SI 2024/120 - The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2024

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STATUTORY INSTRUMENTS 2024 No. 120 AGRICULTURE, ENGLAND FOOD, ENGLAND The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation

(EU) 2019/1793) (England) Regulations 2024 Made - - - - 1st February 2024 Laid before Parliament 5th February 2024 Coming into force - - 7th March 2024 The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 53(1)

(b) and 57a(6) of Regulation (EC) No. 178/2002 of the European Parliament and of the Council 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(1) (“Regulation 178/2002”) and Articles 34(6), 47(2)(b), 54(4)(a) and (b) and 144(6) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (“Official Controls Regulation”)(2).

As required by Article 9 of Regulation 178/2002, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

As required by Article 144(7) of the Official Controls Regulation, the Secretary of State has consulted with such bodies or persons as appear appropriate.

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2024 and come into force on 7th March 2024.

(2) These Regulations extend to England and Wales but apply in relation to England only.

(1) EUR 2002/178, amended by S.I. 2019/641 and 2022/377. See Article 3(19) of EUR 2002/178 for the definition of “appropriate authority”.

(2) EUR 2017/625, amended by S.I. 2020/1481. See Article 3(2A) of EUR 2017/625 for the definition of “the appropriate authority”.Document Generated: 2024-03-07

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Amendment of Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures, etc.

2.—(1) Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009,

(EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660(3) is amended as follows.

(2) In Article 3 (sampling and analyses)—

(a) after paragraph (e), insert— “(ea)for food listed in Annex II due to the risk of presence of Listeria, the sampling and the analyses for the control of Listeria must be performed in accordance with the sampling procedures and the analytical reference methods laid down in Annex IIIa;”;

(b) in paragraph (f), for “and (e)” substitute “, (e) and (ea)”.

(3) In Article 10 (results of sampling and analyses performed by the competent authorities of the third country), in paragraph (2), after point (d) insert— “(e) the absence of Listeria in 25 g, for consignments of food listed in Annex II due to risk of microbiological contamination by Listeria.”.

(4) In Annex I, for the table (Table: England Food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border controls posts and control points) substitute the table in Schedule 1 to these Regulations.

(5) In Annex II, for the first table (Table 1: England Food and feed of non-animal origin referred to in Article 1(1)(b)(i)), substitute the table in Schedule 2 to these Regulations.

(6) After Annex III, insert the Annex IIIa contained in Schedule 3 to these Regulations.

Amendment of the Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022

3. In the Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022(4)—

(a) in regulation 2 (amendment of Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures, etc), omit paragraphs

(4) and (5)(a);

(b) omit Schedules 1 and 2.

(3) EUR 2019/1793, amended by S.I. 2020/1631 and 2022/1193.

(4) S.I. 2022/1193.

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Signed by authority of the Secretary of State for Health and Social Care Andrea Leadsom Parliamentary Under Secretary of State 1st February 2024 Department of Health and Social Care 3Document Generated: 2024-03-07

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SCHED ULES SCHEDULE 1 Regulation 2(4) Substitution of the table in Annex I to Commission Implementing Regulation (EU) 2019/1793 in relation to England “Table: England Food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) 1 Bolivia (BO) Groundnuts 1202 41 00 Aflatoxins 50

(peanuts), in shell (Food and feed) Groundnuts 1202 42 00

(peanuts), shelled (Food and feed) Peanut butter 2008 11 10 (Food and feed) Groundnuts 2008 11 91

(peanuts), 2008 11 96 otherwise prepared or preserved 2008 11 98 (Food and feed) Groundnut flours ex1208 90 00 20 and meals (Food and feed) Oilcake and other 2305 00 00 solid residues, whether or not ground or in the form of pellets, 4Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) resulting from the extraction of groundnut oil (Food and feed) Groundnuts paste ex2007 10 10 80 ex2007 10 99 50 (Food and feed) ex2007 99 39 07; 08 2 Brazil (BR) Black pepper ex0904 11 00 10 Salmonella(2) 50

(Piper) (Food – neither crushed nor ground) Groundnuts 1202 41 00 Pesticide 20

(peanuts), in shell residues (4) (Food and feed) Groundnuts 1202 42 00

(peanuts), shelled (Food and feed) Peanut butter 2008 11 10 (Food and feed) Groundnuts 2008 11 91

