New food testing rules: What does Order 358/2026 bring?

Through the Order of the President of the National Sanitary Veterinary and Food Safety Authority no. 358 for amending and supplementing the Order of the President of the National Sanitary Veterinary and Food Safety Authority no. 35/2016 regarding the approval of the Methodological Norms for the application of the Program of actions for the surveillance, prevention, control and eradication of animal diseases, those transmissible from animals to humans, animal protection and environmental protection, for the identification and registration of bovines, swine, ovines, caprines and equidae, as well as the Methodological Norms for the application of the Food Safety Surveillance and Control Program, published in the Official Gazette no. 273 of April 6, 2026, the methodological norms regarding surveillance and control in the field of food safety are updated, with an emphasis on the frequency and methodology of testing certain products of animal origin.

What does it stipulate?

Intensified testing frequency for mollusks and marine products. The Order establishes a much stricter and more detailed sampling program for live bivalve mollusks, echinoderms and other similar marine products. The testing frequency for contaminants (e.g., E. coli, marine biotoxins) is now clearly defined based on the type of unit (dispatch center, purification center, processing unit) and the classification of the production area. For the classification of a new harvesting area, weekly testing is required during the May-September period. Subsequently, continuous monitoring involves monthly or bi-monthly samplings, with the obligation to collect additional samples immediately after unfavorable weather events (storms, heavy rains) that may affect water quality.

Clarification of the residue control plan. The normative act updates and centralizes in a detailed manner the residue expertise plan (pharmacological substances, hormones, pesticides, contaminants) in live animals and derived products. Specific tables are provided for bovines, swine, ovines, caprines, poultry, aquaculture fish, milk, eggs and honey. These define exactly what substances are sought, from what matrix the sample is taken (e.g., muscle tissue, liver, urine, milk), where the sampling is done (on the farm or in the slaughterhouse) and what are the reference normative acts for interpreting the results. This standardization offers predictability in controls, but imposes increased rigor in the management of veterinary treatments and feeding.

Financial responsibility of the economic operator. An important provision regarding costs is introduced. Although the sampling and analysis of samples from the national control plan are borne by ANSVSA, the costs for any additional sample taken as a result of a non-compliant result, as well as the costs related to official measures applied (e.g., seizure or destruction of the batch) will be fully borne by the economic operator. This directly transfers the financial risk to the company in case of non-compliance.

Supervision of food safety laboratories. The Order introduces a new chapter regulating the official control of laboratories (public, private or in-house) that perform analyses in the field of food safety. These will be periodically checked by mixed ANSVSA teams and national reference laboratories, to ensure that they comply with authorization conditions and that analysis methods are in accordance with European legislation. Thus, pressure increases not only on producers, but also on the entire quality verification chain.

To whom does it apply?

The changes target a wide range of operators in the food industry and related sectors:

• Producers, collectors and processors of live bivalve mollusks, echinoderms, tunicates and marine gastropods.
• Animal farms (bovines, swine, ovines, caprines, equines, poultry, rabbits).
• Aquaculture farms.
• Slaughterhouses and meat processing units.
• Producers and processors of milk, eggs and honey.
• Operators in the game sector (farmed or wild) who place products on the market.
• Sanitary-veterinary and food safety laboratories, whether public, private or in-house (internal to factories).

What should you do?

• Review self-control plans and internal testing procedures to align them with the new frequencies and methodologies, especially if you operate in the marine products sector.
• Evaluate the financial risks associated with non-compliant tests, considering that you will bear the costs for additional analyses and official measures applied to contaminated batches.
• Verify if the laboratory you collaborate with (private or your own) complies with all authorization conditions and is prepared for intensified ANSVSA controls.
• Ensure that documentation regarding animal treatments and feed usage is rigorously maintained to demonstrate compliance in the event of a residue control.

Source: Official Gazette, Part I, no. 273 of April 6, 2026.

Note: This material is strictly for informational purposes and does not constitute legal, tax, or business advice. Since the interpretation and application of legal provisions may vary significantly depending on the specific circumstances of each entity, we recommend seeking specialized legal assistance before making any operational decisions based on these changes.