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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 9, 2022 No. 102

About approval of the Procedure for determination of frequency of implementation of planned actions of the state control of compliance of activities of operators (capacity) to requirements of the legislation in the sphere of organic production, the address and marking of organic products which are performed by Public service on safety issues of foodstuff and consumer protections, and criteria by which the risk degree from implementation is estimated

According to Item 5 parts one of article 5 of the Law of Ukraine "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, and wellbeing of animals" the Cabinet of Ministers of Ukraine decides health:

Approve the Procedure for determination of frequency of implementation of planned actions of the state control of compliance of activities of operators (capacity) to requirements of the legislation in the sphere of organic production, the address and marking of organic products which are performed by Public service on safety issues of foodstuff both consumer protections, and criteria by which the risk degree from implementation which are applied is estimated.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 9, 2022, No. 102

Procedure for determination of frequency of implementation of planned actions of the state control of compliance of activities of operators (capacity) to requirements of the legislation in the sphere of organic production, the address and marking of organic products which are performed by Public service on safety issues of foodstuff both consumer protections, and criteria by which the risk degree from implementation is estimated

1. These the Procedure and criteria establish the procedure of determination of frequency of implementation of planned actions of the state control of compliance of activities of operators (capacity) to requirements of the legislation in the sphere of organic production, the address and marking of organic products which are performed by Gosprodpotrebsluzhboy.

2. The terms applied in the presents the Procedure and criteria are used in the value given in the Laws of Ukraine "About the basic principles and requirements to organic production, the address and marking of organic products" and "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals".

3. Criteria by which the risk degree from implementation of economic activity by the operator in the sphere of organic production, addresses and markings of organic products is estimated are:

type of activity of the operator;

the term of implementation by the operator of economic activity in the sphere of organic production, the address and marking of organic products;

quantity of industries on which the operator performs production and/or turnover of organic products;

quantity of offenses the operator of requirements of the legislation in the sphere of organic production, the address and marking of organic products revealed by results of the measures of the state control which are carried out within the last three years preceding planned year;

quantity of cases of application by the operator of exceptions of requirements to organic production within the last three years preceding planned year;

information availability from certification body about revealed within the last three years preceding planned year, violations of requirements of the legislation by the operator in the sphere of organic production, the address and marking of organic products.

4. Frequency of implementation of planned actions of the state control in the sphere of organic production, the address and marking of organic products is determined on the basis risk - the oriented approach according to appendix 1.

5. Reference of capacity of the operator to high, average or insignificant risk degree is performed taking into account score, added by all criteria determined in appendix 1, by the following scale:

from 70 points and more - to high risk;

from 31 to 69 points - to average risk degree;

from 0 to 30 points - to insignificant risk degree.

6. Planned actions of the state control are performed with such frequency:

with high risk - not more often than every two years;

with average risk degree - not more often than once in three years;

with insignificant risk degree - not more often than once in five years.

7. The number of the points determining risk degree of capacity of the operator is determined in the act of categorization of capacity which form is established in appendix 2.

8. The statement of categorization of capacity is drawn up by annually state inspectors of territorial authorities of Gosprodpotrebsluzhby on each capacity of the operator no later than November 1 of the current year based on data of the state registers, information obtained from certification bodies and by results of the measures of the state control, other public information which are available as of September 30 of the current year.

The data specified in the act of categorization of capacity are entered into the information and telecommunication system of Gosprodpotrebsluzhby.

Appendix 1

to the Procedure

The risks connected with implementation of economic activity of operators in the sphere of organic production, the address and marking of organic products

Criterion for evaluation of risk

Criterion indicator

Number of points

1. Type of activity of the operator

turnover of organic products

5

production of organic products

10


production and turnover of organic products

15

2. The term of implementation by the operator of economic activity in the sphere of organic production, the address and marking of organic products

more than five years

0

from three to five years inclusive

5

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