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LAW OF THE REPUBLIC OF MOLDOVA

of October 19, 2007 No. 221-XVI

About veterinary and sanitary activities

(as amended on 27-07-2018)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Area of regulation and purpose of this law

(1) This law establishes the main veterinary sanitary standards and rules, the rights and obligations of the state, physical persons and legal entities operating in the Republic of Moldova in production process, conversions, storages, transportations and realization of live animals and animal products.

(2) the Purpose of the law consists in ensuring health of animals, the prevention of transfer of diseases from animals to the person, safety of the animal products intended for public consumption, harmlessness and quality of forages, testings, receipts of permission to use of medicines of veterinary assignment and the substances used for veterinary diagnosis, protection of the territory of the country against infectious diseases by the organization of veterinary and sanitary activities.

(3) In the part which is not settled by this law, the procedure for request, provision, suspension and withdrawal of the allowing documents in veterinary and sanitary area provided by this law for business entities is determined by the Law on regulation of business activity by permission No. 160/2011.

Article 2. Basic concepts

For the purpose of this law the following concepts are used:

veterinary and sanitary activities - the activities performed in the territory of the Republic of Moldova by veterinarians and/or persons with secondary vocational education under responsibility of the veterinarian and within competence of the veterinary public health services provided by this law;

the state veterinary and sanitary sales activity of strategy and governmental the politician on health protection of animals, the reproducing material of animal origin, protection and ensuring welfare of animals, the prevention of transfer of diseases against animals to the person, safety of the animal products intended for public consumption, at all stages of their production, purchase, procurement, conversion, storage, transportation, distribution and realization, on protection of the territory of the country against infectious diseases, and also environmental protection in connection with cultivation of animals and production of foodstuff, performed by the state veterinary public health services;

freely practiced veterinary and sanitary activities - veterinary and sanitary activities, except state, on prevention, diagnostics and treatment of diseases of animals;

strategic veterinary and sanitary activities - accomplishment of adequate measures for the purpose of realization of national veterinary and sanitary strategy;

kontsessionirovanny veterinary and sanitary activities - actions for veterinary sanitary inspection behind diseases of animals and zoonoz, the immunoprophylaxis and works on disinfecting, disinfection, disinsection, deratization and devastation transferred by the state for accomplishment by freely practicing veterinarians;

the central public body in the field of veterinary sanitary inspection - the National agency on safety of foodstuff;

competent veterinary and sanitary authority - the National agency on safety of foodstuff, territorial subdivisions on safety of foodstuff;

national veterinary and sanitary strategy - the veterinary and sanitary activities of national value financed from the government budget;

kontsessionirovaniye - procedure for use of public property, implementation of some types of activity of national value, management of public services, and also accomplishment of public works in the field of veterinary sanitation;

the official veterinarian - the veterinarian with the higher education who is the government employee, authorized by the central public body in the field of veterinary sanitary inspection to carry out the state veterinary and sanitary activities established by it, being the employee of the National agency on safety of foodstuff, territorial subdivision on safety of foodstuff, and also boundary inspection posts;

the authorized freely practicing veterinarian - the veterinarian to whom powers are delegated by competent veterinary and sanitary authority to carry out some types of the state veterinary and sanitary activities on contractual basis according to the law;

veterinary sanitary inspection - set of the operations performed by the official and authorized freely practicing veterinarians by means of whom control of veterinary and sanitary activities is exercised;

veterinary health control - activities for the prevention, identification and elimination of violations of veterinary health regulations by physical persons and legal entities;

veterinary and sanitary permission - the official document published by competent veterinary and sanitary authority, confirming accomplishment of veterinary health requirements by organization and company, subject to veterinary sanitary inspection;

the veterinary assistant surgeon - the physical person having the diploma confirming receipt of at least secondary vocational education in the field of veterinary science;

the veterinary technician - the worker of service personnel involved to accomplishment of some veterinary and sanitary works, having the official document issued by the state profile educational institution, and existing under the supervision of the authorized freely practicing veterinarian;

object - any unit, the company, structure, and for farms under the open sky any equipped or not equipped place in which are performed cultivation, content or manipulation of animals;

farm animal - any animal who contains, grown up or fattened for the purpose of production of products and offal for public consumption or for industrial use or for receipt of the reproducing material of animal origin;

