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LAW OF UKRAINE

of December 21, 2017 No. 2264-VIII

About safety and hygiene of forages

(as amended on 04-02-2021)

This Law determines legal and organizational basis of safety of forages in the course of their production, the address and use, including establishes requirements for hygiene, marking, packaging and representation of forages, governs the corresponding public relations between operators of the market and public authorities.

Section I General provisions

Article 1. Terms and their determinations

1. In this Law the following basic concepts are used:

1) risk analysis - the process consisting of three interconnected components: risk assessment, risk management and message on risk;

2) safe forages - forages which do not make adverse effect on health of animals and do not do the foodstuff received from animals to whom the forage and used for production of foodstuff of animal origin, dangerous to consumption by the person is fed;

3) wellbeing of animals - conditions in which there is animal, including systematic leaving, due feeding, proper rooms for content of animals, the prevention of diseases, humane treatment of animals, including during face;

4) withdrawal of forages - the actions sent on prevention and/or the termination of the appeal or demonstrations of dangerous forages;

5) production - any activities connected with creation of forages including all stages of engineering procedure, including primary production, preparation, mixing, processing, conversion, filling, packaging, recovery and other changes of condition of the corresponding object;

6) output forage - full-fledged forage, fodder mix, feed additive or the fodder material which is result of production of forage;

7) withdrawal of forages - the measures directed to return of the market of dangerous forages to the operator which are sold or transferred to the end user or which are available to the end user;

8) entrance forage - the raw materials used in production of forage such as fodder materials, feed additives, premixes, supportive applications for conversion;

9) hygiene of forages (hygienic requirements) - actions and the conditions necessary for control of dangerous factors and ensuring suitability of forages taking into account their use according to appointment;

10) economy - buildings, constructions, farms, any place in the territory of Ukraine where part and contain animals, sale, face, utilization and artificial insemination is carried out them, exhibitions of animals which owner can be any physical person or legal entity will be organized;

11) daily diet - average total quantity of forages, every day necessary for animal of the corresponding type, age category and performance for satisfaction all of them requirements, 12 percent estimated at the rate of moisture of forage;

12) additional forages - fodder mixes which have the high content of certain substances, but, considering their structure, are sufficient for daily diet of animals only on condition of their use together with other sterns;

13) pets are any unproductive animals who belong to those animal species which are raised, grown up and contain the person, but usually are not used for consumption by the person;

14) supportive applications for conversion - any substance which in itself is not forage, and is specially added in case of conversion of forages or fodder materials for the purpose of achievement of the technological purposes that can bring to inadvertent, but inevitable emergence of remaining balance of substances or their derivatives in ready-made product provided that such remaining balance does not make harmful effects on health of animals, people or condition of the surrounding environment and has no technological impact on ready-made product;

15) operational permission - the document of allowing nature which is issued by territorial authority of competent authority to the operator of the market by results of inspection of its capacity regarding its compliance to requirements of the legislation on sterns and certifies the right of the operator of the market to perform the activities for production and/or the address of forages determined by this Law on this capacity;

16) the label - the label, label, the mark, any other graphical or text information written, printed, put, including by means of cliche, stamping, stamping, engraving, per unit of packaging (container) with sterns or attached to it;

17) the polluted materials - the forage containing undesirable substances in the quantities exceeding the levels established by the legislation;

18) pollution - availability or emergence of dangerous factor in sterns;

19) pollutant - any biological substance, including organisms, microorganisms and their parts, or chemical, foreign impurity or other substance which unintentionally got to forages and poses safety hazard of forages;

20) milk substitute - fodder mix which is used in a dry form or after dissolution in certain amount of liquid for feeding of young animals as amendment or replacement after molozivny milk for feeding of the young animals, such as calfs, lambs or kids intended for face;

21) zootechnical additive - any additive which favorably influences indicators of productivity and physiological conditions of animals or is used for favorable impact on the environment;

22) the end user - legal entity or physical person which acquires forage not for its further realization;

23) koktsidiostatik and gistomonostatik - the substances intended for destruction or suppression of growth of protozoan organisms;

24) competent authority - the central executive body realizing state policy in the sphere of veterinary medicine;

25) forage - any substance or product, including the feed additives processed, partially processed or not processed, intended for feeding of animals;

