Proposal on marketing standards for poultrymeat

Draft Commission delegated Regulation supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for poultrymeat, and repealing Commission Regulation (EC) No 543/2008; Annexes

Draft Commission implementing Regulation laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for poultrymeat; Annex

Update

The European Commission has informed the World Trade Organization Technical Barriers to Trade (WTO TBT) Committee that it is updating the marketing standards for poultrymeat (G/TBT/N/EU/974; G/TBT/N/EU/975). The new rules apply a risk-based approach to controls of water content in poultry, and introduce new definitions and flexibility in labelling to encourage innovations that support the EU’s sustainability goals.

Impacted Products

poultry

What is changing?

The new rules replace the current marketing standard (Regulation 543/2008). The major changes proposed by the Commission are as follows.

Draft Delegated Regulation

Definitions

• Extends the scope of poultrymeat products covered by the marketing standard to include: inner fillet, feet, paws, neck, head; supreme, wishbone, scapula (Art. 2).
• Extends the definition of “carcase” to include the neck when relevant (Art. 3(a)).

Optional labels

The new rules allow operators greater flexibility in the labelling that they may use to promote types of farming (particularly, sustainable practices). In addition to standard terms such as “fed with”, “extensive indoor”, “free range” (defined in Annex VI), EU Member States and non-EU competent authorities may permit operators to indicate other farming methods (Art. 10.5). For example, this creates the possibility to label “no use of antibiotics”. Non-EU country authorities must send a request to the Commission to use optional labels, and must certify that the products are compliant (Art. 13).

Free range poultry

Poultry may be marketed as “free range” even when the birds have been housed to prevent the spread of avian flu; the current restriction that poultry may only be housed for 12 weeks is deleted (Annex VI, last sentence). This aligns free range requirements with rules on organic eggs.

Draft Implementing Regulation

Water content in poultry

It is proposed that only the chemical method will be allowed for checking water content (Art. 5; Annex I). The drip method, which is currently permitted, will be removed due to its unreliability. Controls of water content in poultry will be carried out on the basis of risk analysis, including for imports from non-EU countries (Art. 6.7).

Reducing food waste

When a batch is not compliant, it can be corrected by removing only the defective units, rather than the whole batch (Art. 3(5)).

Why?

The review of marketing standards reflects the changes linked to innovation, societal concerns and policy developments described in the European Commission's Farm to Fork Strategy, such as supply of sustainable products, and improving information for consumers.

Timeline

The new rules are expected to apply from November 2023.

What are the major implications for exporting countries?

The proposed changes are not expected to have a significant impact on poultry exporters. The main changes are the method for controlling water content in poultry and the new definitions that will need to be respected by exporters of inner fillet, feet, paws, neck, head, supreme, wishbone and scapula.

Recommended Actions

Poultry suppliers should consider opening a dialogue with their competent authorities to consider requesting relevant optional labelling indications, such as “no use of antibiotics”.

Background

The main low- and middle-income countries exporting poultry products to the EU are Brazil, China, Thailand and Ukraine.

For more information see EU marketing standards explained.

Resources

Sources

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Regulation

Draft Delegated Regulation and Annexes

Draft Implementing Regulation and Annex

What is changing and why?

Marketing standards are rules put in place to make sure that certain foods are traded fairly, and that consumers have clear and transparent information about them. The standard for poultry meat is being reviewed. Here are the major changes:

• The new rules will now apply to some type of cuts that were previously excluded: inner fillet, feet, paws, neck, head; supreme, wishbone, scapula.
• It will be easier to make new claims on food labels relating to how the poultry was farmed (e.g. “no use of antibiotics”), but authorities from non-European Union (EU) countries will need to ask the Commission for permission to use these claims.
• The claim of "free range" can now be used even where birds were kept indoors to protect them from avian flu.
• When checking the water content in poultry meat, the drip method (currently allowed) will no longer be permitted. Only the chemical method can be used.
• To reduce food waste, if a batch of poultry meat is not up to standard, just the non-compliant products may be removed instead of the whole batch.

Actions

Consultation closed on 25 June 2023.

Timeline

Expected date of application: November 2023.

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