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"B COUNCIL REGULATION (EEC) No 1906/90
of 26 June 1990
on certain marketing "C1 standards for poultrymeat 3
(OJ L 173, 6.7.1990, p. 1)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EEC) No 317/93 of 9 February 1993 L 37 8 13.2.1993
"M2 Council Regulation (EC) No 3204/93 of 16 November 1993 L 289 3 24.11.1993
"M3 Council Regulation (EC) No 1101/98 of 25 May 1998 L 157 12 30.5.1998
Corrected by:
"C1 Corrigendum, OJ L 195, 26.7.1990, p. 39 (1906/90)1990R1906 — EN — 06.06.1998 — 003.001 — 1
COUNCIL REGULATION (EEC) No 1906/90
of 26 June 1990
on certain marketing "C1 standards for poultrymeat 3
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975
on the common organization of the market in poultrymeat (1), as last amended
by Regulation (EEC) No 1235/89 (2), and in particular Article 2 (2) thereof,
Having regard to the proposal from the Commission,Whereas Regulation (EEC) No 2777/75 provides for the setting of marketing
standards which may relate in particular to classification by quality and
weight, packaging, storage, transport, presentation and marking of certain
types of poultrymeat;
Whereas such standards can contribute to an improvement in the quality of
poultrymeat and, consequently, facilitate the sale of such meat; whereas it is
therefore in the interest of producers, traders and consumers that marketingstandards should be applied in respect of poultrymeat suitable for humanconsumption;
Whereas such standards must therefore be applicable to the types of
poultrymeat in question marketed within the territory of the Community atdifferent stages of trade; whereas, however, it also appears necessary to gradeall poultrymeat in two categories according to conformation and appearance;
whereas it nonetheless seems advisable to exclude from the scope of
application of such standards small-scale local sales, cutting-up and boningoperations at the place of sale as provided for in Article 3 (5) and (7) of
Council Directive 71/118/EEC of 15 February 1971 on health problems
affecting trade in fresh poultrymeat (
3), as last amended by Directive
88/657/EEC (4), and deliveries to the food industry;
Whereas the labelling of poultrymeat is subject to the general rules laid down
in Council Directive 79/112/EEC of 18 December 1978 on the approximation
of the laws of the Member States relating to labelling, presentation andadvertising of foodstuffs for sale to the ultimate consumer (
5), as last amended
by Directive 89/395/EEC (6); whereas, in view of the nature of the products in
question and so that the consumer may have fuller information, and in order to
facilitate trade, certain additional requirements should be laid down inaccordance with Article 4 (2) of Directive 79/112/EEC, and in particular
poultrymeat should be classified in two conformation classes, and the
conditions should be defined under which the meat is to be offered for sale;whereas it is also desirable, for the same reasons, that particulars concerningthe method of chilling used and the type of farming used for poultry
production should be used only in accordance with Community rules to be
laid down;
Whereas fresh poultrymeat is to be considered from the microbiological point
of view as a highly perishable foodstuff; whereas it is therefore necessary in
the case of such poultrymeat that the date of minimum durability be replaced
by the ‘use by’ date in accordance with Article 9a (1) of Directive79/112/EEC;
Whereas it is essential, in the interests of both producer and consumer, that
poultrymeat imported from third countries should comply with Communitystandards; whereas it nonetheless seems advisable to exclude from the scopeof application poultrymeat for export from the Community;
Whereas it is necessary to lay down more detailed rules concerning the
implementation of this Regulation; whereas, given the mainly technical natureof these matters and the probable need for frequent amendments, the
procedure provided for in Article 17 of Regulation (EEC) No 2777/75 is more!B
(1) OJ No L 282, 1. 11. 1975, p. 77.
(2) OJ No L 128, 11. 5. 1989, p. 29.
(3) OJ No L 55, 8. 3. 1971, p. 23.
(4) OJ No L 382, 31. 12. 1988, p. 3.
(5) OJ No L 33, 8. 2. 1979, p. 1.
(6) OJ No L 186, 13. 6. 1989, p. 17.1990R1906 — EN — 06.06.1998 — 003.001 — 2
appropriate; whereas for thesame reasons it appears indispensable to adopt by
the same procedure the measures required to ensure uniform application ofthis Regulation;
Whereas it is appropriate to lay down percentages of technically unavoidable
water absorption which shall not be exceeded during preparation of fresh,
frozen and quick-frozen carcases; whereas it is necessary to establish uniformmethods of verifying compliance therewith; whereas the technical nature ofthese rules makes it appropriate to fix them according to the procedure
provided for in Article 17 of Regulation (EEC) No 2777/75; whereas Council
Regulation (EEC) No 2967/76 of 23 November 1976 laying down commonstandards for the water content of fresh, frozen and deep-frozen chickens,
hens and cocks (
1), as last amended by "C1Regulation (EEC) No 3204/83
3(2), should therefore be repealed;
Whereas it is for each Member State to designate the authorities responsible
for ensuring that the provisions of this Regulation are complied with; whereas
the procedure for this supervision must be uniform in all Member States;
Whereas it is for each Member State also to lay down penalties to be applied
in the case of infringements of the provisions of this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down Community marketing standards for certain
types and presentations of poultrymeat of the following species as referred to
in Article 1 (1) of Regulation (EEC) No 2777/75:
—Gallus domesticus
— ducks,— geese,
— turkeys,
— guinea fowls.Such poutrymeat shall not be marketed within the Community by way of
business or trade unless it satisfies the provisions of this Regulation.
