EUROPEAN COMMUNITIES —
TRADE DESCRIPTION OF SARDINES

IX. ANNEXES
 

A. ANNEX 1: COUNCIL REGULATION (EEC) 2136/89 OF 21 JUNE 1989 LAYING DOWN COMMON MARKETING STANDARDS FOR PRESERVED SARDINES

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products¹¹⁷, as last amended by Regulation (EEC) No 1495/89¹¹⁸, and in particular Article 2(3) thereof,

Having regard to the proposal from the Commission,

Whereas Regulation (EEC) No 3796/81 provides for the possibility of adopting common marketing standards for fishery products in the Community, particularly in order to keep products of unsatisfactory quality off the market and to facilitate trade relations based on fair competition;

Whereas the adoption of such standards for preserved sardines is likely to improve the profitability of sardine production in the Community, and the market outlets therefor, and to facilitate disposal of the products;

Whereas it must be specified in this context, particularly in order to ensure market transparency, that the products concerned must be prepared exclusively with fish of the species "Sardina pilchardus Walbaum" and must contain a minimum quantity of fish;

Whereas, in order to ensure good market presentation, the criteria for the preparation of the fish prior to packaging, the presentations in which it may be marketed and the covering media and additional ingredients which may be used should be laid down; whereas these criteria must not, however, be such as to preclude the introduction of new products on to the market;

Whereas, to prevent the marketing of unsatisfactory products, certain criteria which preserved sardines must satisfy in order to be marketed in the Community for human consumption should be defined;

Whereas Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States related to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer¹¹⁹ as last amended by Directive 86/197/EEC¹²⁰ and Council Directive 76/211/EEC of 20 January 1976 on the approximation of the laws of the Member States relating to making-up by weight or by volume of certain pre-packaged products¹²¹ as last amended by Directive 78/891/EEC¹²², specify the particulars required for correct information and protection of the consumer as regards the contents of packages; whereas, for preserved sardines, the trade description should be determined according to the culinary preparation proposed, having particular regard to the ratio between the various ingredients in the finished product; whereas, where the covering medium is oil, the way in which the oil must be described should be specified;

Whereas the Commission should have responsibility for the adoption of any technical implementing measures,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation defines the standards governing the marketing of preserved sardines in the Community. 

Article 2

Only products meeting the following requirements may be marketed as preserved sardines and under the trade description referred to in Article 7:

— they must be covered by CN codes 1604 13 10 and ex 1604 20 50;

— they must be prepared exclusively from fish of the species "Sardina pilchardus Walbaum";

— they must be pre-packaged with any appropriate covering medium in a hermetically sealed container;

— they must be sterilized by appropriate treatment.

Article 3

The sardines must, to the extent required for good market presentation, be appropriately trimmed of the head, gills, caudal fin and internal organs other than the ova, milt and kidneys, and, according to the market presentation concerned, backbone and skin.

Article 4

Preserved sardines may be marketed in any of the following presentations:

1. sardines: the basic product, fish from which the head, gills, internal organs and caudal fin have been appropriately removed. The head must be removed by making a cut perpendicular to the backbone, close to the gills;
    
2. sardines without bones: as the basic product referred to in point 1, but with the additional removal of backbone;
    
3. sardines without skin or bones: as the basic product referred to in point 1, but with the additional removal of the backbone and skin;
    
4. sardine fillets: portions of flesh obtained by cuts parallel to the backbone, along the entire length of the fish, or a part thereof, after removal of the backbone, fins and edge of the stomach lining. Fillets may be presented with or without skin;
    
5. sardine trunks: sardine portions adjacent to the head, measuring at least 3 cm in length, obtained from the basic product referred to in point 1 by making transverse cuts across the backbone;
    
6. any other form of presentation, on condition that it is clearly distinguished from the presentations defined in points 1 to 5.

Article 5

For the purposes of the trade description laid down in Article 7, a distinction shall be drawn between the following covering media, with or without the addition of other ingredients:

1. olive oil;
    
2. other refined vegetable oils, including olive-residue oil used singly or in mixtures;
    
3. tomato sauce;
    
4. natural juice (liquid exuding from the fish during cooking), saline solution or water;
    
5. marinade, with or without wine;
    
6. any other covering medium, on condition that it is clearly distinguished from the other covering media defined in points 1 to 5.

