ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 1/44COMMISSION IMPLEMENTING REGUL ATION (EU) 2023/2782 
of 14 December 2023
laying down the methods of sampling and analysis for the control of the levels of mycoto xins in food 
and repealing Regulation (EC) No 401/2006 
(Text with EEA relevance) 
THE EUR OPEAN COMMISSION,
Havi ng regar d to the Treaty on the Functioning of the European Union,
Havi ng regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official 
controls and other official activities perf ormed to ensure the application of food and feed law, rules on animal health and 
welf are, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) 
No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the 
European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council 
Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) 
No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 
89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Offici al 
Controls Regulation) (1), and in particular Article 34(6) thereof,
Whereas:
(1) Commission Regulation (EU) 2023/915 (2)sets maximum levels for certain mycoto xins and ergot sclerotia in foods.
(2) Commission Regulation (EC) No 401/2006 (3)lays down the methods of sampli ng and analysis to be used for the 
official control of the levels of mycotoxins in foodstuffs.
(3) The sampli ng methods provided for in Regulation (EC) No 401/2006 for the different foods should apply to the 
control of all mycoto xins instead of specifically mentioned mycotoxins, in those foods. It is further more 
appropr iate to update the sampli ng method for food supplements and to provi de for a sampling method for dried 
herbs, herbal infusions and teas.
(4) Offi cial controls can be performe d on foods for which no specific maximum level has been established for 
mycotoxins and for which no specifi c sampli ng procedure has been established. It is theref ore appropr iate to 
provid e criteria to deter mine whic h sam pling procedure should be applied in such cases.
(5) On the basis of the best available scientific information, the European Union Reference Laboratory on mycotoxins 
and plant toxins have updat ed the analytical performance criteria for mycoto xins. It is theref ore appropr iate to 
modify the criteria as laid down in Regulation (EC) No 401/2006.
(6) It is necessar y to provide suffi cient time for control laboratori es to implement the new requirements introduced by 
this Regulation. Theref ore, it is appropr iate to provi de for a reasonable time until this Regulation applies.
(7) In order to ensure continuity in the performa nce of official controls and other regulator y activities on maximum 
levels of mycotoxins and to allow enough time for methods of analysis to be re-validate d, it is appropr iate to 
provid e that methods of analysis which have been validat ed before the date of application of this Regulation may 
remain in use for a defined period, subject to the specifi c requirements provided for in point 4.3 in Annex II to 
Regulation (EC) No 401/2006
(1)OJ L 95, 7.4.2017, p. 1.
(2)Commission Regulation (EU) 2023/915 of 25 Apr il 2023 on maximum levels for certain contaminants in food and repealing 
Regulation (EC) No 1881/2006 (OJ L 119, 5.5.2023, p. 103).
(3)Commission Regulation (EC) No 401/2006 of 23 Febr uary 2006 laying down the methods of samplin g and analysis for the official 
control of the levels of mycotoxins in foodstuffs (OJ L 70, 9.3.2006, p. 12).
Offi cial Jour nal  
of the European Union EN 
L series    
2023/2782  15.12.2023ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 2/44(8) Since the modifi cations to Regulation (EC) No 401/2006 are substantial, it is appropr iate, for reasons of clarity, to 
repeal and replace that Regulation.
(9) The measures provid ed for in this Regulation are in accordance with the opinion of the Standing Committ ee on 
Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGUL ATION:
Article 1
For the purposes of this Regulation, the followi ng definitions shall apply:
(1) ‘lot’ means an identif iable quantity of a food commodity delivered at one time and determined by the compet ent 
author ity to have common charact eristics, such as origin, variety, type of packag e, pack er, consignor or markings;
(2) ‘sublot’ means a physically separate and identifiable part of a large lot designat ed to apply the sampli ng method;
(3) ‘incremental sample’ means a quantity of mate rial taken from a sing le place in the lot or sublot ;
(4) ‘aggregat e sample’ means the combined total of all the incremental samples taken from the lot or sublot ;
(5) ‘subsample’ means a quantity of mat erial taken from the aggrega te sam ple for control of ergot sclerotia by visual 
examination;
(6) ‘laboratory sample’ means a representative part or quantity of the aggreg ate sam ple intende d for the laboratory ;
(7) ‘recov ery (Rec, %)’ means the percentage obtained by applying the following formula x/xref × 100 % where:
x= measured concentration (for spik ed samples corrected for backg round concentration if not blank), and
xref = referen ce concentration (concentration of a Certified Reference Materi al (CRM), Proficiency Test 
mater ial, or spik ed sample);
(8) ‘bias’ means the difference between the measured value and the reference concentration;
(9) ‘repeatability relative standard deviation (RSDr)’ means the relative standard deviation (%) calculat ed from results 
generated under repeatability conditions (repeatability precision): using the same method on the same sample 
mate rial in one laborat ory by the same operator , with the same instr ument, within a shor t inter val of time (1 day or 
1 sequence);
(10) ‘within-laborato ry reproducibility relative standard deviation (RSDw R)’ means the relative standard deviation (%) 
calculat ed from results generated under within-laboratory reproducibility conditions (interme diate precision): using 
the same method on the same sample mate rial in one laborat ory but different days (preferably a long er time inter val), 
and may include other conditions, such as involving different operat ors and/or differ ent (equivalent) instr uments;
(11) ‘reproducibility relative standard deviation (RSD R)’ means the relative standard deviation (%) calculated from results 
generated under reproducibility conditions (inter laboratory precision), meaning the same mat erial is analysed by 
differ ent laborat ories. The RSD R may be derived from, in particular , collaborative studies and proficiency tests;OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 3/44(12) ‘limit of Quantif ication (LOQ)’ means the lowest cont ent of the analyte whic h can be measured with reasonable 
statistical certainty . In the context of this regulation this means the lowest successfully validate d level: the lowe st 
tested concentration of analyte in a sam ple mater ial, for whic h it has been demonstrated that the criteria for recovery , 
precision, and identification are met (4);
(13) ‘screening target concentration (STC)’ means the concentration of inter est for detection of the mycotoxin in a sam ple. 
When the aim is to test compl iance with regulatory limits, the STC is equal to the applicable maximum level. For 
other purposes or in case no maximum level has been established, the STC is predef ined by the laborat ory;
(14) ‘screening method’ means the method used for selection of those sam ples with levels of mycotoxins that excee d the 
screening target concentration (STC), with a given certainty . For the purpose of mycoto xin screening, a certainty of 
95 % is considered fit-for-pur pose. The result of the screening analysis is either ‘neg ative’ or ‘suspect ’. Screening 
methods shall allow a cost-effective high samp le-throughput, thus increasing the chance to disco ver new incidents 
with high exposure and health risks to consumers. These methods shall be based on bio-analytical, LC-MS or HPLC 
methods. Results from samp les exceed ing the cut-off value shall be verified by a full re-analysis from the original 
sample by a confir matory method;
(15) ‘neg ative sample’ means the mycotoxin cont ent in the sam ple is < STC with a certainty of 95 % (i.e. there is a 5 % 
chance that sam ples will be incor rectly repor ted as negat ive);
(16) ‘false negative sample’ means the mycoto xin conte nt in the sam ple is >STC but it has been identif ied as negative;
(17) ‘suspect sample’ (screen positive) means the sam ple exceeds the cut-off value and may contain the mycotoxin at a level 
higher than the STC;
(18) ‘false suspect sample’ means a negative sample that has been identified as suspect ;
(19) ‘confir mat ory methods’ means methods that provide full or compl ementar y information enabling the mycotoxin to 
be identif ied and quantifi ed unequiv ocally at the level of interest;
(20) ‘cut-off value’ means the response, signal, or concentration, obtained with the screening method, above whic h the 
sample is classifie d as ‘suspect ’. The cut-off value is deter mined during the validation and takes the variability of the 
measurement into account ;
(21) ‘neg ative control (blank matr ix) sample’ means a sample known to be free of the mycotoxin to be screened for, by 
previous deter mination using a conf irmatory method of sufficient sensitivity or by other method or, where such 
sample cannot be obtained, mater ial with the lowe st obtainable level as long as the level allows the conclusion that 
the screening method is fit for that purpose;
(22) ‘sampl e known to be free’ means a sample where the amount present of the analyte does not exceed 1/5 of the STC. If 
the level can be quantified with a confir matory method, the level shall be taken into consideration for the validation 
assessment ;
(23) ‘positive control sample’ means a sample containing the mycotoxin at the screening targe t concentration, such as a 
certified reference mater ial, a mate rial of known conte nt (e.g. test mater ial of prof iciency tests) or other wise 
suffi ciently charact erised by a confir matory method. In the absence of any of the above, a blend of samples with 
differ ent levels of contamination or a spiked sample prepared within laborat ory and suffi ciently charact erised can be 
used, provided it can be proven that the contamination level has been verified.
Article 2
1. Sampli ng for the control of the levels of mycoto xins in foods shall be carried out in accordance with the methods set 
out in Annex I.
(4)For risk assessment, fit-for -pur pose LOQ s are generally lower com pared to what is required for official control for chec king 
com pliance with a ML, as the aim is to generate numer ical data for the major part of the samples analysed (i.e. avoid left-censored 
data) in order to be able to perform accurat e exposure assessments. For monit oring purposes, it can be acceptable to repor t levels 
belo w the LOQ as defined in the context of this Regulation.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 4/442. In case of a food that cannot be classified in a food categor y for which a sampling procedure has been established in 
Annex I, the sampli ng procedure shall be determined having regar d to the particle size of that food or the similar ity of that 
food with a product that can be classified in one of the food categor ies in Annex I.
3. In case of a foods that cannot be classifie d in any food catego ry listed in Annex I and provid ed that there is evidence 
that the mycoto xin is homogene ously distr ibut ed in such a food, the food shall be sam pled using the sample procedure 
laid down in Part B of the Annex to Commission Regulation (EC) No 333/2007 (5).
Article 3
Sample preparation and methods of analysis used for the control of the levels of mycotoxins in foodstuffs shall compl y with 
the criteria set out in Annex II.
Article 4
Regulation (EC) No 401/2006 is hereby repealed. References to the repealed Regulation shall be constr ued as references to 
this Implementing Regulation.
However , until 1 Januar y 2029 , the specific requirements provid ed for in point 4.3 in Annex II to Regulation (EC) 
No 401/2006 shall continue to apply to methods which have been validat ed before the entr y into application of this 
Regulation.
Article 5
This Regulation shall enter into force on the twentieth day followi ng that of its publication in the Official Journal of the 
European Union.
It shall apply from 1 Apr il 2024 .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2023 .
For the Commission
The President
Ursula VON DER LEYEN
(5)Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the control of 
the levels of trace elements and processing contaminants in foodstuffs (OJ L 88, 29.3.2007, p. 29).OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 5/44ANNEX I 
Methods of sampling for the control of the levels of mycotoxins in food (1)
PART I
GENERAL PROVISIONS
A.1. General provisions
A.1.1. Personnel
Sam pling shall be performe d by a person as designate d by the compet ent author ity of the Member State.
A.1.2. Mater ial to be sampled
Each lot which is to be examined shall be sample d separately . In accordance with the specifi c sam pling provisions 
for the differ ent mycotoxins, large lots shall be subdivided into sublots to be sample d separate ly.
A.1.3. Precautions to be taken
In the course of sampli ng and preparation of the samples, precautions shall be taken to avoid any changes, whic h 
would:
— affect the mycotoxin cont ent, adversely affect the analytical determi nation or make the aggrega te samples 
unrepresentative;
— affect the food safety of the lots to be sampled.
Also, all measures necessar y to ensure the safety of the persons taking the samples shall be take n.
A.1.4. Incre mental samples
As far as possible incremental samples shall be taken at various places distr ibuted throughout the lot or sublot. 
Depar ture from such procedure shall be recorded in the record provid ed for under part I. point A.1.8. of this 
Annex.
A.1.5. Preparation of the aggregate sample
The aggregat e sample shall be made up by combining the incremental samples.
A.1.6. Replicate samples
The replicate samples for enforcement, defe nce and referen ce purposes shall be take n from the homogenised 
aggreg ate sample, unless such procedure conf licts with Member States’ rules as regar ds the rights of the food 
business operator .
A.1.7. Packaging and transmission of samples
Each sam ple shall be placed in a clean, iner t container offering adequate prote ction from contamination and 
against damage in transit. All necessar y precautions shall be take n to avoid any change in compo sition of the 
sam ple, which might arise during transpor tation or stora ge.
A.1.8. Sealing and labelling of samples
Each sample taken for official use shall be sealed at the place of sam pling and identif ied following the rules of the 
Member State .
(1)A guidance document for compet ent author ities for the control of compliance with EU legislation on aflatoxins is available at https:// 
food.ec.europa.eu/document/download/5e7138d9-26c5-4f38-900c-9933f e605a92_en?filename=cs_contaminants_samplin 
g_analysis-guidance-2010_en.pdf The guidance document provides additional practical information but the information contained in 
the guidance document is subordinate to the provi sions in this Regulation.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 6/44A record of each sam pling shall be kept, permitting each lot to be identif ied unambiguously and giving the date 
and place of sam pling together with any additional information likely to be of assistance to the analyst.
A.2. Different types of lots
Food commodities may be traded in bulk, containers, or individual packag es, such as sacks, bags, retail/individual 
packa ges. The method of sampli ng may be applied to commodities put on the market in bulk , containers, or 
individual packag es, such as sacks, bags, retail/individual packag es or any other diffe rent form.
Without prejudice to the specific sampli ng provisions set out in other parts of this Annex, the followi ng formula 
shall be used as a guide for calculating the sam pling frequency of lots put on the market in individual packag es, 
such as sacks, bags, retail/individual packag es.
Sampli ng frequency (SF) n =Weight of the lot x Weight of the incremental sample
Weight of the aggregat e sample x Weight of individual packag e
— weight: in kg
— sam pling frequency (SF): ever y nth individual packag e from whic h an incremental sam ple shall be take n 
(decimal figures shall be rounded to the nearest whole number).