pet - or the person, in particular in the domestic economy, for own pleasure or companionship is going to get any animal who contains (watch the European Convention on protection of pets);

the reproducing material of animal origin - the seed grain, ova, germs or other reproducing elements received from animals for the purpose of reproduction and reproduction;

imposing of veterinary prohibition - the procedure consisting in prohibition of delivery to the market, realization or movements of the goods which are subject to the state veterinary health control which do not correspond to their assignment according to requirements of the law that attracts storage or warehousing of these goods in the rooms determined by representatives of competent veterinary and sanitary authority for the purpose of refining of their final assignment, the corresponding conversion for use in other purposes or for destruction;

preventive quarantine - the package of measures including content farm the imported or exported animals in the places which are specially equipped under object for quarantine at the request of the importing country, without fail, for the period determined by the National agency by safety of foodstuff, but which is not exceeding 30 days for accomplishment of certain state veterinary and sanitary activities for the purpose of assessment of the state of health of these animals and exception of any risk for pogoloviya of local animals;

forced quarantine - set of the veterinary and sanitary measures established by the central and local authorities of public management according to the instruction of the official veterinarian obligatory for accomplishment by physical persons and legal entities, providing specific mode of economic activity and other activities, prohibiting movement of the vehicles, goods, loads and live animals directed to the prevention of distribution and liquidation of the centers of infectious and noninfectious diseases of animals of mass distribution;

the goods which are subject to the state veterinary health control - set of the loads containing live animals, products, offal and the reproducing material of animal origin, biological products, medicines of veterinary assignment, including fodder and the fodder raw materials used in feeding of animals and other materials which can influence the state of health of animals and veterinary health of society;

animal products - the products received from animals, and the products intended for public consumption, feeding of animals, pharmaceutical, agricultural or industrial function made from them including live animals if they are intended for such type of use;

medicine of veterinary assignment - any medical medicine of veterinary assignment, medical forages, forages used for individual feeding, the medical premixes, vitamin-mineral or proteinaceous and vitamin-mineral premixes, cosmetic products of veterinary assignment, sets, reagents and reactants used for veterinary diagnostics, the feed additives and any other materials used in the veterinary purposes;

veterinary and sanitary certification - accomplishment of veterinary control, laboratory researches and other veterinary and sanitary measures for determination of the state of health of animals and safety of the animal products and other products which are subject to veterinary sanitary inspection for the purpose of protection of health of animals and health of society with issue of the corresponding veterinary sanitary certificates by official veterinarians;

medical veterinary curing - veterinary and sanitary activities for prevention, diagnostics and treatment of diseases of animals;

veterinary health of society - complex of the veterinary and sanitary measures aimed at providing health of live animals and harmlessness of the animal products intended for public consumption;

technical subordination - procedure for the regulated dependence in the field of veterinary sanitation under direct supervision of the National agency on safety of foodstuff;

safety (harmlessness) of animal products - reasonable confidence that in usual conditions of preparation and/or use animal products are not dangerous and do not represent risk for health present and future generations;

veterinary and sanitary examination - product quality of animal origin is reasoned to estimate set of the veterinary and sanitary measures allowing;

the technical act - the document constituted by the official veterinarian as a result of spot test of the company, subject state veterinarno - to health control and veterinary supervision, for the purpose of ascertaining sanitarno - technical condition of this company, containing the offer on issue or lack of distribution of permission to activities; 

registration of pharmaceutical medicines of veterinary assignment - the process of examination, approval and issue of the registration certificate of pharmaceutical medicines of veterinary assignment with their entering into the State nomenclature of pharmaceutical medicines of veterinary assignment allowing to enable the realization, production, import and use in medical practice of the specified medicines;

examination - the process of research of pharmaceutical medicines of veterinary assignment and documentation characterizing them which is carried out by specialists in the field within the Republican veterinary and diagnostic center;

approval - the procedure of official recognition of pharmaceutical medicine of veterinary assignment including action for its official approval by decision by the Commission on veterinary medicines based on results of examination of the specified medicine and scientific and administrative documentation therefore medicine registration is allowed; the registration certificate of pharmaceutical medicine of veterinary assignment - the official document, sample which it is provided in appendix 11, published by the National agency on safety of foodstuff based on which realization, use and import of pharmaceutical medicine of veterinary assignment are permitted;