(peanuts), 2008 11 96 otherwise prepared or preserved 2008 11 98 (Food and feed) Oilcake and other 2305 00 00 solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 5Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) Groundnut flours ex1208 90 00 20 and meals (Food and feed) Groundnuts paste ex2007 10 10 80 ex2007 10 99 50 (Food and feed) ex2007 99 39 07; 08 3 China (CN) Groundnuts 1202 41 00 Aflatoxins 10

(peanuts), in shell (Food and feed) Groundnuts 1202 42 00

(peanuts), shelled (Food and feed) Peanut butter 2008 11 10 (Food and feed) Groundnuts 2008 11 91

(peanuts), 2008 11 96 otherwise prepared or preserved 2008 11 98 (Food and feed) Oilcake and other 2305 00 00 solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) Groundnut flours ex1208 90 00 20 and meals (Food and feed) Groundnuts paste ex2007 10 10 80 6Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) (Food and feed) ex2007 10 99 50 ex2007 99 39 07; 08 Sweet peppers ex0904 22 00 11 Salmonella(3) 10 (Capsicum annuum) (Food – crushed or ground) Tea, whether or not 0902 Pesticide 20 flavoured residues (4)(5)

(Food) 4 Colombia Granadilla ex0810 90 20 30 Pesticide 10

(CO) (Passiflora residues(4) ligularis) and passion fruit (Passiflora edulis)

(Food) 5 Dominican Aubergines 0709 30 00 Pesticide 20 Republic (Solanum residues (4)

(DO) melongena) (Food – fresh or chilled) Sweet peppers 0709 60 10 Pesticide 50 (Capsicum residues(4)(6) 0710 80 51 annuum) (Food – fresh, chilled or frozen) Peppers of the ex0709 60 99 20 genus Capsicum ex0710 80 59 20 (other than sweet) (Food – fresh, chilled or frozen) Yardlong ex0708 20 00 10 beans (Vigna ex0710 22 00 10 unguiculata subsp.

sesquipedalis) 7Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) (Food – fresh, chilled or frozen) 6 Ecuador (EC) Bananas 0803 90 10 Pesticide 5 residues (4) 0803 90 90 (Food - fresh or dried) 7 Egypt (EG) Oranges 0805 10 Pesticide 10 residues (4) (Food – fresh or dried) Sweet peppers 0709 60 10 Pesticide 20 (Capsicum residues(4)(7) 0710 80 51 annuum) (Food – fresh, chilled or frozen) Peppers of the ex0709 60 99 20 genus Capsicum ex0710 80 59 20 (other than sweet) (Food – fresh, chilled or frozen) 8 Georgia (GE) Hazelnuts (Corylus 0802 21 00 Aflatoxins 20 spp.), in shell

(Food) Hazelnuts (Corylus 0802 22 00 spp.), shelled

(Food) Flour, meal ex1106 30 90 40 and powder of hazelnuts

(Food) Hazelnuts, ex2008 19 19 30 otherwise prepared ex2008 19 95 20 or preserved ex2008 19 99 30

(Food) 9 Ghana (GH) Palm oil 1511 10 90 Sudan dyes(8) 20 8Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%)

(Food) 1511 90 11 ex1511 90 19 90 1511 90 99 10 India (IN) Curry leaves ex1211 90 86 10 Pesticide 50 (Bergera/ Murraya residues(4)(9) koenigii) (Food – fresh, chilled, frozen or dried) Okra ex0709 99 90 20 Pesticide 20 residues(4)(10) ex0710 80 95 30 (Food – fresh, chilled or frozen) Drumsticks ex0709 99 90 10 Pesticide 20 (Moringa oleifera) residues (4) ex0710 80 95 75 (Food fresh, chilled or frozen) Cinnamon and 0906 Pesticide 10 cinnamon-tree residues(4)(21) flowers (Food – dried spices) Cloves (whole 0907 fruit, cloves and stems) (Food – dried spices) Nutmeg, mace and 0908 cardamoms (Food – dried spices) Seeds of anise, 0909 badian, fennel, coriander, cumin or caraway, juniper berries 9Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) (Food – dried spices) Ginger, saffron, 0910 turmeric

(Curcuma), thyme, bay leaves, curry and other spices (Food – dried spices) Rice 1006 Aflatoxins and 5 Ochratoxin A

(Food) Pesticide 5 residues(4) 11 Iran (IR) Melon seeds 1207 70 Aflatoxins 10

(Food) 12 Kenya (KE) Beans (Vigna spp., 0708 20 Pesticide 10 Phaseolus spp.) residues(4) (Food – fresh or chilled) Peppers of the ex0709 60 99 20 genus Capsicum ex0710 80 59 20 (other than sweet) (Food – fresh, chilled or frozen) 13 Cambodia Chinese ex0709 40 00 20 Pesticide 50