A.3. Sampling of commodities with a high volume/w eight ratio
With the exce ption of the food commodities falling under parts L and M of part II of this Annex, in the case of 
sam pling food commodities which have a high volume in compar ison to their weight (i.e. volume (dm3)/weight 
(kg) > 5) the weight requirements can be replaced by equivalent volume requirement (i.e. 1 kg replaced by 1 dm3).
PART II
METHODS OF SAM PLING
This part lays down the methods of sampling for the following catego ries of food:
A. Cereals, oilseeds other than groundnuts, cereal and oilseed products other than groundnut products
B. Dried fruit and derived/processed products with the excep tion of dried figs
C. Dried figs and derived/processed products
D. Groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size and derived/processed 
products
E. Dried spices excep t dried spices with large particle size and powdered spices
F.Milk and milk products, infant formula, follow-on formula, foods for special medical purposes intended for 
infants and young children and young child formula
G. Coffee, coffee products, cocoa, cocoa products, liquor ice root and liquor ice products
H. Beverages
I. Solid processed fruit and veget able products
J. Baby foods and processed cereal-based food for infants and young children
K. Vegetable oils
L. Food supplements, pollen and pollen products
M. Dried herbs, herbal infusions (dried product), teas (dried product) and powdered spices
N. Very large lots or lots stored or transpor ted in a way whereby sampli ng throughout the lot is not feasibleOJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 7/44A. METHOD OF SAMPLING FOR CEREALS, OILSEEDS OTHER THAN GROUNDNUTS, CEREAL AND OILSEED PRODUCTS 
OTHER THAN GROUNDNUT PRODUCTS
A.1. Weight of the incremental sample
The weight of the incremental sample shall be about 100 g, unless other wise defined in this part and excep t for 
oilseeds or cereal grains for which 1 000 seeds/grains weigh less than 10 g (‘small particle oilseeds or cereal 
grains’)
For these small particle oilseeds or cereal grains the incremental sample shall be about 25 g.
In the case of lots in retail/individual packag es, the weight of the incremental sample shall depend on the weight 
of the retail/individual packag e.
In the case of retail/individual packag es of more than 100 g (or 25 g in the case of small particle oilseeds or cereal 
grains), this will result in aggregat e samples weighing more than the required weight indicated in tables 1 and 2 of 
point A.2. If the weight of a sing le retail/individual packa ge is much more (i.e. more than double) than 100 g (or 
25 g in the case of small particle oilseeds or cereal grains), 100 g (or 25 g in the case of small particle oilseeds or 
cereal grains) shall be taken from each retail/individual packag e as an incremental sample. This may be done either 
when the sample is taken or in the laboratory .
However , in cases where such method of sampli ng would lead to unaccep table commercial consequences 
resulting from damage to the lot (because of packag ing forms, means of transpor t, or other reasons), an 
alternative method of sampling may be applied. In particular , in case where a valuable product is mark eted 
in retail/individual packag es of 500 g or 1 kg, the aggregat e sample can be obtained by the aggrega tion of a 
number of incremental sam ples that is smaller than the number indicated in tables 1 and 2, on the condition that 
the weight of the aggregat e sample is equal to the required weight of the aggregat e sample mentioned in those 
tables.
Where the retail/individual packag es are less than 100 g (or 25 g in the case of small particle oilseeds or cereal 
grains) and if the diffe rence is not very large (i.e. not less than half of 100 g or 25 g) one retail/individual packag e 
is to be considered as one incremental sample, resulting in an aggregat e sample of less than the required weight 
indicate d in tables 1 and 2. If the weight of the retail/individual packag es are much less than 100 g (or 25 g in the 
case of small particle oilseeds or cereal grains), one incremental sample consists of two or more retail/individual 
packa ges, whereby the 100 g (or 25 g in the case of small particle oilseeds or cereal grains) are appro ximat ed as 
closely as possible.
A.2. General survey of the method of sampling for cereals, oilseeds other than groundnuts, cereal products 
and oilseed products, other than groundnut products
Table 1
Subdivision of lots into sublots depending on product and lot weight 
Commodity Lot weight (tonne)Weight or 
number of 
sublotsNo incremental 
samplesAggrega te sample weight 
(kg)
Cereals, oilseeds other 
than groundnuts, 
cereal products and 
oilseed products, other 
than groundnut 
products> 300 and < 1 500 3 sublots 100 10
2,5 for small particle 
oilseeds or cereal grains
≥ 100 and ≤ 300 100 tonnes 100 10
2,5 for small particle 
oilseeds or cereal grainsOJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 8/44< 100 — 3-100 (*) 1-10
0,25 – 2,5 for small 
particle oilseeds or cer
eal grains
(*)Depending on the lot weight – see Table 2 of Point A.4.
A.3. Method of sampling for cereals, oilseeds other than groundnuts, cereal products and oilseed products, 
other than groundnut products for lots ≥ 50 tonnes
— On condition that the sublot can be separated physically , each lot shall be subdivided into sublots according to 
Table 1. Taking into account that the weight of the lot is not alwa ys 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 case the lot is 
not or cannot be physically separated into sublots, a minimum of 100 incremental sam ples is taken from the 
lot. For lots > 500 tonnes, the number of incremental sam ples is provided for in point N.2.
— Each sublot shall be sampled separately .
— Number of incremental sample s: 100. Weight of the aggregat e sample = 10 kg (or 2,5 kg in the case of small 
particle cereals and oilseeds).
— If it is not possible to carry out the method of sampli ng set out in this point because of the unaccep table 
commercial consequences resulting from damage to the lot (because of packaging forms, means of transpor t, 
etc.) an alternative method of sampling may be applied provided that it is as representative as possible and is 
fully descr ibed and document ed. An altern ative method of sampling may also be applied in cases where it is 
practically impossible to apply the abov ementioned method of sam pling. This is the case where large lots of 
cereals are stored in warehouses or where cereals are stored in silos (2). The sampli ng of such lots shall be 
perf ormed in accordance with the rules set out in part N.
A.4. Method of sampling for cereals, oilseeds other than groundnuts, cereal products and oilseed products, 
other than groundnut products for lots < 50 tonnes
For lots of cereals, oilseeds other than groundnuts, cereal products and oilseed products, other than groundnut 
products less than 50 tonnes, the samp ling plan shall be used with 10 to 100 incremental samples, depending on 
the lot weight, resulting in an aggreg ate sample of 1 to 10 kg (or 0,25 – 2,5 kg in the case of small particle oilseeds 
or cereal grains). For very small lots (≤ 0,5 tonnes) a lower number of incremental samples may be take n, but the 
aggreg ate sam ple combining all incremental samples shall also be in that case at least 1 kg (or 0,25 kg in the case 
of small particle cereals and oilseeds) and for the deter mination of ergot sclerotia, at least 1 kg.
The figures in Table 2 shall be used to determine the number of incremental sample s to be take n.
Table 2
Number of incrementa l samples to be taken depending on the weight of the lot of cereals, oilseeds other 
than groundnuts, cereal products and oilseed products, other than groundnut products 
Lot weight (tonnes)Number of incremental 
samplesAggrega te sample 
weight(kg) (*)Aggreg ate sample 
weight(kg) (*)for small particle 
oilseeds or cereal grains
≤ 0,05 3 1 0,25
> 0,05 -≤ 0,5 5 1 0,25
(2)The samplin g of such lots shall be perfor med in accordance with the rules set out in part N. Guidance for sampli ng large lots shall be 
provi ded in a guidance document avai lable on the following website: https://f ood.ec.europa.eu/system/files/2016-10/cs_contami 
nants_sampl ing_guidance-sampling-final_en.pdfOJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 9/44> 0,5-≤ 1 10 1 0,25
> 1-≤ 3 20 2 0,5
> 3-≤ 10 40 4 1,0
> 10-≤ 20 60 6 1,5
> 20-≤ 100 100 10 2,5
(*)In case of control for the presence of ergot sclerotia, the aggrega te sample weight is at least 1 kg.
A.5. Sampling at retail stage
Sam pling of foodstuffs at the retail stage shall be done where possible in accordance with the sam pling provi sions 
set out in this part A.
Where that is not possible, an altern ative method of sam pling at retail stage may be applied provi ded that it 
ensures that the aggregat e sample is suffi ciently representative of the sample d lot and is fully descr ibed and 
document ed. In any case, the aggreg ate sam ple shall be at least 1 kg(3).
A.6. Accepta nce of a lot or sublot
Control of ergot sclerotia
From the aggregat e samp le, 2 subsam ples of at least 0,5 kg shall be taken for examination. One subsam ple shall be 
examined. In case the result of the subsam ples is equal or below 50 % (analytical threshold) of the maximum level, 
the sample is compl iant with the maximum level. If the result is above 50 % of the maximum level, another 
subsam ple needs to be examined and the average of the result of the 2 subsam ples is used for chec king 
compl iance with the maximum level. The followi ng outcomes shall be derived:
— accept ance if the first subsam ple contains less than 50 % of the maximum level of ergot sclerotia or if the 
average of two subsam ples conf orms to the maximum level;
— rejection if the averag e of two subsam ples exceeds the maximum level.
Control of mycoto xins
The followi ng outcomes shall be derived:
— accept ance if the laborat ory sample conf orms to the maximum level, taking into account the correction for 
reco very and measurement uncer tainty ;
— rejection if the laborat ory sample exceeds the maximum level beyond reasonable doubt taking into account 
the correction for recovery and measurement uncer tainty . This is the case when the analytical result 
(cor recte d for recovery if applicable) minus the expanded measurement uncer tainty arising from the analysis 
is abov e the maximum level.
B. METHOD OF SAM PLING FOR DRIED FRUIT AND DERIVED/PR OCESSED PRODUCTS WITH THE EXCEPTION OF DRIED 
FIGS
This method of sampling is of application for the official control of levels of mycoto xins in dried fruit 
and derived/processed products, with the excep tion of dried figs and derived/processed products (par t II.C of this 
Annex).
B.1. Weight of the incremental sample
The weight of the incremental sample shall be about 100 g, unless other wise defined in this part II.B
(3)In case the portion to be sampled is so small that it is impossible to obtain an aggreg ate sample of 1 kg, the aggregat e sample weight 
might be less than 1 kg.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 10/44In the case of lots in retail/individual packag es, the weight of the incremental sample depends on the weight of 
the retail/individual packag e.
In the case of retail/individual packag es of more than 100 g, this will result in aggreg ate samples weighing more 
than the required weight indicated in tables 1 and 2 of this part B. If the weight of a sing le retail/individual 
packa ge is much more (more than double) than 100 g, then 100 g shall be taken from each 
individual retail/individual packa ge as an incremental samp le. This can be done either when the sam ple is take n 
or in the laborat ory. Howe ver, in cases where such method of sampli ng would lead to unaccep table commercial 
consequences resulting from damage to the lot (because of packag ing forms, means of transpor t, etc.) then an 
alternative method of sampli ng can be applied. For exam ple, in case where a valuable product is mark eted 
in retail/individual packag es of 500 g or 1 kg, the aggregat e sample can be obtained by the aggrega tion of a 
number of incremental samples that is smaller than the number indicated in tables 1 and 2 of this part on the 
condition that the weight of the aggregat e sample corresponds to the required weight of the aggregat e sample 
mentioned in tables 1 and 2 of this part B.
Where the retail/individual packag es are less than 100 g and if the differ ence is not very large (i.e. not less than 
half of 100 g) one retail/individual packag e shall be considered as one incremental samp le, resulting in an 
aggreg ate sample of less than the required weight indicated in tables 1 and 2 of this part. If the weight of 
the retail/individual packag es are much less than 100 g, one incremental sample shall consist of two or 
more retail/individual packag es, whereby the 100 g are appro ximat ed as closely as possible.
B.2. General survey of the method of sampling dried fruit and derived/processed products, with the 
exception of figs
Table 1
Subdivision of lots into sublots depending on product and lot weight 
Commodity Lot weight (tonnes)Weight or number of 
sublotsNumber of 
incremental samplesAggreg ate sample 
weight (kg)
Dried fruit, excep t 
dried figs≥ 15 15-30tonnes 100 10
< 15 — 10-100 (*) 1-10
(*)Depending on the lot weight – see Table 2 of this part B
B.3. Method of sampling for dried fruit and derived/processed products (lots ≥ 15 tonnes), with the exception 
of dried figs
— On condition that the sublot can be separated physically , each lot shall be subdivided into sublots according to 
Table 1. Taking into account that the weight of the lot is not alwa ys an exact multiple of the weight of the 
sublots, the weight of the sublot may exceed the mentioned weight by a maximum of 20 %.
— Each sublot shall be sampled separately .
— Number of incremental sample s: 100. Weight of the aggregat e sample = 10 kg.
— If it is not possible to carry out the method of sampli ng descr ibed abov e because of the commercial 
consequences resulting from damage to the lot (because of packaging forms, means of transpor t, etc.) an 
alternative method of sampling may be applied provi ded that it is as representative as possible and is fully 
descr ibed and documented .
B.4. Method of sampling for dried fruit and derived/processed products (lots < 15 tonnes), with the exception 
of dried figs
For dried fruit lots, with the excep tion of figs, under 15 tonnes the sampling plan shall be used with 10 to 100 
incremental samples, depending on the lot weight, resulting in an aggregat e sample of 1 to 10 kg.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 11/44The figures in the followi ng table can be used to determine the number of incremental samples to be taken.
Table 2
Number of incrementa l samples to be taken depending on the weight of the lot of dried fruit and 
derived/processed products except dried figs 
Lot weight (tonnes) Number of incremental samples Aggreg ate sampl e weight (kg)
≤ 0,1 10 1
> 0,1-≤ 0,2 15 1,5
> 0,2-≤ 0,5 20 2
> 0,5-≤ 1,0 30 3
> 1,0-≤ 2,0 40 4
> 2,0-≤ 5,0 60 6
> 5,0-≤ 10,0 80 8
> 10,0 -≤ 15,0 100 10
B.5. Sampling at retail stage
Sam pling of foodstuffs at the retail stage shall be done where possible in accordance with the sam pling provi sions 
set out in this part B.
