The new Royal Decree on sampling and analyses: what's changing?
Which questions does this blog answer?
- What exactly does the new Royal Decree regulate?
- What changes regarding the right to a counter-analysis?
- In which cases is a second analysis not permitted?
- Who now decides on a non-conforming result?
Peter Heyneman
The new Royal Decree on sampling and analyses
The new Royal Decree applies to all sectors where official samples are taken: food, animal feed, soil improvers and fertilisers. The rules on analyses and defence have become stricter and place more responsibility on the operator itself.
What exactly does the new Royal Decree regulate?
The Royal Decree of 30 January 2025 harmonises the earlier decisions on the sampling and analysis of all official samples. This is intended to allow a scientifically substantiated decision to be reached, without compromising food safety or consumer protection.
What is changing about the right to a counter-analysis?
The former right to an automatic counter-analysis has been replaced. Instead, the operator can appoint a second expert. Based on the documents requested from the first sampling and analysis, this expert draws up a report. Where a counter-analysis has also been requested, the assessment of that analysis result is included in the report as well. This new procedure follows a strict timeframe.
In which cases is a second analysis not permitted?
Article 7 of the Royal Decree sets out the exceptions. Microbiological analyses, for example, are excluded: according to the Scientific Committee, a second analysis is not scientifically relevant in this case. A second analysis may also be prohibited in other situations.
Who now decides on a non-compliant result?
Until 1 July 2025, the counter-analysis automatically took precedence. The FASFC (Federal Agency for the Safety of the Food Chain) now decides itself whether a non-compliant result is adjusted, based on the report of the appointed second expert. The Agency retains the power to take rapid action to limit health risks.
The new Royal Decree changes operators' defence options considerably. Where a counter-analysis used to suffice, the emphasis now lies on expert advice and the FASFC's final decision. Preparation and a good second expert are crucial.
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