(KH) celery (Apium residues (4)(11) graveolens) (Food – fresh or chilled herb) Yardlong ex0708 20 00 10 Pesticide 50 beans (Vigna residues(4)(12) ex0710 22 00 10 unguiculata subsp. sesquipedalis) (Food – fresh, chilled or frozen) 10Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) 14 Lebanon (LB) Turnips (Brassica ex2001 90 97 11; 19 Rhodamine B 50 rapa subsp. rapa ) (Food – prepared or preserved by vinegar or acetic acid) Turnips (Brassica ex2005 99 80 93 rapa subsp. rapa) (Food – prepared or preserved by brine or citric acid, not frozen ) 15 Madagascar Cow peas (Vigna 0713 35 00 Pesticide 10

(MG) unguiculata residues (4) subspp.)

(Food) Groundnuts 1202 41 00 Aflatoxins 50

(peanuts), in shell (Food and feed) Groundnuts 1202 42 00

(peanuts), shelled (Food and feed) Peanut butter 2008 11 10 (Food and feed) Groundnuts 2008 11 91

(peanuts), 2008 11 96 otherwise prepared or preserved 2008 11 98 (Food and feed) Groundnut flours ex1208 90 00 20 and meals (Food and feed) 11Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) Oilcake and other 2305 00 00 solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 16 Malaysia Jackfruit ex0810 90 20 20 Pesticide 50

(MY) (Artocarpus residues (4) heterophyllus) (Food – fresh) 17 Nigeria (NG) Sesamum seeds 1207 40 90 Salmonella(2) 50

(Food) 18 Pakistan (PK) Rice 1006 Aflatoxins and 5 Ochratoxin A

(Food) Pesticide 5 residues (4) 19 Sierra Leone Watermelon (egusi, ex1207 70 00 10 Aflatoxins 50

(SL) Citrullus spp.) ex1208 90 00 10 seeds and derived products ex2008 99 99 50

(Food) 20 Senegal (SN) Groundnuts 1202 41 00 Aflatoxins 50

(peanuts), in shell (Food and feed) Groundnuts 1202 42 00

(peanuts), shelled (Food and feed) Peanut butter 2008 11 10 (Food and feed) 12Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) Groundnuts 2008 11 91

(peanuts), 2008 11 96 otherwise prepared or preserved 2008 11 98 (Food and feed) Groundnut flours ex1208 90 00 20 and meals (Food and feed) Oilcake and other 2305 00 00 solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) Groundnuts paste ex2007 10 10 80 ex2007 10 99 50 (Food and feed) ex2007 99 39 07; 08 21 Syria (SY) Sesamum seeds 1207 40 90 Salmonella(2) 10

(Food) Tahini and halva ex1704 90 99 12; 92 from Sesamum ex1806 20 95 13; 93 seeds ex1806 90 50 10

(Food) ex1806 90 60 11; 91 ex2008 19 19 40 ex2008 19 99 40 Turnips (Brassica ex2001 90 97 11; 19 Rhodamine B 50 rapa subsp. rapa) (Food – prepared or preserved by 13Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) vinegar or acetic acid) Turnips (Brassica ex2005 99 80 93 rapa subsp. rapa) (Food – prepared or preserved by brine or citric acid, not frozen) 22 Thailand Food containing or ex1404 90 00 Salmonella(3) 10

(TH) consisting of betel leaves (Piper betle)

(Food) Peppers of the ex0709 60 99 20 Pesticide 50 genus Capsicum residues(4)(13) ex0710 80 59 20 (other than sweet) (Food – fresh, chilled or frozen) 23 Türkiye (TR) Lemons (Citrus 0805 50 10 Pesticide 20 limon, Citrus residues(4)(14) limonum) (Food – fresh, chilled or dried) Mandarins 0805 21 Pesticide 20 (including residues(4) 0805 22 tangerines and satsumas); 0805 29 clementines, wilkings and similar citrus hybrids (Food – fresh or dried) Oranges 0805 10 Pesticide 20 residues(4) (Food – fresh or dried) 14Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) Pomegranates ex0810 90 75 30 Pesticide 20 residues (4)(15) (Food – fresh or chilled) Sweet Peppers 0709 60 10 Pesticide 20 (Capsicum residues(4)(16) 0710 80 51 annuum) (Food – fresh, chilled or frozen) Peppers of the ex0709 60 99 20 Pesticide 20 genus Capsicum residues(4) ex0710 80 59 20 (other than sweet) (Food – fresh, chilled or frozen) Unprocessed ex1212 99 95 20 Cyanide 50 whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer

