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1. Without prejudice to the derogations provided for by Council Regulation (EEC) No.103/76 of 19th January 1976 as amended((1)) (laying down common marketing standards for certain fresh or chilled fish,) each batch of fishery products must be submitted for inspection by the food authority at the time of landing or before first sale to check whether they are fit for human consumption; this inspection comprises an organoleptic check carried out by sampling.
2. Fishery products complying, as far as the fre shness criteria are concerned, with the common marketing standards already laid down pursuant to Article 2 of Regulation (EEC) No.3796/81 as amended((2)) are considered to fulfil the organoleptic requirements necessary for compliance with the provisions of these Regulations.
3. The organoleptic examinations must be repeated after the first sale of fishery products, if it is found that the requirements of these Regulations have not been complied with, or when considered necessary; after the first sale, fishery products must at least comply with the minimum freshness requirements of the aforementioned Regulation.
4. If the organoleptic examination reveals that the fishery products are not fit for human consumption, measures must be taken to withdraw them from the market and denature in such a way that they cannot be re-used for human consumption.
5. If the organoleptic examination reveals any doubt as to the freshness of the fishery products, use may be made of chemical checks or microbiological analyses.
OJ No.L 20, 28.1.1976, p. 29.Regulation last amended by Regulation (EEC) No.33/89 (OJ No.L 5, 7.1.1989, p. 18).
OJ No.L 379, 31.12.1981, p. 1, as last amended by Regulation (EEC) No.2886/89 (OJ No.L 282, 2.10.1989, p. 1.)
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