Using Uncertainty Functions To Predict and Specify The Performance of Analytical Methods
Using Uncertainty Functions To Predict and Specify The Performance of Analytical Methods
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►M1 Commission Regulation (EU) No 836/2011 of 19 August 2011 L 215 9 20.8.2011
2007R0333 — EN — 01.09.2012 — 001.001 — 2
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COMMISSION REGULATION (EC) No 333/2007
of 28 March 2007
laying down the methods of sampling and analysis for the official
control of the levels of lead, cadmium, mercury, inorganic tin, 3-
MCPD and polycyclic aromatic hydrocarbons in foodstuffs
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(Text with EEA relevance)
Whereas:
(4) The methods of sampling and analysis to be used for the official
control of levels of lead, cadmium, mercury, 3-MCPD, inorganic
tin and benzo(a)pyrene in certain foodstuffs are established in
Commission Directive 2001/22/EC of 8 March 2001 laying
down the sampling methods and the methods of analysis for
the official control of the levels of lead, cadmium, mercury and
3-MCPD in foodstuffs (4), Commission Directive 2004/16/EC
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of 12 February 2004 laying down the sampling methods and the
methods of analysis for the official control of the levels of tin in
canned foods (1) and Commission Directive 2005/10/EC of
4 February 2005 laying down the sampling methods and the
methods of analysis for the official control of the levels of
benzo(a)pyrene in foodstuffs (2), respectively.
(5) Numerous provisions on sampling and analysis for the official
control of the levels of lead, cadmium, mercury, inorganic tin, 3-
MCPD and benzo(a)pyrene in foodstuffs are similar. Therefore,
in the interest of clarity of legislation, it is appropriate to merge
those provisions in one single legislative act.
(6) Directives 2001/22/EC, 2004/16/EC and 2005/10/EC should
therefore be repealed and replaced by a new Regulation.
(7) The measures provided for in this Regulation are in accordance
with the opinion of the Standing Committee for the Food Chain
and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
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1. Sampling and analysis for the official control of the levels of lead,
cadmium, mercury, inorganic tin, 3-MCPD and polycyclic aromatic
hydrocarbons (‘PAH’) listed in Sections 3, 4 and 6 of the Annex to
Regulation (EC) No 1881/2006 shall be carried out in accordance with
the Annex to this Regulation.
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2. Paragraph 1 shall apply without prejudice to the provisions of
Regulation (EC) No 882/2004.
Article 2
Article 3
This Regulation shall enter into force on the 20th day following its
publication in the Official Journal of the European Union.
It shall apply from 1 June 2007.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX
PART A
DEFINITIONS
For the purposes of this Annex, the following definitions shall apply:
‘aggregate sample’: the combined total of all the incremental samples taken
from the lot or sublot; aggregate samples shall be
considered as representative of the lots or sublots
from which they are taken;
PART B
SAMPLING METHODS
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B.1.6. Samples for enforcement, defence and referee purposes
The samples for enforcement, defence and referee purposes shall be
taken from the homogenised aggregate sample unless this conflicts
with the rules of the Member States as regards the rights of the food
business operator.
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In case of sampling for PAH analysis plastic containers shall be
avoided if possible as they could alter the PAH content of the
sample. Inert, PAH-free glass containers, adequately protecting the
sample from light, shall be used wherever possible. Where this is prac
tically impossible, at least direct contact of the sample with plastics
shall be avoided, e.g. in case of solid samples by wrapping the
sample in aluminium foil before placing it in the sampling container.
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B.1.8. Sealing and labelling of samples
Each sample taken for official use shall be sealed at the place of
sampling and identified following the rules of the Member States.
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B.2. SAMPLING PLANS
B.2.1. Division of lots into sublots
Large lots shall be divided into sublots on condition that the sublot may
be separated physically. For products traded in bulk consignments (e.g.
cereals) Table 1 shall apply. For other products Table 2 shall apply.
Taking into account that the weight of the lot is not always an exact
multiple of the weight of the sublots, the weight of the sublot may
exceed the mentioned weight by a maximum of 20 %.
In the case of bulk liquid products the lot or sublot shall be thoroughly
mixed in so far as possible and in so far it does not affect the quality of
the product, by either manual or mechanical means immediately prior to
sampling. In this case, a homogeneous distribution of contaminants is
assumed within a given lot or sublot. It is therefore sufficient to take
three incremental samples from a lot or sublot to form the aggregate
sample.
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The incremental samples shall be of similar weight/volume. The weight/
volume of an incremental sample shall be at least 100 grams or 100
millilitres, resulting in an aggregate sample of at least about 1 kg or 1
litre. Departure from this method shall be recorded in the record
provided for under point B.1.8 of this Annex.
