ascertain that staff performance meets specified parameters;

(b) to verify the food business operator's relevant records;

(c) to take samples for laboratory analysis whenever necessary; and

(d) to document elements taken into account and the findings of the audit.

9. The nature and intensity of auditing tasks in respect of individual establishments shall depend upon the assessed risk. To this end, the competent authority shall regularly assess:

(a) public and, where appropriate, animal health risks;

(b) in the case of slaughterhouses, animal welfare aspects;

(c) the type and throughput of the processes carried out; and

(d) the food business operator's past record as regards compliance with food law.

(1)

Note for the Official Journal: insert number of Regulation on the hygiene of foodstuffs (see recital 1, 1st Regulation).

(2)

Note for the Official Journal: insert number of Regulation laying down specific hygiene rules for food of animal origin (see recital 1, 2nd Regulation).

(3)

Note for the Official Journal: insert number of Regulation laying down specific hygiene rules for food of animal origin (see recital 1, 2nd Regulation).

(4)

Note for the Official Journal: insert number of Regulation on the hygiene of foodstuffs (see recital 1, 1st Regulation).

(5)

Note for the Official Journal: insert number of the Regulation laying down specific hygiene rules for food of animal origin (see recital 1,2nd Regulation).