2. This Regulation applies only to those poultry carcases, parts of poultry
carcases and offals, including foie gras, the list of which shall be adopted inaccordance with the procedure laid down in Article 17 of Regulation (EEC)
No 2777/75.
3. This Regulation shall not apply:— to poultrymeat for export from the Community, or
— to the type of sales referred to in Chapter II Article 3 (II) of Directive
71/118/EEC, or
— to New Y ork dressed poultry as referred to in Chapter VIII point 49 of
Annex I to Directive 71/118/EEC.
4. This Regulation shall not affect any provisions concerning veterinary and
health matters and foodstuffs laid down to ensure the hygienic and health
standards of the products or to protect animal or public health.
Article 2
For the purposes of this Regulation:
1. ‘poultrymeat’ means: poultrymeat suitable for human consumption,
which has not undergone any treatment other than cold treatment;
2. ‘carcase’ means: the whole body of a bird of the species referred to in
Article 1 (1) after bleeding, plucking and evisceration; however, removalof the heart, liver, lungs, gizzard, crop, kidneys, legs at the tarsus or the!B
(1) OJ No L 339, 8. 12. 1976, p. 1.
(2) OJ No L 315, 15. 11. 1983, p. 17.!M2
!B
!M1
!B1990R1906 — EN — 06.06.1998 — 003.001 — 3
head shall be optional; an eviscerated carcase may be presented for sale
with or without giblets, meaning heart, liver, gizzard and neck, insertedinto the abdominal cavity;
3. ‘cuts thereof’ means: poultrymeat which owing to the size and the
characteristics of the coherent muscle tissue is identifiable as having beenobtained from the respective parts of the carcase;
4. ‘prepackaged poultrymeat’ means: poultrymeat presented in accordance
with the conditions laid down in Article 1 (3) (b) of Directive79/112/EEC;
5. ‘fresh poultrymeat’ means: poultrymeat not stiffened by the cooling
process, which is to be kept at a temperature not below − 2 °C and not
higher than 4 °C at any time; however, Member States may fix differenttemperature requirements for the cutting and storage of fresh poultrymeatperformed in retail shops or in premises adjacent to sales points, where
the cutting and storage are performed solely for the purpose of supplying
the consumer directly on the spot;
6. ‘frozen poultrymeat’ means: poultrymeat which must be frozen as soon
as possible within the constraints of normal slaughtering procedures and
is to be kept at a temperature no higher than − 12 °C at any time. Certaintolerances may, however, be fixed in accordance with the procedure laiddown in Article 17 of
"C1 Regulation (EEC) No 2777/75 3;
7. ‘quick-frozen poultrymeat’ means: poultrymeat which is to be kept at a
temperature no higher than − 18 °C at any time within the tolerances asprovided for in Council Directive 89/108/EEC of 21 December 1988 on
the approximation of the laws of the Member States relating to
quick-frozen foodstuffs for human consumption (
1);
8. ‘poultrymeat’ without prepackaging’ means: poultrymeat presented for
sale to the final consumer without prepackaging or else packed at the
place of sale at the latter’s request.
Article 3
1. Poultrymeat as defined in Article 1 shall be classified as either class ‘A’
or class ‘B’ according to the conformation and appearance of the carcases or
cuts. Class ‘A’shall be subdivided into A 1 and A 2 in accordance with criteria
to be defined under the procedure referred to in Article 17 of Regulation(EEC) No 2777/75. This classification shall take account in particular of fleshdevelopment, the presence of fat, and the amount of damage and contusions.
2. Poultrymeat shall be marketed in one of the following conditions:
— fresh,
— frozen, or
— quick-frozen.3. Prepackaged frozen or quick-frozen poultrymeat may be classified by
weight category, detailed provisions for the implementation of which shall be
adopted in accordance with the procedure laid down in Article 17 ofRegulation (EEC) No 2777/75.
Article 4
In addition to complying with national legislation adopted in accordance with
Directive 79/112/EEC, the following further indications shall be shown on the
accompanying commercial documents within the meaning of Article 11 (1)(b) of that Directive:
(a) the class as referred to in Article 3 (1) of this Regulation;
(b) the condition in which the poultrymeat is marketed in accordance with
Article 3 (2) of this Regulation and the recommended storage tempera-
ture.!B
(1) OJ No L 40, 11. 2. 1989, p. 51.!M1
!B1990R1906 — EN — 06.06.1998 — 003.001 — 4
Article 5
1. In addition to complying with national legislation adopted in accordance
with Directive 79/112/EEC, the labelling, presentation and advertising of
poultrymeat intended for the final consumer shall comply with additionalrequirements set out in paragraphs 3, 4, 5 and 6 of this Article and in Article 7(2).