Table 1
Subdivision of lots into sublots for products traded in bulk
consignments
< 100 —
Table 2
Subdivision of lots into sublots for other products
≥ 15 15-30 tonnes
< 15 —
Table 3
Minimum number of incremental samples to be taken from the lot
or sublot
< 50 3
≥ 50 and ≤ 500 5
> 500 10
Table 4
Number of packages or units (incremental samples) which shall be
taken to form the aggregate sample if the lot or sublot consists of
individual packages or units
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The maximum levels for inorganic tin apply to the contents of each can,
but for practical reasons it is necessary to use an aggregate sampling
approach. If the result of the test for an aggregate sample of cans is less
than but close to the maximum level of inorganic tin and if it is
suspected that individual cans might exceed the maximum level, then
it might be necessary to conduct further investigations.
Where it is not possible to carry out the method of sampling set out in
this chapter because of the unacceptable commercial consequences (e.g.
because of packaging forms, damage to the lot, etc.) or where it is
practically impossible to apply the abovementioned method of
sampling, an alternative method of sampling may be applied provided
that it is sufficiently representative for the sampled lot or sublot and is
fully documented.
B.2.3. Specific provisions for the sampling of large fish arriving in large
lots
In case the lot or sublot to be sampled contains large fishes (individual
fishes weighing more than about 1 kg) and the lot or sublot weighs
more than 500 kg, the incremental sample shall consist of the middle
part of the fish. Each incremental sample shall weigh at least 100 g.
Where it is not possible to carry out the method of sampling set out in
point B.2.2 because of the unacceptable commercial consequences (e.g.
because of packaging forms, damage to the lot, etc.) or where it is
practically impossible to apply the abovementioned method of
sampling, an alternative method of sampling may be applied provided
that it is sufficiently representative for the sampled lot or sublot and is
fully documented.
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PART C
(1) ‘The international harmonized protocol for the proficiency testing of analytical chemistry
laboratories’ by M. Thompson, S.L.R. Ellison and R. Wood, Pure Appl. Chem., 2006,
78, 145-96.
(2) Edited by M. Thompson and R. Wood, Pure Appl. Chem., 1995, 67, 649-666.
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C.2. SAMPLE PREPARATION
C.2.1. Precautions and general considerations
The basic requirement is to obtain a representative and homogeneous
laboratory sample without introducing secondary contamination.
All of the sample material received by the laboratory shall be used for
the preparation of the laboratory sample.
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There are many satisfactory specific sample preparation procedures
which may be used for the products under consideration. For those
aspects not specifically covered by this Regulation, the CEN Standard
‘Foodstuffs - Determination of trace elements – Performance criteria,
general considerations and sample preparation’ (1) has been found to be
satisfactory but other sample preparation methods may be equally valid.
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In the case of inorganic tin, care shall be taken to ensure that all the
material is taken into solution as losses are known to occur readily,
particularly because of hydrolysis to insoluble hydrated Sn(IV) oxide
species.
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C.2.2.2. S p e c i f i c procedures for polycyclic aromatic
hydrocarbons
The analyst shall ensure that samples do not become contaminated
during sample preparation. Containers shall be rinsed with high purity
acetone or hexane before use to minimise the risk of contamination.
Wherever possible, apparatus and equipment coming into contact with
the sample shall be made of inert materials such as aluminium, glass or
polished stainless steel. Plastics such as polypropylene or PTFE shall be
avoided because the analytes can adsorb onto these materials.
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C.2.3. Treatment of the sample as received in the laboratory
The complete aggregate sample shall be finely ground (where relevant)
and thoroughly mixed using a process that has been demonstrated to
achieve complete homogenisation.
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C.2.4. Samples for enforcement, defence and referee purposes
The samples for enforcement, defence and referee purposes shall be
taken from the homogenised material unless this conflicts with the
rules of the Member States on sampling as regards the rights of the
food business operator.
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‘’HORRAT (1)r = The observed RSDr divided by the RSDr value
estimated from the (modified) Horwitz equation (2)
(cf. point C.3.3.1 (‘Notes to the performance crite
ria’)) using the assumption r = 0,66 R.
(1) Horwitz W. and Albert, R., 2006, The Horwitz Ratio (HorRat): A useful Index of
Method Performance with respect to Precision, Journal of AOAC International, Vol.
89, 1095-1109.
(2) M. Thompson, Analyst, 2000, p. 125 and 385-386.
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‘HORRAT (1)R’ = The observed RSDR divided by the RSDR value
estimated from the (modified) Horwitz equation (2)
(cf. point C.3.3.1 (‘Notes to the performance crite
ria’)).