These covering media may be mixed, but olive oil may not be mixed with other oils.

Article 6

1. After sterilization, the products in the container must satisfy the following minimum criteria:

(a) for the presentations defined in points 1 to 5 of Article 4, the sardines or parts of sardine must:

—- be reasonably uniform in size and arranged in an orderly manner in the container,

—- be readily separable from each other,

—- present no significant breaks in the abdominal wall,

—- present no breaks or tears in the flesh,

—- present no yellowing of tissues, with the exception of slight traces,

—- comprise flesh of normal consistency. The flesh must not be excessively fibrous, soft or spongy,

—- comprise flesh of a light or pinkish colour, with no reddening round the backbone, with the exception of slight traces;

(b) the covering medium must have the colour and consistency characteristic of its description and the ingredients used. In the case of an oil medium, the oil may not contain aqueous exudate in excess of 8 % of net weight;

(c) the product must retain the odour and flavour characteristics of the species "Sardina pilchardus Walbaum" and the type of covering medium, and must be free of any disagreeable odour or taste, in particular bitterness, or taste of oxidation or rancidity;

(d) the product must be free of any foreign bodies;

(e) in the case of products with bones, the backbone must be readily separable from the flesh and friable;

(f) products without skin and without bones must present no significant residues thereof.

2. The container may not present external oxidation or deformation affecting good commercial presentation.

Article 7

Without prejudice to Directives 79/112/EEC and 76/211/EEC, the trade description on the pre-packaging of preserved sardines must correspond to the ratio between the weight of sardines in the container after sterilization and the net weight, both expressed in grams.

(a) For the presentations defined in points 1 to 5 of Article 4, the ratio shall be not less than the following values:

—- 70 % for the covering media listed in points 1, 2, 4 and 5 of Article 5,
—- 65 % for the covering medium described in point 3 of Article 5;
—- 50 % for the covering media referred to in point 6 of Article 5.

Where these values are complied with, the trade description must correspond to the presentation of the sardine on the basis of the corresponding designation referred to in Article 4. The designation of the covering medium must form an integral part of the trade description.

In the case of products in oil, the covering medium must be designated by one of the following expressions:

—- "in olive oil", where that oil is used,
      or
—- "in vegetable oil", where other refined vegetable oils, including olive-  residue oil, or mixtures thereof are used,
      or
 —- "in . . . oil", indicating the specific nature of the oil.

(b) For the presentations referred to in point 6 of Article 4, the ratio referred to in the first subparagraph must be at least 35 %.

(c) In the case of culinary preparations other than those defined in (a), the trade description must indicate the specific nature of the culinary preparation.

By way of derogation from Article 2, second indent at point (b) of this Article, preparations using homogenized sardine flesh, involving the disappearance of its muscular structure, may contain the flesh of other fish which have undergone the same treatment provided that the proportion of sardines is at least 25 %.

(d) The trade description, as defined in this Article, shall be reserved for the products referred to in Article 2.

Article 8

Where necessary, the Commission shall adopt, in accordance with the procedure laid down in Article 33 of Regulation (EEC) No 3796/81, the measures necessary to apply this Regulation, in particular the sampling plan for assessing conformity of manufacturing batches with the requirements of this Regulation.

Article 9

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply as from 1 January 1990.

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

Done at Luxembourg, 21 June 1989.

	For the Council
	The President
	C. ROMERO HERRERA

B. ANNEX 2: THE CODEX ALIMENTARIUS COMMISSION STANDARD FOR CANNED SARDINES AND SARDINE TYPE PRODUCTS (CODEX STAN 94 -1981 REV.1 - 1995)

1. SCOPE

This standard applies to canned sardines and sardine-type products packed in water or oil or other suitable packing medium. It does not apply to speciality products where fish content constitute less than 50% m/m of the net contents of the can.

