LAW OF THE REPUBLIC OF MOLDOVA

of April 12, 2024 No. 82

About official control in the agrofood sphere

The parliament adopts this organic law.

This law is partial transposition of Regulations (EU) 2017/625 European Parliament and Council of March 15, 2017 about the official control and other official activities which are carried out for the purpose of ensuring application of the food and fodder law, the rules concerning health and the wellbeing of animals, health of plants and remedies of plants making changes to Regulations (EU) No. 999/2001, (EU) No. 396/2005, (EU) No. 1069/2009, (EU) No. 1107/2009, (EU) No. 1151/2012, (EU) No. 652/2014, (EU) of 2016/429 and (EU) 2016/2031 European Parliament and Council, Regulations (EU) No. 1/2005 and (EU) No. 1099/2009 of Council and the Directive of Council 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC and canceling Regulations (EU) No. 854/2004 and (EU) No. 882/2004 of the European Parliament and Council, and also the Directive of Council 89/608/EES, 89/662/EES, 90/425/EES, 91/496/EES, 96/23/EC 96/93/EC and 97/78/EC and Decisions of Council 92/438/EEC (Regulations about official control) (the text concerning EEP), CELEX: 32017R0625, European Union published in the Official magazine L 095 of April 7, 2017, with the last changes made by Regulations (EU) 2021/1756 European Parliament and Council of October 6, 2021.

Chapter I General provisions

Article 1. Subject and sphere of regulation

(1) This law establishes regulations in the relation:

a) carrying out official control in the agrofood sphere;

b) acceptances of conditions which need to be observed when importing to the country of animals and goods;

c) creations of centralized information system of data on official control in the agrofood sphere.

(2) This law is applied to the official control exercised for the purpose of check of compliance for application of the legislation regulating the following aspects:

a) foodstuff and their safety, integrity and hygiene at each production phase, conversions and distributions of foodstuff, including for check of observance of the requirements aimed at ensuring fair trade practice, protection of interests and informing consumers, and also production and use of the materials and objects intended for contact with foodstuff;

b) deliberate distribution in the environment of genetically modified organisms (further – GMO) for production of foodstuff and forages;

c) stern and their safety at each production phase, conversions, distributions and uses, including check of observance of the requirements aimed at ensuring fair trade practice, health protection, protection of interests and informing consumers;

d) requirements for health of animals;

e) prevention and risk minimization for health of the person and the animals connected with offal of animal origin and derivative products;

f) requirements for wellbeing of animals;

g) protective measures against the organisms making harmful effects on plants;

h) requirements for placement in the market of remedies of plants and to steady use of pesticides, except for the equipment for use of pesticides;

i) ecological production and labeling of ecological products;

j) use and labeling of the protected names of places of origin, the protected geographical instructions and the guaranteed traditional products;

k) production and turnover of wine-making products, ethyl alcohol and alcoholic products.

(3) This law is applied also to the official control which is carried out for the purpose of check of compliance to the requirements established by part provisions (2) in case relevant requirements are applied to animals and the goods imported into the country or which are subject to export from the country.

(4) This law is not applied to the official control which is carried out for the purpose of check of compliance:

a) To the marine life protection act of the animals used in experimental or other scientific purposes, No. 211/2017;

b to the Law on medicines of veterinary assignment No. 119/2018;

c) To the law on control of compliance to quality requirements for fresh fruit and vegetables No. 237/2018.

(5) Provisions of articles 4-6, of article 8, parts (2) and (3) Articles 12, articles 15, of articles 17-26, 29-32, 35-40, of articles 70-77 and Articles 88-95 are applied also to other official activities performed by competent authorities according to this law or provisions of part (2) this Article.

Article 2. Official control and other official activities in the agrofood sphere

(1) In sense of this law the baking plate is understood by official control the activities performed by competent authorities or authorized bodies which according to this law delegated certain functions of official control, for the purpose of check:

a) observance by operators of provisions of this law and provisions, part (2) Article 1; and

b) compliance of animals or goods to the requirements established in part (2) Articles 1, including for issue of the official certificate or the official certificate.

(2) In sense of this law the baking plate is understood by other official activities the activities other than the official control exercised by competent authorities or authorized bodies, which according to this law and provisions of part (2) Article 1 implementation of other official activities, and also activities which purpose are verification of presence of diseases of organisms, animal or harmful to plants, prevention or control of spread of diseases of organisms, animal or harmful to plants, liquidation of diseases of organisms, animal or harmful to plants, providing permissions and issue of official certificates or official certificates was delegated.

