ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 22, 2010 No. 520

About approval of Sanitary regulations about pollutants in foodstuff

Based on article 6 of the Law on the state supervision of public health No. 10-XVI of February 3, 2009. (The official monitor of the Republic of Moldova, 2009, No. 67, the Art. 183), parts (10) Article 7 and part (5) article 13 of the Law No. 306/2018 on safety of foodstuff (The official monitor of the Republic of Moldova, 2019, No. 59-65, the Art. 120) and for the purpose of ensuring adequate level of protection of health of the population the Government DECIDES:

1. Approve Sanitary regulations about pollutants in foodstuff it (is applied).

2. To the Ministry of Health, work and social protection and to the Ministry of Agriculture, regional development and the environment to provide harmonization of methods of selection, preparation and the analysis of tests and criteria of qualitative indexes for analysis methods for the purpose of implementation of the state control of content of pollutants in the foodstuff provided by these Sanitary regulations.

3. To the Ministry of Agriculture, regional development and the environment to provide change of the approved regulations on foodstuff for the purpose of reduction them in compliance with requirements of this Resolution.

4. The costs connected with implementation of the requirements and regulations provided by the specified Sanitary regulations become covered for the account and within the financial resources which are annually approved by the law on the government budget.

5. To impose control over the implementation of this Resolution on the Ministry of Health, work and social protection and the National agency on safety of foodstuff.

Approved by the Order of the Government of the Republic of Moldova of June 22, 2010, No. 520

Sanitary regulations about pollutants in foodstuff

These Sanitary regulations about pollutants in foodstuff (further - Regulations) create necessary conditions for application of Regulations of Council (EES) No. 315/93 of February 8, 1993 according to procedures of the community concerning pollutants published in the Official magazine of the European Communities (JOCE) No. L37 of February 13, 1993 and state the Regulations of the Commission (EC) No. 1881/2006 of December 19, 2006 about establishment of the maximum levels of some pollutants in foodstuff published in the Official Magazine of the European Union (JO) No. L364 of December 20, 2006, with subsequent changes, and also Recommendations 2013/711/of the EU" of December 3, 2013 about reducing content of dioxine, furan and the polychlorinated diphenyls in foodstuff and sterns for animals, published in the Official magazine of the European Union (OJ) No. L 323 of December 4, 2013, and Recommendations of the Commission 2013/165 / the EU of March 27, 2013 about availability of T-2 and NT-2 toxins in grain and grain products, published in the Official magazine of the European Union by L 91/12 of April 3, 2013.

I. General requirements

1. These Regulations establish pollutants which contain or the maximum levels of some pollutants in foodstuff can contain in foodstuff (further - the maximum levels) and it is directed to protection of public health.

2. Within these Regulations the concepts provided by the Law No. 306/2018 on safety of foodstuff and the Law on establishment of the general principles and instructions of the legislation on safety of foodstuff No. 113 of May 18, 2012 are applied.

3. These Regulations are not applied to:

1) to pollutants which matter only for quality of foodstuff, but are not significant for public health; to alien substances, such as fragments of insects, hair of animals and others;

2) to mikrobialny toxins, such, as botulinotoksin and staphylococcal enterotoksin, and also to microorganisms;

3) to auxiliary technological substances;

4) to other pollutants which are the subject of specific regulations.

4. The foodstuff placed in the market shall not contain pollutants in the quantities exceeding the maximum levels provided by these Regulations.

5. The maximum levels specified in appendix No. 1 to these Regulations are applied to edible part of the corresponding foodstuff.

II. The dried, diluted, processed and difficult foodstuff

6. In case of use of the maximum levels provided by these Regulations, for the dried, diluted, processed or difficult foodstuff consisting of several ingredients the following is considered:

1) change of concentration of pollutant as a result of processes of drying or dilution;

2) change of concentration of pollutant as a result of conversion;

3) relative ratio of ingredients in product;

4) analytical limit of detection.

7. Specific concentration or means of dilution for processes of drying, dilution, conversion and/or mixing or for the corresponding dried, diluted, processed and/or difficult foodstuff shall be provided or proved by the entrepreneur of the food sector at the time of carrying out the state control by the competent authorities.

8. In case the entrepreneur of the food sector does not provide necessary concentration or means of dilution or if the competent authorities consider means inappropriate from the point of view of the given reasons, the authorities independently determine this means based on the available information and criteria specified in Item 6 of these Regulations for the purpose of the maximum protection of public health.

III. Prohibition on use, mixing and detoxication

9. The foodstuff which is not corresponding to the maximum levels provided in appendices No. 1 and 2, cannot be used as food ingredients.

10. The foodstuff corresponding to the maximum levels provided in appendix No. 1, cannot be mixed with foodstuff which exceeds these levels.

11. The foodstuff which is subject to sorting or other physical processing for decrease in level of pollution cannot be mixed with the foodstuff intended for consumption by the person or with foodstuff held for use as food ingredients.

12. The foodstuff containing the pollutants specified in Chapter I of appendix No. 1 (mycotoxins) is not detoxified intentionally by chemical methods.

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