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of November 30, 2018 No. 306

About safety of foodstuff

The parliament adopts this organic law.

This law shifts in the national legal system of provision:

- Regulations (EU) of the European Parliament and the EU Council No. 178/2002 of January 28, 2002 about establishment of the general principles and requirements of the food legislation, about organization of the European body for safety of foodstuff and about establishment of procedures in the field of safety of foodstuff, the European Union published in the Official magazine of L 31 of February 1, 2002, with the last changes made by Regulations (EU) 2017/745; and

- Regulations (EU) of the European commission No. 931/2011 of September 19, 2011 about enforcement of requirements to traceability of the foodstuff of animal origin established in Regulations (EU) of the European Parliament and EU Council No. 178/2002, published in the Official magazine L 242 of September 20, 2011.

Chapter I General provisions

Article 1. Purpose, tasks and scopes of this law

(1) the Purpose of this law is achievement of high level of health protection of people and consumer interests concerning safety of foodstuff, in view of variety of supply with foodstuff, including traditional, providing effective functioning of the national market.

(2) For goal achievement, the provided part (1), this law:

a) establishes the general principles of regulation of area of foodstuff and forages for animals in general and their safety in particular;

b) establishes and determines competences of the National agency by safety of foodstuff concerning safety of foodstuff and forages for animals on all food chain;

c) establishes and determines competences of the Ministry of Health, work and social protection concerning public health and supervision of some categories of the foodstuff influencing health of the population within the powers established present by the law;

d) establishes the rights and obligations of the operators of the food sector participating in production, conversion, storage, transportation, distribution and sale of foodstuff and forages for animals;

e) strengthens the legal and institutional base concerning safety of foodstuff and forages for animals.

(3) the Main objectives of regulation in the food sector are:

a) protection of life and human health, consumer interests, prevention of cases of fraud or deception, falsification of foodstuff;

b) use of the basic principle of policy in the field of safety of foodstuff - "from pitchfork to fork";

c) ensuring fair practice of trade in foodstuff, in view of health and welfare of animals, health of plants and environmental protection;

d) promotion of trade between the Republic of Moldova and other countries the foodstuff conforming to requirements of this law.

(4) Provisions of this law are applied at all stages of food chain.

(5) This law is applied to all foodstuff, including to the enriched products, additives to food and other types of the foodstuff intended for introduction on the domestic market.

(6) In departure from parts (4) and (5) this law does not extend to primary production intended for house consumption or to the foodstuff made, processed or which are stored for house consumption.

Article 2. Basic concepts

For the purpose of application of this law, the following basic concepts are determined:

food supplement - any substance which is usually not consumed as foodstuff and not used as characteristic ingredient of foodstuff, having or not having nutritional value which deliberate addition in the technology purposes in process of their production brings into foodstuff or reasonably is considered that can lead to the fact that substance or its by-products become directly or indirectly component of such foodstuff;

foodstuff of animal origin - the foodstuff containing animal products (the raw materials and products received from animals, birds, fishes, bees and aquatic organisms) or almost entirely consisting of such products;

foodstuff of not animal origin - plants and vegetable products intended for consumption by the person, such as fresh and tinned vegetables, including potatoes and sugar beet, fresh and tinned fruit, seeds of vegetable, oil-bearing, leguminous crops, cereal products, seasonings, fats and vegetable oil of origin, sweet, alcoholic and soft drinks, chewing gum, the processed foodstuff other than animal products, additives to food and nutrients;

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