LAW OF THE REPUBLIC OF MOLDOVA

of November 8, 2018 No. 237

About control of compliance to quality requirements for fresh fruit and vegetables

The parliament adopts this ordinary law.

This law partially shifts Chapter II of the Section II, appendix III and appendix V to Executive regulations of the Commission (EU) to the No. 543/2011 of June 7, 2011 establishing rules of application of Regulations of Council (EU) No. 1234/2007 concerning the sector of fruit and vegetables and the sector of the processed fruit and vegetables, published in the Official magazine of the European Union by L 157 of June 15, 2011.

Chapter I General provisions

Article 1. Regulation subject

This law establishes procedures, procedure for the organization and control of compliance to quality requirements for fresh fruit and vegetables (further - products) which list affirms the Government.

Article 2. Purpose

The purpose of this law consists in strengthening of legal and institutional base in the field of monitoring procedure by determination of compliance to quality requirements of products within activities of physical persons or legal entities which make, store, overwork, sort, pack, import, export and/or sell products.

Article 3. Scope

(1) Provisions of this law are applied to the physical persons and legal entities performing the types of activity listed in article 2 in the territory of the Republic of Moldova and registered in the National agency on safety of foodstuff according to the current legislation.

(2) Provisions of this law do not extend on:

a) production process, conversions, addresses or storages in house conditions for private consumption;

b) the products intended for industrial conversion or feeding of animals in house conditions;

c) the products which are subject to transit through the country or which are temporarily stored in quality of the property which is subject to transit through the country provided that they will not be offered for sale;

d) the grown-up products sold or delivered from the place of cultivation to the companies for conditioning and packaging or in storage facilities or sent from the economy to the relevant companies;

e) the products sent from storage facilities to the companies for conditioning and packaging;

f) the products intended for consumption by animals or other non-food use;

g) the products sold as edible germs, as a result of germination of seeds of some plants classified as fruit and vegetables.

Article 4. Concepts

For the purposes of this law the used concepts mean the following:

business entity - physical person or legal entity, including groups of producers and their consolidation, responsible for observance of the requirements to compliance and product quality which are under its control;

trade packaging - individualized part of batch which on the packaging and content is provided so that to constitute in sales point selling unit for the end user or the consumer;

risk analysis - the systematic method of collection, assessment, registration and distribution of information leading to recommendations for line item or action in response to inevitable threat;

packet - individualized part of batch which on the packaging and content is provided for simplification of the address and transportation of certain number of selling units or products, in bulk or accurately put, for the purpose of prevention of the damage caused by the physical treatment of them and their transportation. Automobile, rail, maritime and air shipping containers are not considered as packets;

control of compliance - set of the actions including control of accompanying documents on batch of products and physical control for check of compliance of products to quality requirements;

physical control - purposeful check, by means of the selected tests, products, packaging, labels, storage conditions according to quality requirements;

selective control - quality check of products by selection of secondary tests;

shipment - product quantity, held for sale the same business entity, available at the time of control and designated by the document. Shipment can consist of one or several types of products, may contain one or several batches of products;

the inspector - the person prepared and authorized by monitoring body for implementation of the actual control by determination of compliance of products to quality requirements;

food chain - stages at which various operations from production phase to the product delivery to the final consumer are performed, namely: production, storage, conversion, sorting, packaging, import, export and/or sale;

batch - the quantity of products shown at the time of control as having the same characteristics concerning the identity of the packer and/or the sender, country of source, type of product, product category, its caliber (if the product is classified depending on the caliber), grade or trade type of product (if it is provided by quality requirements), like packaging and its representation. In case identification of batches is difficult, and/or it is impossible to show job lots, all batches as a part of one transportation are considered as one batch if they are similar in product type, the sender, country of source, category, grade or trade type of product (if it is provided by quality requirements);

selection - action for extraction of certain quantity or unit of product from batch or packet during control of compliance;

elementary test - the quantity or unit of product which are selectively selected from batch or, in case of products in bulk, from part of batch;

cumulative test - several elementary tests, representative for batch, which are selected for possibility of assessment of batch depending on quality requirements;

secondary test - the quantity or equal unit of product which are selectively selected from elementary test:

a) in case of the packed fruit in cover (nut bearing cultures) secondary test constitutes up to 1 kilogram from kilogram 0,3. If elementary test contains packets, and they are trade packagings, then secondary test will constitute one or several trade packagings which in total weigh kilogram 0,3 minimum;

b) in case of other packed products secondary test constitutes 30 units if packet net weight - at most 25 kilograms and it does not contain trade packagings. If elementary test does not contain more than 30 units, then all content of packet is subject to control;

the joint test (only in case of nut bearing cultures) - mix weighing at least 3 kilograms of all secondary tests which are selected from cumulative test. The products constituting the joint test uniformly mix up;

the reduced test - the quantity, representative for product, which is selectively selected from cumulative test with the amount limited to minimum necessary quantity sufficient for possibility of assessment depending on amount of the established criteria. If as a result of control products collapse, the reduced test does not exceed 10 percent of cumulative test;

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