Article 3. Basic concepts

In sense of this law the following concepts are used:

other object – in the value determined in article 2 of the Law on protective measures against organisms No. 422/2023, harmful to plants;

animals – according to the determination used in the legislation about health of animals;

the official certificate – the label, sign or other form of certification issued by competent authorities or operators, persons under surveillance to competent authorities, as a result of official control, providing compliance to one or several requirements provided by this law or provisions of part (2) Article 1;

audit – methodical independent check of observance of procedure of official control which purpose is establishment of compliance of the activities connected with such control and its results to the established regulations and also whether these regulations are effectively applied and whether they achieve effective objectives;

competent authority – the body responsible for the organization of official control and other official activities according to this law and provisions of part (2) Article 1;

body of environmental control – the National agency on safety of foodstuff according to the Law on ecological production and labeling of ecological products No. 237/2023;

disease of animals – according to the determination used in the legislation about health of animals;

goods – subject to application of one or several provisions of part (2) Articles 1, except for animals;

meat and offal – the products classified by goods items 0201–0208 Combined the commodity nomenclature approved by the Law No. 172/2014;

long transportation – transportation which duration exceeds eight hours from the moment of movement of the first animal from this batch;

official certification – the procedure by means of which the competent authority and/or monitoring bodies certify compliance by issue of allowing acts or other relevant documents;

the official certificate – the paper document or electronically, signed by the authorized inspector, certifying compliance to one or several requirements established in part (2) Article 1;

customs control – in the value determined in Article 5 of the Customs code No. 95/2021;

identity check – the visual inspection performed for the purpose of check of compliance of content and cargo marking, including tags on animals, seals and vehicles, information specified in official certificates, official certificates and other accompanying documents;

physical control – check of animals or goods, and also if necessary check of vehicles, packagings, labels and storage temperatures, including sampling for research, the analysis and diagnostics, or other types of checks necessary for compliance to the relevant regulations specified in part (2) Article 1;

verification of documents – studying of official certificates, official certificates and other documents, including trade documents which shall accompany load as it is provided in part (2) Articles 1, of part (1) Article 54 or in the acts adopted according to part (3) Articles 68, by part (3) Articles 85, part (1) Article 86 and part (1) Article 87;

the equipment for use of pesticides – the special equipment intended for use of pesticides including the belongings to it necessary for effective operation of the corresponding equipment, such as nozzles, manometers, filters, sieve and the device for cleaning of reservoirs;

stern – in the value determined in Article 2 of the Security act of foodstuff No. 306/2018;

the inspector – the employee of the National agency on safety of foodstuff given authority on control for implementation of official control and other official activities according to this law and the relevant standards specified in part (2) Article 1;

the authorized inspector – the official of competent authority authorized by it for signing of official certificates;

the official phytosanitary inspector – the physical person designated by competent authority as the employee or in other quality, who had the corresponding training for implementation of official control and other official activities according to this law and the relevant standards specified in Item g) parts (2) Article 1;

antemortem inspection – survey of animals before slaughter on compliance to requirements for health of the person and to health and wellbeing of animals, including clinical examination of each animal and the verification of information on food chain established in Special rules of hygiene of the foodstuff of animal origin approved by the Government;

postmortem examination – check on slaughter or at the company for conversion of compliance to the requirements applied to:

a) to hulks and edible by-products in value, according to the definition given in Special rules of hygiene of the foodstuff of animal origin approved by the Government, carried out for the purpose of establishment of suitability of meat for the use by the person;

b) safe removal of materials with the revealed risk; and

c) to health and wellbeing of animals;

import in country/introduction to the country – import of animals and goods to the country, except as specified, regulated by Item g) parts (2) Article 1;

the traveling magazine – the document accompanying load of animals in transit with one or several modes of transport;

the legislation on sterns – in the value used in the Security act of foodstuff No. 306/2018;

the legislation on foodstuff – in the value used in the Security act of foodstuff No. 306/2018;

sanitary marking – the marking put after carrying out the official control specified in subitems and) and c) Item 4) parts (2) Articles 17, confirmatory suitability of meat for consumption by the person;

the reproducing material – in the value determined in the law about health of animals;

materials with the specified risks – in the value determined in article 3 of the Law on the offal of animal origin and derivative products which are not intended for consumption by the person, No. 129/2019;

