Commission Regulation (EC) No 399/2008 of 5 May 2008 amending Annex VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards requirements for certain processed petfood (Text with EEA relevance)
Date: 2008-05-05
Institutions: European Commission
Subjects: animal product, by-product, health control, pet food, processed foodstuff

L 118/12

EN

Official Journal of the European Union

6.5.2008

COMMISSION REGULATION (EC) No 399/2008

of 5 May 2008

amending Annex VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the
Council as regards requirements for certain processed petfood

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 1774/2002 of
the
European Parliament and of the Council of 3 October 2002
laying down health rules concerning animal by-products not
intended for human consumption (1),
and in particular
Article 20(1)(a) and Article 32(1) thereof,

(4)

Whereas:

the ingredients of animal origin which are
treated if
used have already been treated in accordance with the
processing standards for their placing on the market in
the Community. Those standards provide for adequate
protection against risks for public and animal health.

Article 28 to Regulation (EC) No 1774/2002 provides
that the provisions in that Regulation applicable to the
importation of certain products, including that processed
petfood are to be no more favourable or less favourable
than those applicable to the production and marketing of
those
those products
provisions
that
processed petfood into the Community should also
apply for the production of that processed petfood in
the Community.

in the Community. Therefore,
importation of

applicable

the

for

(1)

(2)

(3)

Regulation (EC) No 1774/2002 lays down animal and
public health requirements for the placing on the market
of certain animal by-products and products derived
therefrom not intended for human consumption.

(5)

Annex VIII to Regulation (EC) No 1774/2002 should
therefore be amended.

Annex VIII to Regulation (EC) No 1774/2002 lays down
requirements for the placing on the market and im-
portation into the Community of petfood, dog chews
and technical products. Chapter II B(3) of that Annex
than canned
provides
petfood must undergo certain heat
treatment during
processing.

that processed petfood other

(6)

The measures provided for in this Regulation are in
Standing
accordance with
Committee on the Food Chain and Animal Health,

opinion

the

the

of

for

into

importation

requirements

The
the
the
Community of processed petfood other than canned
petfood were amended by Commission Regulation (EC)
No 829/2007 (2);
for
than canned petfood which
processed petfood other
has
consignments was
imported
modified. According to the new health certificate set
out in Chapter 3(B) of Annex X to Regulation (EC) No
1774/2002, the processed petfood must not be heat-

the model health certificate

accompany

to

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
L 320,

(EC) No 1432/2007 (OJ

Commission Regulation
6.12.2007, p. 13).

(2) OJ L 191, 21.7.2007, p. 1. Regulation as amended by Regulation

(EC) No 1256/2007 (OJ L 282, 26.10.2007, p. 30).

HAS ADOPTED THIS REGULATION:

Article 1

Annex VIII to Regulation (EC) No 1774/2002 is amended in
accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

6.5.2008

EN

Official Journal of the European Union

L 118/13

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 May 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

ANNEX

In Annex VIII to Regulation (EC) No 1774/2002, paragraph B(3) of Chapter II is replaced by the following:

‘3. Processed petfood other than canned petfood must:

(a) be subjected to a heat treatment of at least 90 °C throughout the substance of the final product;

(b) be subjected to a heat treatment to at least 90 °C of the ingredients of animal origin; or

(c) be produced as regards ingredients of animal origin exclusively using:

(i) meat or meat products which have been subject to a heat treatment of at least 90 °C throughout their

substance;

(ii) the following animal by-products or processed products which have been processed in accordance with
the requirements of this Regulation: milk and milk based products, gelatine, hydrolysed protein, egg
products, collagen, blood products, processed animal protein including fishmeal, rendered fat, fish oils,
dicalcium phosphate, tricalcium phosphate or flavouring innards.

After the heat treatment, every precaution must be taken to ensure that such processed petfood is not exposed
to contamination.

The processed petfood must be packaged in new packaging.’