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‘U’ = The expanded measurement uncertainty, using a
coverage factor of 2 which gives a level of
confidence of approximately 95 % (U = 2u).
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C.3.2. General requirements
Methods of analysis used for food control purposes shall comply with
the provisions of Annex III to Regulation (EC) No 882/2004.
Methods for analysis for total tin are appropriate for official control on
inorganic tin levels.
For the analysis of lead in wine, the methods and rules established by
the OIV (4) apply in accordance with Article 31 of Council Regulation
(EC) No 479/2008 (5).
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C.3.3. Specific requirements
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C.3.3.1. P e r f o r m a n c e c r i t e r i a
(1) Horwitz W. and Albert, R., 2006, The Horwitz Ratio (HorRat): A useful Index of
Method Performance with respect to Precision, Journal of AOAC International, Vol.
89, 1095-1109.
(2) M. Thompson, Analyst, 2000, p. 125 and 385-386.
(3) International vocabulary of metrology – Basic and general concepts and associated terms
(VIM), JCGM 200:2008.
(4) Organisation internationale de la vigne et du vin.
( ) Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of
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the market in wine amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC)
No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC)
No 1493/1999 (OJ L 148, 6.6.2008, p. 1).
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Where possible, the validation of in-house validated methods shall
include a certified reference material.
Table 5
Parameter Criterion
Table 6
Parameter Criterion
Recovery 75-110 %
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Table 7
Parameter Criterion
Recovery 50-120 %
RSDR = 22 %
where:
RSDR = 2C(–0,15)
where:
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C.3.3.2. ‘Fitness-for-purpose’ approach
For in-house validated methods, as an alternative a ‘fitness-for-purpose’
approach (1) may be used to assess their suitability for official control.
Methods suitable for official control must produce results with a
combined standard measurement uncertainty (u) less than the
maximum standard measurement uncertainty calculated using the
formula below:
qffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffi
Uf ¼ ðLOD=2Þ2 þ ðαCÞ2
where:
— LOD is the limit of detection of the method (μg/kg). The LOD must
meet the performance criteria set in point C.3.3.1 for the concen
tration of interest.
Table 8
Numeric values to be used for α as constant in formula set out in
this point, depending on the concentration of interest
C (μg/kg) α
≤ 50 0,2
51-500 0,18
The analyst shall note the ‘Report on the relationship between analytical
results, measurement uncertainty, recovery factors and the provisions of
EU food and feed legislation’ (2).
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PART D
D.1. REPORTING
D.1.1. Expression of results
The results shall be expressed in the same units and with the same
number of significant figures as the maximum levels laid down in
Regulation (EC) No 1881/2006.
(1) M. Thompson and R. Wood, Accred. Qual. Assur., 2006, p. 10 and 471-478.
(2) http://ec.europa.eu/food/food/chemicalsafety/contaminants/report-sampling_analy
sis_2004_en.pdf
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In case no extraction step is applied in the analytical method (e.g. in
case of metals), the result may be reported uncorrected for recovery if
evidence is provided by ideally making use of suitable certified
reference material that the certified concentration allowing for the
measurement uncertainty is achieved (i.e. high accuracy of the measure
ment), and thus that the method is not biased. In case the result is
reported uncorrected for recovery this shall be mentioned.
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D.1.3. Measurement uncertainty
The analytical result shall be reported as x +/– U whereby x is the
analytical result and U is the expanded measurement uncertainty, using
a coverage factor of 2 which gives a level of confidence of approxi
mately 95 % (U = 2u).
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The analyst shall note the ‘Report on the relationship between analytical
results, measurement uncertainty, recovery factors and the provisions of
EU food and feed legislation’ (1).
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D.2. INTERPRETATION OF RESULTS
D.2.1. Acceptance of a lot/sublot
The lot or sublot is accepted if the analytical result of the laboratory
sample does not exceed the respective maximum level as laid down in
Regulation (EC) No 1881/2006 taking into account the expanded
measurement uncertainty and correction of the result for recovery if
an extraction step has been applied in the analytical method used.
D.2.2. Rejection of a lot/sublot
The lot or sublot is rejected if the analytical result of the laboratory
sample exceeds beyond reasonable doubt the respective maximum level
as laid down in Regulation (EC) No 1881/2006 taking into account the
expanded measurement uncertainty and correction of the result for
recovery if an extraction step has been applied in the analytical
method used.
D.2.3. Applicability
The present interpretation rules shall apply for the analytical result
obtained on the sample for enforcement. In case of analysis for
defence or reference purposes, the national rules shall apply.
(1) http://ec.europa.eu/food/food/chemicalsafety/contaminants/report-sampling_analy
sis_2004_en.pdf