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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 15, 2019 No. 23

About procedure for confirmation of data on the special and (or) declared properties of food staples and foodstuff

(as amended of the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2022 No. 175)

Based on the paragraph of the seventh No. 217-3 "About quality and safety of food staples and foodstuff for life and health of the person" the Council of Ministers of the Republic of Belarus DECIDES: parts one of article 6 of the Law of the Republic of Belarus of June 29, 2003

1. Approve Regulations on procedure for confirmation by legal entities, individual entrepreneurs of data on the special and (or) declared properties of food staples and foodstuff submitted for marking it (is applied).

2. No. 175 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2022

3. This resolution becomes effective since January 29, 2019.

Prime Minister of the Republic of Belarus

S. Rumas

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 15, 2019 No. 23

Regulations on procedure for confirmation by legal entities, individual entrepreneurs of data on the special and (or) declared properties of food staples and foodstuff submitted for marking

1. This Provision determines procedure for confirmation of data on special properties (special nutritive properties, indications, contraindications to application by separate age groupes of the population, and also in case of separate types of diseases) food staples and foodstuff, including dietary supplements to food, the declared properties of the specialized foodstuff submitted for marking (further – data on special properties).

2. Requirements of this provision extend on legal entities and the individual entrepreneurs performing production and (or) turnover of food staples and foodstuff (further – subjects of managing).

3. For the purposes of this provision the main terms and their determinations in the values established By the law the Republic of Belarus of June 29, 2003 No. 217-Z "About quality and safety of food staples and foodstuff for life and health of the person" are used.

4. For consideration of question of confirmation of data on special properties by the Ministry of Health the commission on assessment of the data containing information about special and (or) the declared properties of food staples and foodstuff submitted for marking is created (further – the commission), its structure and operating procedure affirm.

Implementation of confirmation of data on special properties (special nutritive properties, indications, contraindications to application by separate age groupes of the population, and also in case of separate types of diseases) food staples and foodstuff, including dietary supplements to food, the declared properties of the specialized foodstuff submitted for marking is preceded by organizational and technical works, connected:

with check of completeness, relevance, correctness of document creation, specified in Item 5 of this provision;

with the direction of document package to the corresponding external experts (specialists) for conducting examination on availability (absence) of scientific or laboratory confirmations of the declared information;

with receipt of the expert opinions prepared by external experts;

with the direction of the documents submitted by the subject of managing, and expert opinions to members of the commission;

with the organization and technical supply of carrying out commission session;

with execution of the minutes of the commission;

with issue of result of ministerial procedure to the subject of managing.

Documents acceptance and organizational and technical works are carried out by public institution "Republican center of hygiene, epidemiology and public health" (further – organization).

Organizational and technical works are performed based on the agreement signed between organization and the subject of managing.

The amount of payment for implementation of organizational and technical works is determined based on economically reasonable costs connected with carrying out such works if other is not provided by legal acts.

5. For confirmation of data on special properties (special nutritive properties, indications and contraindications to application separate age groupes of the population, and also in case of separate types of diseases) food staples and foodstuff, including dietary supplements to food, the declared properties of the specialized foodstuff submitted for marking, the interested person submit the following documents:

statement;

reasons for the declared properties of products (goods) on the basis of the available scientific evidences given with transfer (in the presence) for its application constituted on the basis of the International Statistical Classification of the diseases and problems connected with health, the tenth review;

the original or the copy of the document of the manufacturer containing information on the structure of products (goods) concerning physiological role of this substance or acknowledged dependence between food allowance and health, to positive action of product or acknowledged dependence between the use of these products (goods) and improvement of the state of health;

the original or the copy of the materials confirming on evidential basis special properties of food products (goods) or dependence between consumption of food products (goods) and the proved positive effect rendered in case of specific conditions of organism, possibility of use of products (goods) in case of certain diseases (for products (goods) for special power supply and products (goods) for the special medical purposes);

the copy of the expert opinion of the competent organizations of health care (other competent authorities) of foreign states certified in accordance with the established procedure (for products (goods) with special properties).

6. Following the results of holding meeting the commission can accept one of the following decisions:

about confirmation of data on special properties;

about non-confirmation of data on special properties.

The specified decision is made by a simple majority vote by open voting and drawn up by the protocol with reflection of opinion of all present members of the commission. The protocol is signed by the chairman and the secretary of the commission. In case of equal number of votes the decision for which the commission chairman voted is deemed accepted.

Commission session is considered competent if at it there are at least two thirds of members of the commission.

The decision of the commission can be appealed according to the procedure, stipulated by the legislation about ministerial procedures.

7. On the decision made by the commission subjects of managing in writing are notified by the Ministry of Health in time, No. 433-Z provided in article 27 of the Law of the Republic of Belarus of October 28, 2008 "On bases of ministerial procedures".

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