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RESOLUTION OF THE MINISTRY OF HEALTH OF THE REPUBLIC OF BELARUS

of July 16, 2012 No. 98

About approval of the Instruction about procedure for retirement of products in case of establishment of its discrepancy to requirements of the legislation of the Republic of Belarus in the field of sanitary and epidemiologic wellbeing of the population

Based on Article part three 17, of the paragraph of the eleventh of article 31 of the Law of the Republic of Belarus of January 7, 2012 "About sanitary and epidemiologic wellbeing of the population" and subitem 9.1 of Item 9 of the Regulations on the Ministry of Health of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 28, 2011 No. 1446 "About some questions of the Ministry of Health and measures for implementation of the Presidential decree of the Republic of Belarus of August 11, 2011 No. 360" the Ministry of Health of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for retirement of products in case of establishment of its discrepancy to requirements of the legislation of the Republic of Belarus in the field of sanitary and epidemiologic wellbeing of the population.

2. This resolution becomes effective after its official publication.

Minister V.I.Zharko

IT IS APPROVED

Managing affairs of the President of the Republic of Belarus

N. N. Korbut

16.07.2012

IT IS APPROVED

Chairman of the Gomel regional executive committee

V.A.Dvornik

16.07.2012

IT IS APPROVED

Chairman of the Brest regional executive committee

K. A. Sumar

14.07.2012

IT IS APPROVED

Chairman of the Minsk regional executive committee

B. V. Batura

16.07.2012

IT IS APPROVED

Chairman of the Vitebsk regional executive committee

A. N. Kosinets

16.07.2012

IT IS APPROVED

Chairman of the Grodno regional executive committee

S. B. Shapiro

16.07.2012

IT IS APPROVED

Chairman of the Mogilev regional executive committee

P.M.Rudnik

16.07.2012

IT IS APPROVED

Chairman of the Minsk city executive committee

N. A. Ladutko

16.07.2012

 

Approved by the Resolution of the Ministry of Health of the Republic of Belarus of July 16, 2012 No. 98

The instruction about procedure for retirement of products in case of establishment of its discrepancy to requirements of the legislation of the Republic of Belarus in the field of sanitary and epidemiologic wellbeing of the population

1. This Instruction determines procedure for retirement of products in case of establishment of its discrepancy to requirements of the legislation of the Republic of Belarus in the field of sanitary and epidemiologic wellbeing of the population.

2. This Instruction does not extend to the products arrested, confiscated or turned into the income of the state otherwise, and also which were in the use.

3. In this Instruction the main terms and their determinations in the values established by the Law of the Republic of Belarus of January 7, 2012 "About sanitary and epidemiologic wellbeing of the population" are applied (The national register of legal acts of the Republic of Belarus, 2012, No. 8, 2/1892).

4. Products which are in circulation, in case of establishment of its discrepancy to requirements of the legislation of the Republic of Belarus in the field of sanitary and epidemiologic wellbeing of the population, including by results of laboratory researches, in the absence of marking or having the marking which is not conforming to the requirements established by the legislation of the Republic of Belarus, and also having the broken integrity of packaging, the expired expiration date (storages), with strong indications of spoil, in the presence of reliable data about lack of the documents certifying its quality and safety are subject to retirement.

Withdrawal of products specified in part one of this Item is performed based on the instruction about retirement of products (further - the instruction) which is taken out by the deputy minister of health care - the Chief state health officer of the Republic of Belarus, the chief state health officer of Administration of the President of the Republic of Belarus, the chief state health officers of areas, cities, areas, areas in the cities - in the territory of areas, the cities, areas, areas in the cities or their authorized deputies.

The instruction shall contain the data necessary for identification of products which are subject to retirement.

5. The instruction is taken out and goes according to the legislation of the Republic of Belarus after receipt of information (protocols of researches (testing), the Republic of Belarus confirming the identification fact in the product circulation, not conforming to requirements of the legislation in the field of sanitary and epidemiologic wellbeing of the population, by means of the mail, cable, teletype, electronic or other service allowing to establish authentically from whom the instruction proceeds:

to the organization, physical person, including the individual entrepreneur performing the address of such products (further - the owner of products) for acceptance of the necessary measures specified in paragraph eleven of article 31 of the Law of the Republic of Belarus "About sanitary and epidemiologic wellbeing of the population";

in the higher body or organization exercising the state sanitary inspection, and another interested if necessary.

6. The owner of products from the date of receipt of the instruction shall provide:

immediate withdrawal of products from the address;

the isolated storage of the withdrawn products;

acceptance of necessary measures for timely informing buyers (consumers) such products, including through mass media if products which are subject to retirement are implemented or used;

the direction in the body or organization exercising the state sanitary inspection (on the corresponding administrative and territorial unit), withdrawal notices by means of the mail, cable, teletype, electronic or other service allowing to establish authentically from whom it proceeds from the product circulation;

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