(Food)(17)(18) 24 Uganda (UG) Peppers of the ex0709 60 99 20 Pesticide 50 genus Capsicum residues (4) ex0710 80 59 20 (other than sweet) (Food – fresh, chilled or frozen) 25 United States Groundnuts 1202 41 00 Aflatoxins 10

(US) (peanuts), in shell (Food and feed) Groundnuts 1202 42 00

(peanuts), shelled (Food and feed) Peanut butter 2008 11 10 15Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) (Food and feed) Groundnuts 2008 11 91

(peanuts), 2008 11 96 otherwise prepared or preserved 2008 11 98 (Food and feed) Groundnut flours ex1208 90 00 20 and meals (Food and feed) Oilcake and other 2305 00 00 solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) Groundnuts paste ex2007 10 10 80 ex2007 10 99 50 (Food and feed) ex2007 99 39 07; 08 26 Uzbekistan Dried apricots 0813 10 00 Sulphites(19) 50

(UZ)

(Food) Apricots, otherwise 2008 50 prepared or preserved

(Food) 27 Vietnam (VN) Coriander leaves ex0709 99 90 72 Pesticide 50 residues(4)(20) (Food – fresh or chilled herbs) Basil (holy, sweet) ex1211 90 86 20 (Food – fresh or chilled herbs) 16Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) Mint ex1211 90 86 30 (Food – fresh or chilled herbs) Parsley ex0709 99 90 40 (Food – fresh or chilled herbs) Okra ex0709 99 90 20 ex0710 80 95 30 (Food – fresh, chilled or frozen) Peppers of the ex0709 60 99 20 genus Capsicum ex0710 80 59 20 (other than sweet) (Food – fresh, chilled or frozen) Pitahaya (dragon ex0810 90 20 10” fruit) (Food – fresh or chilled)

(1) Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’.

(2) The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex III to this Regulation.

(3) The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex III to this Regulation.

(4) Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation

(EC) No 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin5 that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).

(5) Residues of Tolfenpyrad.

(6) Residues of Amitraz (amitraz including the metabolites containing the 2,4 -dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicofol (sum of p, p’ and o,p’ isomers) and Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram).

(7) Residues of Dicofol (sum of p, p’ and o,p’ isomers), Dinotefuran, Folpet, Prochloraz (sum of prochloraz, BTS 44595 (M201-04) and BTS 44596 (M201-03), expressed as prochloraz), Thiophanate-methyl and Triforine.

(8) For the purposes of this Annex, ‘Sudan dyes’ refers to the following chemical substances: (i) Sudan I (CAS Number 842-07-9); (ii) Sudan II (CAS Number 3118-97-6); (iii) Sudan III (CAS Number 85-86-9); (iv) Scarlet Red; or Sudan IV (CAS Number 85-83-6).

(9) Residues of Acephate.

(10) Residues of Diafenthiuron.

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(11) Residues of Phenthoate.

(12) Residues of Chlorbufam.

(13) Residues of Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)), Prothiofos and Triforine.

(14) Residues of chlorpyrifos/chlorpyrifos-methyl and fenbutatin oxide.

(15) Residues of Prochloraz (sum of prochloraz, BTS 44595 (M201-04) and BTS 44596 (M201-03), expressed as prochloraz).

(16) Residues of Diafenthiuron, Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)) and Thiophanate-methyl.

(17) ‘Unprocessed products’ as defined in Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs6.

(18) “Placing on the market’ and ‘final consumer’ as defined in Regulation (EC) No 178/2002.

(19) The following reference methods may be used: (1) BS EN 1988-1:1998 “Foodstuffs. Determination of sulfite - Optimized Monier-Williams method”, published by the British Standards Institution on 15th June 1998 (ISBN 0 580 29239 8),

available from the British Standards Institution at https://knowledge.bsigroup.com; (2) BS EN 1988-2:1998 “Foodstuffs.

Determination of sulfite - Enzymatic method”, published by the British Standards Institution on 15th June 1998 (ISBN 0 580 29240 1), available from the British Standards Institution at https://knowledge.bsigroup.com; (3) ISO 5522:1981 “Fruits, vegetables and derived products — Determination of total sulphur dioxide content”, published by the International Organization for Standardization in September 1981, edition 1, available from the ISO at https://www.iso.org.

