DECISION OF THE COMMISSION OF CUSTOM UNION

of December 9, 2011 No. 881

About adoption of the technical regulation of the Customs union "Food products regarding its marking"

According to article 13 of the Agreement on the single principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of November 18, 2010 the Commission of the Customs union (further – the Commission) solved:

1. Accept the technical regulation of the Customs union "Food products regarding its marking" (TR CU 022/2011) (is applied).

2. Establish:

2.1. The technical regulation of the Customs union "Food products regarding its marking" (further – the Technical regulation) becomes effective since July 1, 2013;

2.2. Till February 15, 2015 production and release into the stream of commerce of food products according to the mandatory requirements to food products regarding its marking established by regulatory legal acts of the Customs union or the legislation of state member of the Customs union about day of entry into force of the Technical regulation is allowed.

2.3. The product circulation, released according to subitem 2.2 of this Decision, is allowed during the expiration date of products established according to the legislation of state member of the Customs union.

3. To the secretariat of the Commission jointly with the Parties to prepare the draft of the Actions plan, necessary for implementation of the Technical regulation, and in three-months time from the date of entry into force of this Decision to provide representation it on approval of the Commission in accordance with the established procedure.

4. To the parties:

4.1. Prior to the day of entry into force of the Technical regulation to determine the state control (supervision) bodies responsible for implementation of the state control (supervision) of observance of requirements of the Technical regulation and to inform on it the Commission;

4.2. From the date of entry into force of the Technical regulation to provide carrying out the state control (supervision) of observance of requirements of the Technical regulation taking into account subitems 2.2 – 2.3 presents of the Decision.

5. This Decision becomes effective from the date of its official publication.

Members of the commission of the Customs union:

Approved by the Decision of the Commission of the Customs union of December 9, 2011, No. 881

Technical regulation of the Customs union

TP OF TS 022/2011

Food products regarding its marking

Preface

1. This technical regulation of the Customs union is developed according to the Agreement on the single principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of November 18, 2010.

2. This technical regulation of the Customs union is developed for the purpose of establishment on single customs area of the Customs union single obligatory for application and execution of requirements to food products regarding its marking, ensuring free movement of the food products released on single customs area of the Customs union.

Article 1. Scope

1. This technical regulation of the Customs union extends to the food products released on single customs area of the Customs union regarding its marking.

2. This technical regulation of the Customs union does not extend to food products which production is performed by the organizations of public catering in the course of rendering services of public catering for consumption on site of production, and also on food products which production is performed by physical persons in personal subsidiary farms not for the purposes of implementation of business activity.

3. This technical regulation of the Customs union establishes requirements to food products regarding its marking for the purpose of the prevention of the actions misleading consumers concerning ensuring realization of the rights of consumers to reliable information about food products.

4. In case of application of this technical regulation of the Customs union additional requirements of technical regulations of the Customs union on the separate types of food products regarding its marking which are not contradicting this technical regulation shall be considered.

Article 2. Determinations

In this technical regulation of the Customs union the following terms and their determinations are applied:

date of production of food products - end date of engineering procedure of production of food products;

information on distinctive signs of food products - data on food products which confirm availability of the properties of food products allowing to distinguish it from other food products (including about nutrition value, the place of origin, structure, other properties);

leaf insert - the data carrier on which marking is applied and which is located in consumer packaging and (or) shipping package or is applied to consumer packaging and (or) to shipping package;

the label - the data carrier on which marking is applied and which is attached to consumer packaging and (or) shipping package, including by gluing;

marking of food products - information on food products placed in the form of texts, drawings, signs, symbols, other designations and (or) their combinations on consumer packaging, shipping package or on other type of the data carrier attached to consumer packaging and (or) to shipping package, either placed in them or attached to them;

the consumer - the physical person having the intention to order or acquire or ordering acquiring or using food products only for the personal, family, house and other needs which are not connected with implementation of business activity;

the thought-up name of food products - the word or the phrase which can supplement the name of food products. The thought-up name of food products can not reflect its consumer properties and shall not replace with itself the name of food products;

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