Where that is not possible, another alternati ve method of sampling at retail stage may be used provid ed that it 
ensures that the aggregat e sample is suffi ciently representative of the sample d lot and is fully descr ibed and 
document ed. In any case, the aggreg ate sam ple shall be at least 1 kg(4).
B.6. Specif ic sampling provisions for dried fruit and derived/processed products with the exception of dried 
figs traded in vacuum packa ges
For lots equal to or more than 15 tonnes at least 25 incremental sam ples resulting in a 10 kg aggreg ate sample 
shall be taken and for lots less than 15 tonnes, 25 % of the number of incremental samples mentioned in Table 2 
of point B.4 shall be taken resulting in an aggregat e sam ple of which the weight corresponds to the weight of the 
sam pled lot (see Table 2 of point B.4).
B.7. Accepta nce of a lot or sublot
The followi ng outcomes shall be derived:
— accept ance if the laborat ory sample conf orms to the maximum level, taking into account the correction for 
reco very and measurement uncer tainty ;
— rejection if the laborat ory sample exceeds the maximum level beyond reasonable doubt taking into account 
the correction for recovery and measurement uncer tainty . This is the case when the analytical result 
(cor recte d for recovery if applicable) minus the expanded measurement uncer tainty arising from the analysis 
is abov e the maximum level.
C. METHOD OF SAM PLING FOR DRIED FIGS AND DERIVED/PR OCESSED PRODUCTS
C.1. Weight of the incremental sample
The weight of the incremental sample shall be about 300 g, unless other wise defined in part II.C.
(4)In case the portion to be sampled is so small that it is impossible to obtain an aggreg ate sample of 1 kg, the aggregat e sample weight 
might be less than 1 kg.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 12/44In the case of lots in retail/individual packag es, the weight of the incremental sample depends on the weight of 
the retail/individual packag e.
In the case of retail/individual packag es of more than 300 g, this will result in aggreg ate samples weighing more 
than the required weight indicated in tables 1, 2 and 3. If the weight of a sing le retail/individual packag e is much 
more (i.e. more than double) than 300 g, then 300 g shall be taken from each individual retail/individual packag e 
as an incremental sam ple. This can be done either when the sam ple is taken or in the laborat ory. Howe ver, in 
cases where such method of sam pling would lead to unacceptable commercial consequences resulting from 
damag e to the lot (because of packaging forms, means of transpor t, etc.), then an alternati ve method of samp ling 
can be applied. For example, in case where a valuable product is market ed in retail/individual packag es of 500 g or 
1 kg, the aggregat e sam ple can be obtained by the aggregat ion of a number of incremental samples that is smaller 
than the number indicated in tables 1, 2 and 3, on the condition that the weight of the aggregat e sample 
corresponds to the required weight of the aggregat e sample mentioned in tables 1, 2 and 3.
Where the retail/individual packag es are less than 300 g and if the differ ence is not very large (i.e. not less than 
half of 300 g) one retail/individual packag e shall be considered as one incremental samp le, resulting in an 
aggreg ate sample of less than the required weight indicated in tables 1, 2 and 3. If the weight of 
the retail/individual packag es are much less than 300 g, one incremental sample shall consist of two or 
more retail/individual packag es, whereby the 300 g are appro ximat ed as closely as possible.
C.2. General survey of the method of sampling for dried figs
Table 1
Subdivision of lots into sublots depending on product and lot weight 
Commodity Lot weight (tonne)Weight or number of 
sublotsNo incremental 
samplesAggreg ate sample 
weight (kg)
Dried figs ≥ 15 15-30tonnes 100 30
< 15 — 10-100 (*) ≤ 30
(*)Depending on the lot weight – see Table 2 of this part C
C.3. Method of sampling for dried figs (lots ≥ 15 tonnes)
— On condition that the sublot can be separated physically , each lot shall be subdivided into sublots according to 
Table 1. Taking into account that the weight of the lot is not alwa ys an exact multiple of the weight of the 
sublots, the weight of the sublot may exceed the mentioned weight by a maximum of 20 %.
— Each sublot shall be sampled separately .
— Number of incremental sample s: 100
— Weight of the aggreg ate sample = 30 kg, whic h shall be mixed and divided into three equal laboratory sam ples 
of 10 kg before grinding (this division into three laboratory samples is not necessar y in case of dried figs 
subjecte d to further sorting or other physical treatment and availability of equipment whic h is able to 
homog enise a 30 kg sample).
— Each laboratory sample of 10 kg shall be separately ground finely and mixe d thoroughly to achieve compl ete 
homog enisation, in accordance with the provisions laid down in Annex II.
— If it is not possible to carry out the method of sam pling descr ibed abov e because of the unaccep table 
commercial consequences resulting from damage to the lot (because of packaging forms, means of transpor t, 
etc.) an alternati ve method of sam pling may be applied provi ded that it is as representative as possible and 
fully descr ibed and document ed.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 13/44C.4. Method of sampling for dried figs (lots < 15 tonnes)
The number of incremental sam ples to be take n depends on the weight of the lot, with a minimum of 10 and a 
maximum of 100.
The figures in the following Table 2 may be used to determine the number of incremental samples to be taken and 
the subsequent division of the aggregat e sample.
Table 2
Number of incremental samples to be taken depending on the weight of the lot and number of 
subdivisions of the aggregate sample 
Lot weight (tonnes)No of incremental samples
(for retail/individual 
packag es see also 
point C.1)Aggregat e sample weight 
(kg) (in case of 
retail/individual packag es, 
weight of aggregat e sample 
can diverge – see point C.1)No of laboratory samples from 
aggreg ate sample
≤ 0,1 10 3 1(no division)
> 0,1 – ≤ 0,2 15 4,5 1(no division)
> 0,2 – ≤ 0,5 20 6 1(no division)
> 0,5 – ≤ 1,0 30 9(- < 12kg) 1(no division)
> 1,0 – ≤ 2,0 40 12 2
> 2,0 – ≤ 5,0 60 18(- < 24kg) 2
> 5,0 – ≤ 10,0 80 24 3
> 10,0 – ≤ 15,0 100 30 3
— Weight of the aggreg ate samp le ≤ 30 kg whic h shall be mixed and divided into two or three equal laboratory 
sam ples of ≤ 10 kg before grinding (this division into two or three laborat ory samples is not necessar y in 
case of dried figs, subjected to further sorting or other physical treatment and availability of equipment 
whic h is able to homog enise up to 30 kg samples).
In cases where the aggregat e sample weights are less than 30 kg, the aggregat e sample shall be divided into 
laborat ory samples according to the following guidance:
— < 12 kg: no division into laboratory samples;
— ≥ 12 – < 24 kg: division into two laboratory sample s;
— ≥ 24 kg: division into three laborat ory samples.
— Each laborat ory sample shall be separately ground finely and mixe d thoroughly to achieve compl ete 
homog enisation, in accordance with the provisions laid down in Annex II.
— If it is not possible to carry out the method of sampling descr ibed in the previous indent, because of the 
unaccep table commercial consequences resulting from damag e to the lot (because of packag ing forms, means 
of transpor t, etc.) an alternati ve method of sampling may be applied provid ed that it is as representative as 
possible and fully descr ibed and documente d.
C.5. Method of sampling for derived/processed products and compound foods
C.5.1. Derived/processed products with very small particle size (homoge neous distr ibution of myco toxin contamination)
— In man y cases, lots of fig pastes have no homogenous distr ibution of mycotoxin contamination and theref ore 
in the case of fig past e, the method of sampli ng and acceptance as for dried figs (under points C.3 and C.4) 
shall be applied.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 14/44— Number of incremental sam ples: 100. For lots of under 50 tons the number of incremental sam ples shall be 
10 to 100, depending on the lot weight (see following Table 3).
Table 3
Number of incremental samples to be taken depending on the weight of the lot 
Lot weight (tonnes) No of incremental samples Aggreg ate sampl e weight (kg)
≤ 1 10 1
> 1– ≤ 3 20 2
> 3– ≤ 10 40 4
> 10– ≤ 20 60 6
> 20– ≤ 50 100 10
— The weight of the incremental sample shall be about 100 g. In the case of lots in retail/individual pack ages, the 
weight of the incremental sample depends on the weight of the retail/individual packag e.
— Weight of aggregat e sam ple = 1-10 kg suffi ciently mixed.
C.5.2. Other derived/pr ocessed products with a relatively large particle size (heter ogeneous distr ibution of myco toxin contamination)
Method of sampling and acceptance as for dried figs (points C.3 and C.4).
C.6. Sampling at retail stage
Sam pling of foodstuffs at the retail stage shall be done where possible in accordance with the sam pling provi sions 
set out in this part C.
Where that is not possible, other effective methods of sampli ng at retail stage may be used provi ded that they 
ensure that the aggreg ate sam ple is suffi ciently representative of the sampled lot and fully descr ibed and 
document ed. In any case, the aggreg ate sam ple shall be at least 1 kg(5).
C.7. Specif ic method of sampling of dried figs and derived/processed products traded in vacuum packages
C.7.1. Dried figs
For lots equal to or more than 15 tonnes, at least 50 incremental samples resulting in a 30 kg aggregat e sample 
shall be taken, and for lots of less than 15 tonnes, 50 % of the number of incremental samp les mentioned in 
Table 2 shall be taken resulting in an aggreg ate sample of whic h the weight corresponds to the weight of the 
sam pled lot (see Table 2).
C.7.2. Products derived/pr ocessed from dried figs with small particle size
For lots equal to or more than 50 tonnes, at least 25 incremental samples resulting in a 10 kg aggregat e sample 
shall be taken and for lots less than 50 tonnes, 25 % of the number of incremental samples mentioned in Table 3 
shall be taken resulting in an aggregat e sam ple of whic h the weight corresponds to the weight of the sam pled lot 
(see Table 3).
C.8. Accepta nce of a lot or sublot
The followi ng outcomes shall be derived:
(5)In case the portion to be sampled is so small that it is impossible to obtain an aggreg ate sample of 1 kg, the aggregat e sample weight 
might be less than 1 kg.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 15/44For dried figs:
— accept ance if none of the laborat ory sam ples excee ds the maximum level, taking into account the correction 
for recovery and measurement uncer tainty ;
— rejection if one or more of the laborat ory samples excee d(s) the maximum level beyond reasonable doubt 
taking into account the correction for recovery and measurement uncer tainty . This is the case when the 
analytical result (cor rected for recovery if applicable) minus the expanded measurement uncer tainty arising 
from the analysis is above the maximum level.
In cases where the aggreg ate sam ple is 12 kg or less
— accept ance if the laborat ory sample conf orms to the maximum level, taking into account the correction for 
reco very and measurement uncer tainty ,
— rejection if the laborat ory sample exceeds the maximum level beyond reasonable doubt taking into account 
the correction for recovery and measurement uncer tainty . This is the case when the analytical result 
(cor recte d for recovery if applicable) minus the expanded measurement uncer tainty arising from the analysis 
is abov e the maximum level.
D. METHOD OF SAM PLING FOR GROUNDNUTS (PEANUTS), APRICOT KERNELS, TREE NUTS AND DRIED SPICES WITH 
LARGE PARTICLE SIZE AND DERIVED/PR OCESSED PRODUCTS
This method of sampling is of application for the official control of the levels of mycoto xins in groundnuts 
(peanuts), apricot kernels, tree nuts and dried spices with large particle size and derived/processed products. This 
method of sampling is also of application for the official control of the level of mycoto xins in spices with a 
relatively large particle size, i.e. particle size compar able with peanuts or larger such as nutmeg.
D.1. Weight of the incremental sample
The weight of the incremental sample shall be about 200 g, unless other wise defined in this part D.
In the case of lots in retail/individual packag es, the weight of the incremental sample depends on the weight of 
the retail/individual packag e.
In the case of retail/individual packag es of more than 200 g, this will result in aggreg ate samples weighing more 
than the required weight indicated in tables 1, 2 and 3. If the weight of a sing le retail/individual packag e is much 
more than 200 g, then 200 g shall be take n from each individual retail/individual packag e as an incremental 
sam ple. This can be done either when the sample is taken or in the laboratory . However , in cases where such 
method of sam pling would lead to unaccep table commercial consequences resulting from damage to the lot 
(because of packag ing forms, means of transpor t, etc.), then an alternati ve method of sampli ng can be applied. 
For example, in case where a valuable product is mark eted in retail/individual packag es of 500 g or 1 kg, the 
aggreg ate sample can be obtained by the aggreg ation of a number of incremental samples that is smaller than the 
number indicated in tables 1, 2 and 3, on the condition that the weight of the aggregat e sample corresponds to 
the required weight of the aggregat e sample mentioned in tables 1, 2 and 3.
Where the retail/individual packag es are less than 200 g and if the differ ence is not very large (i.e. not less than 
half of 200 g), one retail/individual packag e shall be considered as one incremental sam ple, resulting in an 
aggreg ate sample of less than the required weight indicated in tables 1, 2 and 3. If the weight of 
the retail/individual packag es are much less than 200 g, one incremental sample shall consist of two or 
more retail/individual packag es, whereby the 200 g are appro ximat ed as closely as possible.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 16/44D.2. General survey of the method of sampling for groundnuts (peanuts), apricot kernels, tree nuts and dried 
spices with large particle size
Table 1
Subdivision of lots into sublots depending on product and lot weight 
Commodity Lot weight (tonne)Weight or number of 
sublotsNo incremental 
samplesAggreg ate sample 
weight (kg)
Groundnuts 
(peanuts), apricot 
kernels, tree nuts and 
dried spices with 
large particle size≥ 500 100 tonnes 100 20
> 125 and < 500 5sublots 100 20
≥ 15and ≤ 125 25tonnes 100 20
< 15 — 10-100 (*) ≤ 20
(*)Depending on the lot weight – see Table 2 of this part D.
D.3. Method of sampling for groundnuts (peanuts), apricot kern els, tree nuts and dried spices with large 
particle size (lots ≥ 15 tonnes)
— On condition that the sublot can be separate d physically , each lot shall be subdivided into sublots following 
Table 1. Taking into account that the weight of the lot is not alwa ys an exact multiple of the weight of the 
sublots, the weight of the sublot may exceed the mentioned weight by a maximum of 20 %.