(20) Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.

(21) Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide).

SCHEDULE 2 Regulation 2(5) Substitution of the first table in Annex II to Commission Implementing Regulation (EU) 2019/1793 in relation to England “Table 1: England Food and feed of non-animal origin referred to in Article 1(1)(b)(i) Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) 1 Argentina (AR) Groundnuts 1202 41 00 Aflatoxins 5

(peanuts), in shell (Food and feed) Groundnuts 1202 42 00

(peanuts), shelled 18Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) (Food and feed) Peanut butter 2008 11 10 (Food and feed) Groundnuts 2008 11 91

(peanuts), 2008 11 96 otherwise prepared or 2008 11 98 preserved (Food and feed) Groundnut ex1208 90 00 20 flours and meals (Food and feed) Oilcake and 2305 00 00 other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2 Azerbaijan Hazelnuts 0802 21 00 Aflatoxins 20

(AZ) (Corylus spp.) in shell

(Food) Hazelnuts 0802 22 00 (Corylus spp.) shelled 19Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%)

(Food) Mixtures ex0813 50 39 70 of nuts or ex0813 50 91 70 dried fruits containing ex0813 50 99 70 hazelnuts

(Food) Hazelnut paste ex2007 10 10 70 ex2007 10 99 40

(Food) ex2007 99 39 05; 06 ex2007 99 50 33 ex2007 99 97 23 Hazelnuts, ex2008 19 12 30 otherwise ex2008 19 19 30 prepared or preserved, ex2008 19 92 30 including ex2008 19 95 20 mixtures ex2008 19 99 30

(Food) ex2008 97 12 15 ex2008 97 14 15 ex2008 97 16 15 ex2008 97 18 15 ex2008 97 32 15 ex2008 97 34 15 ex2008 97 36 15 ex2008 97 38 15 ex2008 97 51 15 ex2008 97 59 15 ex2008 97 72 15 ex2008 97 74 15 ex2008 97 76 15 ex2008 97 78 15 20Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) ex2008 97 92 15 ex2008 97 93 15 ex2008 97 94 15 ex2008 97 96 15 ex2008 97 97 15 ex2008 97 98 15 Flour, meal ex1106 30 90 40 and powder of hazelnuts

(Food) Hazelnut oil ex1515 90 99 20

(Food) 3 Bangladesh Food ex1404 90 00 Salmonella(2) 50

(BD) containing or consisting of betel leaves (Piper betle)

(Food) 4 Brazil (BR) Brazil nuts, in 0801 21 00 Aflatoxins 50 shell

(Food) Mixtures ex0813 50 31 20 of nuts or ex0813 50 39 20 dried fruits containing ex0813 50 91 20 Brazil nuts in ex0813 50 99 20 shell

(Food) 5 China (CN) Enoki ex0709 59 00 Listeria 20 Mushrooms

(Food) 21Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) 6 Egypt (EG) Groundnuts 1202 41 00 Aflatoxins 20

(peanuts), in shell (Food and feed) Groundnuts 1202 42 00

(peanuts), shelled (Food and feed) Peanut butter 2008 11 10 (Food and feed) Groundnuts 2008 11 91

(peanuts), 2008 11 96 otherwise prepared or 2008 11 98 preserved (Food and feed) Groundnut ex1208 90 00 20 flours and meals (Food and feed) Oilcake and 2305 00 00 other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil 22Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) (Food and feed) Groundnuts ex2007 10 10 80 paste ex2007 10 99 50 (Food and ex2007 99 39 07; 08 feed) Vine leaves ex2008 99 99 11; 19 Pesticide 20 residues(5)(8)

(Food) 7 Ethiopia (ET) Pepper of 0904 Aflatoxins 50 the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta (Food – dried spices) Ginger, saffron, 0910 turmeric

(Curcuma), thyme, bay leaves, curry and other spices (Food – dried spices) Sesamum seeds 1207 40 90 Salmonella(2) 50

(Food) 8 Ghana (GH) Groundnuts 1202 41 00 Aflatoxins 50

(peanuts), in shell (Food and feed) 23Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) Groundnuts 1202 42 00

(peanuts), shelled (Food and feed) Peanut butter 2008 11 10 (Food and feed) Groundnuts 2008 11 91

