LAW OF THE REPUBLIC OF MOLDOVA

of November 3, 2022 No. 299

About prevention of losses and irrational use of foodstuff

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Purpose and scope

(1) the Purpose of this law is ensuring transition to economy of the closed cycle by maintenance of foodstuff in consumption turnover first of all by the person and prevention of formation of food wastes, and also by expense reduction, connected with losses and irrational use of foodstuff.

(2) This law establishes the legal basis in relation to measures for prevention of losses and irrational use of foodstuff, including measures for reducing food wastes, and regulates effective consumption of safe foodstuff, including with almost expiring expiration date, almost expiring expiration date of consumption or almost expiring minimum expiration date.

(3) This law pursues the following main objectives:

a) prevention of losses and irrational use of foodstuff by redistribution of safe foodstuff in priority procedure for consumption by the person;

b) reducing quantity of the food wastes which are formed at all stages of food chain including by reuse of foodstuff or prolongation of their lifecycle;

c) implementation of the principles of economy of the closed cycle.

(4) This law is applied at all stages of food chain, including the sphere of public catering.

Article 2. The used concepts

For the purpose of application of this law the concepts determined in the Security act of foodstuff No. 306/2018, the Law on waste No. 209/2016 and the Law on informing consumers concerning foodstuff No. 279/2017, are used and also the following concepts are determined:

the operator of the food sector - the physical person or legal entity responsible for the observance of regulations of the food sector at the company of the food sector under control to it operating at any stage of food chain including: primary production, conversion and production of foodstuff, wholesale trade, retail trade, other types of distribution, and also sphere of public catering;

the organization beneficiary - the legal entity who is not pursuing revenue generating purposes, performing activities of social orientation, charity and/or activities for care of animals, registered according to the legislation and which signs with operators of the food sector agreements on donation of foodstuff according to provisions of this law. The public organization registered according to provisions of the Civil code No. 1107/2002, the non-profit organization which is acting on the basis of the Law on non-profit organizations No. 86/2020, the social dining room, acting on the basis of the Law on dining rooms of the public assistance No. 81/2003, the legal entity acting according to the Law on liberty of conscience, thought and religions No. 125/2007 can be the organization beneficiary. The zoological garden operating according to the Law on zoological gardens No. 136/2007, irrespective of form of business can be the organization beneficiary also;

losses and irrational use of foodstuff - decrease in quantity or quality of foodstuff at any stage of food chain, including situation in which foodstuff left consumer turnover of the person in connection with the expiration of expiration date of consumption, the expiration of the minimum expiration date, expiry date or in connection with loss by safety foodstuff for consumption by the person.

Chapter II Basic principles of prevention of losses and irrational use of foodstuff

Article 3. Principle of responsibility

(1) Operators of the food sector, and also organization beneficiaries provide at all stages of food chain compliance of foodstuff to requirements of the legislation in the food sector, at the same time they bear responsibility for safety of foodstuff within activities, part of food chain performed in under control to them.

(2) the Subjects involved in process of prevention of losses and irrational use of foodstuff shall show high spirit of social responsibility and honesty fulfill the duties according to the law, public order and moral standards.

Article 4. Principle of protection of consumer interests

Operators of the food sector, and also organization beneficiaries provide to consumers information on the foodstuff falling under operation of this law according to provisions of the Law on informing consumers concerning foodstuff No. 279/2017.

Article 5. Principle

The subjects involved in process of prevention of losses and irrational use of foodstuff in the activities are based on the concept of reducing consumption, reuse and conversion which assumes that the value of foodstuff and materials remains as long as possible, the amount of waste and use of resources are reduced to minimum and when lifecycle of foodstuff comes to an end, they are used for creation of additional value.

Chapter III of Competence on prevention of losses and irrational use of foodstuff

Article 6. Powers of the Ministry of Agriculture and food industry

The main powers of the Ministry of Agriculture and food industry on prevention of losses and irrational use of foodstuff are:

a) carrying out state policy on prevention of losses and irrational use of foodstuff;

b) ensuring consultation, interinstitutional cooperation and exchange of information between bodies of the public power for prevention of losses and irrational use of foodstuff.

Article 7. Powers of the National agency on safety of foodstuff

The national agency on safety of foodstuff has the following main powers on prevention of losses and irrational use of foodstuff:

a) participation in project development of regulations about implementation of measures for prevention of losses and irrational use of foodstuff;

b) providing consultations, the organization at the national level of seminars and conferences, information programs, training of business entities and the population concerning prevention of losses and irrational use of foodstuff;

c) carrying out official control and supervision of safety of primary products, foodstuff and forages for animals at all stages of food chain;

d) registration in the field of safety of foodstuff according to Chapter V-1 of the Security act of foodstuff No. 306/2018;

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