RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 26, 2006 No. 1023

About implementation of article 28 of the Law of Ukraine "About safety and quality of foodstuff"

According to article 28 of the Law of Ukraine "About safety and quality of foodstuff" the Cabinet of Ministers of Ukraine decides:

1. Approve applied:

Procedure for reference of foodstuff to category of foodstuff of special dietary consumption, functional foodstuff and dietary additives;

Procedure for carrying out state registration of foodstuff of special dietary consumption, functional foodstuff and dietary additives.

2. Determine that certificates on state registration and the conclusions of the state sanitary and epidemiologic examination of foodstuff of special dietary consumption, functional foodstuff and dietary additives are effective to the term specified in them.

3. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of July 30, 1998 N1187 "About Approval of the Procedure for Reference of Foodstuff to Category of Special" (The Official Bulletin of Ukraine, 1998, N 30, the Art. 1140);

the resolution of the Cabinet of Ministers of Ukraine of July 23, 2004 N942 "About Approval of the Procedure for Carrying Out State Registration of Special Foodstuff and the Conclusions of the State Sanitary and Epidemiologic Examination on Food Products" (The Official Bulletin of Ukraine, 2004, N 30, the Art. 2007).

4. This resolution becomes effective since September 1, 2006.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 26, 2006, No. 1023

Procedure for reference of foodstuff to category of foodstuff of special dietary consumption, functional foodstuff and dietary additives

1. This Procedure determines the procedure of reference of foodstuff to category of foodstuff of special dietary consumption, functional foodstuff and dietary additives (further - special foodstuff).

2. In this Procedure terms are used in the value given in the Law of Ukraine "About safety and quality of foodstuff".

3. The examination connected with reference of foodstuff to category of special is carried out by the organizations and institutions of the public sanitary and epidemiologic service (daleeekspertny organizations) authorized by the chief state health officer of Ukraine.

4. For performance of works on reference of foodstuff to category special the producer or the supplier (further - the customer of works) files in MZ statement in which are specified:

1) the name (general and own) foodstuff, the trade name original language, in the Ukrainian and English languages;

2) the applicant's details (country of incorporation of the applicant, the address, phone, the telefax, the e-mail address, bank details, registration number - for the foreign applicant, code according to EGRPOU - for resident);

3) details of the customer of works (country of incorporation of the customer of works, the address, phone, the telefax, the e-mail address, bank details, registration number - for the foreign customer of works, code according to EGRPOU - for resident);

4) the document on powers of the applicant to represent the customer of works (if the customer is not producer or the supplier);

5) code according to UKTVED - for the imported products or according to DKPP - for the regulating documentation and domestic production.

5. On reference of foodstuff to category of special are enclosed to the application for performance of works:

1) the explanatory note which contains data on the name, structure and purpose of foodstuff, its special properties and recommendations of the producer concerning its consumption;

2) the regulating documentation, the technological instruction with compoundings (or draft documents), the act of inspection of production by the public sanitary and epidemiologic service - for products of national production;

3) official documents of the manufacturing country which certify obligatory parameters of safety, the minimum specifications of quality, data on specific action of product (the certificate, the declaration of the producer, the registration certificate, data on registration in the manufacturing country or other similar documents from the manufacturing country) - for products which are imported;

4) the text of marking of foodstuff in Ukrainian;

5) declaration of the producer;

6) the scientific report, results of researches, in particular special (in case of their carrying out), issued by the organizations authorized by the chief state health officer of Ukraine on the right of implementation of such works;

7) foodstuff sample.

The statement makes sure the signature of the customer of works and seal (if the customer is legal entity). All documents are filed in one copy.

The customer bears responsibility for reliability of documents.

It is forbidden to demand from the applicant the documents which are not provided by this Procedure.

6. Reference of foodstuff to category of special is performed by MZ by conducting the state sanitary and epidemiologic examination by results of which the conclusion which affirms the chief state health officer of Ukraine (his deputy) is constituted.

The positive conclusion is the basis for state registration of special foodstuff.

7. Foodstuff cannot be referred to category special in case of its discrepancy to obligatory parameters of safety and to the minimum specifications of quality.

8. After receipt of the documents specified in items 4 and 5 presents About (further - documents), with the direction signed by the chief state health officer of Ukraine (his deputy), the expert organization within three working days reports to the customer of works that it will carry out expertize and sends the draft of the relevant agreement.

The research of special properties, efficiency evaluation of special foodstuff are conducted based on the agreement signed by the customer and expert organization.

9. The expert organization for the purpose of reference of foodstuff to category of special studies documents, conducts the corresponding researches, estimates special properties of product, analyzes recommendations of the producer concerning its consumption and prepares the report concerning possibility of reference of foodstuff for category special which is signed by the head of expert organization. Based on the report the draft of the conclusion of the state sanitary and epidemiologic examination (daleezaklyucheniye) signed by the specified head is constituted.

In the conclusion surely it is specified that the text of marking which is given in appendix affirms.

The assortment list of any category of special foodstuff is also given in appendix to the conclusion.

10. Sampling of foodstuff is drawn up by the act.

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