RESOLUTION GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 29, 2011 No. 308

About approval of Sanitary regulations on the materials and products intended for contact with foodstuff

According to article 5 of the Law 78-XV of March 18, 2004 on foodstuff (The official monitor of the Republic of Moldova, 2004, No. 83-87, of the Art. 431), article 6 of the Law No. 10-XVI of February 3, 2009 on the state supervision of public health (The official monitor of the Republic of Moldova, 2009, No. 67, of 183), and also for the purpose of ensuring high level of protection of public health the Government DECIDES:

1. Approve Sanitary regulations about the materials and products intended for contact with foodstuff it (is applied).

2. To the national agency of public health and the Ministry of Agriculture, regional development and the environment during 2011-2012 to develop and provide to the Government for approval drafts of sanitary regulations about specific requirements to the active and intellectual materials and products intended for contact with foodstuff, to the materials and products from plastic intended for contact with foodstuff, to the materials and products from secondary plastic intended for contact with foodstuff, and also ensuring proper practice on production of the materials and products intended for contact with foodstuff.

3. These regulations become effective within a month from the date of publication in the Official monitor of the Republic of Moldova.

4. To impose control of execution of this resolution on the National agency of public health, the Ministry of Economics and the Ministry of Agriculture, regional development and the environment.

Approved by the Order of the Government of the Republic of Moldova of April 29, 2011, No. 308

Sanitary Regulations about the materials and products intended for contact with foodstuff

The sanitary regulations about the materials and products intended for contact with foodstuff (further - Regulations), are brought into accord with provisions of Regulations of the European Parliament and Council No. 1935/2004 of October 27, 2004 about the materials and products intended for the contact with foodstuff published in the Official magazine of the European Union by L 338 of November 13, 2004.

I. General provisions

1. The purpose of these Regulations - to provide efficiency of functioning of the domestic market concerning placement in the market of the materials and products intended for contact with foodstuff and at the same time to become basis for ensuring high level of protection of health of the person and consumer interests.

2. These Regulations are applied to materials and products, including intellectual materials and products intended for contact with foodstuff (further - materials and objects) which in their final type:

1) are intended for contact with foodstuff;

2) already are in contact with foodstuff and were intended for this purpose;

3) can come into contact with foodstuff or transfer the components constituting them to foodstuff in the normal or predicted use conditions.

3. These Regulations do not extend on:

1) materials and products which are delivered as antiques;

2) protective materials for covering or wrapping, such as cover for cheese crust, made of meat or fruit semifinished products which constitute part of foodstuff and can be eaten together with it;

3) stationary equipment for public or partial water supply.

4. For the purpose of these Regulations the following concepts are applied:

traceability - capability to trace way of material or product at all production phases, conversions and distributions;

placement in the market - ownership of materials and products with sales objective, including the offer for sale or any other form of transfer, or is free or for money, and also sale, distribution and other forms of transfer;

the active materials and products contacting to foodstuff (further - active materials and products), - the materials and products intended for prolongation of storage duration, maintenance or improvement of condition of the packed foodstuff. They are designed including components which allow to allocate or absorb substances in or from the packed foodstuff or from the circle surrounding foodstuff;

the intellectual materials and products intended for contact with foodstuff (further - intellectual materials and products), - materials and products which control condition of the packed foodstuff or the environment surrounding foodstuff;

the regulating body - the National agency of public health - the National agency of public health and the Ministry of Agriculture, regional development and the environment;

technical committee - group of representatives of public bodies, producers, importers and consumers of the materials and products intended for direct and indirect contact with foodstuff;

the company - the economic agent with own founded entrepreneurial firm according to the procedure, established by the legislation;

economic operator - the physical person or legal entity responsible for ensuring compliance with these Regulations for enterprise management.

5. Materials and products, including active and intellectual materials, are made according to proper production practice so that in the normal or predicted use conditions they did not transfer to the substance foodstuff which is their part in quantity which can:

1) to threaten health of the person;

2) to cause inadmissible changes in structure of foodstuff;

3) to cause deterioration in organoleptic characteristics of foodstuff.

6. Labeling, advertizing and the presentation of materials or products shall not mislead consumers.

II. Special requirements for use of active and intellectual materials and products

7. For the purpose of application of subitems 1), 2), 3) of Item 5 of these Regulations active materials and products can cause changes in structure or in organoleptic characteristics of foodstuff provided that these changes correspond to the provisions applicable to foodstuff.

8. Intellectual materials and products shall not provide information on condition of foodstuff that can mislead consumers.

9. The active and intellectual materials which are already in contact with foodstuff shall be suitably marked that the consumer could determine inedible parts of product.

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