Commission Regulation (EC) No 273/2008 (repealed)Show full title

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Subject matter and scope

1. This Regulation lays down certain reference methods for the chemical, physical and microbiological analysis and sensory evaluation of milk and milk products to be used under the arrangements provided for in the common organisation of the market in milk and milk products established by Regulation (EC) No 1255/1999 and the rules for applying those methods.

2. The list of the reference methods applicable to analyses as referred to in paragraph 1 is laid down in Annex I to this Regulation.

3. The Commission shall update the list in accordance with the procedure laid down in Article 42 of Regulation (EC) No 1255/1999.

Article 2 U.K. Routine methods

Routine methods may be used for analyses required by the Community rules provided that they are properly calibrated and regularly checked against the reference method. Results shall be compared taking into account the constant bias, the repeatability and the reproducibility.

In cases of dispute, the result obtained by the reference method shall be decisive.

Member States shall inform the Commission on the use of routine methods in the analysis referred to in Article 1.

CHAPTER II U.K. METHODS OF ANALYSIS

Article 3 U.K. Evaluation of compliance of a consignment with a legal limit

Except for the analysis of tracers, Annex II to this Regulation shall apply in order to define compliance with legal compositional requirements.

Article 4 U.K. Sensory evaluation

1. For milk and milk products other than butter for public storage, the reference method to be used by the Member States for sensory evaluation shall be either IDF standard 99C:1997 or other comparable methods which they shall notify to the Commission.

The procedures described in Annex III shall be applied to check the performance of assessors and the reliability of results in sensory analyses.

2. For butter for public storage, the procedures described in Annex III shall be applied to check the performance of assessors and the reliability of results in sensory analyses.

The procedure laid down in Annex IV shall be applied as a reference method for sensory evaluation.

Article 5 U.K. Tracers

1. The method of analysis laid down in Annex V shall be used as the reference method for determining the content of enanthic acid triglyceride in butter, butter-oil and cream.

2. The method of analysis laid down in Annex VI shall be used as the reference method for determining vanillin in concentrated butter, butter and cream.

3. The method of analysis laid down in Annex VII shall be used as the reference method for determining the ethyl ester of beta-apo-8' carotenic acid content of concentrated butter and butter.

4. The analysis method laid down in Annex VIII shall be used as the reference method for determining the β-sitosterol or stigmasterol content of butter and concentrated butter.

5. Concentrated butter, butter and cream are considered to be traced in conformity with the relevant Community rules if the results obtained are in accordance with the specifications of points 10 and 11 of Annex V and point 8 of Annexes VI, VII and VIII.

Article 6 U.K. Detection of cows’ milk casein

1. The reference method of analysis laid down in Annex IX shall be used to ensure that cheese made exclusively from ewes’ milk, goats’ milk or buffalos’ milk or from a mixture of ewes’, goats’ and buffalos’ milk does not contain cows’ milk casein.

Cows’ milk casein is considered to be present if the cows’ milk casein content of the analysed sample is equal to or higher than the content of the reference sample containing 1 % cows’ milk as laid down in Annex IX.

2. Routine methods for detecting cows’ milk casein in cheeses referred to in paragraph 1 may be used provided that:

(a) the detection limit is maximum 0,5 %; and

(b) there are no false-positive results; and

(c) cows’ milk casein is detectable with the required sensitivity even after long ripening periods, as may occur in usual commercial conditions.

If any of the above mentioned requirements is not met, the reference methods laid down in Annex IX shall be used.

Article 7 U.K. Detection of coliforms

Coliforms in butter, skimmed-milk powder, casein and caseinates shall be detected in accordance with the reference method laid down in Annex X.

Article 8 U.K. Determination of the lactose content

The lactose content of products falling within CN code 2309 shall be determined in accordance with the reference method laid down in Annex XI.

Article 9 U.K. Detection of rennet whey

1. Rennet whey in skimmed-milk powder intended for public storage shall be detected in accordance with the reference method laid down in Annex XII.

2. Rennet whey in skimmed-milk powder and mixtures intended for use as animal feed shall be detected in accordance with the reference method laid down in Annex XII. In case of detection of rennet whey, Annex XIII should be implemented.

Article 10 U.K. Detection of buttermilk

Buttermilk in skimmed-milk powder shall be detected in accordance with the reference method laid down in Annex XIV.

Article 11 U.K. Detection of antimicrobiotic residues

Antimicrobial residues in skimmed-milk powder shall be detected in accordance with the reference method laid down in Annex XV.

Article 12 U.K. Determination of skimmed-milk powder content

Skimmed-milk powder content in compound feedingstuffs shall be determined in accordance with the reference method laid down in Annex XVI.

Article 13 U.K. Detection of starch

Starch in skimmed-milk powder, denatured milk powder and compound feedingstuffs shall be detected in accordance with the reference method laid down in Annex XVII.

Article 14 U.K. Determination of moisture content in dried cream

Moisture content in dried cream shall be determined in accordance with the reference method laid down in Annex XVIII.

Article 15 U.K. Determination of moisture content of acid buttermilk powder

Moisture content in acid buttermilk powder intended for use in feedingstuffs shall be determined in accordance with the reference method laid down in Annex XIX.

Article 16 U.K. Determination of milk fat purity

Milk fat purity shall be determined in accordance with the reference method laid down in Annex XX.

CHAPTER III U.K. GENERAL AND FINAL PROVISIONS

Article 17 U.K. Quality assurance

Analyses shall be performed in laboratories having an analytical quality assurance system including internal quality control procedures. Not accredited laboratories shall participate in proficiency testing schemes at least once per year and their results shall not deviate by more than 2σ_R (reproducibility standard deviation of the reference method) from the consensus value. A detailed description of the systems used shall be available for consultation in the laboratory.

Laboratories that are accredited in accordance with the standards referred to in Article 12 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(1) shall be exempted from the obligation to participate in proficiency testing.

Article 18 U.K. Sampling and disputes over the results of analysis

1. Sampling shall be carried out in accordance with the relevant regulation for the product under consideration. If no sampling provisions are presented, then the provision given in ISO 707 | IDF 50, Milk and milk products — Guidance of sampling, shall be used.

2. Laboratory reports of the results of the analysis must contain sufficient information for an evaluation of the results to be made in accordance with Annex II and Annex XXI.

3. Duplicate samples must be taken for analyses required under Community rules.

4. The procedure described in Annex XXI shall be used in cases where the results of an analysis are not accepted by the operator.

5. If the manufacturer can prove, within five working days of sampling, that the sampling procedure was not carried out correctly, sampling must be repeated where possible. If sampling cannot be repeated, the consignment must be accepted.

Article 19 U.K. Transition period

Evaluation of compliance according to Annex II to this Regulation shall be performed within 12 months after its entry into force. Member States will immediately report to the Commission where necessary if any major problem is encountered during this period with the statistical control procedure.

Article 20 U.K. Repeals

Regulation (EC) No 213/2001 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XXII.

Article 21 U.K. Entry into force

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

It shall apply from 31 March 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 March 2008.

For the Commission

Mariann Fischer Boel

Member of the Commission