(EC) No 2073_2005 on microbiological criteria for foodstuffs

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410B5B21926241F098CBDF7E001E0C50

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2007-4-26

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I,(Acts whose publication is obligatory),COMMISSION REGULATION (EC) No 2073/2005,of 15 November 2005,on microbiological criteria for foodstuffs,(Text with EEA relevance),THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European,Community,Having regard to Regulation (EC) No 852/2004 of the,European Parliament and of the Council of 29 April 2004 on,the hygiene of foodstuffs (1), and in particular Articles 4(4),and 12 thereof,Whereas:,(1) A high level of protection of public health is one of the,fundamental objectives of food law, as laid down in,Regulation (EC) No 178/2002 of the European Parliament,and of the Council of 28 January 2002 laying,down the general principles and requirements of food,law, establishing the European Food Safety Authority and,laying down procedures in matters of food safety (2).,Microbiological hazards in foodstuffs form a major,source of food-borne diseases in humans.,(2) Foodstuffs should not contain micro-organisms or their,toxins or metabolites in quantities that present an,unacceptable risk for human health.,(3) Regulation (EC) No 178/2002 lays down general food,safety requirements, according to which food must not,be placed on the market if it is unsafe. Food business,operators have an obligation to withdraw unsafe food,from the market. In order to contribute to the protection,of public health and to prevent differing interpretations,it is appropriate to establish harmonised safety criteria on,the acceptability of food, in particular as regards the,presence of certain pathogenic micro-organisms.,(4) Microbiological criteria also give guidance on the,acceptability of foodstuffs and their manufacturing,handling and distribution processes. The use of microbiological,criteria should form an integral part of the,implementation of HACCP-based procedures and other,hygiene control measures.,(5) The safety of foodstuffs is mainly ensured by a preventive,approach, such as implementation of good hygiene,practice and application of procedures based on hazard,analysis and critical control point (HACCP) principles.,Microbiological criteria can be used in validation and,verification of HACCP procedures and other hygiene,control measures. It is therefore appropriate to set,microbiological criteria defining the acceptability of the,processes, and also food safety microbiological criteria,setting a limit above which a foodstuff should be,considered unacceptably contaminated with the microorganisms,for which the criteria are set.,(6) According to Article 4 of Regulation (EC) No 852/2004,food business operators are to comply with microbiological,criteria. This should include testing against the,values set for the criteria through the taking of samples,the conduct of analyses and the implementation of,corrective actions, in accordance with food law and the,instructions given by the competent authority. It is,therefore appropriate to lay down implementing measures,concerning the analytical methods, including,where necessary, the measurement uncertainty, the,sampling plan, the microbiological limits, the number,of analytical units that should comply with these limits.,Furthermore, it is appropriate to lay down implementing,measures concerning the foodstuff to which the criterion,applies, the points of the food chain where the criterion,applies, as well as the actions to be taken when the,criterion is not met. The measures to be taken by the,food business operators in order to ensure compliance,with criteria defining the acceptability of a process may,include, among other things, controls of raw materials,hygiene, temperature and shelf-life of the product.,22.12.2005 EN Official Journal of the European Union L 338/1,(1) OJ L 139, 30.4.2004, p. 1, corrected by OJ L 226, 25.6.2004,p. 3.,(2) OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation,(EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).,(7) 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) requires the Member States to,ensure that official controls are carried out regularly, on a,risk basis and with appropriate frequency. Those controls,should take place at appropriate stages of the production,processing and distribution of food to ensure that the,criteria laid down in this Regulation are complied with by,food business operators.,(8) The Communication from the Commission on the,Community Strategy for setting microbiological criteria,for foodstuffs (2) describes the strategy to lay down and,revis……

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