substance - any matter which can be human origin (blood of the person or products from blood of the person), animal origin (microorganisms, animals, parts of bodies, animal secretions, toxins, extracts, products from blood), plant origin (microorganisms, plants, parts of plants, vegetable secretions, extracts), chemical origin (the chemical elements and materials existing in the nature and the chemical goods received as a result of chemical modification or synthesis);

premix for medicinal forages - any pharmaceutical medicine of veterinary assignment prepared in advance for the subsequent production of medicinal forages;

medicinal forages - any mix from one or several pharmaceutical medicines of veterinary assignment and one or several forages made for placement in the market and intended on forage of animals;

immunological veterinary medicine - the pharmaceutical medicine of veterinary assignment appointed by animal for increase in active or passive immunity or for diagnostics of condition of immunity;

veterinary homeopathic medicine - the veterinary medicine received from the substances called by homeopathic remedies;

the expectation period - period between the last introduction animal pharmaceutical medicine of veterinary assignment, in standard conditions of use and according to provisions of this law, until product receipt, occurring from these animals, necessary for protection of public health and guaranteeing that these products do not contain the remaining balance exceeding the threshold limit values established for active agents;

the nomenclature of pharmaceutical medicines of veterinary assignment - the list of the pharmaceutical medicines of veterinary assignment registered according to this law for production, realization, import and use in veterinary medicine;

pharmaceutical medicines of veterinary assignment - veterinary medicines, biological medicines, medicinal substances, disinfectants, ratitsida, insecticides, repellents, premixes disconnect and fodder additives disconnect.

Chapter II. Organization and activities of veterinary public health service

Article 3. Organization of veterinary public health service

(1) the Veterinary public health service will be organized and performs the activities as the single system provided:

a) state veterinary public health service;

b) freely practiced veterinary and sanitary activities.

(2) the State veterinary public health service represents the single system having the following structure:

a) The national agency on safety of foodstuff (further - the Agency) subordinated to the Government, having the following structure:

- central office;

- territorial subdivisions and boundary inspection posts, not being legal entities;

b) The republican veterinary and diagnostic center - national reference laboratory in the field of veterinary science and safety of foodstuff, administratively subordinated and technically the subordinate to the Agency;

c) veterinary services of the Ministry of Defence, Ministry of Internal Affairs, Ministry of Justice and other public institutions, technically subordinates to the Agency.

(3) Freely practiced veterinary and sanitary activities include medical veterinary curing and other activities, other than state.

Article 4. Procedure for the organization of the Agency

(1) the Policy and strategy in veterinary sanitation and safety of animal products is developed by the Ministry of Agriculture, regional development and the environment.

(2) the Agency is the central public body in the field of veterinary sanitary inspection which podvedomstven to the Government which is responsible for realization of policy and strategy in veterinary sanitation and safety of animal products, is authorized to organize and exercise supervision and control of observance of provisions of this law and other regulations in the field, and also provisions of the international veterinary and sanitary treaties, one of the parties of which is the Republic of Moldova.

(3) the Agency is headed by the CEO appointed to position and dismissed by the order of the Government according to the proposal of the Prime Minister.

(4) Activities of the CEO are supported by the advisory board created from at least than seven figures recognized in areas of the activities. The structure of the advisory board and regulations on it affirm the order of the CEO.

(5) Regulations on the Agency and structure of the Agency affirm the Government.

Article 5. Purpose and tasks of the Agency

(1) the Purpose of the Agency is:

a) protection of health of animals, protection of animals, the prevention of transfer of diseases against animals to the person, safety of the animal products intended for public consumption, harmlessness of forages for animals and environmental protection in connection with cultivation of animals, identification and registration of animals;

b) beginning safety of animal products from production of primary raw materials before distribution of products to the consumer.

