- Latest available (Revised)
- Point in Time (31/12/2020)
- Original (As adopted by EU)
Commission Regulation (EC) No 1882/2006 of 19 December 2006 laying down methods of sampling and analysis for the official control of the levels of nitrates in certain foodstuffs (Text with EEA relevance)
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
Point in time view as at 31/12/2020.
There are currently no known outstanding effects for the Commission Regulation (EC) No 1882/2006.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Official controls shall be performed in accordance with the provisions of Regulation (EC) No 882/2004. The following general provisions shall apply without prejudice to the provisions in Regulation (EC) No 882/2004.
Samples intended for official control of the levels of nitrate content in foodstuffs listed in Section 1 of the Annex to Regulation (EC) No 1881/2006 shall be taken according to the methods set out in this Annex. Aggregate samples thus obtained, either directly from a field or from a lot, shall be considered as representative of the lots.
Compliance shall be established on the basis of the levels determined in the laboratory samples.
For the purpose of this Annex, the following definitions shall apply:
‘lot’ means an identifiable quantity of a food commodity to be harvested at the same time or delivered at one time and determined by the official to have common characteristics, such as origin, variety or soil type within a maximum area of 2 hectares, type of packing, packer, consignor or markings.
‘sublot’ means a designated part of a large lot in order to apply the sampling method on that designated part; each sublot must be physically separate and identifiable.
‘incremental sample or unit’ means a quantity of material taken from a single place in the lot or sublot. In this case it may be a single lettuce or spinach head, or handful of baby leaf, or one bag of cut leaves.
‘aggregate sample’ means the combined total of all the incremental samples taken from the lot or sublot.
‘laboratory sample’ means a sample intended for the laboratory.
‘field’ means a specified area of land of the same soil type and cultivation practice, containing a single variety of lettuce or spinach at same growth stage. ‘Field’ may also be referred to as ‘lot’ in the method of sampling.
‘area under cover’ means a specified area of land covered by a glasshouse or a polytunnel (plastic or polyethylene tunnel or greenhouse) containing a single variety of lettuce or spinach at the same growth stage and to be harvested at the same time. ‘Area under cover’ may also be referred to as ‘lot’ in the method of sampling.
Sampling shall be performed by an authorised person F1....
Textual Amendments
F1Words in Annex para. A.3.1 omitted (31.12.2020) by virtue of The Contaminants in Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/639), regs. 1, 27(a) (as substituted by S.I. 2020/1504, regs. 1(2), 8(9)); 2020 c. 1, Sch. 5 para. 1(1)
Each lot which is to be examined shall be sampled separately. Large lots (i.e. lots of more than 30 tonnes or larger than 3 hectares) shall be subdivided into sublots to be sampled separately.
In the course of sampling and preparation of the samples, precautions shall be taken to avoid any changes, which would affect:
the nitrate content, adversely affect the analytical determination or make the aggregate samples unrepresentative, e.g. the presence of soil on lettuce or spinach during sample preparation,
the food safety or integrity of the lots to be sampled.
Also, all measures necessary to ensure the safety of the persons taking the samples shall be taken.
As far as possible incremental samples shall be taken at various places distributed throughout the lot or sublot. Departure from such procedure shall be recorded in the record provided for under part A.3.8. of this Annex.
The aggregate sample shall be made up by combining the incremental samples.
The replicate samples for enforcement, defence and reference purposes shall be taken from the homogenised aggregate sample, unless such procedure conflicts with [F2the rules applicable in each constituent territory of Great Britain] as regards the rights of the food business operator.
Textual Amendments
F2Words in Annex para. A.3.6 substituted (31.12.2020) by The Contaminants in Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/639), regs. 1, 27(b) (as substituted by S.I. 2020/1504, regs. 1(2), 8(9)); 2020 c. 1, Sch. 5 para. 1(1)
Each sample shall be placed in a clean, inert sealed opaque plastic bag to prevent loss of moisture and offering adequate protection against any damage or contamination.
The sample must be transferred to the laboratory within 24 hours of sampling and shall be kept cool during transport. If this is not possible the sample shall be deep-frozen within 24 hours and kept frozen (up to a maximum of six weeks).
