1.The following fresh, frozen and quick-frozen poultry cuts may be marketed by way of business or trade within [F1Great Britain] only if the water content does not exceed the technically unavoidable values determined by the method of analysis described in Annex VIII (chemical method):
(a)chicken breast fillet, with or without wishbone, without skin;
(b)chicken breast, with skin;
(c)chicken thighs, drumsticks, legs, legs with a portion of the back, leg quarters, with skin;
(d)turkey breast fillet, without skin;
(e)turkey breast, with skin;
(f)turkey thighs, drumsticks, legs, with skin;
(g)deboned turkey leg meat, without skin.
2.The competent [F2authority] shall ensure that the slaughterhouses and cutting plants, whether or not attached to slaughterhouses, adopt all measures necessary to comply with the provisions of paragraph 1 and in particular that:
(a)regular checks on water absorbed are carried out in the slaughterhouses in accordance with Article 16(1) also for chicken and turkey carcases intended for the production of the fresh, frozen and quick-frozen cuts listed in paragraph 1 of this Article. These checks shall be carried out at least once each working period of eight hours. However, in the case of air chilling of turkey carcases, regular checks on water absorbed need not be carried out. The limit values fixed in point 10 of Annex IX shall also apply for turkey carcases;
(b)results of the checks are recorded and kept for a period of one year;
(c)each batch is marked in such a way that its date of production can be identified; this batch mark must appear on the production record.
Where, in the case of air chilling of chickens, the results of checks referred to in point (a) and in paragraph 3 show compliance with the criteria laid down in Annexes VI to IX during a period of six months, the frequency of the checks referred to in point (a) may be reduced to once every month. Any failure to comply with the criteria laid down in Annexes VI to IX shall result in reinstatement of checks as referred to in point (a).
3.At least once every three months, checks on the water content referred to in paragraph 1 shall be carried out, by sampling, on frozen and quick-frozen poultry cuts from each cutting plant producing such cuts, in accordance with Annex VIII. These checks do not have to be conducted for poultry cuts in respect of which proof is provided to the satisfaction of the competent authority that they are intended exclusively for export.
After one year of compliance with the criteria laid down in Annex VIII in a particular cutting plant, the frequency of tests shall be reduced to once every six months. Any failure to comply with these criteria shall result in reinstatement of checks as referred to in the first subparagraph.
4.Article 16(3) to (6) and [F3Article] 18 shall apply, mutatis mutandis, for poultry cuts referred to in paragraph 1 of this Article.
Textual Amendments
F1Words in Art. 20(1) substituted (31.12.2020) by S.I. 2019/1422, regs. 1, 8(18)(a) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(18)(g)); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in Art. 20(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 8(18)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in Art. 20(4) substituted (E.W.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 3(4) and (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 3(5)