ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 8, 2023 No. 867

About approval of Sanitary regulations about the maximum levels of remaining balance of pesticides in or on foodstuff and sterns for animals of plant and animal origin

Based on article 6 of the Law No. 10/2009 on the state supervision of public health (The official monitor of the Republic of Moldova, 2009, No. 67, the Art. 183), with subsequent changes, DECIDES: the Government

1. Approve Sanitary regulations about the maximum levels of remaining balance of pesticides in or on foodstuff and sterns for animals of plant and animal origin it (is applied).

2. Declare invalid the Order of the Government No. 1191/2010 about approval of Sanitary regulations about the most admissible limit of content of residual amounts of medicines of phytosanitary assignment in or on foodstuff and sterns of animal and plant origin for animals (The official monitor of the Republic of Moldova, 2011, Art. No. 5-14, 3), with subsequent changes.

3. To impose control over the implementation of this resolution on the Ministry of Health and the National agency on safety of foodstuff according to the competences established in the Law No. 221/2007 on veterinary and sanitary activities and the Law No. 306/2018 on safety of foodstuff.

4. This resolution becomes effective after two months from the date of publication in the Official monitor of the Republic of Moldova.

Approved by the Order of the Government of the Republic of Moldova of November 8, 2023, No. 867

Sanitary regulations about the maximum levels of remaining balance of pesticides in or on foodstuff and sterns for animals of plant and animal origin

The sanitary regulations about the maximum levels of remaining balance of pesticides in or on foodstuff and sterns (further - Sanitary regulations) partially apply Regulations (EU) to animals of plant and animal origin No. 396/2005 of the European Parliament and Council of February 23, 2005 about the maximum levels of remaining balance of pesticides on foodstuff and sterns of plant or animal origin and about modification of the Directive 91/414/of EEC, with the changes made by Regulations of the EU to 2023/1069, No. 396/2005 of the European Parliament and Council changing appendix II to Regulations (EU) concerning the maximum levels of remaining balance of biksafen, tsiprodinil, fengeksamid, fenpikoksamid, fenpiroksimat, flutianil, izoksaflutol, mandipropamid, metoksifenozid and spinetoram in or on some products.

Chapter I General provisions

1. These Sanitary regulations determine the legal basis of regulation of the maximum levels of remaining balance (MLRB) of pesticides in or on foodstuff and sterns for animals of animal and plant origin, establish obligations of competent authorities and economic operators of food and fodder sectors, and also control procedures for observance of the established MUO of pesticides for the purpose of ensuring high level of consumer protection.

2. These Sanitary regulations are applied to the list of products of plant and animal origin or their parts approved by the Ministry of Health, held for use as the fresh, processed or mixed foodstuff or forages to animals at whom or at which there can be remaining balance of pesticides.

3. These Sanitary regulations are not applied to products if it is determined that it is intended for:

1) productions of products, except for foodstuff or forages for animals;

2) crops or landing;

3) the activities permitted by the regulatory base for testing of active agents.

4. In these Sanitary regulations the following concepts are used:

1) proper agricultural practice use of means of phytosanitary assignment - recommended, permitted or considered as the national legal system safe in actual practice at any production phase, storages, transportations, distributions and conversions of foodstuff and forages for animals. Besides, it implies application of the integrated control of wreckers in certain climatic zone, and also use of the minimum quantity of pesticides and establishment of temporary MUO at the lowest level in case of which achievement of the expected result is possible;

2) remaining balance of pesticides - remaining balance, including active agents, metabolites and/or decay products or reaction products of active agents, now or earlier used in means of phytosanitary assignment which are present in or at foodstuff, in particular remaining balance which presence can be caused by use of active agents for the phytosanitary, veterinary or biocidal purposes;

3) the maximum level of remaining balance - the highest admissible level of concentration of remaining balance of pesticides in or on foodstuff or sterns for animals, established on the basis of proper agricultural practice and the lowest level of impact which will allow to protect all vulnerable consumers;

4) qualification testing - comparative trials in case of which several laboratories carry out the analysis of identical samples, allowing to estimate quality of the analysis which is carried out by each laboratory.

Chapter II Maximum levels of remaining balance of pesticides

5. Based on Regulations (EU) No. 396/2005 of the European Parliament and Council of February 23, 2005 about the maximum levels of remaining balance of pesticides on foodstuff and sterns of plant or animal origin and about modification of the Directive 91/414/of EEC, establishes the Ministry of Health:

1) the list of foodstuff and forages for animals of plant and animal origin to whom MUO are applied;

2) MUO of pesticides;

3) temporary MUO of pesticides;

4) the list of active agents of pesticides concerning which MUO are not required;

5) values by default concerning products, groups of products and/or parts of products for which specific levels are not established;

6) combinations "active agent - product", used for processing of crops.

6. The list of foodstuff, MUO and the list of the active agents specified 5, affirm as Item the order of the Minister of Health, are published in the Official monitor of the Republic of Moldova and on the official website of the Ministry of Health and regularly updated taking into account the database of the European Union on pesticides.

7. From the moment of placement in the market products of plant and animal origin or their part, held for use as foodstuff or forages for animals, included in the list approved by the Ministry of Health shall not contain remaining balance which exceeds:

1) MUO established for the corresponding products

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