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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of January 12, 2024 No. 27

About approval of the Procedure for issue, refusal in issue, cancellations, temporary cancellation, renewal and renewal of action of operational permission, form of operational permission and recognition voided some resolutions of the Cabinet of Ministers of Ukraine

According to the paragraph of the first of part one of article 4-1 of the Law of Ukraine "About authorization system in the sphere of economic activity", parts of the sixteenth Article 23, of part five of article 24 of the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff", the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Procedure for issue, refusal in issue, cancellations, temporary cancellation, renewal and renewal of action of operational permission;

form of operational permission.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the enclosed list.

3. This resolution becomes effective in six months from the date of its publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of January 12, 2024, No. 27

Procedure for issue, refusal in issue, cancellations, temporary cancellation, renewal and renewal of action of operational permission

1. This Procedure determines the procedure of issue, refusal in issue, cancellations, the temporary termination, renewal and renewal of action of operational permission for the operators of the market performing the activities connected with production and/or storage of foodstuff of animal origin (further - operators of the market) territorial authorities of Gosprodpotrebsluzhby.

2. In this Procedure terms are used in the value given in the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff" (further - the Law) and the Law of Ukraine "About ministerial procedure".

3. Operational permission is issued on the capacities located at one address (with disaggregation at the level of production line and/or foodstuff depending on type of activity of the operator of the market) and determined by the operator of the market.

Operational permission is issued in paper or electronic form with imposing of the advanced digital signature according to the Law of Ukraine "About electronic identification and electronic confidential services".

4. For receipt of operational permission the operator of the market submits through the center of provision of administrative services to territorial authority of Gosprodpotrebsluzhby to the capacity address the statement for issue of operational permission in form according to appendix 1.

The specified application can be submitted personally or through the authorized person, is sent by the mailing or electronically, in particular by the personal address means of the Single state web portal of electronic services (further - the Action Portal) (if technically possible).

In case of filing of application about issue of operational permission means of the Action Portal such statement moves in any form suitable for perception of its content, taking into account the data determined in appendix 1.

The specified application which is submitted electronically shall conform to requirements of the Law of Ukraine "About electronic documents and electronic document management".

5. The statement for issue of operational permission is registered territorial authority of Gosprodpotrebsluzhby in day of its receipt according to requirements of article 42 of the Law of Ukraine "About ministerial procedure".

6. In case of discrepancy of the statement for issue of operational permission to the established form or provision in it incomplete information the official of territorial authority of Gosprodpotrebsluzhby who considers case makes the decision on leaving of such statement without production according to article 43 of the Law of Ukraine "On ministerial procedure".

7. The operator of the market is responsible for accuracy of the information, specified in the statement for issue of operational permission.

8. Administrative proceeedings about issue of operational permission begin from the date of receipt of the corresponding statement by territorial authority of Gosprodpotrebsluzhby and are performed according to the Law of Ukraine "About ministerial procedure" taking into account features of the Law.

9. After receipt of the statement for issue of operational permission the territorial authority of Gosprodpotrebsluzhby carries out inspection of capacities for the purpose of establishment of their compliance to requirements of the legislation on safety and separate indicators of quality of foodstuff.

Inspection of the declared capacities is carried out no later than 15 calendar days from the date of obtaining by territorial authority of Gosprodpotrebsluzhby of the specified statement.

10. In case when by results of inspection it is determined that capacity conforms to requirements of the legislation on safety and separate indicators of quality of foodstuff, the territorial authority of Gosprodpotrebsluzhby makes the decision on issue of operational permission to unrestricted term.

11. If by results of inspection it is determined that capacity conforms to requirements of the legislation on safety and separate indicators of quality of foodstuff only concerning infrastructure and the equipment, the territorial authority of Gosprodpotrebsluzhby issues on such capacity temporary operational permission for a period of three months in form according to appendix 2.

Based on the decision of territorial authority of Gosprodpotrebsluzhby the validity of temporary operational permission can be extended up to six months from the date of issue provided that by results of the repeated inspection of capacity which is carried out within three months from the date of issue of temporary operational permission it is confirmed that the operator of the market eliminated separate discrepancies to requirements of the legislation on safety and separate indicators of quality of foodstuff, but capacity still does not conform to all requirements of the specified legislation.

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