(2) the Agency has the following tasks:

a) will organize the state veterinary public health services and determines their needs for financing;

b) will organize according to the single concept public veterinary and sanitary activities in all territory of the country for ensuring health of animals, veterinary health of society, protection of animals, environmental protection and safety of animal products;

c) establishes functions and responsibility of the state veterinary public health services;

d) develops and advances together with other authorized bodies the legislation in the field of safety and product quality of animal origin;

e) will organize together with other authorized bodies activities in the field of safety and product quality of animal origin within the powers established by the law;

f) realizes together with other authorized bodies analysis system, managements and notifications about risks in the field of safety and product quality of animal origin;

g) issues advisory proceedings and gives technical and scientific assistance concerning the national legal system and the legislation of the European community in the areas having direct or indirect impact on safety of animal products and forages for animals; provides independent information on all problems relating to the specified areas and reports about risks;

h) promotes achievement of high level of protection of life and health of society taking into account health and welfare of animals, health of plants and environmental protection;

i) collects and analyzes data allowing to give the characteristic and to perform monitoring of the risks having direct or indirect impact on safety of animal products and forages for animals;

j) issues the advisory proceedings forming scientific basis for development and taking measures in the areas connected with subject of the activities.

Article 6. Powers of official veterinarians of the Agency

Official veterinarians of the Agency have the following powers extending to all territory of the country:

a) provide open entry, upon presentation of the official ID and special power on conducting check, to the objects provided in part (1) Articles 18, and also to other places which are subject to veterinary sanitary inspection and control;

b) state offenses and constitute protocols according to regulations of the Code of the Republic of Moldova on offenses;

c) require representation for verification of the documents concerning veterinary sanitary inspection;

d) impose rationing arrangements and measures for protection of live animals, the reproducing material of animal origin, products and offal which are subject to veterinary sanitary inspection and control;

e) exercise veterinary health control and impose the rationing arrangements relating to movement and veterinary and sanitary certification of live animals, the reproducing material and the animal products which are on the objects listed in part (1) Article 18;

f) select tests for laboratory researches for the purpose of detection of risk factors for health of animals, health of society and safety of animal products on the objects which are subject to veterinary sanitary inspection and control;

g) take measures for imposing of veterinary prohibition either slaughter of animals or destruction of the animal products which are subject to veterinary sanitary inspection and control in case of accomplishment of programs for liquidation of diseases;

h) limit or prohibit trade, import, production, delivery to the market and export of live animals, the reproducing material of animal origin and animal products which are subject to veterinary sanitary inspection and control in case of non-compliance with veterinary health requirements;

i) prohibit or stop construction and reconstruction of livestock barns, the companies for conversion of animal products, workshops, warehouses and other industrial facilities in case of non-compliance with veterinary health requirements;

j) demand from bodies of the central and local public authority of acceptance of the measures provided by the law in case of need or inevitable risk for health of animals, health of society, protection of animals and safety of animal products.

Article 7. Functions of the Agency

The agency performs the following functions:

a) the organization of veterinary and sanitary activities in all territory of the country;

b) ensuring accomplishment of national and international programs for protection of the territory against penetration and spread of especially dangerous infectious diseases requiring imposing of quarantine measures from technology impact and other negative impacts on animals;

c) determination of financial needs for investments and grants in veterinary and sanitary area; forming and realization of republican reserve of means of veterinary assignment for accomplishment of some antiepizootic and other special events;

d) conducting veterinary and sanitary examination of documents on designing of veterinary and zootechnical objects and the companies for industrial conversion of livestock raw materials; control of observance of these projects in the course of construction;

e) authorization of the companies for procurement, conversion, storage, transportation and sales of products and raw materials of animal origin and issue of veterinary and sanitary permissions to production, conversion, transportation and storage of foodstuff and raw materials of animal origin; determination of the companies which cannot perform activities without availability of the state veterinary and sanitary personnel for implementation of the state veterinary and sanitary inspection and control;

f) conducting veterinary and sanitary examination of foodstuff and raw materials of animal origin on all objects for their procurement, production, conversion, storage, transportation and realization;

g) conducting veterinary and sanitary examination of the plant products realized in the markets;

h) issue to the markets, shops, bodies of local public authority, to other legal entities and physical persons of administrative recommendations about use of the foodstuff and raw materials of animal origin unusual for public consumption;

i) control of condition of places of realization of foodstuff, check of conditions of their storage, control of destruction of the products of animal and plant origin unsuitable for public consumption and feeding of animals;

