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LAW OF UKRAINE

of December 23, 1997 No. 771/97-BP

About the basic principles and requirements to safety and quality of foodstuff

(as amended on 20-09-2019)

This Law governs the relations between executive bodies, operators of the market of foodstuff and consumers of foodstuff and determines procedure for safety and separate indicators of quality of foodstuff which are made, are in circulation, are imported sent) on customs area of Ukraine and/or exported sent) from it.

Section I General provisions

Article 1. Terms and their determinations

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

1) the agrofood market - subject of managing which creates proper conditions for realization (wholesale) of agricultural products, including foodstuff, on specially equipped and allocated places according to the law;

2) it is excluded;

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

4) it is excluded;

5) fragrances - products, except for those which have exclusively sweet, sour or salty taste which are not used separately and are added to foodstuff for the purpose of provision by it of aroma and/or taste, or modification of aroma and/or taste and may contain foodstuff and/or fragrances, and/or nutritional supplements. Aromatic substances, aromatic medicines, thermally processed fragrances, fragrances koptilny, predecessors of aroma, and also other fragrances and their mixes which do not fall under the specified categories belong to fragrances;

6) it is excluded;

7) safe foodstuff - foodstuff which does not make harmful effects on health of the person and is suitable for consumption;

8) it is excluded;

9) withdrawals of foodstuff - the measures directed to prevention of distribution, demonstration or the offer of dangerous foodstuff to consumers;

10) production - the activities connected with production of objects of sanitary actions including all stages of engineering procedure, namely primary production, preparation, mixing and procedures connected with it, processing, filling, packaging, conversion, recovery and other changes of condition of object;

11) withdrawal of foodstuff - the measures directed to return of dangerous foodstuff which is sold or transferred to the consumer or which is available to the consumer;

12) relevant international organizations - The World Health Organization (WHO), the Commission on the Code Alimentarius, the International Epizootic Bureau (IEB) and other international organizations which develop recommendations, instructions, standards, other documents concerning health protection and life of people from the risks connected with the use of foodstuff, and also other separate indicators of quality of foodstuff;

13) water sea net - the natural, artificial or purified sea water which is not containing the polluting microorganisms or toxic sea plankton in the quantities capable to affect directly or indirectly suitability of foodstuff;

14) drinking water - the foodstuff suitable for consumption by the person;

15) clear water - water sea net or fresh water which corresponds to indicators of safety of water of sea net;

16) hygienic requirements - measures and the conditions necessary for management of dangerous factors and ensuring suitability of foodstuff for consumption by the person taking into account their proper use;

17) it is excluded;

18) it is excluded;

19) it is excluded;

20) dietary additive - the foodstuff consumed in small certain amounts in addition to regular diet which is the concentrated source of nutrients including proteins, fats, carbohydrates, vitamins, mineral substances (this list is not exclusive), and is made in the form of tablets, capsules, dragee, powders, liquids or other forms;

21) auxiliary material for conversion - any material, except for materials of which the equipment and stock which are not consumed in food in itself is manufactured and are used in case of production or conversion of foodstuff or its components for achievement of particular production purpose what presence of remaining balance or forming of derivative substances at final foodstuff is result of;

22) 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 and certifies the right of the operator of the market to perform the activities for production and/or storage of foodstuff of animal origin determined by this Law;

23) No. 2639-VIII is excluded according to the Law of Ukraine of 06.12.2018;

24) pollution - availability or emergence of dangerous factor in foodstuff;

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

26) the interested trading partner - the state and other subject of international law who is participant of multilateral and/or bilateral agreements which participant is also Ukraine, regulating application of sanitary measures, and also the member of relevant international organizations which include Ukraine;

27) institution of public catering - restaurant, bar, cafe, the dining room, snackbar, pizzeria, cookery, restaurant or other institution, irrespective of territorial signs (place) of implementation of economic activity on public catering and degree of availability of food to any persons;

28) No. 2639-VIII is excluded according to the Law of Ukraine of 06.12.2018;

29) No. 2639-VIII is excluded according to the Law of Ukraine of 06.12.2018;

30) the final consumer - the consumer who uses foodstuff only for own consumption;

31) competent authority - the central executive body realizing state policy in the sphere of safety and separate indicators of quality of foodstuff;

32) component - set of ingredient (ingredients) and substance (substances);

33) corrective action - action which is determined and performed for the purpose of elimination of the reason of the revealed discrepancy;

34) correction - action which is determined and performed for the purpose of elimination of the revealed discrepancy, including the address with dangerous foodstuff, directed to non-admission of their consumption by the person;