2. DESCRIPTION

2.1 PRODUCT DEFINITION

2.1.1 Canned sardines or sardine-type products are prepared from fresh or frozen fish of the following species:

— Sardina pilchardus - Sardinops melanostictus, S. neopilchardus, S. ocellatus, S. sagax S. caeruleus

— Sardinella aurita, S. brasiliensis, S. maderensis, S. longiceps, S. gibbosa

— Clupea harengus

— Sprattus sprattus

— Hyperlophus vittatus

— Nematalosa vlaminghi

— Etrumeus teres

— Ethmidium maculatum

— Engraulis anchoita, E. mordax, E. ringens

— Opisthonema oglinum

2.1.2 Head and gills shall be completely removed; scales and/or tail may be removed. The fish may be eviscerated. If eviscerated, it shall be practically free from visceral parts other than roe, milt or kidney. If ungutted, it shall be practically free from undigested feed or used feed.

2.2 PROCESS DEFINITION

The products are packed in hermetically sealed containers and shall have received a processing treatment sufficient to ensure commercial sterility.

2.3 PRESENTATION

Any presentation of the product shall be permitted provided that it:

(i) contains at least two fish in each can; and

(ii) meets all requirements of this standard; and

(iii) is adequately described on the label to avoid confusing or misleading the consumer;

(iv) contain only one fish species.

3. ESSENTIAL COMPOSITION AND QUALITY FACTORS

3.1 RAW MATERIAL

The products shall be prepared from sound fish of the species listed under sub-section 2.1 which are of a quality fit to be sold fresh for human consumption.

3.2 OTHER INGREDIENTS

The packing medium and all other ingredients used shall be of food grade quality and conform to all applicable Codex standards.

3.3 DECOMPOSITION

The products shall not contain more than 10 mg/100g of histamine based on the average of the sample unit tested.

3.4 FINAL PRODUCT

Products shall meet the requirements of this Standard when lots examined in accordance with Section 9 comply with provisions set out in Section 8. Product shall be examined by the methods given in Section 7.

4. FOOD ADDITIVES

Only the use of the following additives is permitted.

Additive Maximum Level in the Final Product

Thickening or Gelling Agents

(for use in packing media only)

5. HYGIENE AND HANDLING

5.1 The final product shall be free from any foreign material that poses a threat to human health.

5.2 When tested by appropriate methods of sampling and examination as prescribed by the Codex Alimentarius Commission, the product:

(i) shall be free from micro-organisms capable of development under normal conditions of storage;

(ii) no sample unit shall contain histamine that exceeds 20 mg per 100 g;

(iii) shall not contain any other substance including substances derived from microorganisms in amounts which may represent a hazard to health in accordance with standards established by the Codex Alimentarius Commission;

(iv) shall be free from container integrity defects which may compromise the hermetic seal.

5.3 It is recommended that the product covered by the provisions of this standard be prepared and handled in accordance with the appropriate sections of the Recommended International Code of Practice - General Principles of Food Hygiene (CAC/RCP 1-1969, Rev. 3-1997) and the following relevant Codes:

(i) the Recommended International Code of Practice for Canned Fish (CAC/RCP 10 1976);

(ii) the Recommended International Code of Hygienic Practice for Low Acid and Acidified Low Acid Canned Foods (CAC/RCP 23-1979);

6. LABELLING

In addition to the provisions of the Codex General Standard for the Labelling of Prepackaged Foods (CODEX STAN 1 1985, Rev. 3 1999) the following special provisions apply:

6.1 NAME OF THE FOOD

The name of the product shall be:

6.1.1   (i) "Sardines" (to be reserved exclusively for Sardina pilchardus (Walbaum)); or

(ii) "X sardines" of a country, a geographic area, the species, or the common name of the species in accordance with the law and custom of the country in which the product is sold, and in a manner not to mislead the consumer.

6.1.2 The name of the packing medium shall form part of the name of the food.

6.1.3 If the fish has been smoked or smoke flavoured, this information shall appear on the label in close proximity to the name.

6.1.4 In addition, the label shall include other descriptive terms that will avoid misleading or confusing the consumer.

7. SAMPLING, EXAMINATION AND ANALYSES

7.1 SAMPLING

(i) Sampling of lots for examination of the final product as prescribed in Section 3.3 shall be in accordance with the FAO/WHO Codex Alimentarius Sampling Plans for Prepackaged Foods (AQL 6.5) (Ref. CAC/RM 42 1977);

(ii) Sampling of lots for examination of net weight and drained weight where appropriate shall be carried out in accordance with an appropriate sampling plan meeting the criteria established by the CAC.