2. In the case of fresh poultrymeat, the date of minimum durability shall be
replaced by the ‘use by’ date in accordance with Article 9a (1) of Directive
79/112/EEC.
3. In the case of prepackaged poultrymeat the following particulars shall
also appear on the prepackaging or on a label attached thereto:
(a) the class as referred to in Article 3 (1) of this Regulation;(b) in the case of fresh poultrymeat, the total price and the price per weight
unit at the retail stage;
(c) the condition in which the poultrymeat is marketed in accordance with
Article 3 (2) of this Regulation and the recommended storage tempera-
ture;
(d) the registered number of the slaughterhouse or cutting plant, except in the
case of cutting and boning at the place of sale as provided for in
"M2Article 1 second subparagraph of Directive 71/118/EEC 3;
(e) in the case of poultrymeat imported from third countries, an indication of
the country of origin.
4. Where poultrymeat is offered for sale without prepackaging, except
where cutting and boning take place at the place of sale as provided for in
"M2Article 1 second subparagraph of Directive 71/118/EEC 3;, provided
such cutting and boning is carried out at the request and in the presence of theconsumer, Article 12 of Directive 79/112/EEC shall apply to the following
additional indications:
(a) the class as referred to in Article 3 (1) of this Regulation;
(b) he price per weight unit at the retail stage;(c) the condition in which the poultrymeat is marketed in accordance with
Article 3 (2) of this Regulation and the recommended storage tempera-
ture;
(d) the registered number of the slaughterhouse or cutting plant;(e) in the case of poultrymeat imported from third countries, an indication of
the country of origin.
5. The detailed rules on the indication of the name under which the product
is sold within the meaning of Article 3 (1) (1) of Directive 79/112/EEC maybe established in accordance with the procedure laid down in Article 17 of
Regulation (EEC) No 2777/75.
6. Detailed rules concerning:a) the optional indication of the method of chilling used; and
b) the optional indication of the type of farming used, and the conditions for
the regular controls to which the use of such indications is subject
shall be adopted in accordance with the procedure laid down in Article 17 of
Regulation (EEC) No 2777/75.
The conditions under which the regular controls referred to under (b) may be
carried out by a body designated by the Member State and providing thenecessary guarantees of independence vis-à-vis the producers concerned shall
be fixed in accordance with the same procedure.!B1990R1906 — EN — 06.06.1998 — 003.001 — 5
Article 6
By way of derogation from Articles 3, 4 and 5 it shall not be necessary to
classify poultrymeat or to indicate the additional particulars referred to inArticles 3, 4 and 5 in the case of deliveries to cutting or processingestablishments as provided for in Articles 2 and 3 of Commission Directive
80/879/EEC of 3 September 1980 on the health marking of large packagings
of poultrymeat (
1).
Article 7
1. The percentages of water absorption which are technically unavoidable
and which shall not be exceeded during the preparation of fresh, frozen andquick-frozen carcases and cuts thereof as well as the uniform methods ofverifying compliance therewith shall be determined in accordance with the
procedure laid down in Article 17 of Regulation (EEC) No 2777/75.
2. The indication of the percentages of technically unavoidable water
absorption referred to in paragraph 1 may be made mandatory in accordancewith the same procedure.
Article 8
1. Member States shall designate the competent authorities responsible for
supervising compliance with this Regulation not less than one month before
the date from which this Regulation shall apply.
2. The designation referred to in paragraph 1 shall be communicated to the
Commission and the other Member States together with any amendment
thereto.
3. The authorities referred to in paragraph 1 shall undertake checks of:(a) representative samples of poultrymeat at all stages of marketing as well
as during transport:
(b) a representative sample of poultrymeat at the time of customs clearance
for poultrymeat imported from third countries.
Article 9
Detailed rules for the implementation of this Regulation, in particular the
criteria for classification within the meaning of Article 3 (1) thereof, as wellas measures aimed at ensuring uniform application of this Regulation, shall be
adopted in accordance with the procedure laid down in Article 17 of
Regulation (EEC) No 2777/75.
Article 10
Member States shall take all appropriate measures to penalize infringements
of this Regulation.
Article 11
Member States and the Commission shall communicate to each other the
information necessary for implementing this Regulation.
Article 12
Regulation (EEC) No 2967/76 shall continue to apply pending implemen-
tation of the measures adopted in accordance with Article 7 of thisRegulation.
Article 13
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall apply with effect from 1 July 1991!B
(1) OJ No L 251, 24. 9. 1980, p. 10.!M3
!B1990R1906 — EN — 06.06.1998 — 003.001 — 6
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1990R1906 — EN — 06.06.1998 — 003.001 — 7