the official veterinarian – the veterinarian appointed by competent authority, having the status of the worker or other status having the corresponding qualification for carrying out official control and other official activities according to this law and relevant provisions of Items a) and c) – f) parts (2) Article 1;

operator – physical person or legal entity to which one or several obligations provided by part provisions (2) Article 1 are assigned;

organisms, harmful to plants, – in the value determined in article 2 of the Law on protective measures against organisms No. 422/2023, harmful to plants;

authorized body – the legal entity to whom competent authorities delegated implementation of the certain powers connected with official control or other official activities;

danger – factor or conditions which can potentially make adverse effect on health of the person, negative impact on health of animals or plants, wellbeing of animals or the environment;

official support personnel – the representatives of competent authorities who had training according to the requirements established in Article 18, hired for implementation of the certain powers connected with official control or other official activities;

the plan of control – the plan established by competent authority, containing the general information relating to structure and the organization of its systems of official control;

plants – in the value determined in article 2 of the Law on protective measures against organisms No. 422/2023, harmful to plants;

sampling or sampling – sampling of forages, foodstuff or other substances, including from the environment, concerning all food chain, for the purpose of check by carrying out analyses of observance of the fodder and food law, and also the rules concerning health and wellbeing of animals;

procedures of verification of control – the systems and actions applied by competent authorities for the purpose of ensuring the sequence and efficiency of official control and other official activities;

foodstuff or product – in the value determined in Article 2 of the Security act of foodstuff No. 306/2018;

animal products – foodstuff of animal origin, including honey and blood, live beach clams, erinaceouses, tunicates and sea Castropoda the mollusks intended for consumption by the person in the value determined in Special rules of hygiene of the foodstuff of animal origin approved by the Government;

remedies of plants – in the value used in the Law on introduction on the market of remedies of plants and modification of some regulations No. 403/2023;

derivative products – in the value determined in article 3 of the Law on the offal of animal origin and derivative products which are not intended for consumption by the person, No. 129/2019;

vegetable products – in the value determined in article 2 of the Law on protective measures against organisms No. 422/2023, harmful to plants;

departure Item – post of border control through which animals are exported from customs area of the country;

post of border control – the place including complex of the objects accompanying it, intended for carrying out the official control provided in part (1) Article 45;

rating – the classification of operators based on assessment of their compliance to the established criteria;

official detention – the procedure using which competent authorities provide that animals and the goods which are subject to official control did not move and were not exposed to intervention before decision making concerning Item of their assignment. This procedure can include placement of animals and storage of the corresponding goods by operators in warehouses according to instructions and under control of competent authorities;

risk – the function depending on probability of adverse effect on health of the person, negative impact on health of animals or plants, wellbeing of animals or the environment and on severity of such impact caused by danger;

the control system – the system including competent authorities, and also the resources, structures, systems and procedures established for ensuring implementation of official control according to this law and provisions of Articles 17-26;

offal of animal origin – in the value determined in article 3 of the Law on the offal of animal origin and derivative products which are not intended for consumption by the person, No. 129/2019;

under responsibility of the official veterinarian – accomplishment by official support personnel of certain action at the request of the official veterinarian;

under observation of the official veterinarian – accomplishment by official support personnel of certain action under responsibility of the official veterinarian and in the presence of the official veterinarian on site accomplishment of action and during the time necessary for accomplishment of this action;

customs supervision – in the value determined in Article 5 of the Customs code No. 95/2021;

load – the number of the animals and/or goods quantity included in one official certificate, the official certificate or other document which are transported by one vehicle and come from one region or one country and which, except for the goods falling under action of Item g) parts (2) Articles 1, belong to one type, class or the description;

transit – the transportation performed under customs supervision through the territory of the Republic of Moldova to other country.

Chapter II Official control and other official activities

Article 4. Assignment of competent authorities

(1) Competent authority which will organize and exercises official control and other official activities in the areas specified in part (2) Articles 1, the National agency on safety of foodstuff is.

(2) Administrative authority in the field of agricultural industry, responsible for check of observance of provisions of Item i) parts (2) Articles 1, can delegate the certain powers connected with official control or other official activities of body of environmental control.

Article 5. Fundamental obligations of competent authorities and bodies of environmental control

(1) Competent authorities and bodies of environmental control:

a) have procedures and/or systems for ensuring efficiency and sufficiency of official control and other official activities;

b) have procedures and/or systems for ensuring impartiality, quality and the sequence of official control and other official activities at all levels;

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