— Each sublot shall be sampled separately .
— Number of incremental sample s: 100.
— Weight of the aggregat e sam ple = 20 kg whic h shall be mixed and divided into two equal laboratory samples 
of 10 kg before grinding (this division into two laborat ory sam ples is not necessar y in case of groundnuts 
(peanuts), apricot kernels, tree nuts and dried spices with large particle size subjected to further sorting or 
other physical treatment and of the availability of equipment which is able to homogenise a 20 kg sample ).
— Each laboratory sample of 10 kg shall be separately ground finely and mixe d thoroughly to achieve compl ete 
homog enisation, in accordance with the provisions laid down in Annex II.
— If it is not possible to carry out the method of sampli ng descr ibed abov e because of the commercial 
consequences resulting from damage to the lot (because of packaging forms, means of transpor t, etc.) an 
alternative method of sampling may be applied provi ded that it is as representative as possible and is fully 
descr ibed and documented .
D.4. Method of sampling for groundnuts (peanuts), apricot kern els, tree nuts and dried spices with large 
particle size (lots < 15 tonnes)
The number of incremental sam ples to be take n depends on the weight of the lot, with a minimum of 10 and a 
maximum of 100.
The figures in the following Table 2 may be used to determine the number of incremental samples to be taken and 
the subsequent division of the aggregat e sample.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 17/44Table 2
Number of incremental samples to be taken depending on the weight of the lot and number of 
subdivisions of the aggregate sample 
Lot weight (tonnes)No of incremental samples
(for retail/individual 
packag es see also 
point D.1)Aggregat e sample weight 
(kg) (in case of 
retail/individual packag es, 
weight of aggregat e sample 
can diverge – see point D.1)No of laboratory samples from 
aggreg ate sample
≤ 0,1 10 2 1(no division)
> 0,1 – ≤ 0,2 15 3 1(no division)
> 0,2 – ≤ 0,5 20 4 1(no division)
> 0,5 – ≤ 1,0 30 6 1(no division)
> 1,0 – ≤ 2,0 40 8(- < 12kg) 1(no division)
> 2,0 – ≤ 5,0 60 12 2
> 5,0 – ≤ 10,0 80 16 2
> 10,0 – ≤ 15,0 100 20 2
— Weight of the aggreg ate sample ≤ 20 kg which shall be mixed and if necessar y divided into two equal 
laborat ory samples of ≤ 10 kg before grinding (this division into two laboratory samples is not necessar y in 
case of groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size subjected to 
further sorting or other physical treatment and of the availability of equipment which is able to homog enise 
up to 20 kg samples).
— In cases where the aggregat e sample weights are less than 20 kg, the aggregat e sample shall be divided into 
laborat ory samples according to following guidance:
— < 12 kg: no division into laboratory samples;
— ≥ 12 kg: division into two laboratory sample s.
— Each laborat ory sample shall be separately ground finely and mixe d thoroughly to achieve compl ete 
homog enisation, in accordance with the provisions laid down in Annex II.
— If it is not possible to carry out the method of sam pling descr ibed abov e because of the unaccep table 
commercial consequences resulting from damage to the lot (because of packaging forms, means of transpor t, 
etc.) an alternative method of sampling may be applied provided that it is as representative as possible and is 
fully descr ibed and document ed.
D.5. Method of sampling for derived/processed products, with the exception of veget able oil, and compound 
foods
D.5.1. Derived/processed products (other than vegetable oil) with small particle size, i.e. flour, peanut butter (homog eneous 
distr ibution of mycoto xin contamination) and compound foods
— Number of incremental sam ples: 100; for lots of under 50 tons the number of incremental samples shall be 
10 to 100, depending on the lot weight (see Table 3),OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 18/44Table 3
Number of incremental samples to be taken depending on the weight of the lot 
Lot weight (tonnes) No of incremental samples Aggreg ate sampl e weight (kg)
≤ 1 10 1
> 1– ≤ 3 20 2
> 3– ≤ 10 40 4
> 10– ≤ 20 60 6
> 20– ≤ 50 100 10
— The weight of the incremental sample shall be about 100 g. In the case of lots in retail/individual pack ages, the 
weight of the incremental sample depends on the weight of the retail/individual packag e,
— Weight of aggregat e sam ple = 1-10 kg suffi ciently mixed,
D.5.2. Derived/processed products with a relativ ely large particle size (heter ogeneous distr ibution of mycotoxin contamination) and 
compound foods
Method of sam pling and acceptance as for groundnuts (peanuts), apricot kernels, tree nuts and spices with large 
particle size (points D.3 and D.4).
D.6. Sampling at retail stage
Sam pling of foodstuffs at the retail stage shall be done where possible in accordance with the sam pling provi sions 
set out in this part D.
Where that is not possible, other effective methods of sampli ng at retail stage may be used provi ded that they 
ensure that the aggreg ate sample is suffi ciently representative of the sampled lot and is fully descr ibed and 
document ed. In any case, the aggreg ate sam ple shall be at least 1 kg(6).
D.7. Specif ic method of sampling for groundnuts (peanuts), apricot kern els, tree nuts and dried spices with 
large particle size and derived/processed products traded in vacuum packa ges
D.7.1. Pistachios, groundnuts (peanuts), Brazil nuts
For lots equal to or more than 15 tonnes at least 50 incremental sam ples resulting in a 20 kg aggreg ate sample 
shall be taken and for lots of less than 15 tonnes, 50 % of the number of incremental sample s mentioned in Table 
2 shall be taken resulting in an aggregat e sample of whic h the weight corresponds to the weight of the sampled lot 
(see Table 2).
D.7.2. Apricot kernels, tree nuts other than pistachios and Brazil nuts, dried spices with large particle size
For lots equal to or more than 15 tonnes at least 25 incremental sam ples resulting in a 20 kg aggreg ate sample 
shall be taken and for lots less than 15 tonnes, 25 % of the number of incremental samples mentioned in Table 2 
shall be taken resulting in an aggregat e sam ple of whic h the weight corresponds to the weight of the sam pled lot 
(see Table 2).
D.7.3. Products derived/pr ocessed from groundnuts (peanuts), apricot kernels, tree nuts and dried spices with large particle size
(6)In case the portion to be sampled is so small that it is impossible to obtain an aggreg ate sample of 1 kg, the aggregat e sample weight 
might be less than 1 kg.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 19/44For lots equal to or more than 50 tonnes at least 25 incremental sam ples resulting in a 10 kg aggreg ate sample 
shall be taken and for lots less than 50 tonnes, 25 % of the number of incremental samples mentioned in Table 3 
shall be taken resulting in an aggregat e sam ple of whic h the weight corresponds to the weight of the sam pled lot 
(see Table 3).
D.8. Accepta nce of a lot or sublot
For groundnuts (peanuts), apricot kern els and tree nuts subjected to a sorting or other physical treatment:
— accept ance if the aggregat e sam ple or the averag e of the laboratory sample s conf orms to the maximum level, 
taking into account the correction for reco very and measurement uncer tainty ,
— rejection if the aggregat e sam ple or the averag e of the laborat ory sam ples exceed s the maximum level beyond 
reasonable doubt taking into account the correction for recovery and measurement uncer tainty . This is the 
case when the analytical result (cor rected for recovery if applicable) minus the expanded measurement 
uncer tainty arising from the analysis is above the maximum level.
For groundnuts (peanuts), apricot kern els, tree nuts and dried spices with large particle size placed on the mark et 
for the final consumer or for use as ingredient in foods
— accept ance if none of the laborat ory sam ples excee ds the maximum level, taking into account the correction 
for recovery and measurement uncer tainty ,
— rejection if one or both of the laborat ory samples exceeds the maximum level beyond reasonable doubt taking 
into account the correction for recovery and measurement uncer tainty . This is the case when the analytical 
result (cor rected for recovery if applicable) minus the expanded measurement uncer tainty arising from the 
analysis is abov e the maximum level.
In cases where the aggreg ate sam ple is 12 kg or less:
— accept ance if the laborat ory sample conf orms to the maximum level, taking into account the correction for 
reco very and measurement uncer tainty ,
— rejection if the laborat ory sample exceeds the maximum level beyond reasonable doubt taking into account 
the correction for recovery and measurement uncer tainty . This is the case when the analytical result 
(cor recte d for recovery if applicable) minus the expanded measurement uncer tainty arising from the analysis 
is abov e the maximum level.
E. METHOD OF SAM PLING FOR DRIED SPICES EXCEPT DRIED SPICES WITH LARGE PARTI CLE SIZE AND POWDERED SPICES
This method of sampli ng is of application for the official control of the levels of mycotoxins in spices. Howe ver, 
dried spices with a relatively large particle size, i.e. particle size compara ble with peanuts or larger such as 
nutmeg with heterogeneous distr ibution of mycotoxin contamination, the method of sampling provided in part 
D of this Annex shall apply . For powdered spices (spices in powder), the method of sampli ng provi ded in part M 
of this Annex shall be applied.
E.1. Weight of the incremental sample
The weight of the incremental sample shall be about 100 g, unless other wise defined in this part E.
In the case of lots in retail/individual packag es, the weight of the incremental sample depends on the weight of 
the retail/individual packag e.
In the case of retail/individual packag es of > 100 g, this will result in aggregat e samples weighing more than the 
required weight indicated in tables 1 and 2. If the weight of a sing le retail/individual packag e is >> 100 g, then 
100 g shall be taken from each individual retail/individual packag e as an incremental sample. This can be done 
either when the sam ple is take n or in the laboratory . However , in cases where such method of sampling would 
lead to unaccep table commercial consequences resulting from damage to the lot (because of packag ing forms, 
means of transpor t, etc.), then an alternati ve method of sampli ng can be applied. For exam ple, in case where a OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 20/44valuable product is market ed in retail/individual packag es of 500 g or 1 kg, the aggregat e sample can be obtained 
by the aggregation of a number of incremental sample s that is smaller than the number indicated in tables 1 
and 2, on the condition that the weight of the aggregat e sample corresponds to the required weight of the 
aggreg ate sam ple mentioned in tables 1 and 2.
Where the retail/individual packag es are less than 100 g and if the differ ence is not very large (i.e. not less than 
half of 100 g), one retail/individual packag e shall be considered as one incremental sam ple, resulting in an 
aggreg ate sample of less than the required weight indicated in tables 1 and 2. If the weight of the retail/individual 
packa ges are much less than 100 g, one incremental sample shall consist of two or more retail/individual 
packa ges, whereby the 100 g are appro ximated as closely as possible.
E.2. General survey of the method of sampling for dried spices except dried spices with large particle size 
and powdered spices.
Table 1
Subdivision of lots into sublots depending on product and lot weight 
Commodity Lot weight (tonnes)Weight or number of 
sublotsNumber of 
incremental samplesAggreg ate sample 
weight (kg)
Dried spices ≥ 15 25tonnes 100 10
< 15 — 5-100 (*) 0,5-10
(*)Depending on the lot weight – see Table 2 of this part E.
E.3. Method of sampling for dried spices except dried spices with large particle size and powdered spices 
(lots ≥ 15 tonnes).
— On condition that the sublot can be separate d physically , each lot shall be subdivided into sublots following 
Table 1. Taking into account that the weight of the lot is not alwa ys an exact multiple of the weight of the 
sublots, the weight of the sublot may exceed the mentioned weight by a maximum of 20 %.
— Each sublot shall be sampled separately .
— Number of incremental sample s: 100. Weight of the aggregat e sample = 10 kg.
— If it is not possible to carry out the method of sam pling descr ibed abov e because of the unaccep table 
commercial consequences resulting from damage to the lot (because of packaging forms, means of transpor t, 
etc.) an alternative method of sampling may be applied provided that it is as representative as possible and is 
fully descr ibed and document ed.
E.4. Method of sampling for dried spices except dried spices with large particle size and powdered spices 
(lots < 15 tonnes)
For lots of dried spices less than 15 tonnes the sampli ng plan shall be used with 5 to 100 incremental sam ples, 
depending on the lot weight, resulting in an aggrega te sample of 0,5 to 10 kg.
The figures in the followi ng Table 2 can be used to determine the number of incremental sam ples to be take n.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 21/44Table 2
Number of incremental samples to be taken depending on the weight of the lot of dried spices 
Lot weight (tonnes) Number of incremental samples Aggreg ate sampl e weight (kg)
≤ 0,01 5 0,5
> 0,01 -≤ 0,1 10 1
> 0,1-≤ 0,2 15 1,5
> 0,2-≤ 0,5 20 2
> 0,5-≤ 1,0 30 3
> 1,0-≤ 2,0 40 4
> 2,0-≤ 5,0 60 6
> 5,0-≤ 10,0 80 8
> 10,0 -≤ 15,0 100 10
E.5. Sampling at retail stage
Sam pling of foodstuffs at the retail stage shall be done where possible in accordance with the sam pling provi sions 
set out in this part E.
Where that is not possible, an alternati ve method of sampli ng at retail stage may be used provid ed that it ensures 
that the aggregat e sample is suffic iently representative of the sampled lot and is fully descr ibed and documented . 
In any case, the aggregat e sample shall be at least 0,5 kg(7).
E.6. Specif ic method of sampling for dried spices except dried spices with large particle size and powdered 
spices traded in vacuum packa ges
For lots equal to or more than 15 tonnes at least 25 incremental sam ples resulting in a 10 kg aggreg ate sample 
shall be taken and for lots less than 15 tonnes, 25 % of the number of incremental samples mentioned in Table 2 
shall be taken resulting in an aggregat e sam ple of whic h the weight corresponds to the weight of the sam pled lot 
(see Table 2).
E.7. Accepta nce of a lot or sublot
— accept ance if the laborat ory sample conf orms to the maximum level, taking into account the correction for 
reco very and measurement uncer tainty ;
— rejection if the laborat ory sample exceeds the maximum level beyond reasonable doubt taking into account 
the correction for recovery and measurement uncer tainty . This is the case when the analytical result 
(cor recte d for recovery if applicable) minus the expanded measurement uncer tainty arising from the analysis 
is abov e the maximum level.