All additional necessary precautions shall be taken to avoid any change in composition of the sample, which might arise during transportation or storage.
Each sample taken for official use shall be sealed at the place of sampling and identified following the rules [F3applicable in each constituent territory of Great Britain].
Textual Amendments
F3Words in Annex para. A.3.8 substituted (31.12.2020) by The Contaminants in Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/639), regs. 1, 27(c) (as substituted by S.I. 2020/1504, regs. 1(2), 8(9)); 2020 c. 1, Sch. 5 para. 1(1)
A record shall be kept of each sampling, permitting each lot to be identified unambiguously and the sampling officer shall record the variety, grower, production method, date, place of sampling, food business operator responsible for consignment, and any other relevant information likely to be of assistance to the analyst.
Food commodities may be traded in bulk or in containers, including sacks, bags and crates, or in individual retail packings. The method of sampling may be applied to all the different forms in which the commodities are put on the market.
As far as possible, incremental samples shall be taken at various places throughout the lot or sublot.
In case the competent authority considers it necessary to sample the lettuce or spinach in the field, the sampling has to be performed as follows:
Incremental samples shall not be collected from areas that appear to be unrepresentative of the field or area under cover. Areas with different soil types, which have been subjected to different cultivation practices or contain different lettuce or spinach varieties, or to be harvested at a different time, shall be treated as separate lots or fields. If the field is larger than 3 hectares, the field shall be divided into sublots of 2 hectares and each sublot shall be sampled separately.
Incremental samples shall be collected by walking a ‘W’ or ‘X’ shaped pattern across the field. Crops harvested from narrow beds or area under cover shall be harvested in a ‘W’ or ‘X’ shaped pattern from several beds and pooled to form the aggregate sample.
Plants must be cut at ground level.
The sample must contain at least 10 plants, and the aggregate sample of 10 plants must weigh at least 1 kg. Only units of a marketable size shall be sampled(1). Soil, outer non-edible and damaged leaves shall be removed from each unit.
The sampling method is applicable to lots smaller than or equal to 25 tonnes.
In the case of large lots (lots > 30 tonnes), the lot shall be subdivided into sublots of in principle 25 tonnes on condition that the sublot may be separated physically. Taking into account that the weight of the lot is not always an exact multiple of 25 tonnes, the weight of the sublot may exceed the mentioned weight by a maximum of 20 %. This means that the sublot may have weight ranging from 15 to 30 tonnes. In case the lot is not or cannot be physically separated into sublots, the sample is taken from the lot.
The aggregate sample shall be at least 1 kg, except where it is not possible e.g. when sampling a single head or package.
The minimum number of incremental samples to be taken from the lot shall be as given in Table 1.
Minimum number of incremental samples to be taken from the lot
Weight of lot (in kg) | Minimum number of incremental samples to be taken | Aggregate sample minimum weight (kg) |
---|---|---|
< 50 | 3 | 1 |
50 to 500 | 5 | 1 |
> 500 | 10 | 1 |
If the lot consists of individual packages, then the number of packages, which shall be taken to form the aggregate sample, is given in Table 2.
Number of packages (incremental samples) which shall be taken to form the aggregate sample if the lot consists of individual packages
Number of packages or units in the lot | Number of packages or units to be taken | Aggregate sample minimum weight (kg) |
---|---|---|
1 to 25 | 1 package or unit | 1 |
26 to 100 | about 5 %, at least 2 packages or units | 1 |
> 100 | about 5 %, at maximum 10 packages or units | 1 |
Each lot or sublot to be checked for compliance, must be sampled separately. However, in cases where such method of sampling would lead to unacceptable commercial consequences resulting from damage to the lot (because of packaging formats, means of transport, etc.) then an alternative method of sampling may be applied, provided that it ensures that the aggregate sample is sufficiently representative of the sampled lot and is fully described and documented. The position from which a sample is taken in the lot shall preferably be chosen randomly but, where this is physically impractical, it shall be from a random position in the accessible parts of the lot.
Sampling of foodstuffs at the retail stage shall be done where possible in accordance with the sampling provisions set out in B.2.
