LAW OF THE REPUBLIC OF MOLDOVA

of December 15, 2023 No. 394

About genetically modified foodstuff and fodder

The Parliament adopts this organic law.

This law shifts:

– Regulations (EU) No. 1829/2003 of the European parliament and Council of September 22, 2003 about genetically modified foodstuff and sterns published in the Official magazine of the European Union by L 268 of October 18, 2003 with the last amendments made by Regulations (EU) of 2019/1381 European parliament and Council of June 20, 2019;

– Regulations (EU) the No. 1830/2003 of the European parliament and Council of September 22, 2003 concerning traceability and marking of genetically modified organisms and traceability of the food and fodder products made from genetically modified organisms, changing the Directive 2001/18/EU, published in the Official magazine of the European Union by L 268 of October 18, 2003 with the last amendments made by Regulations (EU) 2019/1243 European parliament and Council of June 20, 2019;

– Regulations (EU) the No. 641/2004 of the Commission of April 6, 2004 concerning detailed rules of application of Regulations (EU) No. 1829/2003 of the European parliament and Council concerning permission of the new genetically modified foodstuff and forages, the notification on the existing products and accidental or technically deliberate use of genetically modified material which became subject of risk assessment and received the positive decision, published in the Official magazine of the European Union by L 102 of April 7, 2004 with the last amendments made by Implementation regulations of the Commission (EU) No. 503/2013 of April 3, 2013.

Chapter I General provisions

Article 1. Subject of this law

(1) This law establishes the regulatory and institutional base concerning:

a) ensuring high level of protection of life and health of the person, health and wellbeing of animals, the environment and consumer interests concerning genetically modified foodstuff and fodder, without threatening at the same time effective functioning of the domestic market;

b) establishments of procedures of registration and supervision of genetically modified foodstuff and fodder;

c) requirements to marking of genetically modified foodstuff and fodder;

d) requirements to traceability of the foodstuff containing genetically modified organisms (further – GMO) or consisting of them, and the fodder received from GMO for the purpose of monitoring of impact on the environment and if necessary on health of the person and health and wellbeing of animals, as well as applications of measures for risk management, including if necessary withdrawal of products from the market.

(2) This law is not applied to medicines to application by the person regulated by the Law on drugs No. 1409/1997 and to medicines for veterinary application, the regulated Law on medicines of veterinary appointment No. 119/2018.

(3) If the international treaties ratified by Parliament of the Republic of Moldova establish other regulations, than provided by this law regulations of international treaties are applied.

Article 2. Basic concepts

For the purposes of this law the used concepts have the following value:

the final consumer – the last consumer of foodstuff who does not use product within business activity;

risks assessment for the environment – risks assessment for health of the person and for the environment, whether it be direct or indirect, immediate or postponed which can represent deliberate release or introduction on the market of GMO;

genetically modified fodder – the fodder containing the GMO consisting or received from them;

the unique identifier – the simple numerical or alphabetic and numerical code allowing to identify GMO on the basis of the permitted transformation event as a result of which it was created and giving opportunity of receipt of access to the specific information relating to the corresponding GMO;

introduction on the market – ownership of foodstuff or fodder for the purpose of realization, including the offer them to sale or any other form of transfer, both on non-paid, and on paid basis, and also their sale, distribution and other forms of transfer;

reference material – material or substance at which one value or several values of properties are rather homogeneous and successfully established for the purpose of their use for calibration of the device, for assessment of method of measurement or for assignment of values to materials or substances;

conditional analog – the similar foodstuff or fodder received without use of genetic modification and on which there is the settled history of safe use;

organism – any biological unit capable to reproduction or transfer of genetic material;

genetically modified organism – as this concept is determined by the Law on regulation and control of genetically modified organisms No. 152/2022 (further – the Law 152/2022);

genetically modified organism for fodder – GMO which can be used as forage for animals or as raw materials for production of forages for animals;

genetically modified organism for food use – GMO which can be used as foodstuff or as raw materials for production of foodstuff;

the first stage of introduction of product on the market – the initial transaction in chains of production and distribution by means of which the product is made available to the third parties;

control test – GMO or its genetic material (positive test) and the parent organism or its genetic material used for the purpose of genetic modification (negative test);

packaged foodstuff – the separate product offered to sale, consisting of foodstuff and packaging in which it was placed before the offer to sale irrespective of whether completely it covers foodstuff or only partially so that content of packaging could not be spoiled without its opening or replacement;

made from GMO – derivative, fully or partially, from GMO, but not containing GMO or not consisting of them;

genetically modified foodstuff – the foodstuff containing the GMO consisting or received from them;

The state register of genetically modified foodstuff and fodder (The state register) – the automated information system containing all information (data) on genetically modified foodstuff and fodder registered according to provisions of this law which maintaining performs the National agency on safety of foodstuff;

traceability – opportunity to trace GMO and products received from GMO at all stages of their introduction on the market in chains of production and sale;

the catering establishment – as is determined this concept by the Law on informing consumers concerning foodstuff No. 279/2017.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info