of January 18, 2011 No. 11/3-10.18/813-EP
About check of marking of food products
For use in work we send the letter of the Ministry of Justice of Ukraine of 28.10.2010 N 13334-0-4-10-20 with explanations concerning check of marking of food products in case of its import to customs area of Ukraine.
The customs clearance according to Article of the Customs code of Ukraine is accomplishment of actions (procedures) by customs authority which are connected with fixing of results of customs control of goods and vehicles which move through customs border of Ukraine, and have legal value for subsequent use of these goods and vehicles.
By article 4 of the Law of Ukraine "About state regulation of agricultural import" it is determined that products, held for sale to the population which fall under determination of the second - the twenty first groups of the Ukrainian classification of goods of foreign economic activity can be issued from under customs control on the territory of Ukraine from the countries, free from quarantine, on condition of availability on container (boxes, packagings, packings), and in the cases determined by the Cabinet of Ministers of Ukraine it is direct on product, data on the name of product, weight (I will eat around), structure, with indication of the list of other food used in the course of production, nutritional supplements (preservatives), dyes and so forth, content of chemicals or connections, and also the certificate of origin of such products.
According to article 47 of the Law of Ukraine "About safety and quality of foodstuff" standard border veterinary or health control which is exercised by the corresponding boundary inspector, provides, among other things, selective check of correctness of marking of foodstuff.
If foodstuff in load has no label according to technical regulations or sanitary actions or there is suspicion that it is otherwise incorrectly marked, the load falls under action of provisions of article 49 of the mentioned Law.
By article 49 of the Law it is determined that the load with foodstuff which is imported and which is labeled with violation of requirements of this Law can be transported under approval of the corresponding boundary inspector in the customs determined by customs authority for the purpose of correction of etiketirovka for its reduction in compliance with this Law. After correction completion the load with foodstuff is subject to expanded veterinary or health control according to provisions of article 50 of this Law.
If the corresponding boundary inspector determines that correction of etiketirovka of foodstuff from load is impossible or inexpedient, this load falls under action of provisions of article 51 of this Law.
Considering the above, the Ministry of Justice draws conclusion that along with customs control which is exercised by customs authorities within the competence the imported foodstuff (including agricultural products) is subject, among other things, to health and veterinary border control which are performed according to the legislation and include control of correctness of marking.
Chairman of Service A.E.Gutnik
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