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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 31, 2018 No. 896

Some questions of implementation of planned actions of the state control by Public service for safety issues of foodstuff and consumer protection

According to Item 5 parts one of Article 5, to article 18 of the Law of Ukraine "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals", to the Law of Ukraine "About veterinary medicine" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for determination of frequency of implementation of planned actions of the state control of compliance of activities of operators of the market (capacities) to requirements of the legislation on foodstuff, sterns, health and wellbeing of animals who are performed by Public service on safety issues of foodstuff both consumer protections, and criteria by which the risk degree from its implementation which are applied is evaluated.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of June 17, 2015 No. 402 "About approval of criteria by which the risk degree from implementation of economic activity which is subject to the state veterinary health control and supervision is evaluated and frequency of holding planned actions of the state supervision (control) by the Public veterinary and phytosanitary service is determined" (The Official Bulletin of Ukraine, 2015, No. 50, the Art. 1604).

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 31, 2018 , No. 896

Procedure for determination of frequency of implementation of planned actions of the state control of compliance of activities of operators of the market (capacities) to requirements of the legislation on foodstuff, sterns, health and wellbeing of animals who are performed by Public service on safety issues of foodstuff both consumer protections, and criteria by which the risk degree from its implementation is evaluated

1. These the Procedure and criteria establish the procedure of determination of frequency of implementation of planned actions of the state control in the form of inspection and compliance audit of activities of operators of the market (capacities) to requirements of the legislation on forage foodstuff, health and wellbeing of animals (further - planned actions of the state control) which are performed by Gosprodpotrebsluzhboy.

2. In these the Procedure and criteria terms are used in such value:

audit - systematic and independent studying of certain action for the purpose of determination of whether there correspond such activities and the related results to the planned actions, and such measures are implemented productively and method which allows to achieve effective objective;

the operator of capacities - physical person or legal entity which performs the activities provided by the Law of Ukraine "About veterinary medicine", using capacities (objects) belonging to it on the property rights or uses;

the operator of the market of foodstuff (further - the operator of the market) - the subject of managing performing activities with the purpose or without the purpose of profit earning and in which management there are capacities on which primary production, production, realization and/or the address of foodstuff and/or other objects of sanitary actions (except the materials contacting to foodstuff) and which is responsible for fulfillment of requirements of the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff" is performed.

Other terms provided in these the Procedure and criteria are used in the value given in the Laws of Ukraine "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals" and "About veterinary medicine".

3. Criteria by which the risk degree from implementation of economic activity is evaluated are:

the certain risks connected with animals, foodstuff, sterns, operators of the market (capacities), use of foodstuff or forages, processes, materials, substances, carrying out activities or transactions which can make negative impact on safety of foodstuff and/or forages, health and wellbeing of animals;

results of implementation of the previous actions of the state control;

efficiency of the procedures applied by the operator of the market (capacities) for the purpose of compliance with law about foodstuff, sterns, health and wellbeing of animals;

information which can confirm discrepancy of economic activity to requirements of the legislation on foodstuff, sterns, health and wellbeing of animals.

4. Frequency of implementation of planned actions of the state control in the field of safety and separate quality factors of foodstuff is determined on the basis risk - the oriented approach according to appendix 1.

5. Frequency of implementation of planned actions of the state control in the field of veterinary medicine is determined on the basis risk - the oriented approach according to appendix 2.

6. If capacity corresponds at the same time to several indicators (characteristics) of criterion, to it the highest point from among the corresponding indicators (characteristics) is charged.

7. On the basis of the added score each capacity (object) according to scale of points belongs to certain risk degree:

from 90 points and more - to very high risk;

from 70 to 89 points - high risk;

from 40 to 69 points - to average risk degree;

from 21 to 39 points - to low risk degree;

from 0 to 20 points - to insignificant risk degree.

8. Planned actions of the state control are performed with such frequency:

with very high risk - inspection - no more than four times a year, audit - no more once a year;

with high risk - inspection - no more than three times a year, audit - no more once a year;

with average risk degree - inspection - is no more than two times in year, audit - no more once a year;

with low risk degree - inspection - no more once a year, audit - no more once in two years;

with insignificant risk degree - inspection - no more once in two years, audit is not booked.

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