(peanuts), 2008 11 96 otherwise prepared or 2008 11 98 preserved (Food and feed) Groundnut ex1208 90 00 20 flours and meals (Food and feed) Oilcake and 2305 00 00 other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) Groundnuts ex2007 10 10 80 paste ex2007 10 99 50 (Food and ex2007 99 39 07; 08 feed) 24Document Generated: 2024-03-07

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Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) 9 The Gambia Groundnuts 1202 41 00 Aflatoxins 50

(GM) (peanuts), in shell (Food and feed) Groundnuts 1202 42 00

(peanuts), shelled (Food and feed) Peanut butter 2008 11 10 (Food and feed) Groundnuts 2008 11 91

(peanuts), 2008 11 96 otherwise prepared or 2008 11 98 preserved (Food and feed) Groundnut ex1208 90 00 20 flours and meals (Food and feed) Oilcake and 2305 00 00 other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil 25Document Generated: 2024-03-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) (Food and feed) Groundnuts ex2007 10 10 80 paste ex2007 10 99 50 (Food and ex2007 99 39 07; 08 feed) 10 Indonesia (ID) Nutmeg 0908 11 00 Aflatoxins 10 (Myristica 0908 12 00 fragrans) (Food – dried spices) 11 India (IN) Food ex1404 90 00 Salmonella(3) 10 containing or consisting of betel leaves (Piper betle)

(Food) Nutmeg 0908 11 00 Aflatoxins 20 (Myristica 0908 12 00 fragrans) (Food – dried spices) Peppers of 0904 21 10 Aflatoxins 20 the genus ex0904 22 00 11; 19 Capsicum (sweet or other ex0904 21 90 20 than sweet) ex2005 99 10 10; 90 (Food – ex2005 99 80 94 dried, roasted, crushed or ground) Groundnuts 1202 41 00 Aflatoxins 50

(peanuts), in shell (Food and feed) 26Document Generated: 2024-03-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) Groundnuts 1202 42 00

(peanuts), shelled (Food and feed) Peanut butter 2008 11 10 (Food and feed) Groundnuts 2008 11 91

(peanuts), 2008 11 96 otherwise prepared or 2008 11 98 preserved (Food and feed) Groundnut ex1208 90 00 20 flours and meals (Food and feed) Oilcake and 2305 00 00 other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) Groundnuts ex2007 10 10 80 paste ex2007 10 99 50 (Food and ex2007 99 39 07; 08 feed) 27Document Generated: 2024-03-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) Guar gum ex1302 32 90 Pentachloropheno5l and dioxins (4) (Food and feed) Peppers of 0904 Pesticide 20 the genus residues(5)(6) ex2005 99 10 10; 90 Capsicum (sweet or other ex2005 99 80 94 than sweet) (Food – dried, roasted, crushed or ground) Peppers of ex0709 60 99 20 Pesticide 20 the genus residues(5)(6) ex0710 80 59 20 Capsicum (other than sweet) (Food – fresh, chilled or frozen) Sesamum seeds 1207 40 90 Salmonella(2) 20 Pesticides 50

(Food) residues(5)(7) 12 Iran (IR) Pistachios, in 0802 51 00 Aflatoxins 50 shell

(Food) Pistachios, 0802 52 00 shelled

(Food) Mixtures ex0813 50 39 60 of nuts or ex0813 50 91 60 dried fruits containing ex0813 50 99 60 pistachios

(Food) 28Document Generated: 2024-03-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) Pistachio paste ex2007 10 10 60 ex2007 10 99 30

(Food) ex2007 99 39 03; 04 ex2007 99 50 32 ex2007 99 97 22 Pistachios, ex2008 19 13 20 prepared or ex2008 19 93 20 preserved, including ex2008 97 12 20 mixtures ex2008 97 14 19

(Food) ex2008 97 16 19 ex2008 97 18 19 ex2008 97 32 19 ex2008 97 34 19 ex2008 97 36 19 ex2008 97 38 19 ex2008 97 51 19 ex2008 97 59 19 ex2008 97 72 19 ex2008 97 74 19 ex2008 97 76 19 ex2008 97 78 19 ex2008 97 92 19 ex2008 97 93 19 ex2008 97 94 19 ex2008 97 96 19 ex2008 97 97 19 ex2008 97 98 19 Flour, meal ex1106 30 90 50 and powder of pistachios

(Food) 29Document Generated: 2024-03-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) 13 South Korea Enoki ex0709 59 00 Listeria 20