26) the forage intended for the special nutritious purposes (except medical forages) - forage which can satisfy special nutritious needs of organism of animal thanks to its special structure or method of production which distinguishes it from regular forages;

27) fodder mix - the mix consisting at least of two fodder materials which are containing or not containing feed additives, intended for feeding to animals as polnoratsionny or additional forage;

28) fodder ingredient - fodder material, the feed additive permitted to use, the supportive applications for conversion permitted to use or any substance used for preparation of forages and which is not forbidden for use in sterns. Remaining balance of veterinary medicines and/or pesticides is not considered as fodder ingredients;

29) feed additives - substances, microorganisms or mixes, others than fodder material or premixes which are specially added to forage or water for the purpose of accomplishment of one or several of the following functions: satisfaction of nutritious needs of animals, ensuring beneficial effect on characteristics of forages, animal products, ecological consequences of livestock activities, performance and wellbeing of animals, in particular by influence on gastrointestinal flora and comprehensibility of forages or color of decorative small fishes and birds, implementation of koktsidiostatichesky or gistomonostatichesky action;

30) fodder materials - products of vegetable or animal origin in their natural state, fresh or tinned, and the products of their industrial conversion, and also the organic and inorganic substances which are containing or not containing the feed additives intended for feeding of animals it is direct or after conversion, for use in preparation of fodder mixes or as carriers for premixes;

31) No. 1206-IX Is excluded according to the Law of Ukraine of 04.02.2021

32) marking - assignment to forage of any words, signs for goods and services, the commercial (corporate) name, graphical representations or symbols by placement of this information on any medium which accompanies forage it is connected with it, in particular to packaging, the label, the instruction, the document, ring, collar or on the Internet, including in the advertizing purposes;

33) methodical instructions - approved according to the procedure, established by this Law, referral explanations on application of the legislation on sterns which are developed by associations of operators of the market and the forages connected with ensuring hygiene, development, implementation and application of the permanent procedures based on the principles of analysis system of dangerous factors and control in critical points (HACCP), traceability and markings of forages, implementation of other requirements of the legislation on sterns;

34) mineral forage - the additional forage containing at least 40 percent of crude ashes;

35) the minimum storage duration - the term during which on condition of observance of storage conditions the operator of the market which performs marking of forage, guarantees that the forage will keep the declared properties. If ingredients of forage have various minimum storage durations, the minimum storage duration of forage cannot exceed the smallest minimum storage duration from all ingredients of such forage;

36) National organization of Ukraine for veterinary medicines and feed additives - The state research control institute of veterinary medicines and feed additives or other public scientific institution authorized by competent authority to perform scientific assessment (examination) of feed additives the provision on which affirms the Cabinet of Ministers of Ukraine and is financed by means of the government budget;

37) dangerous factor - any physical, chemical, biological factor in stern or forage condition which can lead to harmful effects on health of animal or the person (in case of consumption of foodstuff of animal origin by it);

38) dangerous forages - forages which have or can have negative impact on health of animals and/or do the foodstuff received from animals to whom it is fed sterns and foodstuff of animal origin used for production, dangerous to consumption by the person;

39) incorrectly marked forage - forage which marking does not conform to the established requirements of the legislation on sterns;

40) the carrier - substance which is used only for dissolution, dilution, spraying or other change of physical condition of feed additive for the purpose of simplification of its application or use without change of its specific properties and functions and which does not carry out other technological appointment;

41) the address - realization and/or storage of forages for the purposes of realization, including the offer to realization. The actions directed to execution of the decision on conversion (change of the appointed use) withdrawal, response, utilization of forages are not considered as turnover;

42) packing unit - any packaging, including wrapper, irrespective of material and form which in parts or in full covers forages for their delivery as separate unit. The container may contain several packagings;

43) the operator of the market of forages (further - the operator of the market) - the legal entity or physical person performing production and/or the address of forages;

44) the special nutritious purpose - satisfaction of special nutritious needs of organism of animals in which processes of assimilation, absorption or metabolism are or could be temporary or irreversible weakened and which can benefit from consumption of the forages answering to their condition;

45) risk assessment - the evidence-based process consisting of identification of dangerous factor, the characteristic of dangerous factor, assessment of its influence and the characteristic of risk;

46) packaging - the room of forages in packing unit (container);