F. METHOD OF SAM PLING FOR MILK AND MILK PRODUCTS; INFANT FORMUL A, FOLL OW-ON FORMUL A, FOODS FOR 
SPECIAL MEDICAL PURPOSES INTENDED FOR INFANTS AND YOUNG CHIL DREN AND YOUNG CHILD FORMUL A
F.1. Method of sampling for milk, milk products, infant formula, follow-on formula, foods for special medical 
pur poses intended for infants and young children and young child formula.
The aggregat e sample shall be at least 1 kg or 1 litre excep t where it is not possible e.g. when the sample consists 
of one bottle.
(7)In case the portion to be sampled is so small that it is impossible to obtain an aggregat e sample of 0,5 kg, the aggregat e sample weight 
might be less than 0,5 kg.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 22/44The minimum number of incremental samples to be take n from the lot shall be as given in Table 1. The number of 
incremental samples determi ned is function of the usual form in which the products concer ned are 
commercialised. In the case of bulk liquid products, the lot shall be thoroughly mixed insofar as possible and 
insof ar it does not affect the quality of the product, by either manual or mech anical means immediately prior to 
sam pling. In this case, a homog eneous distr ibution of mycoto xins is assumed within a given lot. It is theref ore 
sufficient to take three incremental sam ples from a lot to form the aggregat e sample.
The incremental samples , which might frequently be a bottle or a packag e, shall be of similar weight. The weight 
of an incremental sample shall be at least 100 g, resulting in an aggregat e sample of at least about 1 kg or 1 litre. 
Depar ture from this method shall be recorded in the record provid ed for under part I point A.1.8 of this Annex.
Table 1
Minimum number of incrementa l samples to be taken from the lot 
Form of commercialisationVolume or weight of lot (in 
litre or kg)Minimum number of 
incremental samples to be 
takenMinimum volume or weight of 
aggregat e sample (in litre or 
kg)
Bulk — 3-5 1
Bottles/pac kages ≤ 50 3 1
Bottles/pac kages 50to 500 5 1
Bottles/pac kages > 500 10 1
F.2. Sampling at retail stage
Sam pling of foodstuffs at the retail stage shall be done where possible in accordance with the sam pling provi sions 
set out in this part F.
Where that is not possible, an alternati ve method of sampli ng at retail stage may be used provid ed that it ensures 
that the aggreg ate sam ple is suffi ciently representative of the sampled lot and is fully descr ibed and 
document ed(8).
F.3. Accepta nce of a lot or sublot
— accept ance if the laborat ory sample conf orms to the maximum level, taking into account the correction for 
reco very and measurement uncer tainty ;
— rejection if the laborat ory sample exceeds the maximum level beyond reasonable doubt taking into account 
the correction for recovery and measurement uncer tainty . This is the case when the analytical result 
(cor recte d for recovery if applicable) minus the expanded measurement uncer tainty arising from the analysis 
is abov e the maximum level.
G. METHOD OF SAM PLING FOR COFFEE, COFFEE PRODUCTS, COC OA, COC OA PRODUCTS, LIQUORICE ROOT AND 
LIQUORICE PRODUCTS
This method of sampling is of application for the official control of levels of mycoto xins in coffee, coffee 
products, cocoa, cocoa products, liquor ice root and liquor ice products. As regards coffee , coffee products, cocoa 
and cocoa products the method of sam pling provided in this part G is applicable to solid (dried) products. For 
beverag es (liquid), the method of sampli ng provid ed in part H is applicable.
G.1. Weight of the incremental sample
The weight of the incremental sample shall be about 100 g, unless other wise defined in this part G.
In the case of lots in retail/individual packag es, the weight of the incremental sample shall depend on the weight 
of the retail/individual packag e.
(8)In case the portion to be sampled is so small that it is impossible to obtain an aggreg ate sample of 1 kg, the aggregat e sample weight 
might be less than 1 kg.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 23/44In the case of retail/individual packag es of more than 100 g, this will result in aggreg ate samples weighing more 
than the required weight indicate d in tables 1 and 2. If the weight of a sing le retail/individual packag e is much 
more than 100 g, then 100 g shall be take n from each individual retail/individual packag e as an incremental 
sam ple. This can be done either when the sample is taken or in the laboratory . However , in cases where such 
method of sam pling would lead to unaccep table commercial consequences resulting from damage to the lot 
(because of packag ing forms, means of transpor t, etc.), then an alternati ve method of sampli ng can be applied. 
For example, in case where a valuable product is mark eted in retail/individual packag es of 500 g or 1 kg, the 
aggreg ate sample can be obtained by the aggreg ation of a number of incremental samples that is smaller than the 
number indicate d in tables 1 and 2, on the condition that the weight of the aggregat e sample corresponds to the 
required weight of the aggregat e sample mentioned in tables 1 and 2.
Where the retail/individual packag es are less than 100 g and if the differ ence is not very large (i.e. not less than 
half of 100 g), one retail/individual packag e shall be considered as one incremental sam ple, resulting in an 
aggreg ate sample of less than the required weight indicated in tables 1 and 2. If the weight of the retail/individual 
packa ges are much less than 100 g, one incremental sample shall consist of two or more retail/individual 
packa ges, whereby the 100 g are appro ximated as closely as possible.
G.2. General survey of the method of sampling for coffee, coffee products, cocoa, cocoa products, liquor ice 
root and liquor ice products
Table 1
Subdivision of lots into sublots depending on product and lot weight 
CommodityLot weight 
(ton)Weight or number of 
sublotsNo 
incremental 
samplesAggregat e 
sample weight 
(kg)
Coffee , coffe e products, cocoa, cocoa 
products, liquor ice root and liquor ice 
products≥ 15 15-30tonnes 100 10
< 15 — 10-100 (*) 1-10
(*)Depending on the lot weight – see Table 2 of this part G.
G.3. Method of sampling for coffee, coffee products, cocoa, cocoa products, liquor ice root and liquor ice 
products (lots ≥ 15 tonnes)
— On condition that the sublot can be separate d physically , each lot shall be subdivided into sublots following 
Table 1. Taking into account that the weight of the lot is not alwa ys an exact multiple of the weight of the 
sublots, the weight of the sublot may vary from the mentioned weight by a maximum of 20 %.
— Each sublot shall be sampled separately ,
— Number of incremental sample s: 100,
— Weight of the aggrega te sample = 10 kg,
— If it is not possible to carry out the method of sam pling descr ibed abov e because of the unaccep table 
commercial consequences resulting from damage to the lot (because of packaging forms, means of transpor t, 
etc.) an alternative method of sampling may be applied provided that it is as representative as possible and is 
fully descr ibed and document ed.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 24/44G.4. Method of sampling for coffee, coffee products, cocoa, cocoa products, liquor ice root and liquor ice 
products (lots < 15 tonnes)
For coffee , coffee products, cocoa, cocoa products, liquor ice root and liquor ice products under 15 tonnes the 
sam pling plan shall be used with 10 to 100 incremental sam ples, depending on the lot weight, resulting in an 
aggreg ate sam ple of 1 to 10 kg.
The figures in the followi ng Table 2 can be used to determine the number of incremental sam ples to be take n.
Table 2
Number of incremental samples to be taken depending on the weight of the lot of coffee, coffee products, cocoa, 
cocoa products, liquor ice root and liquor ice products 
Lot weight (tonnes) No of incremental samples Aggreg ate sampl e weight (kg)
≤ 0,1 10 1
> 0,1 – ≤ 0,2 15 1,5
> 0,2 – ≤ 0,5 20 2
> 0,5 – ≤ 1,0 30 3
> 1,0 – ≤ 2,0 40 4
> 2,0 – ≤ 5,0 60 6
> 5,0 – ≤ 10,0 80 8
> 10,0 – ≤ 15,0 100 10
G.5. Method of sampling for coffee, coffee products, cocoa, cocoa products, liquor ice root and liquor ice 
products traded in vacuum packages
For lots equal to or more than 15 tonnes at least 25 incremental sam ples resulting in a 10 kg aggreg ate sample 
shall be taken and for lots less than 15 tonnes, 25 % of the number of incremental samples mentioned in Table 2 
shall be taken resulting in an aggregat e sam ple of whic h the weight corresponds to the weight of the sam pled lot 
(see Table 2).
G.6. Sampling at retail stage
Sam pling of foodstuffs at the retail stage shall be done where possible in accordance with the sam pling provi sions 
set out in this part G.
Where that is not possible, an alternati ve method of sampli ng at retail stage may be used provid ed that it ensures 
that the aggregat e sample is suffic iently representative of the sampled lot and is fully descr ibed and documented . 
In any case, the aggregat e sample shall be at least 1 kg(9).
G.7. Accepta nce of a lot or sublot
— accept ance if the laborat ory sample conf orms to the maximum level, taking into account the correction for 
reco very and measurement uncer tainty ,
— rejection if the laborat ory sample exceeds the maximum level beyond reasonable doubt taking into account 
the correction for recovery and measurement uncer tainty . This is the case when the analytical result 
(cor recte d for recovery if applicable) minus the expanded measurement uncer tainty arising from the analysis 
is abov e the maximum level.
(9)In case the portion to be sampled is so small that it is impossible to obtain an aggreg ate sample of 1 kg, the aggregat e sample weight 
might be less than 1 kg.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 25/44H. METHOD OF SAM PLING FOR BEVERA GES
This method of sampling is of application for the official control of the levels of mycoto xins in beverage s, with the 
exce ption of milk.
H.1. Method of sampling
The aggreg ate sample shall be at least one litre excep t where it is not possible e.g. when the sample consists of one 
bottle.
The minimum number of incremental samples to be take n from the lot shall be as given in Table 1. The number of 
incremental samples determi ned is function of the usual form in which the products concer ned are 
commercialised. In the case of bulk liquid products the lot shall be thoroughly mixed insof ar as possible and 
insof ar it does not affect the quality of the product, by either manual or mech anical means immediately prior to 
sam pling. In this case, a homogeneous distr ibution of mycotoxins can be assumed within a given lot. It is 
theref ore suffi cient to take three incremental samples from a lot to form the aggregat e sample.
The incremental samples , whic h might frequently be a bottle or a packag e, shall be of similar volume. The volume 
of an incremental sample shall be at least 100 millilitre, resulting in an aggregat e sample of at least about 1 litre. 
Depar ture from this method shall be recorded in the record provid ed for under part I point A.1.8 of this Annex.
Table 1
Minimum number of incrementa l samples to be taken from the lot 
Form of commercialisationVolume of lot (in 
litres)Minimum number 
of incremental 
samples to be takenMinimum volume of 
the aggreg ate sample 
(in litres)
Bulk — 3 1
Bottles/pac kages (beverages other than wine) ≤ 50 3 1
Bottles/pac kages (beverages other than wine) 50to 500 5 1
Bottles/pac kages (beverages other than wine) > 500 10 1
Bottles/pac kages wine ≤ 50 1 1
Bottles/pac kages wine 50to 500 2 1
Bottles/pac kages wine > 500 3 1
H.2. Sampling at retail stage
Sam pling of foodstuffs at the retail stage shall be done where possible in accordance with the sam pling provi sions 
set out in this part H(10).
Where that is not possible, an alternati ve method of sampli ng at retail stage may be used provid ed that it ensures 
that the aggreg ate sam ple is sufficiently representative of the sampled lot and is fully descr ibed and documented .
(10)In case the portion to be sampled is so small that it is impossible to obtain an aggreg ate sample of 1 litre, the aggreg ate sample volume 
might be less than 1 litre.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 26/44H.3. Accepta nce of a lot or sublot
— accept ance if the laborat ory sample conf orms to the maximum level, taking into account the correction for 
reco very and measurement uncer tainty ,
— rejection if the laborat ory sample exceeds the maximum level beyond reasonable doubt taking into account 
the correction for recovery and measurement uncer tainty . This is the case when the analytical result 
(cor recte d for recovery if applicable) minus the expanded measurement uncer tainty arising from the analysis 
is abov e the maximum level.
I. METHOD OF SAM PLING FOR SOLID PROCESSED FRUIT AND VEGET ABLE PRODUCTS
This method of samp ling is of application for the official control of the levels of mycotoxins in solid processed 
fruit (with the excep tion of processed products from dried fruit whic h fall under parts B and C of this Annex) 
and vegeta ble products, including solid processed fruit and vege table products for infants and young children.
I.1. Method of sampling
The aggregat e sample shall be at least 1 kg, excep t where it is not possible e.g. when sampli ng a sing le packag e.
The minimum number of incremental samples to be taken from the lot shall be as given in Table 1.
The incremental samples shall be of similar weight. The weight of an incremental sam ple shall be at least 100 g, 
resulting in an aggregat e sample of at least 1 kg. Depar ture from this method shall be recorded in the record 
provided for under part I point A.1.8 of this Annex.
Table 1
Minimum number of incrementa l samples to be taken from the lot 
Weight of lot (in kg)Minimum number of incremental 
samples to be takenAggregat e sample weight(kg)
< 50 3 1
50to 500 5 1
> 500 10 1
If the lot consists of individual packag es, then the number of packag es, which shall be take n to form the aggreg ate 
sam ple, is given in Table 2.
Table 2
Number of packa ges (increment al samples) which shall be taken to form the aggregate sample if the lot 
consis ts of individual packa ges 
Number of packag es or units in 
the lotNumber of packages or units to be taken Aggregat e sample weight(kg)
1to 25 1packa ge or unit 1
26to 100 about 5%, at least two packag es or units 1
> 100 about 5%, at maximum 10packag es or units 1OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 27/44I.2. Sampling at retail stage
Sam pling of foodstuffs at the retail stage shall be done where possible in accordance with the sam pling provi sions 
set out in this part I.
Where that is not possible, an alternati ve method of sampli ng at retail stage may be used provid ed that it ensures 
that the aggreg ate sam ple is suffi ciently representative of the sampled lot and is fully descr ibed and 
document ed(11).
