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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 11, 2015 No. 930

About approval of the Procedure for issue of operational permission, form of operational permission and recognition voided some resolutions of the Cabinet of Ministers of Ukraine

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 05.10.2016 No. 694)

According to paragraph one of part one of article 4-1 of the Law of Ukraine "About authorization system in the field of economic activity" and article 23 of the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff" the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Procedure for issue of operational permission;

form of operational permission.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Prime Minister of Ukraine

A. Yatsenyuk

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 11, 2015 , No. 930

Procedure for issue of operational permission

1. This Procedure determines the procedure of issue, refusal in issue, suspensions of action of operational permission for the operators of the market performing activities for production and/or storage of foodstuff of animal origin (further - operators of the market).

2. Terms in this Procedure are used in the value given in the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff" (further - the Law).

3. Operators of the market shall get operational permission which is issued by territorial authorities of Gosprodpotrebsluzhby on each separate capacity prior to its operation.

The specified obligation does not extend to the operators of the market performing the activities specified in part two of article 23 of the Law.

4. Operational permission is issued on the capacities located at one address (with disaggregation at the level of production line and/or foodstuff depending on type of activity of the operator of the market) and are determined by the operator of the market.

5. The operator of the market uses the new or reconstructed constructions, new production lines after receipt of the act of results of conducting inspection (survey) confirming compliance to requirements of sanitary actions. If in the act it is specified that the new or reconstructed constructions, new production lines do not meet the requirements, their use is possible only after conducting repeated inspection (survey) with execution of the relevant act.

6. Contractors of the actions necessary for issue of operational permission, officials of territorial authorities of Gosprodpotrebsluzhby are.

7. For receipt of operational permission the operator of the market personally or through the body authorized by it or person, or the registered mail submits in one copy the corresponding application and the list of foodstuff which he is going to make or store (further - the list).

8. The operator of the market bears responsibility for unauthenticity of information specified in the statement for receipt of operational permission (further - the statement) and the list.

9. The term of issue of operational permission constitutes 30 calendar days from the date of obtaining by territorial authority of Gosprodpotrebsluzhby of the statement and the list.

10. After receipt of the statement and the list the official of territorial authority of Gosprodpotrebsluzhby carries out inspection (overview) of capacities (objects) for the purpose of establishment of their compliance to sanitary measures.

11. The decision on issue or refusal in issue of operational permission is accepted by territorial authority of Gosprodpotrebsluzhby based on results of inspection (survey) of the declared capacities on their compliance to sanitary measures.

Inspection (overview) of the declared capacities is made no later than 15 calendar days from the date of obtaining by territorial authority of Gosprodpotrebsluzhby of the statement and the list.

12. The amount of payment (administrative collection) for provision of the state service in issue or renewal of action of operational permission constitutes 0,17 of the minimum wage in monthly size established by the law for January 1 of calendar year in which the application is submitted by the operator of the market to the center of provision of administrative services, before determination of the amount of administrative collection by the law.

13. Operational permission is issued by territorial authority of Gosprodpotrebsluzhby in triplicate.

The first copy is issued to the operator of the market, the second - remains in territorial authority of Gosprodpotrebsluzhby, third - goes to Gosprodpotrebsluzhbu.

14. Effective period of operational permission is unrestricted.

15. In case of decision making about refusal in issue of operational permission to the operator of the market it is issued personally and/or the written notice with indication of the stipulated by the legislation bases for such refusal goes the mailing.

16. The decision on refusal in issue of operational permission can be appealed in Gosprodpotrebsluzhbu or court.

17. In case of elimination of the reasons which formed the basis for refusal in issue of operational permission, de novo review of documents is performed by territorial authority of Gosprodpotrebsluzhby in time, not exceeding five working days from the date of repeated receipt of the statement and the list.

18. If the operator of the market does not fulfill the requirement of the order or the order about the temporary termination of functioning of capacity or part of capacity and/or temporary ban of the address of objects of sanitary actions, the official of territorial authority of Gosprodpotrebsluzhby issues the decree on temporary cancellation of operational permission with disaggregation at the level of production line and/or foodstuff, depending on type of activity of the operator of the market.

19. In case of temporary cancellation of operational permission such information is entered in the corresponding register and Gosprodpotrebsluzhboy on its official site is published within three working days.

20. The operator of the market which operational permission is suspended has no right to enable production, the realization and/or the address of foodstuff on such capacities. The specified operator of the market can submit the application to territorial authority of Gosprodpotrebsluzhby about renewal of action of operational permission after elimination of the reasons which formed the basis for such termination.

21. In case of decision making about temporary cancellation of operational permission or its cancellation the operator of the market can appeal such decision in Gosprodpotrebsluzhbu or court.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 11, 2015 No. 930

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