RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of February 12, 2005 No. 27

About approval of Rules of withdrawal, neutralization or destruction of foodstuff, unsuitable to the use

For the purpose of ensuring execution of the fifth paragraph of Item 2 of the Presidential decree of the Azerbaijan Republic "About additional measures in connection with application of the Law of the Azerbaijan Republic "About foodstuff" of October 23, 2003 969, the Cabinet of Ministers of the Azerbaijan Republic decides No.:

1. Approve "Rules of withdrawal, neutralization or destruction of foodstuff, unsuitable to the use" (are applied).

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of February 12, 2005 No. 27

Rules of withdrawal, neutralization or destruction of foodstuff, unsuitable to use

1. These rules are prepared in pursuance of the Presidential decree of the Azerbaijan Republic "About additional measures in connection with application of the Law of the Azerbaijan Republic "About foodstuff" of October 23, 2003 No. 969 and determine withdrawal, neutralization or destruction of the foodstuff which are not meeting standards and the requirements, with overdue expiration date, made with use of genetically modified plants, or the agricultural plant materials created by modern biotechnology methods and methods of genetic engineering or genetic materials of genetically modified plants by results of the corresponding check and examination when implementing the powers by the Ministry of Economics of the Azerbaijan Republic, the Ministry of Health of the Azerbaijan Republic, the Ministry of Agriculture of the Azerbaijan Republic, the Ministry of Ecology and Natural Resources of the Azerbaijan Republic State Customs Committee of the Azerbaijan Republic and State Committee on standardization, metrology and patent of the Azerbaijan Republic.

2. The decision on withdrawal, neutralization or destruction of the foodstuff which is not meeting standards and the requirements, with overdue expiration date, made with use of genetically modified plants, or the agricultural plant materials created by modern biotechnology methods and methods of genetic engineering or genetic materials of genetically modified plants is taken out after the corresponding check and examination of product.

3. The decision on withdrawal, neutralization or destruction of foodstuff, unsuitable to the use, is accepted by the bodies performing functions of the state control in this industry.

4. Check and expertize of foodstuff by state control bodies is carried out in the following cases:

4.1. based on reasonable appeals of state bodies, legal entities and physical persons;

4.2. in case of food poisonings or different infections among the population;

4.3. in case of control by state control bodies.

5. Check and examination of samples of the foodstuff which is selected by the authorized person who is carrying out the state control is performed in accredited relevant laboratories or other organizations.

6. When conducting check and examination are guided by the standards and requirements regulating production, storage, transportation and sales terms of foodstuff.

7. Checks and examinations for quality evaluation and safety of foodstuff are carried out by the approved techniques and the corresponding instructions.

8. In case of lack of the relevant documents on indicators of quality and safety of the foodstuff which is selected for check and examination stipulated by the legislation, are guided by standards and requirements of foodstuff.

9. Results of checks and examinations of foodstuff are documented in accredited relevant laboratories or other organizations.

10. During the checking and examination the following conditions of foodstuff are determined:

10.1. suitability for food of people;

10.2. conditional suitability; unfitness to direct use for food of people; these products can be directed as raw materials for conversion at certain companies;

10.3. unfitness for food of people; these products are destroyed, or can be used on forage to the cattle.

11. The foodstuff recognized by results of check and examination unsuitable to use or conditionally unsuitable is withdrawn from circulation based on the decision of relevant organ of the state control.

12. The withdrawn foodstuff before sending for forage to the cattle, conversion or destruction undertakes on special accounting, with exact specifying of weight, and is stored separately.

Responsibility for safety and use of this product in the provided procedure is born by the owner of product.

13. The direction for conversion or on forage to the cattle of the withdrawn foodstuff is performed from consent and with the assistance of relevant organs of the state control by owners of product or the legal entities and physical persons authorized by them under the agreement.

14. The document on further fate of goods is provided to state control body by the owner of product who made the decision.

15. In case of impossibility of industrial conversion of the foodstuff or raw materials recognized unsuitable for food of people, impossibility of their use on forage to the cattle, this foodstuff or raw materials, including the foodstuff made with use of genetically modified plants, or the agricultural plant materials created by modern biotechnology methods and methods of genetic engineering or genetic materials of genetically modified plants are destroyed.

15.1. Destruction of the foodstuff or raw materials which are under customs control and recognized unsuitable is performed on statutory rules from consent and under control of customs authorities based on requirements of the customs legislation.

16. The products posing microbiological threat before destruction shall be neutralized.

17. In case of receipt of the claim within 5 days after decision making about destruction of foodstuff if the product or raw materials do not pose sanitary and epidemiologic and epizootic threat, their destruction stops. Consideration of the claim is performed by rules, stipulated by the legislation.

18. Destruction of products (burning, instillation) is performed and drawn up in the presence of specialists of the state control bodies which made the decision on destruction and the owner of product or its authorized person.

19. All expenses connected with withdrawal, neutralization or destruction, storage and transportation of foodstuff, unsuitable for use, are born by the owner of product if in the legislation other is not provided.

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