(KR) mushrooms

(Food) 14 Sri Lanka (LK) Peppers of 0904 21 10 Aflatoxins 50 the genus ex0904 21 90 20 Capsicum (sweet or other ex0904 22 00 11; 19 than sweet) ex2005 99 10 10; 90 (Food – ex2005 99 80 94 dried, roasted, crushed or ground) 15 Nigeria (NG) Watermelon ex1207 70 00 10 Aflatoxins 50 (egusi, ex1208 90 00 10 Citrullus spp.) seeds ex2008 99 99 50 and derived products

(Food) 16 Pakistan (PK) Peppers of ex0709 60 99 20 Pesticide 20 the genus residues (5) ex0710 80 59 20 Capsicum (other than sweet) (Food – fresh, chilled or frozen) Spice mixes 0910 91 10 Aflatoxins 10 0910 91 90

(Food) 17 Sudan (SD) Groundnuts 1202 41 00 Aflatoxins 50

(peanuts), in shell (Food and feed) 30Document Generated: 2024-03-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) Groundnuts 1202 42 00

(peanuts), shelled (Food and feed) Peanut butter 2008 11 10 (Food and feed) Groundnuts 2008 11 91

(peanuts), 2008 11 96 otherwise prepared or 2008 11 98 preserved (Food and feed) Groundnut ex1208 90 00 20 flours and meals (Food and feed) Oilcake and 2305 00 00 other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) Groundnuts ex2007 10 10 80 paste ex2007 10 99 50 (Food and ex2007 99 39 07; 08 feed) 31Document Generated: 2024-03-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) Sesamum seeds 1207 40 90 Salmonella(2) 50

(Food) 18 Türkiye (TR) Dried figs 0804 20 90 Aflatoxins 20

(Food) Mixtures ex0813 50 99 50 of nuts or dried fruits containing figs

(Food) Dried fig paste ex2007 10 10 50 ex2007 10 99 20

(Food) ex2007 99 39 01; 02 ex2007 99 50 31 ex2007 99 97 21 Dried figs, ex2008 97 12 11 prepared or ex2008 97 14 11 preserved, including ex2008 97 16 11 mixtures ex2008 97 18 11

(Food) ex2008 97 32 11 ex2008 97 34 11 ex2008 97 36 11 ex2008 97 38 11 ex2008 97 51 11 ex2008 97 59 11 ex2008 97 72 11 ex2008 97 74 11 ex2008 97 76 11 ex2008 97 78 11 ex2008 97 92 11 ex2008 97 93 11 32Document Generated: 2024-03-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) ex2008 97 94 11 ex2008 97 96 11 ex2008 97 97 11 ex2008 97 98 11 ex2008 99 28 10 ex2008 99 34 10 ex2008 99 37 10 ex2008 99 40 10 ex2008 99 49 60 ex2008 99 67 95 ex2008 99 99 60 Flour, meal or ex1106 30 90 60 powder of dried figs

(Food) Pistachios, in 0802 51 00 Aflatoxins 50 shell

(Food) Pistachios, 0802 52 00 shelled

(Food) Mixtures ex0813 50 39 60 of nuts or ex0813 50 91 60 dried fruits containing ex0813 50 99 60 pistachios

(Food) Pistachio paste ex2007 10 10 60 ex2007 10 99 30

(Food) ex2007 99 39 03; 04 ex2007 99 50 32 33Document Generated: 2024-03-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%) ex2007 99 97 22 Pistachios, ex2008 19 13 20 prepared or ex2008 19 93 20 preserved, including ex2008 97 12 19 mixtures ex2008 97 14 19

(Food) ex2008 97 16 19 ex2008 97 18 19 ex2008 97 32 19 ex2008 97 34 19 ex2008 97 36 19 ex2008 97 38 19 ex2008 97 51 19 ex2008 97 59 19 ex2008 97 72 19 ex2008 97 74 19 ex2008 97 76 19 ex2008 97 78 19 ex2008 97 92 19 ex2008 97 93 19 ex2008 97 94 19 ex2008 97 96 19 ex2008 97 97 19 ex2008 97 98 19 Flour, meal ex1106 30 90 50 and powder of pistachios

(Food) Vine leaves ex2008 99 99 11; 19 Pesticide 50 residues (5)(8)

(Food) 19 Uganda (UG) Sesamum seeds 1207 40 90 Salmonella(2) 20” 34Document Generated: 2024-03-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Row Country of Food and feed CN code(1) TARIC Hazard Frequency origin (intended use) sub- of division physical and identity checks (%)

(Food)

(1) Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’.