47) batch - any quantity of forage determined by the operator of the market with the identical name and properties made during the period of time determined by this operator under identical conditions of production on the same capacity;

48) primary production - products of primary production of forages;

49) primary production of forages - production of agricultural products, including cultivation, harvesting, milking, animal husbandry until face, or fishery which leads only to emergence of products which do not give in to other transactions after their procurement, collection or catching, except simple physical processing, such as cleaning, packaging, storage, natural drying or siloing (senazhirovaniye);

50) the message on risk - exchange of information and conclusions during all process of carrying out risk analysis of the dangerous factors and risks, factors connected with risk and awareness of risk between specialists in risk assessment, persons exercising risk management, consumers, operators of the market and other concerned parties;

51) polnoratsionny forages - fodder mix which thanks to the structure completely provides the needs of organism of animal for nutritious and biologically active agents and is sufficient for its daily diet;

52) nutritious additive - any substance added to forage with the nutritious purposes;

53) capacity - any constructions, buildings, rooms, the equipment and other means, including the vehicles, and also the territory used in production and/or the address of forages;

54) representation of forages - form, appearance, packaging, method and/or conditions of placement and demonstration of the forages offered to realization;

55) premix - mix of feed additives or mix of one feed additive (several feed additives) with fodder materials or water which are used as carriers, not intended for direct feeding of animals;

56) the program prerequisite - the main conditions and types of activity on safety of the forages necessary for maintenance of hygienic conditions on all production stages of forages;

57) traceability - opportunity to identify the operator of the market, time, the place, subject and other sales terms sufficient for establishment of origin of forages, the materials contacting to sterns or the substances intended for inclusion (or it is expected that they will be included) in forages on all production stages and addresses;

58) realization - sale, exchange, donation, alienation of other way irrespective of whether such alienation on paid basis is performed or it is non-paid;

59) referens-laboratory - the accredited laboratory authorized by competent authority to perform all necessary researches for determination of possibility of use of methods of the analysis of feed additives in sterns;

60) risk - possibility of adverse effect on health of the person and/or animal, and also extent of this influence which occurs from dangerous (dangerous) factor (factors) in sterns;

61) retail trade - sales activity of forages to the end user and any actions connected with it, in particular, the address, conversion, storage and the presentation of forages in places of their realization or delivery to the end user;

62) touch additive - any substance added to forage for improvement or change of its organoleptic properties (color, smell, taste) or visual characteristics of foodstuff of animal origin;

63) system of the analysis of dangerous factors and control in critical points (Hazard Analysis and Critical Control Points - NASSR) - the system which identifies estimates and controls dangerous factors which are determining for safety of forages;

64) the animals who are not intended for consumption by the person (unproductive animals) - animals who are grown up, raised and contain, but are not used for consumption by the person (animals for fur production, pets, animals, containing in laboratories, zoos and circuses);

65) the animals intended for production of foodstuff (the productive cattle) - animals who are grown up, fattened and intend for production of foodstuff for consumption by the person including animals who are not used for consumption by the person, but belong to types which can be consumed by the person;

66) technological additive - any substance added to forage with the technological purposes;

67) fur animals are any unproductive animals who are raised, grown up and contain for production of fur and are not used for consumption by the person.

2. Other terms provided in this Law are applied in the values determined by the laws of Ukraine "About veterinary medicine" and "About the state control of compliance with law about foodstuff, stern, by-products of animal origin, health and wellbeing of animals". The term "resident" is used in the value determined by the Tax code of Ukraine.

Article 2. Legislation on sterns

1. The legislation on sterns consists of the Constitution of Ukraine, this Law, the laws of Ukraine "About veterinary medicine", "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals" and other acts of the legislation issued according to this Law.

2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those which are stipulated by the legislation about sterns are applied rules of the international treaty.

Article 3. Law coverage

1. Operation of this Law extends to the public relations between operators of the market and public authorities on safety of forages at stages of their production, the address and use, in particular by ensuring proper hygiene, marking, packaging, representation of forages, and also proper practice of feeding of productive animals.

2. Operation of articles 11, of 12, of 14, of 15, and also Sections VI, VII of this Law does not extend on:

1) own production of forages for the productive animals containing for the purpose of production of foodstuff for own consumption and also on own production of forages for unproductive animals;

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