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LAW OF THE REPUBLIC OF MOLDOVA

of December 21, 2017 No. 296

About general requirements of hygiene of foodstuff

(as amended on 30-11-2023)

This law:

- No. 852/2004 of the European Parliament and Council of April 29, 2004 about hygiene of foodstuff published in the Official magazine of the European Union by L 139 of April 30, 2004 shifts Regulations (EU);

- shifts part (2) Article 3 and Article 6 of Regulations (EU) No. 853/2004 of the European Parliament and Council of April 29, 2004 about establishment of specific hygiene standards in relation to foodstuff of the animal origin published in the Official magazine of the European Union by L 139 of April 30, 2004;

- the Regulations (EU) shift No. 2074/2005 of the Commission of December 5, 2005 about establishment of implementation measures concerning certain products according to Regulations (EU) No. 853/2004 of the European Parliament and Council and measures for the organization of official control according to regulations (EU) No. 854/2004 of the European Parliament and Council and (EU) No. 882/2004 of the European Parliament and Council, about partial cancellation of Regulations (EU) No. 852/2004 of the European Parliament and Council and about modification of regulations (EU) No. 853/2004 and (EU) No. 854/2004, published in the Official magazine of the European Union by L 338 of January 22, 2005;

- partially the Regulations (EU) shift No. 579/2014 of the Commission of May 28, 2014 about introduction of admissible departures from some provisions of appendix II to Regulations (EU) No. 852/2004 of the European Parliament and Council concerning transportation of liquid oils and fats across the sea published in the Official magazine of the European Union by L 160 of May 29, 2014 with the last changes made by Regulations (EU) 2019/978 Commissions of June 14, 2019.

Chapter I. General provisions

Article 1. Purpose and sphere of regulation of this law

(1) This law determines general requirements of hygiene of foodstuff for operators of the food sector taking into account the following principles:

a) safety of foodstuff on all food chain;

b) universal implementation of the procedures based on the principles of risk analysis and determination of critical control points (Hazard Analysis and Critical Control Points, further – HACCP), together with application fair hygienic the practician;

c) development and observance of national and international managements on fair practice at all stages of food chain according to requirements of hygiene of foodstuff and using the principles of HACCP;

d) ensuring compliance of the imported foodstuff to national requirements of hygiene of foodstuff, equivalent requirements of the European Union;

e) assignment of responsibility for safety of foodstuff on operators of the food sector.

(2) Provisions of this law are applied to all production phases, conversions and distribution of foodstuff, and also to export.

(3) Provisions of this law are not applied to:

a) to primary production for private house consumption;

b) to house preparation, processing and/or storage of foodstuff for private house consumption;

c) to storage centers and tanneries which fall under determination of activities in the field of food only because they process primary raw materials for production of gelatin or collagen;

d) to the direct deliveries of small batches of primary products performed by the producer for the final consumers or small retail trade items implementing to their directly final consumers.

Article 2. Basic concepts

For the purpose of application of this law the concepts determined in the Security act of foodstuff No. 306/2018, are used and also the following basic concepts are determined:

fair hygienic practice - the main hygienic measures and conditions applied at any stage of food chain to receipt of foodstuff, safe to consumption by the person;

hygiene of foodstuff – measures and the conditions necessary to control dangers and to provide quality of foodstuff according to its established assignment;

the food company – any company irrespective of pattern of ownership performing transactions on production, conversion, storage, transportation, sale or distribution of foodstuff;

primary products – products of primary production, including products of crop production and livestock production, products of hunting and fishery;

the small retail trade item – the retail trade item built from easily built collapsible designs which can be moved from place to place and, as a rule, has no the place for storage of goods and in which the limited range of goods in case of the minimum conveniences to consumers is on sale. Small retail trade items are subdivided on:

– temporary stationary – the pavilion, booth;

– mobile – mobile stands, tents, trays, little tables, carts, trade devices automatic machines, trail cars, trailers, specially equipped cars/mobile shop or other portable equipment for trade;

equivalent – concerning different systems – capable to answer the same purposes;

contamination – availability or introduction of any danger;

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