7.2 SENSORIC AND PHYSICAL EXAMINATION

Samples taken for sensoric and physical examination shall be assessed by persons trained in such examination and in accordance with Annex A and the Guidelines for the Sensory Evaluation of Fish and Shellfish in Laboratories (CAC/GL 31-1999).

7.3 DETERMINATION OF NET WEIGHT

Net contents of all sample units shall be determined by the following procedure:

(i) Weigh the unopened container.

(ii) Open the container and remove the contents.

(iii) Weigh the empty container, (including the end) after removing excess liquid and adhering meat.

(iv) Subtract the weight of the empty container from the weight of the unopened container. The resultant figure will be the net content.

7.4 DETERMINATION OF DRAINED WEIGHT

The drained weight of all sample units shall be determined by the following procedure:

(i) Maintain the container at a temperature between 20°C and 30°C for a minimum of 12 hours prior to examination.

(ii) Open and tilt the container to distribute the contents on a pre-weighed circular sieve which consists of wire mesh with square openings of 2.8 mm x 2.8 mm.

(iii) Incline the sieve at an angle of approximately 17 20° and allow the fish to drain for two minutes, measured from the time the product is poured into the sieve.

(iv) Weigh the sieve containing the drained fish.

(v) The weight of drained fish is obtained by subtracting the weight of the sieve from the weight of the sieve and drained product.

7.5 PROCEDURES FOR PACKS IN SAUCES (WASHED DRAINED WEIGHT)

(i) Maintain the container at a temperature between 20°C and 30°C for a minimum of 12 hours prior to examination.

(ii) Open and tilt the container and wash the covering sauce and then the full contents with hot tap water (approx. 40°C), using a wash bottle (e.g., plastic) on the tared circular sieve.

(iii) Wash the contents of the sieve with hot water until free of adhering sauce; where necessary separate optional ingredients (spices, vegetables, fruits) with pincers. Incline the sieve at an angle of approximately 17-20° and allow the fish to drain two minutes, measured from the time the washing procedure has finished.

(iv) Remove adhering water from the bottom of the sieve by use of paper towel. Weigh the sieve containing the washed drained fish.

(v) The washed drained weight is obtained by subtracting the weight of the sieve from the weight of the sieve and drained product.

7.6 DETERMINATION OF HISTAMINE

AOAC 977.13 (15th Edition, 1990)

8. DEFINITION OF DEFECTIVES

A sample unit will be considered defective when it exhibits any of the properties defined below.

8.1 FOREIGN MATTER

The presence in the sample unit of any matter, which has not been derived from the fish or the packing media, does not pose a threat to human health, and is readily recognized without magnification or is present at a level determined by any method including magnification that indicates non-compliance with good manufacturing and sanitation practices.

8.2 ODOUR/FLAVOUR

A sample unit affected by persistent and distinct objectionable odours or flavours indicative of decomposition or rancidity.

8.3 TEXTURE

(i) Excessively mushy flesh uncharacteristic of the species in the presentation.

(ii) Excessively tough or fibrous flesh uncharacteristic of the species in the presentation.

8.4 DISCOLOURATION

A sample unit affected by distinct discolouration indicative of decomposition or rancidity or by sulphide staining of more than 5% of the fish by weight in the sample unit.

8.5 OBJECTIONABLE MATTER

A sample unit affected by Struvite crystals - any struvite crystal greater than 5 mm in length.

9. LOT ACCEPTANCE

A lot will be considered as meeting the requirements of this standard when:

(i) the total number of defectives as classified according to Section 8 does not exceed the acceptance number (c) of the appropriate sampling plan in the Sampling Plans for Prepackaged Foods (AQL 6.5) (CAC/RM 42 1977);

(ii) the total number of sample units not meeting the presentation defined in 2.3 does not exceed the acceptance number (c) of the appropriate sampling plan in the Sampling Plans for Prepackaged Foods (AQL 6.5) (CAC/RM 42 1977);

(iii) the average net weight or the average drained weight where appropriate of all sample units examined is not less than the declared weight, and provided there is no unreasonable shortage in any individual container;

(iv) the Food Additives, Hygiene and Labelling requirements of Sections 3.3, 4.5.1, 5.2 and 6 are met.

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