The draft new Decree applies to the taking and analysis of samples, referred to in Article 3, §5 of the Royal Decree of 22 February 2001 organising the controls carried out by the Federal Agency for the Safety of the Food Chain and amending several other legislative provisions, subject to specific regulations to the contrary relating to the taking of samples and their analysis.

Royal Decree relating to the taking and analysis of samples, referred to in Article 3, §5 of the Royal Decree of 22 February 2001 organising the controls carried out by the Federal Agency for the Safety of the Food Chain and amending several other legislative provisions.

The main changes in this new draft Royal Decree compared to the Royal Decree of 20 September 2012 relating to the taking and analysis of samples, which is currently in force, are:

• the possibility of obtaining samples for the purpose of analysing them, testing them or subjecting them to a compliance check, following a purchase made using a means of distance communication, including anonymously (known as mystery shopping);

• the right of the operator to the opinion of a second expert in the form of a desk review evaluating the compliance of the sampling, analysis, testing or diagnostic procedure performed on the sample. This desk review is at the expense of the operator, who is also responsible for appointing this expert;

• following the desk review and in accordance with the opinion of the designated expert, the operator’s right to request a second analysis of the sample stored at the laboratory that carried out the first analysis. The second analysis shall be carried out by a laboratory approved for the intended analyses and chosen by the operator.