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Ministry of Justice of Ukraine

June 11, 2021

No. 785/36407

ORDER OF THE MINISTRY OF DEVELOPMENT OF ECONOMY, TRADE AND AGRICULTURAL INDUSTRY OF UKRAINE

of April 29, 2021 No. 893-21

About approval of the Procedure for destruction, the special address and change of the appointed use of loads which are imported (are sent) on customs area of Ukraine which do not correspond to the legislation

According to part fourteen of article 54 of the Law of Ukraine "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals", to Item 9 of the Regulations on the Ministry of development of economy, trade and the agricultural industry of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 459 (in edition of the resolution of the Cabinet of Ministers of Ukraine of February 17, 2021 to No. 124), I ORDER:

1. Approve the Procedure for destruction, the special address and change of the appointed use of loads which are imported (are sent) on customs area of Ukraine which do not correspond to the legislation which is applied.

2. To provide to management of state policy in the field of sanitary and phytosanitary measures in the procedure established by the legislation submission of this order on state registration in the Ministry of Justice of Ukraine.

3. This order becomes effective from the date of its official publication.

4. To impose control of execution of this order on the deputy minister of development of economy, trade and agricultural industry of Ukraine according to distribution of obligations.

Minister of development of economy, trade and agricultural industry of Ukraine

I. Petrashko

 

It is approved:

Chairman of the Public regulatory service of Ukraine

 

A. Kucher

The chairman of Public service of Ukraine on safety issues of foodstuff and consumer protections

V. Magaletskaya

Minister of Finance of Ukraine

S. Marchenko

First Deputy Minister of digital transformation of Ukraine

A. Vyskub

Chairman of the State Customs Service of Ukraine

P. Ryabikin

Approved by the Order of the Ministry of development of economy, trade and agricultural industry of Ukraine of April 29, 2021, No. 893-21

The procedure for destruction, the special address and change of the appointed use of loads which are imported (are sent) on customs area of Ukraine which do not correspond to the legislation

1. This Procedure determines the sequence of actions of the state inspectors (the state veterinary inspectors), the operators of the market and persons responsible for load (further - the owner of load), in case of detection of discrepancy of these loads to the legislation on foodstuff, sterns, by-products of animal origin, health and wellbeing of animals (further - the legislation of Ukraine) and decision makings about their destruction, the special address and change of the appointed use.

2. In this Procedure the term "destruction" is used in the value determined by the Law of Ukraine "About retirement, conversion, utilization, destruction or further use of low-quality and dangerous products".

Other terms are used in the values determined by the Laws of Ukraine "About the basic principles and requirements to safety and quality of foodstuff", "About veterinary medicine", "About the by-products of animal origin which are not intended for consumption by the person" and "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals".

3. If by results of measures of the state cargo control which is imported it (is sent) on customs area of Ukraine, its discrepancy to the legislation is found, the state inspector (the state veterinary inspector) carries out detention of such load, fills the corresponding part of the general document for import (the general veterinary document for import) and/or takes the measures provided by parts two - the twelfth article 54 of the Law of Ukraine "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals".

4. The state inspector (the state veterinary inspector) after consultations with the owner of load notifies customs authority on the decision on the direction of load on capacity of conversion, processing and/or destruction of the corresponding products, foodstuff of not animal origin or forages of not animal origin which have operational permissions or state registration, by the introduction on the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" of the relevant information in electronic form certified by the qualified digital signature.

5. The state inspector (the state veterinary inspector) within one working day in electronic or paper (if necessary) form notifies territorial authority of Gosprodpotrebsluzhby in which zone of servicing there are capacities of conversion, processing and/or destruction of products on the made decision.

6. With load and change of purpose of use of load the following measures under control of the state inspector (the state veterinary inspector) can include the special address:

1) processing or conversion, including disinfecting, products, foodstuff of not animal origin and forages of not animal origin for their reduction in compliance with the legislation of Ukraine or to requirements of the exporting country;

2) conversion of foodstuff or forages by any acceptable method for other purpose, than consumption by the person or animal.

Change of purpose of use of loads with animal products is possible on condition of further use of these products as the by-products of animal origin belonging to II and III categories according to the Law of Ukraine "About the by-products of animal origin which are not intended for consumption by the person".

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