I.3. Accepta nce of a lot or sublot
— accept ance if the laboratory sample conf orms to the maximum level, taking into account the measurement 
uncer tainty and correction for reco very,
— rejection if the laborat ory sample exceeds the maximum level beyond reasonable doubt taking into account 
the measurement uncer tainty and correction for recovery . This is the case when the analytical result 
(cor recte d for recovery if applicable) minus the expanded measurement uncer tainty arising from the analysis 
is abov e the maximum level.
J. METHOD OF SAMPLING FOR BAB Y FOODS AND PROCESSED CEREAL BASE D FOODS FOR INFANTS AND YOUNG 
CHILDREN
This method of sam pling is of application for the official control of the levels of mycoto xins in baby foods and 
processed cereal based foods for infants and young children, with the excep tion of beverages refer red to in part H 
and solid processed fruit and veget able products refer red to in part I of this Annex.
J.1. Method of sampling
— The method of sampli ng for cereals and cereal products as set out in point A.4 in part II of this Annex shall 
apply to food intended for infants and young children. According ly, the number of incremental samples to be 
taken shall depend on the weight of the lot, with a minimum of 10 and a maximum of 100, in accordance 
with Table 2 at point A.4 in part II of this Annex. For very small lots (≤ 0,5 tonnes) a lowe r number of 
incremental sam ples may be taken, but the aggregat e sam ple uniting all incremental samples shall be also in 
that case at least 1 kg.
— weight of the incremental sam ple shall be about 100 g. In the case of lots in retail/individual pack ages, the 
weight of the incremental sam ple shall depend on the weight of the retail/individual packag e and in case of 
very small lots (≤ 0,5 tonnes) the incremental samples shall have a weight as such that uniting the 
incremental samples results in an aggregat e sample of at least 1 kg. Depar ture from this method shall be 
recorded in the record provided for under part I point A.1.8 of this Annex.
— weight of aggregat e sample = 1-10 kg sufficiently mixed.
J.2. Sampling at retail stage
Sam pling of foodstuffs at the retail stage shall be done where possible in accordance with the sam pling provi sions 
set out in this part J.
Where that is not possible, an alternati ve method of sampli ng at retail stage may be used provid ed that it ensures 
that the aggreg ate sam ple is suffi ciently representative of the sampled lot and is fully descr ibed and 
document ed(12).
J.3. Accepta nce of a lot or sublot
— accept ance if the laborat ory sample conf orms to the maximum level, taking into account the correction for 
reco very and measurement uncer tainty ;
(11)In case the portion to be sampled is so small that it is impo ssible to obtain an aggregat e sample of 1 kg, the aggregat e sample weight 
might be less than 1 kg.
(12)In case the portion to be sampled is so small that it is impo ssible to obtain an aggregat e sample of 1 kg, the aggregat e sample weight 
might be less than 1 kg.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 28/44— rejection if the laborat ory sample exceeds the maximum level beyond reasonable doubt taking into account 
the correction for recovery and measurement uncer tainty . This is the case when the analytical result 
(cor recte d for recovery if applicable) minus the expanded measurement uncer tainty arising from the analysis 
is abov e the maximum level.
K. METHOD OF SAM PLING FOR VEGET ABLE OILS
K.1. Method of sampling for vegetable oils
— The weight of the incremental sample shall be at least about 100 g (ml) (depending of the nature of the lot e.g. 
vegetable oil in bulk , at least 3 incremental sam ples of about 350 ml have to be taken), resulting in an 
aggreg ate sam ple of at least 1 kg (litre).
— On condition that the sublot can be separate d physically , each lot shall be subdivided into sublots following 
Table 1. Taking into account that the weight of the lot is not alwa ys 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 case the lot is 
not or cannot be physically separated into sublots, a minimum of 3 incremental samp les is taken from the lot.
— The minimum number of incremental samples to be taken from the lot shall be as given in Table 2. The lot 
shall be thoroughly mixed insofar possible by either manual or mechani cal means immediately prior to 
sam pling. In this case, a homogeneous distr ibution of mycoto xins can be assumed within a given lot, it is 
theref ore suffi cient to take three incremental samples from a lot to form the aggregat e sample.
Table 1
Subdivision of lots into sublots depending on lot weight 
Commodity Lot weight (tonne)Weight or number of 
sublotsMinimum No 
incremental samplesMinimum aggreg ate 
sample weight (kg)
Vegetable oils ≥ 1 500 500 tonnes 3 1
> 300 and < 1 500 3sublots 3 1
≥ 50and ≤ 300 100 tonnes 3 1
< 50 — 3 1
Table 2
Minimum number of incrementa l samples to be taken from the lot 
Form of commercialisationWeight of lot (in kg)
Volume of lot (in litres)Minimum number of incremental 
samples to be taken
Bulk (*) — 3
packa ges ≤ 50 3
packa ges > 50to 500 5
packa ges > 500 10
(*)On condition that the sublot can be separated physically , large bulk lots of vegetable oils shall be subdivided into sublots as 
foreseen in Table 2 of this part KOJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 29/44K.2. Method of sampling for vegetable oils at retail stage
Sam pling of foodstuffs at the retail stage shall be done where possible in accordance with the sam pling provi sions 
set out in this part K.
Where that is not possible, other effective methods of sampli ng at retail stage may be used provi ded that they 
ensure that the aggreg ate sample is suffi ciently representative of the sampled lot and is fully descr ibed and 
document ed. In any case, the aggreg ate sam ple shall be at least 1 kg.
K.3. Accepta nce of a lot or sublot
— accept ance if the laborat ory sample conf orms to the maximum level, taking into account the correction for 
reco very and measurement uncer tainty ,
— rejection if the laborat ory sample exceeds the maximum level beyond reasonable doubt taking into account 
the correction for recovery and measurement uncer tainty . This is the case when the analytical result 
(cor recte d for recovery if applicable) minus the expanded measurement uncer tainty arising from the analysis 
is abov e the maximum level.
L. METHOD OF SAM PLING FOR FOOD SUPPLEMENTS, POLLEN AND POLLEN PRODUCTS
L.1. Weight of incrementa l sample and method of sampling
The sampli ng procedure provided for food supplements, pollen and pollen products as capsules/pills is based 
on retail/individual packag es containing usually 30 to 120 capsules/pills per retail/individual packag e
Lot size (number of 
retail/individual packag es)Number of 
retail/individual pack ages 
to be taken for sampleSample size (minimum amount of the aggregat e sample)
1-50 1 Food supplements as capsules/pills: Total conte nt of the 
retail/individual packag e
Other forms of food supplements – incremental samples of 
appro x. 20 g or 20 ml
— 100 g for food supplements containing herbal/plant 
based ingredients including extracts (minimum 5 incre ­
mental samples )
— 50 g or 50 ml for other food supplements (minimum 3 
incremental samples)
51-250 2 Food supplements as capsules/pills: total content of the two 
retail/individual packag es
Other forms of food supplements – incremental samples of 
appro x. 20 g or 20 ml
— 200 g for food supplements containing herbal/plant 
based ingredients including extracts (minimum 10 incre ­
mental samples )
— 100 g or 100 ml for other food supplements (minimum 5 
incremental samples)
251 -1 000 4 Food supplements as capsules/pills: from each 
retail/individual packag e taken for sample , half of the 
capsules/pillsOJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 30/44Other forms of food supplements – incremental samples of 
appro x. 20 g or 20 ml
— 200 g for food supplements containing herbal/plant 
based ingredients including extracts (minimum 10 incre ­
mental samples )
— 100 g or 100 ml for other food supplements (minimum 5 
incremental samples)
> 1 000 4+ 1retail/individual 
packa ges per 1 000
retail/individual 
packa ges with a 
maximum of 25
retail/individual 
packa gesFood supplements as capsules/pills:
≤ 10 retail/individual packag es: from each retail/individual 
packa ge, half of the capsules/pills
> 10 retail/individual packag es: from each retail/individual 
packa ge, an equal number of capsules/pills is taken to result 
in a sam ple with the equivalent of the content of 
retail/individual 5 packag es
Other forms of food supplements – incremental samples of 
appro x. 20 g or 20 ml
≤ 10 retail/individual packag es:
— 200 g for food supplements containing herbal/plant 
based ingredients including extracts (minimum 10 incre ­
mental samples )
— 100 g or 100 ml for other food supplements (minimum 5 
incremental samples)
> 10 retail/individual packag es – per 5 retail/individual 
packa ges:
— 100 g for food supplements containing herbal/plant 
based ingredients including extracts (minimum 5 incre ­
mental samples )
— 50 g or 50 ml for other food supplements (minimum 3 
incremental samples)
Unkno wn (only 
applicable for 
e-commerce)1 Food supplements as capsules/pills: total content of the 
packa ge
L.2. Sampling at retail
Sam pling of food supplements, pollen and pollen products at the retail stage shall be done where possible in 
accordance with the sampling provisions set out in this part L.
Where that is not possible, an alternati ve method of sampli ng at retail stage may be used provid ed that it ensures 
that the aggregat e sample is suffic iently representative of the sampled lot and is fully descr ibed and documented . 
In any case, the aggregat e sample shall be at least 0,05 kg.
L.3. Accepta nce of a lot
— accept ance if the laborat ory sample conf orms to the maximum level, taking into account the correction for 
reco very and measurement uncer tainty ;OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 31/44— rejection if the laborat ory sample exceeds the maximum level beyond reasonable doubt taking into account 
the correction for recovery and measurement uncer tainty . This is the case when the analytical result 
(cor recte d for recovery if applicable) minus the expanded measurement uncer tainty arising from the analysis 
is abov e the maximum level.
M. METHOD OF SAM PLING FOR DRIED HERBS, HERB AL INFUSIONS (DRIED PRODUCT), TEAS (DRIED PRODUCT) AND 
POWDERED SPICES
M.1. Weight of the incremental sample
The weight of the incremental sample shall be about 40 g, unless other wise defined in this part M.
In the case of lots in retail/individual packag es, the weight of the incremental sample depends on the weight of 
the retail/individual packag e.
In the case of retail/individual packag e of > 40 g, this will result in aggregat e samples weighing more than the 
required weight indicated in tables 1 and 2. If the weight of a sing le retail/individual packag e is >> 40 g, then 40 
g shall be taken from each individual retail/individual packag e as an incremental sample. This can be done either 
when the samp le is taken or in the laborat ory. Howe ver, in cases where such method of sampli ng would lead to 
unaccep table commercial consequences resulting from damage to the lot (because of packag ing forms, means of 
transpor t, etc.), then an alternati ve method of sampling can be applied. For example, in case where a valuable 
product is market ed in retail/individual packag es of 500 g or 1 kg, the aggregat e sample can be obtained by the 
aggreg ation of a number of incremental samples that is smaller than the number indicated in Tables 1 and 2, on 
the condition that the weight of the aggreg ate sample corresponds to the required weight of the aggrega te sample 
mentioned in Tables 1 and 2.
Where the retail/individual packag es are less than 40 g and if the difference is not very large (i.e. not less than half 
of 40 g), one retail/individual packag e shall be considered as one incremental sample, resulting in an aggregat e 
sam ple of less than the required weight indicated in tables 1 and 2. If the weight of the retail/individual packag es 
are much less than 40 g, one incremental sample shall consist of two or more retail/individual packag es, whereby 
the 40 g are appro ximat ed as closely as possible.
M.2. General survey of the method of sampling for dried herbs, herbal infusions (dried product), teas (dried 
product) and powdered spices
Table 1
Subdivision of lots into sublots depending on lot weight 
CommodityLot weight 
(tonnes)Weight or 
number of 
sublotsNumber of 
incremental 
samplesAggregat e 
sample weight 
(kg)
dried herbs, herbal infusions (dried product) teas 
(dried product), powdered spices≥ 15 25tonnes 50 2
< 15 — 3– 50(*) 0,1 – 2,0
(*)Depending on the lot weight – see Table 2 of this part M.
M.3. Method of sampling for dried herbs, herbal infusions (dried product), teas (dried product) and powdered 
spices (lots ≥ 15 tonnes)
On condition that the sublot can be separate d physically , each lot shall be subdivided into sublots following Table 
1. Taking into account that the weight of the lot is not alwa ys an exact multiple of the weight of the sublots, the 
weight of the sublot may exceed the mentioned weight by a maximum of 20 %.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 32/44Each sublot shall be sampled separately .
The number of incremental sam ples shall be50. The weight of the aggreg ate sample shall be 2,0 kg.
If it is not possible to carry out the method of sam pling descr ibed abov e because of the unacceptable commercial 
consequences resulting from damage to the lot (because of packag ing forms, means of transpor t or other reasons) 
an alternati ve method of sampling may be applied provided that it is as representative as possible and is fully 
descr ibed and documented .
M.4. Method of sampling for dried herbs, herbal infusions (dried product) and teas (dried product) and 
powdered spices (lots < 15 tonnes)
For lots of dried herbs, herbal infusions (dried product) and teas (dried product) and powdered spices less than 15 
tonnes the sampli ng plan shall be used with 3 to 50 incremental sample s, depending on the lot weight, resulting 
in an aggregat e sample of 0,1 to 2,0 kg.
The figures in the followi ng Table 2 may be used to determine the number of incremental samp les to be take n.
Table 2
Minimum number of incrementa l samples to be taken depending on the weight of the lot of dried herbs, 
herbal infusions (dried product), teas (dried product) and powdered spices 
Lot weight (tonnes)Minimum number of incremental 
samplesMinimum aggreg ate sample weight (kg)
≤ 0,1 3 0,1
> 0,1 – ≤ 0,5 10 0,4
> 0,5 – ≤ 5,0 25 1,0
> 5,0 – ≤ 10,0 35 1,4
> 10,0 – ≤ 15,0 50 2,0
M.5. Sampling at retail stage
Sam pling of foodstuffs at the retail stage shall be done where possible in accordance with the sam pling provi sions 
set out in this part M.
Where that is not possible, an alternati ve method of sampli ng at retail stage may be used provid ed that it ensures 
that the aggregat e sample is suffic iently representative of the sampled lot and is fully descr ibed and documented . 
In any case, the aggregat e sample shall be at least 0,1 kg.
