Commission Regulation (EEC) No 1538/91 of 5 June 1991 introducing detailed rules for implementing Regulation (EEC) No 1906/90 on certain marketing standards for poultry

• Coming into Force: 20 June 1991,01 July 1991
• End of Effective Date: 30 June 2008
• Celex Number: 31991R1538
• ELI: http://data.europa.eu/eli/reg/1991/1538/oj
• Published date: 07 June 1991
• Date: 05 June 1991
• Official Gazette Publication: Official Journal of the European Communities, L 143, 7 June 1991

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31991R1538

Commission Regulation (EEC) No 1538/91 of 5 June 1991 introducing detailed rules for implementing Regulation (EEC) No 1906/90 on certain marketing standards for poultry

Official Journal L 143 , 07/06/1991 P. 0011 - 0022
Finnish special edition: Chapter 3 Volume 37 P. 0214
Swedish special edition: Chapter 3 Volume 37 P. 0214

COMMISSION REGULATION (EEC) No 1538/91 of 5 June 1991 introducing detailed rules for implementing Regulation (EEC) No 1906/90 on certain marketing standards for poultry

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 1906/90 of 26 June 1990 on certain marketing standards for poultry (1), and in particular Article 9 thereof,

Whereas Regulation (EEC) No 1906/90 enacted certain marketing standards for poultry, the application of which requires the adoption of provisions concerning in particular the list of those poultry carcases, parts thereof and offals to which the said Regulation applies, classification by conformation, appearance an weight, types of presentation, the indication of the name under which the products in question are to be sold, the optional use of indications concerning chilling methods and the type of farming, conditions for storage and transport of certain types of poultrymeat and the supervision of these provisions in order to ensure their uniform application throughout the Community;

Whereas, in order to provide for the marketing of poultry in different classes according to conformation and appearance, it is necessary to lay down definitions relating to species, age and presentation in the case of carcases, and anatomical conformation and content in the case of poultry cuts; whereas in the case of the product known as 'Foie gras' the high value and consequent risk of fraudulent practices make it necessary to lay down especially precise minimum marketing standards;

Whereas it is not necessary for these standards to be applied to certain products and presentations which are of local or otherwise limited importance; whereas, however, names under which such products are sold should not be likely to mislead the consumer to a material degree by causing him to confuse these products with products which are subject to these provisions; whereas, similarly, additional descriptive terms used to qualify the names of such products should also be subject to this provision;

Whereas storage and handling temperature is of crucial importance to the maintenance of high standards of quality; whereas, therefore, it is appropriate to lay down a minimum temperature at which forzen poultrymeat products are to be kept;

Whereas the provisions of this Regulation and in particular those relating to surveillance and enforcement must be applied uniformly throughout the Community; whereas detailed rules adopted to those ends must also be uniform; whereas it is therefore necessary to lay down common measures in the matter of sampling procedures and tolerances;

Whereas it is necessary, both in order that the consumer be provided with sufficient, unequivocal and objective information concerning such products offered for sale, and in order to secure the free movement of such products throughout the Community, to ensure that poultrymeat marketing standards take into account as far as is paracticable the provisions of Council Directive 76/211/EEC of 20 January 1976 on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products (2), as amended by Directive 78/891/EEC (3);

Whereas among the indications which may optionally be ued on the labelling are those concerning the method of chilling and particular types of farming; whereas the use of the latter, in the interest of consumer protection, needs to be subordinated to the respect of closely-defined criteria concerning both husbandry conditions and quantity thresholds for stating certain criteria such as age at slaughter or length of fattening period and content of certain foodstuff ingredients;

Whereas it is appropriate for the Commission to exercise permanent surveillance of the compatibility with Community law, including the marketing standards, in particular of any national measures adopted in pursuance of these provisions; whereas particular provision should also be made for the registration and regular inspection of undertakings authorized to use terms referring to particular types of farming; whereas such undertakings must therefore be obliged to maintain regular and detailed records for this purpose;

Whereas, in view of the specialized nature of these inspections, responsibility for them may be delegated by the competent authorities of the Member State concerned, subject to the appropriate supervision and safeguards, to properly qualified and duly licensed outside bodies;

Whereas operators in third countries may wish to make use of optional indications concerning chilling methods and types of farming; whereas provision should be made for them to do so, subject to appropriate certification by the competent authority of the third country concerned, and which appears on a list established by the Commission;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committe for Poultrymeat and Eggs,

HAS ADOPTED THIS REGULATION: Article 1

The products referred to in Article 1 (2) of Regulation (EEC) No 1906/90 are hereby defined as follows:

1. Poultry carcases

(a) DOMESTIC FOWL (Gallus domesticus)

- chicken, broiler: fowl in which the tip of the sternum is flexible (not ossified),

- cock, hen, casserole or boiling fowl: fowl in which the tip of the sternum is rigid (ossified),

- capon: male fowl castrated surgically before having reached sexual maturity,

- poussin, coquelet: chicken of less than 750 g carcase weight (expressed without giblets, head and feet);

(b) TURKEYS (Meleagris gallopavo dom.)

- (young) turkey: bird in which the tip of the sternum is flexible (not ossified),

- turkey: bird in which the tip of the sternum is rigid (ossified);

(c) DUCKS (Anas platyrhynchos dom., cairina muschata)

- (young) duck or duckling, (young) Muscovy Duck: bird in which the tip of the sternum is flexible (not ossified),

- duck, muscovy duck: bird in which the tip of the sternum is rigid (ossified);

(d) GEESE (Anser anser dom.)

- (young) goose or gosling: bird in which the tip of the sternum is flexible (not ossified). The fat layer all over the carcase is thin or moderate; the fat of the young goose may have a colour indicative of a special diet,

- goose: bird in which the tip of the sternum is rigid (ossified); a moderate to thick fat layer is present all over the carcase;

(e) GUINEA FOWL (Numida meleagris domesticus)

- (young) guinea fowl: bird in which the tip of the sternum is flexible (not ossified),

- guinea fowl: bird in which the tip of the sternum is rigid (ossified).

For the purpose of this Regulation, variants of the above terms relating to sex shall be construed as equivalent.

2. Poultry cuts

(a) Half: half of the carcase, obtrained by a longtudinal cut in a plane along the sternum and the backbone;

(b) Quarter: a half divided by a transversal cut by which the leg and breast quarters are obtained;

(c) Unseparated leg quarters: both leg quarters united by a portion of the back, with or without the rump;

(d) Breast: the sternum and the ribs, or part thereof, distributed on both sides of its, together with the surrounding musculature. The breast may be presented as a whole or a half;

(e) Leg: the femur, tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints;

(f) Chicken leg with a portion of the back attached to it, the wieght of the latter not to exceed 25 % of that of the cut;

(g) Thigh: the femur together with the surrounding muscultature. The two cuts shall be made at the joints;

(h) Drumstick: the tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints;

(i) Wing: the humerus, radius, and ulna, together with the surrounding musculature. In the case of turkey wings, humerus or radius/ulna together with the surrounding musculature may be presented separately. The tip, including the carpal bones, may or may not...