j) carrying out laboratory researches for the purpose of diagnosis of diseases of animals, veterinary-sanitary evaluation of foodstuff and raw materials of animal origin according to existing regulations;

k) ceased to be valid according to the Law of the Republic of Moldova of 21.09.2017 No. 185

l) free issue to bodies of insurance of the conclusions about the reasons of forced slaughter or death of animals; issue of the veterinary and sanitary conclusions about causes of death of animals and animal products for the purpose of establishment of degree of guilt of service personnel, veterinary specialists and other physical persons and legal entities;

m) creation of national veterinary and sanitary information system;

n) development of recommendations in the field of veterinary sanitation for bodies of public management, organizations, and also physical persons and legal entities;

o) examination, approval and registration of medicines of veterinary assignment;

p) implementation of monitoring of veterinary health of society; organization and control of veterinary and sanitary activities;

q) representation of interests of the country in the field of veterinary medicine in the international organizations and within cooperation with veterinary services of other countries;

r) the organization of activities in the field of safety and product quality of animal origin; development and deployment in life together with other authorized bodies of the legislation and analysis system, management and the notification about risks in the field;

s) assistance to development of researches in the field of veterinary medicine and implementation in practice of their results and the best practices in the field in coordination with Scientific and practical institute of biotechnologies in livestock production and veterinary medicine providing consultations and rendering scientific and technical assistance on feeding of animals taking into account the national legal system and the legislation of the European community; representation of scientific responses on problems of health and welfare of animals and together with the Ministry of Health, work and social protection - about genetically modified animal products, methods of obtaining, testing, use and realization of the genetically modified organisms received by modern biotechnologies, and also the products received from them;

t) coordinating of activities for assessment and the notification about risks from the point of view of safety of animal products on all food chain;

u) implementation of management of risk from the point of view of safety of animal products on all food chain;

v) management of system of quick response in the field of safety of animal products on all food chain;

w) implementation and control of traceability of animal products on all food chain;

x) informing the licensing body on the revealed violations with appendix of the stating acts.

Article 8. Powers of official veterinarians of territorial subdivisions on safety of foodstuff

(1) Official veterinarians of territorial subdivisions on safety of foodstuff have the powers provided in Items and) - i) Articles 6, in accordance with the terms, established by the Agency in the territory of this area / municipium.

(2) Official veterinarians of territorial subdivisions on safety of foodstuff have the right to demand from bodies of public management of the respective area / municipium of acceptance of the measures provided by the law in case of need or inevitable risk for health of animals, health of society, protection of animals and safety of animal products.

Article 9. Functions of territorial subdivisions on safety of foodstuff

Territorial subdivisions on safety of foodstuff have the following functions:

a) the organization of veterinary and sanitary activities in all territory of area/municipium;

b) ensuring accomplishment of national and international programs for protection of the territory against penetration and spread of especially dangerous infectious diseases (requiring imposing of quarantine measures), technology impact and other negative impacts on animals according to the conditions established by the Agency;

c) conducting veterinary and sanitary examination of documents on designing of veterinary and zootechnical objects and the companies for industrial conversion of livestock raw materials; control of observance of these projects in the course of construction;

d) authorization of the companies for procurement, conversion, storage, transportation and realization of raw materials and animal products and issue of veterinary and sanitary permissions to production, conversion, transportation and storage of products and raw materials of animal origin;

e) conducting veterinary and sanitary examination of products and raw materials of animal origin on all objects for their procurement, production, conversion, storage, transportation and realization; free issue of permissions to use and conversion of products and raw materials of animal origin;

f) conducting veterinary and sanitary examination of the plant products realized in the markets;

g) issue to the markets, shops, bodies of local public authority, to physical persons and legal entities of administrative recommendations about use of the products and raw materials of animal origin unusual for public consumption;

h) control of condition of places of sales of products of animal origin, check of conditions of their storage, control of destruction of the products of animal and plant origin unsuitable for public consumption and feeding of animals;

i) carrying out laboratory researches for the purpose of diagnosis of diseases of animals, veterinary-sanitary evaluation of products and raw materials of animal origin according to existing regulations;

j) control of observance of veterinary health requirements in the course of movement, export and import of animals, products and raw materials of animal origin, and also forages;

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