ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 30, 2024 No. 724

About approval of Sanitary regulations about the maximum levels of certain pollutants in foodstuff

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, and parts (4) article 13 of the Law No. 306/2018 on safety of foodstuff (The official monitor of the Republic of Moldova, 2019, Art. No. 59-65, 120), with subsequent changes, DECIDES: the Government

1. Approve Sanitary regulations about the maximum levels of certain pollutants in foodstuff it (is applied).

2. To provide to the Ministry of Agriculture and the food industry modification of the regulations approved for foodstuff according to requirements of Sanitary regulations about the maximum levels of certain pollutants in foodstuff.

3. The foodstuff entered on the market before entry into force of Sanitary regulations about the maximum levels of certain pollutants in foodstuff can remain in turnover to stock depletion taking into account product expiration date.

4. From the date of entry into force of this resolution to recognize invalid:

4.1. The order of the Government No. 520/2010 about approval of Sanitary regulations about pollutants in foodstuff (The official monitor of the Republic of Moldova, 2010, Art. No. 108-109, 607), with subsequent changes;

4.2. appendix No. 1 to the Order of the Government No. 115/2013 about control of content of nitrates in food products of phytogenesis (The official monitor of the Republic of Moldova, 2013, Art. No. 31-35, 160), with subsequent changes.

5. 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 determined by the Law No. 221/2007 on veterinary and sanitary activities and the Law No. 306/2018 on safety of foodstuff.

Approved by the Order of the Government of the Republic of Moldova of October 30, 2024, No. 724

Sanitary regulations about the maximum levels of certain pollutants in foodstuff

The sanitary regulations about the maximum levels of certain pollutants in foodstuff shift:

- partially Regulations (EES) No. 315/93 of Council of February 8, 1993 for procedures of community concerning pollutants in foodstuff (CELEX:31993R 0315) published in the Official magazine of the European Union by L 37 of February 13, 1993 with the last changes made by Regulations (EU) No. 596/2009 of the European Parliament and Council of June 18, 2009 about reduction to compliance with the Decision 1999/468/EU Councils of certain acts to which the procedure, stipulated in Article 251 agreements, concerning the procedure of regulation treats with control - Reduction in compliance with the procedure of regulation with control - the Part four;

- Regulations (EU) 2023/915 Commissions of April 25, 2023 about the maximum levels of certain pollutants in foodstuff and about cancellation of Regulations (EU) No. 1881/2006 (CELEX: 32023R0915), published in the Official magazine of the European Union by L 119 of May 5, 2023, with the last changes made by Regulations (EU) 2024/1002 Commissions of April 4, 2024 about modification of Regulations (EU) 2023/915 concerning the maximum levels of perchlorates in siliculose haricot (Phaseolus vulgaris);

- partially the Recommendation of the Commission 2013/711/EU of December 3, 2013 about reducing content of dioxine, furan and the polychlorinated biphenyls in foodstuff and sterns for animals, CELEX: 32013H0711, published in the Official magazine of the European Union by L 323 of December 4, 2013, with the last changes made by the Recommendation of the Commission 2014/663/EU of September 11, 2014 about modification of appendix to the Recommendation 2013/711/EU of reducing content of dioxine, furan and the polychlorinated biphenyls in foodstuff and sterns for animals;

- The recommendation of the Commission 2013/165/EU of March 27, 2013 about content of T-2 and HT-2 toxins in grain and grain products, CELEX: 32013H0165, published in the Official magazine of the European Union by L 91 of April 3, 2013.

I. General provisions

1. The sanitary regulations about the maximum levels of certain pollutants in foodstuff (further - Regulations) determine the legal base for regulation of the maximum levels of pollutants in foodstuff, establish obligations of the National agency of public health, the National agency on safety of foodstuff (further - NABPP) and operators of food and fodder sectors, control procedure for ensuring compliance to the established maximum levels and the high level of consumer protection.

2. These Regulations establish:

2.1. the maximum levels of some pollutants in foodstuff (further - the maximum levels);

2.2. prohibition on introduction on the market of food products with excess of the maximum levels of content of pollutants;

2.3. maintenance of content of pollutants in foodstuff at the lowest level at all stages of food chain.

3. Action of these Regulations does not extend to the following pollutants falling under action of other regulations:

3.1. remaining balance of pesticides;

3.2. microbic toxins (botulotoksin and staphylococcal enterotoksin), and also microorganisms;

3.3. technological assistants.

4. For the purpose of these Regulations the concepts determined in the Law No. 306/2018 on safety of foodstuff are used (further - the Law No. 306/2018), the Law No. 296/2017 on general requirements of hygiene of foodstuff, and also the following concept:

the final consumer - the last consumer of foodstuff who does not use product as part of transaction or activities in field of activity of the company of food profile.

II. Specific provisions for the dried, diluted, processed and composite foodstuff

5. If in appendix No. 1 the specific maximum levels for dried, diluted, processed or composite (consisting of several ingredients) foodstuff are not provided, then in use of the maximum levels for this foodstuff the following aspects are considered:

5.1. the change of concentration of pollutant caused by processes of drying or dilution;

5.2. change of concentration of pollutant as a result of conversion;

5.3. relative ratio of ingredients in product;

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