M.6. Accepta nce of a lot or sublot
Acceptance: where the laboratory sample conf orms to the maximum level, taking into account the correction for 
reco very and measurement uncer tainty ;
Rejection: where the laborat ory sam ple excee ds the maximum level beyond reasonable doubt taking into account 
the correction for recovery and measurement uncer tainty . This is the case when the analytical result (cor rected for 
reco very if applicable) minus the expanded measurement uncer tainty arising from the analysis is above the 
maximum level.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 33/44N. METHOD OF SAMPLING FOR VER Y LARGE LOTS OR LOTS STORED OR TRANSPORTED IN A WAY WHEREBY SAM PLING 
THR OUGHOUT THE LOT IS NOT FEASIBLE
N.1. General principles
In case the way of transpor t or storage of a lot does not enable to take incremental samples throughout the whole 
lot, sampli ng of such lots shall preferably be done when the lot is in flow (dynamic sampling).
In the case of large warehouses destined to store food, operat ors shall be encouraged to install equipment in the 
warehouse enabling (auto matic) sampling across the whole stored lot.
When a sampli ng procedure as provid ed for in this part N is applied, the food business operat or or his 
representative shall be informed of the sampling procedure. If the sam pling procedure is questioned by the food 
business operat or or his representative, the food business operat or or his representative shall enable the 
compe tent author ity to sample throughout the whole lot at his/her own cost.
Sam pling of a portion of the lot is allowe d, on the condition that the quantity of the samp led portion is at least 
10 % of the lot to be sampled. If a portion of a lot of food of the same class or descr iption has been sampled and 
identified as not satisfying Union requirements, it shall be presumed that the entire lot is also affect ed, unless 
further detailed assessment shows no evidence that the rest of the lot is unsatisfact ory.
The relevant sampli ng provisions, such as weight of the incremental sample, provid ed for in the other parts of this 
Annex are applicable for the sampling for very large lots or lots store d or transpor ted in a way whereby sam pling 
throughout the lot is not feasible.
N.2. Number of incremental samples to be taken in the case of very large lots
In the case of large sampled portions (sampled portions > 500 tonnes), the number of incremental samples to be 
taken = 100 incremental samp les + √tonnes. However , in case the lot is less than 1 500 tonnes and can be 
subdivided into sublots in accordance with the Table 1 of part A and on the condition that the sublots can be 
separate d physically , the number of incremental samples as provided for in part A have to be take n.
N.3. Large lots transpor ted by ship
N.3.1. Dynamic sampling of large lots transpor ted by ship
The sampli ng of large lots in ships is pref erably carried out while the product is in flow (dynamic sampli ng).
The sampling is to be done per hold (entity that can physically be separated). Holds are however emp tied partly 
one after the other so that the initial physical separation no long er exists after transfer into storage facilities. 
Sam pling can theref ore be perf ormed based on initial physical separation or based on the separation after 
transfe r into the storage facilities.
The unloading of a ship can last for several days. Nor mally , sampli ng has to be performe d at regular intervals 
during the whole duration of unloading. It is however not alwa ys feasible or appropr iate for an official inspect or 
to be present for sam pling during the whole operation of unloading. Theref ore, sampling of a portion of the lot 
is allowed to be under taken (sampled portion). The number of incremental sam ples is determined by taking into 
account the size of the sam pled portion.
Even if the official sam ple is taken autom atically , the presence of an inspector is necessar y. However , if the 
autom atic sampli ng is done with pre-set parameter s whic h cannot be chang ed during the sampli ng and the 
incremental samples are collect ed in a sealed recep tacle, preventing any possible fraud, then the presence of an 
inspect or is only required at the beginning of the sampli ng, ever y time the recep tacle of the samples needs to be 
change d and at the end of the sampling.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 34/44N.3.2. Sampling of lots transpor ted by ship by static sampling
In cases where the sam pling is done in a static way the same procedure as foreseen for storage facilities (silos) 
accessible from above has to be applied (see point N.5.1).
The sam pling has to be performe d on the accessible part (from above) of the lot/hold. The number of incremental 
sam ples is determined by taking into account the size of the sampled portion.
N.4. Sampling of large lots stored in warehouses
The sampli ng has to be performed on the accessible part of the lot. The number of incremental sam ples is 
determined by taking into account the size of the sampled portion.
N.5. Sampling of storage facilities (silos)
N.5.1. Sampling of silos (easily) accessible from above
The sampli ng has to be performed on the accessible part of the lot. The number of incremental sam ples is 
determined by taking into account the size of the sampled portion.
N.5.2. Sampling of silos not accessible from above (closed silos)
N.5.2.1. Silos not accessible from above (closed silos) with individual sizes > 100 tonnes
Food stored in such silos cannot be sam pled in a static way. Theref ore, when the food in the silo has to be sample d 
and there is no possibility to mov e the lot, an agreement has to be made with the operat or that he or she has to 
inform the inspector about when the silo will be unloaded, partially or complet ely, in order to enable sampling 
when the food is in flow.
N.5.2.2. Silos not accessible from above (closed silos) with individual sizes < 100 tonnes
Contrar y to the provision in point N.1 (sampled portion at least 10 %), the sampli ng procedure involves the 
release into a recep tacle of a quantity of 50 to 100 kg and taking the sam ple from it. The size of the aggregat e 
sam ple corresponds to the whole lot and the number of incremental samples relate to the quantity of the food 
from the silo released into the recep tacle for sam pling.
N.6. Sampling of loose food in large closed containers
Such lots can often only be sample d when unloaded. In certain cases it is not possible to unload at the point of 
import or control and theref ore the sam pling should take place when such containers are unloaded. The operat or 
has to inform the inspect or about the place and time of unloading the containers to enable the inspector to be 
present.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 35/44ANNEX II 
Criter ia for sample preparation and for methods of analysis used for the control of the levels of 
mycotoxins in food 
1. INTR ODUCTION
1.1. Precautions
As the distr ibution of mycotoxins is generally non-homogeneous, samples shall be prepared, and especially 
homog enised, with extreme care.
The complet e samp le as received by the laborat ory shall be homogenised, in case the homog enisation is 
perf ormed by the laborat ory.
For the analysis of aflatoxins, daylight shall be excl uded as much as possible during the procedure, since 
aflatoxin gradually breaks down under the influence of ultra-violet light.
1.2. Calculation of propor tion of shell/kernel of whole nuts/oilseeds (peanuts and other)
The maximum levels established in Regulation (EU) 2023/915 apply to the edible part. The level of mycoto xins 
in the edible part can be determined by:
— sam ples of nuts and oilseeds ‘in shell’ can be shelled and the level of mycoto xins is determi ned in the edible 
part;
— the nuts and oilseeds ‘in shell’ can be taken through the sample preparation procedure. The method of 
sam pling and analysis shall estimate the weight of kernel in the aggregat e sample. The weight of kernel in 
the aggrega te sample shall be estimate d after establishing a suitable factor for the propor tion of shell to 
kernel in whole nuts and oilseeds. This propor tion is used to ascer tain the amount of kern el in the 
aggreg ate sample taken through the samp le preparation and method of analysis.
Appro ximat ely 100 whole nuts/oilseeds shall be taken at random separately from the lot or shall be put aside 
from each aggregat e sample. The ratio may, for each laboratory sam ple, be obtained by weighing the whole 
nuts and oilseeds, shelling and re-weighing the shell and kernel portions.
Howe ver, the propor tion of shell to kernel may be established by the laboratory from a number of samples and 
so can be assumed for future analytical work. But if a particular laboratory sample is found to be in 
contrav ention of any maximum level, the propor tion shall be determined for that sample using the 
appro ximat ely 100 nuts/oilseeds that have been set aside.
2. TREA TMENT OF THE SAMPLE AS RECEIVED IN THE LABORA TOR Y
Each laboratory sample shall be mixed thoroughly using a process, including fine grinding if needed, that has 
been demonstrate d to achi eve compl ete homogenisatio n with the excep tion of sam ples for the control of the 
presence of ergot sclerotia.
In case the laboratory sam ple has to be analysed for the control of the presence of ergot sclerotia and 
mycotoxins, the part of the sample used for the deter mination of ergot sclerotia is taken from the laborat ory 
sam ple before grinding of the laboratory sam ple.
In case the maximum level applies to the dry matt er, the dry matte r content of the product shall be determined 
on a part of the homogenised sam ple, using a method that has been demonstrated to determi ne accurately the 
dry matter conte nt.
3. REPLICA TE SAMPLES
The replicate sam ples for enforcement, defe nce and referen ce purposes shall be taken from the homogenised 
aggreg ate sample unless such procedure conf licts with Member States’ rules as regar ds the rights of the food 
business operator .OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 36/444. METHOD OF ANAL YSIS TO BE USED BY THE LABORA TOR Y AND LABORA TOR Y CONTR OL REQUIREMENTS
4.1. General requirements
Confir matory methods of analysis used for food control purposes shall compl y with the provisions of points 1 
and 2 of Annex III to Regulation (EU) 2017/625.
Wherever possible, the trueness of the method should be verified by analysis of a certified reference 
mat erial and/or successful participation in proficiency tests on a regular basis.
4.2. Specif ic requirements
4.2.1. Specific requir ements for confir mator y methods
4.2.1.1. Performance criteria
For conf irmatory methods the following performa nce criteria apply:
Recov ery: the average recovery should be between 70 and 120 %.
The average recovery is the average value from replicates obtained during validation when determining the 
precision parameters RSDr and RSDw R. The criterion applies to all concentrations and all individual toxins, 
with the excep tion of ergot alkaloids.
For ergot alkaloids the criterion applies to the sum of each epimer -pair .
In excep tional cases, average recoveri es outside the above rang e can be acceptable but shall lie within 50-130 %, 
and only when the precision criteria for RSDr and RSDw R are met.
Precision
RSDr shall be ≤ 20 %.
RSDw R shall be ≤ 20 %.
RSD R should be ≤ 25 %.
These criteria apply to all concentrations.
In case a laboratory provides the evidence that the RSDw R criterion is compl ied with, there is no need to provid e 
that evidence for the RSDr criterion as compl iance with the RSDw R guarantees compl iance with the RSDr 
criterion.
In case the maximum level applies to a sum of toxins, then the criteria for precision apply to both the sum and 
the individual toxins. For ergot alkaloids, the criteria for individual toxins apply to the sum of each epimer pair .
Limit of quantification
When a specific requirement for the LOQ of a mycoto xin has been set in the Table 1 below , the method shall 
have an LOQ at or below this value.
Table 1
LOQ requirements for certain mycotoxins 
Mycoto xin Food LOQ requirement (μg/kg)
Aflato xins
Aflatoxin B1 Baby food and processed cereal-based foods for 
infants and young children, and food for special 
medical purposes intended
for infants and young children≤ 0,1OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 37/44Aflatoxin B1, B2, G1, G2, 
each of the aflatoxinsAll other foods ≤ 1
Ochrato xin A Liquor ice confectionary containing < 97 % 
liquor ice extract on dry basis≤ 10,0
Cocoa powder ≤ 3,0
Ergot alkaloids (each of 12 
epimers included in sum 
definition of ML)Cereals and cereal-based foods ≤ 4
Processed cereal-based food for infants and 
young children≤ 2
In all other cases, the followi ng applies:
LOQ: hall be ≤ 0,5*ML and should preferably be lower (≤ 0,2*ML).
In case the maximum level applies to a sum of toxins, then the LOQ of the individual toxins shall be ≤ 0,5*ML/n, 
with n being the number of toxins included in the ML definition.
Identification
For identif ication, the criteria as laid down in the Guidance document on identification of mycotoxins and plant 
toxins in food and feed(1)shall be applied.
4.2.1.2. Exten sion of the scope of the method
4.2.1.2.1. Extension of scope to other myco toxins:
When additional analyte s are added to the scope of an existing confir matory method, a full validation is required 
to demonstrate the suitability of the method.
4.2.1.2.2. Extension to other commodities:
If the conf irmatory method is known or expected to be applicable to other commodities, the validity to these 
other commodities shall be verified. As long as the new commodity belongs to a commodity group (see Table 2 
in this Annex) for which an initial validation has already been performed, a limited additional validation is 
sufficient.
4.2.2. Specific requir ements for semi-quantitative scree ning methods
4.2.2.1. Scope
This section applies to bioanalytical methods based on immuno-recognition or recep tor binding (suc h as ELISA, 
dip-stic ks, lateral flow devices, immuno-sensors) and physicoche mical methods based on chromat ography or 
direct detection by mass spectrometr y (e.g. ambient MS). Other methods (e.g. thin layer chromatograph y) are 
not excluded provided the signals generate d relat e directly to the mycoto xins of inter est and allow that the 
principle descr ibed hereunder is applicable.
The specific requirements apply to methods of which the result of the measurement is a numer ical value, for 
exam ple a (relative) response from a dip-stick reader , a signal from LC-MS, etc., and that normal statistics apply .
The requirements do not apply to methods that do not give numer ical values (e.g. only a line that is present or 
absent), whic h require diffe rent validation approaches. Specific requirements for these methods are provided in 
point 4.2.3.
(1)avai lable at: https://f ood.ec.europa.eu/document/download/f16cac78-9318-4f1f-b2f a-efb25d2f1880_enOJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 38/44This document descr ibes procedures for the validation of screening methods by means of an inter -laboratory 
validation, the verification of the performa nce of a method validat ed by means of an inter-laboratory exercise 
and the sing le-laboratory validation of a screening method.
4.2.2.2. Validation procedure
The aim of the validation is to demonstrate the fitness of purpose of the screening method. This is done by 
determination of the cut-off value and determi nation of the false negative and false suspect rate. In these two 
paramete rs performance character istics such as detection capability , selectivity , and precision are embedded.
Screening methods may be validat ed by inter -laboratory or by sing le laboratory validation. If inter -laboratory 
validation data is already available for a certain mycotoxin/matr ix/STC combination, a verification of method 
perf ormance is suffi cient in a laboratory implementing the method.
4.2.2.2.1. Initial validation by single labor atory valid ation
Myco toxins
The validation shall be performe d for ever y individual mycotoxin in the scope. In case of bio-analytical methods 
that give a combined response for a certain mycotoxin group (e.g. aflatoxins B1, B2, G1 & G2; fumonisins B1 & 
B2), applicability shall be demonstrated and limitations of the test mentioned in the scope of the method. 
