Unofficial transfer (c) Soyuzpravoinform LLC
of July 16, 2018 No. 303
About approval of "Rules of registration of food safety and maintaining the state register of subjects of activities in the field of food products"
For the purpose of ensuring accomplishment of subitem 1.4.2 of the Presidential decree of the Azerbaijan Republic of April 16, 2018 "About application of the Law of the Azerbaijan Republic of February 23, 2018 No. 1012-VQD "About amending the Law of the Azerbaijan Republic "About foodstuff" the Cabinet of Ministers of the Azerbaijan Republic decides No. 1923:
Approve "Rules of registration of food safety and maintaining the state register of subjects of activities in the field of food products" it (is applied).
Prime Minister of the Azerbaijan Republic
Nowruz Mamedov
Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of July 16, 2018 No. 303
1.1. These rules are prepared according to article 7.4 of the Law of the Azerbaijan Republic "About foodstuff" and determine rules of registration of food safety of the subjects acting in the field of foodstuff and maintaining the state register of registered persons.
1.2. The main terms used in these rules have the following values:
1.2.1. food chain - set of stages of primary production, delivery, production, conversion, packaging, storage, transportation, the address (including import and export transactions), realization, uses, utilizations and destructions of food products in the field of public catering and servicing by the principle "from the field on table";
1.2.2. the subjects performing activities in the field of food products - business entities, and also state bodies (organizations), municipalities performing activities at all stages of food chain;
1.2.3. food products - food raw material, food products and additives (ingredients), products included in group of complete goods;
1.2.4. food products - products used by the person in the natural or processed type;
1.2.5. safety of food products - compliance of food products to the environmental, sanitary, veterinary and phytosanitary standards, rules and requirements guaranteeing that the food products do not pose hazard to life and health of the person.
1.3. Ceased to be valid.
2.1. The subjects performing activities in the field of food products in the territory of the Azerbaijan Republic (further - subjects), are registered the Agency of food safety of the Azerbaijan Republic (further - the Agency) and are entered in the state register of subjects.
2.2. Registration of food safety covers all stages of food chain, including the subjects registered in the Agency, objects participating in their economic activity, the name and type of food products or services.
2.3. Subjects address for registration in the Agency or hidmt its representative acting in the centers "with ASAN", houses of small and medium business and Center of support of export "Single window" for the application form specified in appendix No. 1 to these rules. The following documents are enclosed to the application:
2.3.1. for physical persons - the copy of the identity certificate and the certificate on statement on tax accounting (INN);
2.3.2. for legal entities - the copy of the certificate on statement on tax accounting (INN);
2.3.3. in case of the address of representatives of persons specified in subitems 2.3.1 and 2.3.2 of these rules - the document confirming its powers;
2.3.4. the statement from the state real estate register confirming the subject's right to property, use or lease, and notarially certified copy of the lease agreement;
2.3.5. if subject is the importer - the copy of the certificate confirming safety of the imported food products (in the presence).
2.4. Reclamation of documents at the subject which is not specified in Item 2.3 of these rules is not allowed.
2.5. After submission of documents, the these rules specified in subitems 2.3.1-2.3.5, the subject is told registration date and number of the statement electronically or the registered mail within 2 (two) working days.
2.6. The agency checks the submitted documents and in the absence of shortcomings of documents appoints the specialist (responsible person) for the sampling of the food products made on this object, for the purpose of assessment belonging to it object and conducting examination (analysis) for registration of the subject. Within 7 (seven) working days assessment of object and the analysis of the taken sample of food products shall be complete.
2.7. According to article 9 of the Law of the Azerbaijan Republic "About foodstuff" the specialist (responsible person) specified in Item 2.6 of these rules evaluates compliance of conditions of production on object to requirements of technical regulatory legal acts in the field of food safety, and also to hygienic, veterinary and phytosanitary requirements. By results of assessment the statement is drawn up and sampling of food products is made.
2.8. The samples taken from the food products made on object are analyzed in the laboratory which is under authority of the Agency or accredited according to the Law of the Azerbaijan Republic "About accreditation in the field of assessment of conformity". The analysis of goods is performed due to subject. The test report (written conclusion) is provided by laboratory in the Agency on analysis results within one working day.
2.9. The decision on registration of the subject or on refusal in registration accepts the Agency by results of assessment of object and examination of the taken sample of food products. The made decision is submitted to the subject within 2 (two) working days or goes the registered mail.
2.10. In case of decision making about registration of the legal entity after payment of the state fee established By the law the Azerbaijan Republic "About the state fee" the legal entity is entered in the state register, and "The statement from the state register" of subjects of activities in the field of food products is issued" which form is specified in appendix No. 2 to this Provision.
2.11. The state fee for registration of legal entities needs to be paid only through bank, mail, plastic card, electronic payment systems or the Internet.
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