(2) The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex III to this Regulation.

(3) The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex III to this Regulation.

(4) The analytical report referred to in Article 10(3) of this Regulation must be issued by a laboratory accredited for the analysis of PCP in food and feed in accordance with BS EN ISO/IEC 17025:2017 “General requirements for the competence of testing and calibration laboratories” (published by the British Standards Institution on 30th June 2018 (ISBN 978 0 539 01414 3), and available from the British Standards Institution at https://knowledge.bsigroup.com). The analytical report

must indicate: (a) the results of sampling and analysis for the presence of PCP, performed by the competent authorities of the country of origin or of the country where the consignment is consigned from if that country is different from the country of origin; (b) the measurement uncertainty of the analytical result; (c) the limit of detection (LOD) of the analytical method; (d) the limit of quantification (LOQ) of the analytical method. The extraction before analysis must be performed with an acidified solvent. The analysis must be carried out according to the modified version of the QuEChERS method or according to an equally reliable method. The modified version of the QuEChERS method is set out in the document “Analytical Quality Control and Method Validation Procedures for Pesticide Residues Analysis in Food and Feed” (SANTE 2017/11813), implemented on 1st January 2020 and available at

https://www.eurl-pesticides.eu/userfiles/file/EurlALL/AqcGuidance_SANTE_2019_12682.pdf.

(5) Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation

(EC) No 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).

(6) Residues of Carbofuran.

(7) Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide).

(8) Residues of dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and metrafenone.

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

SCHEDULE 3 Regulation 2(6) Annex IIIa to be inserted into Commission Implementing Regulation (EU) 2019/1793 “Annex IIIa Sampling procedure and analytical reference method for the control of presence of Listeria in food

Table: England Sampling procedure and analytical reference method for the control of presence of Listeria in food, referred to in Article 3(ea) Analytical Weight of Number Sampling procedures Analytical result reference consignment of sample required for method(1) units (n) each sample unit of the same consignment BS EN ISO Any weight 5 n sample units are collected No detection of 11290-1:2017(2) of a minimum of 100 g each. Listeria in 25g” If batches are identified in the CHED, the sample units shall be collected from the different batches randomly chosen from the consignment. If batches cannot be identified, the sample units are collected randomly from the consignment. Pooling of sample units is not allowed.

Each sample unit shall be tested separately.

(1) The listed method must be used, or a method validated against it in accordance with the protocol set out in BS EN ISO 16140-2:2016 “Microbiology of the food chain. Method validation - Protocol for the validation of alternative (proprietary) methods against a reference method”. BS EN ISO 16140-2:2016 was published by the British Standards Institution on 31st July 2016 (ISBN 978 0 580 69940 5) and is available from the British Standards Institution https://knowledge.bsigroup.com.

(2) BS EN ISO 11290-1:2017 “Microbiology of the food chain. Horizontal method for the detection and enumeration of Listeria monocytogenes and of Listeria spp. - Detection method”. Published by the British Standards Institution on 31st August 2017 (ISBN 978 0 580 77715 8). Available from the British Standards Institution https://knowledge.bsigroup.com.

EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 36Document Generated: 2024-03-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660, in relation to England.

Regulation 2(2), (3), (6) and Schedule 3 make provisions in relation to the sampling and analyses of food and feed of non-animal origin for the hazard Listeria. Schedule 3 sets out a new Annex outlining the sampling procedure and analytical reference method for the control of the presence of Listeria in food.

Regulation 2(4) substitutes Annex I with Schedule 1, which contains the list of food and feed of non-animal origin from certain third countries, which is subject to a temporary increase in official controls at border control posts in Great Britain.

Regulation 2(5) substitutes Table 1 in Annex II, with Schedule 2. This substitutes the respective table containing the lists of food and feed of non-animal origin from certain third countries subject to special conditions for entry into Great Britain due to contamination risks from the specified hazards.

Regulation 3 makes consequential amendments to the Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022.

In each Schedule, standards are specified within some footnotes to show requirements for the analytical methods and laboratories used. The documents referred to have been published online and the online addresses are specified under each footnote where relevant. Hard copies of these documents are available for inspection at the Food Standards Agency, Floors 6 and 7, Clive House, 70 Petty France, London SW1H 9EX, at reasonable times, following a written request to that address or to imported.food@food.gov.uk.

An impact assessment has not been produced for this instrument as no, or no significant impact on the public, private or voluntary sector is foreseen. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.

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