Where that is not possible, an alternative method of sampling at retail stage may be used provided that it ensures that the aggregate sample is sufficiently representative of the sampled lot and is fully described and documented(2).
acceptance if the laboratory sample conforms to the maximum limit, taking into account the measurement uncertainty and correction for recovery,
rejection if the laboratory sample exceeds the maximum limit beyond reasonable doubt taking into account the measurement uncertainty and correction for recovery (i.e. the analytical result corrected for recovery and minus the expanded measurement uncertainty is used to assess compliance).
For the purposes of this Annex, the following definitions shall apply:
=
Repeatability, the value below which the absolute difference between two single test results obtained under repeatability conditions, namely same sample, same operator, same apparatus, same laboratory, and short interval of time may be expected to lie within a specific probability (typically 95 %) and hence r = 2,8 × sr.
=
Standard deviation, calculated from results generated under repeatability conditions.
=
Relative standard deviation, calculated from results generated under repeatability conditions ((sr /) × 100).
=
Reproducibility, the value below which the absolute difference between single test results obtained under reproducibility conditions, namely on identical material obtained by operators in different laboratories, using the standardised test method may be expected to lie within a certain probability (typically 95 %); R = 2,8 × sR.
=
Standard deviation, calculated from results under reproducibility conditions.
=
Relative standard deviation calculated from results generated under reproducibility conditions ((sR /) × 100).
Methods of analysis used for food control purposes must comply with the provisions of items 1 and 2 of Annex III to Regulation (EC) No 882/2004.
Particular attention must be paid to the extraction procedure applied. Several extraction procedures have proven to guarantee an effective extraction of the nitrate, such as hot water or methanol/water (30/70) extraction method. Cold water extraction may only be used if the analytical sample has been frozen prior to sample extraction.
The specific criteria for methods of analysis used in the monitoring of nitrate levels shall be:
Precision RSDr may be calculated as 0,66 times Precision RSDR at the concentration of interest. | |||
Criterion | Concentration range | Recommended value | Maximum permitted value |
---|---|---|---|
Recovery | < 500 mg/kg | 60-120 % | |
≥ 500 mg/kg | 90-110 % | ||
Precision RSDR | All | As derived from Horwitz Equation | 2 × value derived from Horwitz Equation |
Concentration ranges are not stated, as the precision values are calculated at the concentrations of interest,
the precision values are calculated from the Horwitz equation, i.e.:
RSDR = 2(1-0,5logC)
where:
The analytical result must be reported corrected or uncorrected for recovery. The manner of reporting and the level of recovery must be reported. The analytical result corrected for recovery shall be used for checking compliance.
The analytical result must be reported as × +/–- U whereby × is the analytical result and U is the expanded measurement uncertainty.
U is the expanded measurement uncertainty, using a coverage factor of 2 which gives a level of confidence of approximately 95 %.
The present interpretation rules of the analytical result in view of acceptance or rejection of the lot apply for the analytical result obtained on the sample for official control. In case of analysis for defence or referee purposes, the national rules apply.
Laboratory must comply with the provisions of Article 12 of Regulation (EC) No 882/2004.
The marketable size for lettuces, curled leaved and broad leaved endives is provided for in Commission Regulation (EC) No 1543/2001 of 27 July 2001 laying down the marketing standard for lettuces and curled leaved and broad-leaved endives (OJ L 203, 28.7.2001, p. 9), as last amended by Commission Regulation (EC) No 6/2005 of 4 January 2005 (OJ L 2, 5.1.2005, p. 3).
In case the portion to be sampled is so small that it is impossible to obtain an aggregate sample of 1 kg, the aggregate sample weight might be less than 1 kg. Also in case of sampling of processed cereal-based foods and baby foods for infants and young children, the aggregate sample weight might be 0,5 kg.
More details on procedures for the estimation of measurement uncertainty and on procedures for assessing recovery can be found in the report ‘Report on the relationship between analytical results, measurement uncertainty, recovery factors and the provisions of EU food and feed legislation’ — http://ec.europa.eu/food/food/chemicalsafety/contaminants/report-sampling_analysis_2004_en.pdf
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: