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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of December 7, 2023 No. 442

About approval of "Procedure for import to customs area of the Azerbaijan Republic of foodstuff and forages, and also the materials and products contacting to food products, form and submission due dates of the electronic notification directed before import of these products, materials and products to customs area, transit transportation of food and fodder products" on approval "The list of food and fodder products which shall be followed by the relevant document confirming their safety when importing to customs area of the Azerbaijan Republic" and about cancellation of the Resolution of the Cabinet of Ministers of the Azerbaijan Republic No. 302 of July 16, 2018 "About approval "Form and rules of issue of the certificate of the food safety issued to food products"
(Extraction)

Being guided by the eighth paragraph of article 119 of the Constitution of the Azerbaijan Republic, the Cabinet of Ministers of the Azerbaijan Republic decides:

For the purpose of ensuring execution of subitem 1.1.8 of the Presidential decree of the Azerbaijan Republic of June 24, 2022 "About application of the Law of the Azerbaijan Republic of May 5, 2022 No. 523-VIQ "About safety of foodstuff" and "About cancellation of Presidential decrees of the Azerbaijan Republic No. 267 of January 26, 2000 "About application of the Law of the Azerbaijan Republic "About foodstuff" and No. 969 of October 23, 2003 "About the additional measures connected using the Law of the Azerbaijan Republic "About foodstuff" the Cabinet of Ministers of the Azerbaijan Republic decides No. 1723:

1. Approve "Procedure for import to customs area of the Azerbaijan Republic of foodstuff and forages, and also the materials and products contacting to food products form and submission due dates of the electronic notification directed before import of these products, materials and products to customs area of transit transportation of food and fodder products" it (is applied).

2. Approve "The list of food and fodder products which shall be followed by the relevant document confirming their safety when importing to customs area of the Azerbaijan Republic (is attached).

3. Repeal the Resolution of the Cabinet of Ministers of the Azerbaijan Republic No. 302 of July 16, 2018 "About approval "Form and rules of issue of the certificate of the food safety issued to food products" (Collection of Legal acts of the Azerbaijan Republic, 2018 No. 7, Art. 1636; 2019 No. 12, Art. 1201).

4. Changes can be made to this Resolution according to the Item 3.5 "Regulations on Procedure for Preparation, Approval, Acceptance and Publication of Projects of Regulatory Legal Acts of Executive Bodies", approved by the Presidential decree of the Azerbaijan Republic No. 2328 of October 6, 2023.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of December 7, 2023, No. 442

Procedure for import to customs area of the Azerbaijan Republic of foodstuff and forages, and also the materials and products contacting to food products, form and submission due dates of the electronic notification directed before import of these products, materials and products to customs area, transit transportation of food and fodder products

1. General provisions

1.1. This Procedure is prepared according to Articles 20. 6, 20.8, 20.11, 20.12, 21.4 and 31.3 of the Law of the Azerbaijan Republic "About safety of foodstuff" (further - the Law) the import procedure of the fodder products, and also materials and products contacting to food products (further - products which are subject to control of food safety) also establishes, form and terms of submission of the electronic notification directed before import of products which are subject to control of food safety on customs area, procedure for transit transportation of food and fodder products.

1.2. The purpose of this Procedure is ensuring protection of life and human health and animals (further - life and health), and also consumer protection by ensuring control of the food safety of products imported into the Azerbaijan Republic and transported through the territory of the Azerbaijan Republic.

1.3. For the purpose of safety of products which are subject to control of the food safety imported on customs area of the Azerbaijan Republic, events of the state control are held according to this Procedure based on results of risk assessment the Agency of food safety of the Azerbaijan Republic.

1.4. The basic concepts used for the purposes of this Procedure have the following values:

1.4.1. history of import transaction - set of data on results of the control actions applied to each type of the imported products (by codes of the commodity nomenclature of foreign economic activity) taking into account the importer and the company for production or conversion;

1.4.2. history of positive import transaction - case of compliance of results of actions of physical control according to Item 8.5 of this Procedure;

1.4.3. risk - possibility of negative impact of foodstuff and fodder products on life and health and severity of this impact;

1.4.4. risk point - the risk level indicator expressed by the increasing number.

1.5. Other concepts used in this Procedure express the values provided by the Law and other regulatory legal acts of the Azerbaijan Republic.

2. Requirements to import of products which are subject to control of food safety

2.1. Products which are subject to import control of food safety shall conform to requirements, the established Law.

2.2. For import to customs area of the Azerbaijan Republic of the foodstuff and fodder products determined by article 24.5 of the Law, the food companies at which these products are made and processed shall be approved by the Agency according to this article or the recognized authorized body of the country, equivalent according to article 20.5 of the Law, the relevant official information on approval of the companies of the food industry shall be provided.

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