Undesired cross-reactivity (e.g. DON-3-g lycoside, 3- or 15-acetyl-DON for immuno-based methods for DON) is 
not considered to increase the false negative rate of the target mycotoxins, but may increase the false suspect 
rate. This unwanted increasing shall be diminished by conf irmat ory analysis for unambiguous identification 
and quantifi cation of the mycotoxins.
Matr ices
An initial validation shall be performe d for each commodity , or, when the method is known to be applicable to 
multiple commodities, for each commodity group. In the latter case, one representative and relevant commodity 
shall be selected from that group (see Table 2).
Sample set
The minimum number of different samp les required for validation is 20 homog eneous negative control sam ples 
and 20 homog eneous positive control samples that contain the mycotoxin at the STC, analysed under 
intermediat e precision (RSD Ri) conditions spread over 5 different days. Additional sets of 20 samples containing 
the mycoto xin at other levels may be added to the validation set to gain insight as to what extent the method can 
distinguish between different mycoto xin concentrations.
Concentr ation
For each STC to be used in routine application, a validation shall be perf ormed.
4.2.2.2.2. Initial validation through collabor ative trials
Validation through collaborative trials shall be done in accordance with ISO 5725:1994 or the IUPAC 
International Harmonised Protocol or other intern ationally recognised prot ocol on collaborative trials which 
requires inclusion of valid data from at least eight different laborat ories. The only other differ ence compare d to 
sing le laboratory validations shall be that the ≥ 20 samples per commodity/level may be evenly divided over the 
participating laboratori es, with a minimum of two sam ples per laborat ory.
4.2.2.3. Determination of cut-off value and rate of false suspected results of blank samples
The (relative) responses for the negative control and positive control samples shall be taken as basis for the 
calculation of the required parameter s.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 39/44Screening met hods with a response propor tional with the mycotoxin concentr ation
For screening methods with a response propor tional with the mycoto xin concentration the following applies:
Cut-of f value = RSTC – t-value 0,05 *SD STC
RSTC= mean response of the positive control samples (at STC)
t-value: = one tailed t-value for a rate of false negative results of 5 % (see Table 3)
SD STC= standard deviation
Screening met hods with a response inversely propor tional with the mycotoxin concentr ation
Similarly , for screening methods with a response inversely propor tional with the mycotoxin concentration, the 
cut-off value is determined as:
Cut-of f value = RSTC + t-value 0,05 *SD STC
By using this specifi c t-value for determining the cut-off value, the rate of false negative results is by default set 
at 5 %.
Fitness for purpose assessment
Results from the negative control sam ples are used to estimate the corresponding rate of false suspect results. 
The t-value is calculat ed corresponding to the event that a result of a negative control sample is abov e the cut- 
off value, thus erroneously classified as suspect.
t-value = (cut-off value – mean blank)/SD blank
for screening methods with a response propor tional with the mycoto xin concentration
or
t-value = (mean blank – cut-off value)/SD blank
for screening methods with a response inversely propor tional with the mycotoxin concentration.
From the obtained t-value, based on the degrees of freedom calculat ed from the number of exper iments, the 
probability of false suspect sam ples for a one tailed distr ibution can either be calculat ed (e.g. spread sheet 
function ‘TDIST’) or taken from a table for t-distr ibution (see Table 3).
The corresponding value of the one tailed t-distr ibution specifi es the rate of false suspect results.
This concept is descr ibed in detail with an example in Analytical and Bioanalytical Chemistr y DOI 10.1007/ 
s00216 -013-6922-1.
4.2.2.4. Exten sion of the scope of the method
4.2.2.4.1. Extension of scope to other myco toxins:
When additional analytes are added to the scope of an existing screening method, a full validation shall be 
required to demonstrate the suitability of the method.
4.2.2.4.2. Extension to other commodities:
If the screening method is kno wn or expect ed to be applicable to other commodities, the validity to these other 
commodities shall be verified. As long as the new commodity belongs to a commodity group (see Table 2 in this 
Annex) for which an initial validation has already been perf ormed, a limited additional validation is suffi cient. 
For this, a minimum of 10 homogene ous negative control and 10 homog eneous positive control (at STC) 
sam ples shall be analysed under intermediat e precision conditions. The positive control sam ples shall all be 
abov e the cut-off value. In case this criterion is not met, a full validation is required.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 40/444.2.2.5. Verification of methods already validat ed through collaborative trials
For screening methods that have already been successfully validat ed through a collaborative laboratory trial, the 
method perf ormance shall be verified. For this a minimum of 6 negative control and 6 positive control (at STC) 
sam ples shall be analysed. The positive control samples shall all be abov e the cut-off value. In case this criterion 
is not met, the laboratory has to perform a root-cause analysis to identify why it cannot meet the specifi cation as 
obtained in the collaborative trial. Only after taking corrective action, it shall re-ver ify the method performa nce 
in its laboratory . In case the laborat ory is not capable to verify the results from the collaborative trial, it will need 
to deter mine its own cut-off value in a complet e sing le laboratory validation.
4.2.2.6. Continuous method verification/on-going method validation
After initial validation, additional validation data are acquired by including at least two positive control sam ples 
in each batch of samples screened. One positive control sam ple shall be a known sample (e.g. one used during 
initial validation), the other shall be a different commodity from the same commodity group (in case only one 
commodity is analysed, a differ ent sample of that commodity is used instead). Inclusion of a negative control 
sam ple is optional. The results obtained for the two positive control samples are added to the existing 
validation set.
At least once a year the cut-off value is re-determ ined and the validity of the method is re-assessed (re-evaluation 
of the available QA/QC data obtained in the last year). The continuous method verification serves several 
purposes, including:
— quality control for the batch of sam ples screened;
— provi ding information on robustness of the method at conditions in the laborat ory that applies the method;
— justification of applicability of the method to differ ent commodities;
— allowing to adjust cut-off values in case of gradual drifts over time.
4.2.2.7. Validation repor t
The validation repor t shall contain:
— a statement on the STC;
— a statement on the deter mined cut-off value;
Note: The cut-off value shall have the same number of signif icant figures as the STC. Numer ical values used to 
calculat e the cut-off value need at least one more signif icant figure than the STC.
— a statement on calculated false suspect ed rate;
— a statement on how the false suspect ed rate was generated.
Note: The statement on the calculat ed false suspect ed rate indicates if the method is fit-for-pur pose as it indicates 
the number of blank (or low level contamination) sam ples that will be subject to verification.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 41/44Table 2
Commodity groups for the validation of conf irmatory and screening methods 
Commodity groups Commodity categor iesTypical representative commodities included in the 
categor y
High wate r content Fruit Juices
Alcoholic beverages
Root and tuber vege tables
Cereal or fruit based pureesApple juice, grape juice
Wine, beer , cider
Fresh ginge r, herbal infusions (liquid)
Purees intended for infants and small children
High oil cont ent Tree nuts
Oil seeds and products thereof
Oily fruits and products thereofWalnuts, hazelnuts, chestnuts rapeseed, sun­
flower , cottonseeds, soybeans, peanuts, sesame 
seeds etc.
Oils and pastes (e.g. peanut butter , tahina)
High starch and/or 
prot ein cont ent and low 
water and fat conte ntCereal grain and products thereof
Dietar y productsWheat, rye, barle y, maize, rice, oats
Wholemeal bread, white bread, crack ers, break ­
fast cereals, pasta
Dried powders for the preparation of food for 
infants and small children
High acid content and 
high wate r cont ent(*)Citrus products
‘Diff icult or unique 
commodities’ (**)Cocoa beans and products thereof, copra and 
products thereof, coffee, tea (dried product)
Spices, liquor ice root, herbal infusions (dried 
product), food supplements, pollen, and pollen 
products
High sugar low water 
contentDried fruits Figs, raisins, currants, sultanas
Milk and milk
productsMilk
Cheese
Dair y products (e.g. milk powder)Cow , goat and buff alo milk
Cow , goat cheese
Yogur t, cream
Meat (tissue) Edible offals
Muscle, processed meat productsKidney , liver
ham
(*) If a buffer is used to stabilise the pH chang es in the extraction step, then this commodity group can be merged into one 
commodity group ‘High water conten t’.
(**) ‘Difficult or unique commodities’ needs only to be fully validated if they are frequently analysed. If they are only analysed 
occasionally , validation may be reduced to just chec king the repor ting levels using spiked blank extracts.OJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 42/44Table 3
One tailed t-value for a false negativ e rate of 5 % 
Degrees of Freedom Number of replicat es t-value (5 %)
10 11 1,812
11 12 1,796
12 13 1,782
13 14 1,771
14 15 1,761
15 16 1,753
16 17 1,746
17 18 1,74
18 19 1,734
19 20 1,729
20 21 1,725
21 22 1,721
22 23 1,717
23 24 1,714
24 25 1,711
25 26 1,708
26 27 1,706
27 28 1,703
28 29 1,701
29 30 1,699
30 31 1,697
40 41 1,684
60 61 1,671
120 121 1,658
∞ ∞ 1,645
4.2.3. Requirements for qualitativ e scree ning methods (methods that do not give numer ical values)
The development of validation guidelines for binar y test methods is currently carried out by various 
standardisation bodies (e.g. AOAC, ISO). AOAC has draf ted a guideline on the validation of binar y test 
methods. This document can be regarded as the current state of the art in the field of validation of binar y test 
methods. Theref ore, methods that give binar y results (e.g. visual inspection of dip-stick tests) should be 
validat ed according to AOAC Internatio nal Guidelines for Validation of Qualitative Binar y Chemistr y 
Methods (2).
(2)Available at: https://academic.oup.com/jaoac/ar ticle-pdf/97/5/1492/32425003/jaoac1492.pdfOJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 43/44Howe ver, other recognised validation guidelines can be used such as the approac h provided for 
in ISO/TS 23758:2021 | IDF/RM 251 Guidelines for the validation of qualitative screening methods for the 
detection of residues of veteri nary drugs in milk and milk products.
4.2.4. Quantitative deter mination of ergot sclerotia
Ergot sclerotia in cereals shall be deter mined by visual (macroscopic/microscopic) identification of the ergot 
sclerotia and ergot sclerotia fragments. Quantif ication shall be done by weighing the amount of identified ergot 
sclerotia and ergot sclerotia fragments with a particle size > 0,5 mm.
4.3. Estimation of measurement uncer tainty , reco very calculation and repor ting of results (3)
4.3.1. Confir mator y methods
The analytical result shall be repor ted as follows:
(a) Corrected for recovery , where appropr iate and relevant, and when corrected it shall be stated. The reco very 
rate is to be quoted unless intrinsic correction for bias is part of the procedure. The correction for reco very 
is not necessar y in case the recovery rate is between 90-110 %.
(b) As x +/– U whereby x is the analytical result and U is the expanded analytical measurement uncer tainty , 
using a coverag e factor of 2 which gives a level of conf idence of appro ximat ely 95 %.
As a possibility a default expanded measurement uncer tainty of 50 % may be repor ted, provided that the 
laborat ory meets all precision requirements specifi ed in point 4.2. An individual laboratory can demonstrate 
that by achi eving the criteria for the repeatability (RSDr) and the within-laboratory reproducibility (RSDw R), 
supplement ed by successful participation in prof iciency testing programs (unless no suitable proficiency testing 
program is available), as a mean z-score of |z| ≤ 2 demonstrate s that the required reproducibility (RSD R) is met 
(based on a target standard deviation of 25 %).
In case the maximum level has been set for the sum of toxins (e.g. aflatoxins, T-2/HT -2-to xin, fumonisins, ergot 
alkaloids), the analytical results of all individual toxins shall be repor ted. For ergot alkaloids, it is also allowed to 
repor t the sum of each of the six epimer pairs inste ad of the 12 individual epimers.
Recov ery correction, if applicable, shall be done for each of the individual toxins before summation of the 
concentrations. For ergot alkaloids, the correction can also be done based on the reco very obtained for each of 
the epimer pairs.
For compliance verification with the sum-ML, a lowe r-bound approac h shall be applied which means that results 
for individual toxins that are <LOQ shall be replaced by zero for the calculation of the sum.
The present interpr etation rules of the analytical result in view of acceptance or rejection of the lot apply to the 
analytical result obtained on the sample for offici al control. In case of analysis for defe nse or referee purposes, 
the national rules apply . In particular , if
the analytical result of the official control sample indicates a non-compliance beyond reasonable doubt, taking 
into account the expanded measurement uncer tainty and
the analytical result of the defense samp le indicates a non-com pliance but not beyond reasonable doubt with a 
larger expanded measurement uncer tainty than the one of the official control,
then the analytical result of the defense sam ple cannot supersede the non-com pliance established for the official 
control sam ple.
(3)More details on procedures for the estimation of measurement uncer tainty and on procedures for assessing recover y can be found in 
the repor t ‘Repor t on the relationship between analytical results, measurement uncer tainty , recovery factors and the provisions of EU 
food and feed legislation’ 
https://f ood.ec.europa.eu/system/files/2016-10/cs_contaminants_sampling_analysis-repor t_2004_en.pdfOJ L, 15.12.2023 EN  ELI: http://data.europa.eu/eli/reg_impl/2023/2782/oj 44/444.3.2. Screening methods
The result of the screening shall be expressed as compl iant or suspecte d to be non-com pliant.
‘Suspecte d to be non-com pliant ’ means the sample excee ds the cut-off value and may contain the mycotoxin at a 
level higher than the STC. Any suspect result trigge rs a conf irmatory analysis for unambiguous identification 
and quantifi cation of the mycotoxin.
‘Compli ant’ means that the mycotoxin content in the sample is < STC with a level of conf idence of 95 % (i.e. 
there is a 5 % chance that samples will be incor rectly repor ted as negative). The analytical result is repor ted as ‘< 
level of STC’ with the level of STC specifi ed.
4.4. Laborato ry quality standards
A laborat ory shall compl y with the provis ions of Article 37(4) and (5) of Regulation (EU) 2017/625.OJ L, 15.12.2023 EN  