ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 29, 2013 No. 229

About approval of Sanitary regulations about nutritional supplements

Based on parts (2) and (3) article 6 of the Law No. 10/2009 on the state supervision of public health (The official monitor of the Republic of Moldova, 2009, No. 67, the Art. 183), with subsequent changes, parts (5) article 14 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), with subsequent changes, DECIDES: the Government

1. Approve Sanitary regulations about nutritional supplements it (is applied).

2. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 29.11.2023 No. 941

3. This resolution becomes effective after 6 months of date of publication in the Official monitor of the Republic of Moldova.

4. To impose control over the implementation of this resolution on the National agency on safety of foodstuff and the National agency of public health according to the spheres of competence established in the Law No. 306/2018 on safety of foodstuff.

5. The lists of nutritional supplements provided in Item 6-2 of Sanitary regulations on nutritional supplements affirm the order of the Minister of Health with publication as the Official monitor of the Republic of Moldova, and are regularly updated according to the changes made at the European Union level.

6. Foodstuff which loses the compliance when updating lists of the nutritional supplements provided in Item 6-2 of Sanitary regulations on nutritional supplements and which was legally placed in the market before entry into force of changes can remain in the address till the expiry date of product or before exhaustion of inventories.

Approved by the Order of the Government of the Republic of Moldova of March 29, 2013, No. 229

Sanitary regulations about nutritional supplements

These Regulations partially shift Regulations (EU) No. 1333/2008 of the European Parliament and Council of December 16, 2008 about nutritional supplements published in the Official magazine of the European Union by L 354/16 of December 31, 2008 with the last changes made by Regulations (EU) 2023/1774.

Chapter I General provisions

1. These Regulations establish regulations concerning the nutritional supplements used in foodstuff for the purpose of ensuring effective functioning of the domestic market, high level of public health care and high level of consumer protection, including protection of consumer interests and fair practice of conducting trade in foodstuff taking into account, as necessary, environmental protection.

2. These Regulations provide:

1) determination of nutritional supplements, functional classes of nutritional supplements, contents of the list of nutritional supplements according to the provisions established at the European level;

2) conditions of use of nutritional supplements in food, including in nutritional supplements, food enzymes and food fragrances;

3) rules of labeling of the nutritional supplements realized as such.

3. In these Regulations the determinations provided in the Law No. 306/2018 on safety of foodstuff and also terms which are determined as follows are applied:

nutritional supplement – any substance which usually is not consumed as foodstuff and is not used as characteristic ingredient of foodstuff irrespective of, has or has no nutritional value which deliberate addition in foodstuff in the technological purposes in case of production, conversion, preparation, processing, packaging, transportation or storage of such foodstuff brings or can lead, with sufficient share of probability, to the fact that substance or its by-products become directly or indirectly component of such foodstuff;

technological additive – any substance, which:

a) it is not consumed in food in itself;

b) it is specially used in conversion of raw materials, foodstuff or their ingredients for achievement of particular technological purpose during processing or conversion;

c) can bring to inadvertent, but technically to inevitable content in end product of remaining balance of substance or its derivatives provided that they do not represent risk for health and do not make any technological impact on end product;

functional class – one of the classes established in Item 3-1 of these Regulations based on technological function of nutritional supplement as a part of foodstuff;

not processed foodstuff – foodstuff which did not undergo any processing leading to considerable change of initial condition of foodstuff; in this sense it is considered that do not lead the following types of processing to considerable changes: separation, department, separation, department from bones, crushing, removal of skin, cutting of crust, cleaning of peel, crunching, cutting, cleaning, cutting, deep freezing, freezing, chilling, crushing, vylushchivaniye, packaging and unpacking;

foodstuff without addition of sugars – any foodstuff without:

a) additives of monosaccharides or bioses;

b) any additives of the foodstuff containing monosaccharides or bioses which are used for the sake of their sweetening properties;

foodstuff with reduced energy value – any foodstuff which energy value is reduced, at least, by 30% in comparison with initial foodstuff or similar product;

table sweeteners – any medicines of the permitted sweeteners which may contain other nutritional supplements and/or food ingredients and which are held for sale to the final consumer as substitute of sugars;

quantum satis – the maximum quantitative level is not specified, and substances are used according to proper production practice in the quantity which is not exceeding the level which is necessary for achievement of the planned purpose and provided that the consumer is not misled.

3-1. The following functional classes of nutritional supplements in foodstuff and nutritional supplements in nutritional supplements and food enzymes differ:

1) sweeteners - the substances used for giving of sweet taste to foodstuff or in table sweeteners;

2) dyes - substances which add or recover color of foodstuff and include natural components of foodstuff or other natural sources which, as a rule, are not used as foodstuff in itself and usually are not used in food as typical ingredients. In value of these Regulations the medicines received from foodstuff and other natural edible raw materials, received by the physical and/or chemical extraction leading to selective extraction of the pigments connected with nutritious or aromatic components are considered as dyes;

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