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LAW OF THE REPUBLIC OF MOLDOVA

of March 28, 2013 No. 50

About official control for the purpose of check of compliance to the fodder and food law and the rules concerning health and wellbeing of animals

(as amended on 16-07-2020)

   The parliament adopts this ordinary law.

   This law provides transposing of Sections I, II, III, V, VI (Chapter II) and the VII (Chapter I) Regulations (EU) to No. 882/2004 of the European Parliament and Council of April 29, 2004 about the official control which is carried out for the purpose of ensuring check of compliance to the fodder and food law, and also the rules concerning health and the wellbeing of animals published in the Official magazine of the European Union by L 165 of April 30, 2004.

Chapter I. General provisions  

Article 1. Subject and field of regulation

   (1) This law establishes general rules of carrying out the official control aiming at check of compliance to the rules directed on:

   a) the prevention, exception or reducing to admissible levels of risks for human health and animals, is direct or through the environment;

   b) guaranteeing correct practice in trade in sterns and foodstuff and protection of consumer interests, including marking of forages and foodstuff and other forms of informing consumers.

   (2) Carrying out official control based on this law does not affect primary legal responsibility of subjects of fodder and food sectors for safety of forages and foodstuff according to the fodder and food law, and also any civil or criminal liability following from violation of the obligations by them.

   (3) This law does not regulate the forages used in home farms.

Article 2. Basic concepts

For the purpose of application of this law the concepts determined in the Security act of foodstuff No. 306/2018, are used and the following basic concepts are in addition determined:

    audit – the systematic and independent consideration of observance of procedure for carrying out official control for the purpose of check of compliance to the fodder and food law, and also the rules concerning health and wellbeing of animals intended for determination of whether there correspond actions and the related results to the established provisions, whether these provisions are effectively applied and whether they are suitable for goal achievement;

    official certification – the procedure by means of which the competent authority and/or regulatory authorities by issue of the relevant documents certify compliance;

    identification check – visual the survey aiming at check of compliance of the documents accompanying consignment, to content of batch and information on marking;

    physical control – check of forages or foodstuff which can include check of vehicles, packagings, markings and storage temperatures, sampling for laboratory research and the analysis or other control, compliance to the fodder and food law, necessary for check;

    verification of documentation – studying of trade documents and, if necessary, the documents required based on the fodder and food law, and also rules concerning health and wellbeing of animals who accompany consignment;

    equivalence – capability of different systems or measures to carry out the same purposes. "Equivalent" means the different systems or measures capable to carry out the same purposes;

    the inspector – the chief of territorial subdivision or other official given the inspection right from structure of the National agency on the safety of foodstuff having education in the field of protection of plants or other agronomical profile in sanitary and veterinary or zootechnical area, in the field of safety of foodstuff or public catering;

    inspection – research the inspector of any aspect from the areas provided in part (3) article 18 of the Law No. 113 of May 18, 2012, for the purpose of check of compliance of these aspects to requirements of the current legislation;

    introduction – release into the stream of commerce, and also commodity importation according to customs procedures and placement them in free zone or on customs warehouse;

    the fodder and food law – the regulations regulating forages and foodstuff in general and also their safety throughout all food chain;

monitoring – carrying out planned or, if necessary, sudden observations or measurements for the purpose of check of level of compliance of forages and foodstuff to the legislation in the field, and also to the rules concerning health and wellbeing of animals;

    discrepancy to the legislation – discrepancy of forages and foodstuff to requirements of the legislation in the field, and also to the rules concerning health and wellbeing of animals;

    the plan of control – the description established by competent authority, containing general information about structure and the organization of its systems of official control;

    sampling – sampling of forage or the foodstuff or other substance (including from the environment) relating to all food chain for the purpose of check by means of the analysis of observance of the fodder and food law, and also rules concerning health and wellbeing of animals;

    official detention – the procedure by means of which the competent authority provides that the suspicious forage or foodstuff did not move or was not exposed to spoil before decision making about its subsequent assignment; this procedure includes storage of the detained load by subjects of fodder and food sectors according to instructions of competent authority;

   supervision – implementation of observation of activities of one or several companies of the fodder or food sector, one or several subjects of the fodder or food sector;

   check – check by research and consideration of the objective data of fulfillment of requirements provided by the existing regulations.

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