35) the maximum limit of remaining balance (the most admissible level of remaining balance) - the most admissible content in foodstuff of certain substance, including pesticides, veterinary medicines, feed additives, remaining balance of auxiliary material for conversion and other chemical or biological substance which consciously is applied and/or required by technology of cultivation, storage, transportation, production of foodstuff and their remaining balance, including derivatives of such substance, such as products of conversion of metabolism, the reactions having toxicological value and are dangerous to human body in case of excess of their most admissible content in foodstuff which is consumed by people;

36) the most admissible level - the maximum admissible content (concentration) of pollutant in foodstuff which is admissible for such product;

37) low powers - capacities which deliver food to the final consumer have no more than ten people of working personnel, occupy the space no more than 400 sq.m, or capacities which do not deliver food to the final consumer and have no more than five people of working personnel;

38) No. 2639-VIII is excluded according to the Law of Ukraine of 06.12.2018;

39) methodical instructions - the installations on accomplishment of general hygienic requirements, and also other requirements determined by the legislation on safety and separate indicators of quality of foodstuff developed by associations of operators of the market and approved by relevant organ of the government;

40) it is excluded;

41) international standards, instructions and recommendations - the standards, instructions, recommendations and documents of other type in the sphere of sanitary and phytosanitary actions developed and approved by relevant international organizations;

42) the proper level of protection of human health - the protection level which is considered sufficient when implementing sanitary measures for protection of health and life of people from adverse effect on which such sanitary measures, in particular acceptable risk level of approach of harmful effects are developed;

43) dangerous factor in foodstuff - any chemical, physical, biological factor of foodstuff or its condition that can give harmful effects on health of the person;

44) dangerous foodstuff - foodstuff that is unhealthy and/or unsuitable for consumption.

In case of installation of danger of foodstuff are considered:

usual conditions of use of foodstuff by the consumer, each stage of its production, conversion and address;

information on foodstuff provided to the consumer, in particular by specifying in marking, and another public to the consumer information on avoidance of the consequences, negative for health, connected with foodstuff or category of foodstuff.

In case of installation of harm of foodstuff for health are considered:

possible short-term or long-term influence of foodstuff on health of the person who consumes it, and on future generations;

possible accumulative effect of toxicity;

special sensitivity of organism of separate category of consumers if foodstuff is intended for this category of consumers;

45) it is excluded;

46) the processed foodstuff - foodstuff which was not exposed to conversion, except separation into parts, cuttings, allocations of bones, rubleniye, withdrawal pains, removal of skin, cleaning, trimming, removal of shell or other cover, chilling, freezing and defrosting;

47) incorrectly marked foodstuff - foodstuff which marking does not conform to requirements of the legislation;

48) unsuitable foodstuff - the foodstuff containing foreign substances and/or objects which is damaged in a different way and/or spoiled as a result of mechanical and/or chemical, and/or microbic factors.

The unsuitable product, in case of consumption to destination in case of usual conditions of such consumption, has no harmful effects on health of the person;

49) the latest foodstuff or ingredient - foodstuff or ingredient which significantly differs from the regular foodstuff or ingredients which are present at the market which shall be estimated from the point of view of its influence on health of the consumer;

50) objects of sanitary actions - foodstuff, auxiliary materials for conversion, the objects and materials contacting to foodstuff;

51) the address - realization and/or storage of foodstuff for the purposes of realization, including the offer to realization and/or other form of transfer, realization, distribution or any other form of transfer irrespective of its implementation on paid or free basis. The actions connected with the direction for conversion (change of the appointed use), withdrawal and/or response and/or utilization of foodstuff are not considered as turnover;

52) the equipment and stock - the equipment, machines, kitchen appliances, the kitchen equipment, tableware, tools and other means which surfaces directly contact to foodstuff during its production and the address;

53) packing unit - any packaging, including wrapper, irrespective of material and form which in parts or in full covers foodstuff for its delivery as separate unit (the container may contain several packagings). Unit (part) of product isolated from other part by packaging material for the technological purposes is not considered packing unit (prevention of adhesion, to freezing, hashing of parts of products among themselves), and also packagings, is laying element in institutions of public catering;

54) separate indicators of quality of foodstuff - indicators and/or properties of foodstuff applied to accomplishment of one or several tasks:

department of traditional foodstuff from other foodstuff;

establishment of requirements to products for baby food, for foodstuff for the special medical purposes, and also for foodstuff which is complete replacement of regular foodstuff for control of weight;

informing consumers on properties of foodstuff, including by its marking;

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