ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of April 30, 2016 No. 190

About technical regulations of safety of food products, safety of meat and meat products, safety of milk and dairy products

According to article 16 of the Constitutional law of the Republic of Tajikistan "About the Government of the Republic of Tajikistan", article 8 of the Law of the Republic of Tajikistan "About technical regulation" and Article 21 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan DECIDES:

1. Approve technical regulations of safety of food products, safety of meat and meat products, safety of milk and dairy products (are applied).

2. To standardization agency, metrology, certification and trade inspection under the Government of the Republic of Tajikistan together with the interested ministries and departments to take necessary measures for implementation of these technical regulations.

3. Enact this resolution after six months from the date of approval of these technical regulations.

Appendix 1

Approved by the Order of the Government of the Republic of Tajikistan of April 30, 2016 , No. 190

Technical regulation "Safety of Food Products"

1. General provisions

1. The technical regulation "Safety of Food Products" (further - the Technical regulation) is developed based on the Law of the Republic of Tajikistan "About technical regulation" for the purpose of establishment of mandatory requirements to safety of the food products which are in circulation in the territory of the Republic of Tajikistan, protection of life and (or) health of the person, the prevention of the actions misleading acquirers (consumers) and environment protection.

2. In case of application of this technical regulation requirements of the technical regulations of the Republic of Tajikistan establishing mandatory requirements to uniform types of food products and production processes (production), storage, transportation (transportation), realization and utilization (further - technical regulations of the Republic of Tajikistan on uniform types of food products) supplementing and (or) specifying requirements of this Technical regulation connected with requirements to them shall be considered.

2. Scope

3. This Technical regulation establishes:

- objects of technical regulation;

- safety requirements (including sanitary and epidemiologic, hygienic and veterinary) to objects of technical regulation;

- rules of identification of objects of technical regulation;

- forms and assessment procedures (confirmation) of compliance of objects of technical regulation to requirements of this Technical regulation.

4. In case of application of this Technical regulation the requirements to food products regarding its marking, to the materials of packaging, products and the equipment for production of food products contacting to food products established by the corresponding technical regulations of the Republic of Tajikistan shall be considered.

5. The requirements to uniform types of food products and the production processes (production), storage of transportation (transportation), realization and utilization connected with requirements to them established by other technical regulations of the Republic of Tajikistan cannot change requirements of this Technical regulation.

6. Technical regulations of the Republic of Tajikistan on uniform types of food products may contain the requirements to marking which are not conflicting to requirements of this Technical regulation.

7. Objects of technical regulation of this Technical regulation are:

- food products;

- the production processes (production), storage, transportation (transportation), realization and utilization connected with requirements to food products.

8. This Technical regulation does not extend to the food products made by citizens in house conditions, in personal subsidiary farms or the citizens who are engaged in gardening, truck farming, livestock production and production processes (production), storage, the transportation (transportation) and utilization of the food products intended only for private consumption, and not intended for release into the stream of commerce in the territory of the Republic of Tajikistan, cultivation of crops and productive animals under natural conditions.

3. Basic concepts

9. In this Technical regulation the following basic concepts are used:

- adapted dairy mixes (substitutes of women's milk) - the food products for baby food for children of early age made in liquid or powdery form on the basis of cow's milk or milk of other productive animals and as close as possible on the chemical composition to women's milk for the purpose of satisfaction of physiological needs of children of the first year of life for necessary substances and energy;

- fragrance food (fragrance) - directly vkusoaromatichesky substances or vkusoaromatichesky medicine, either thermal technological fragrance, or koptilny fragrance, or predecessors of fragrances which are not eaten by the person, or their mix (vkusoaromatichesky part) intended for giving of food products of aroma and (or) taste (except for sweet, sour and salty), with addition or without addition of other components;

- safety of food products - the condition of food products testimonial of lack of the unacceptable risk connected with harmful effects per capita and future generations;

- dietary supplements to food - natural and (or) identical natural, biologically active agents, and also the pro-biotic microorganisms intended for the use along with food or introductions in structure of food products;

- drinking water for baby food - the drinking water intended for drink by children, cookings and recoveries of dry products for food of children in house conditions;

- water biological resources - the fishes, water invertebrates, water mammals, seaweed, other water animals and plants which are in the native habitat (in condition of natural freedom);

- harmful effects per capita food products, impact of the adverse factors connected with availability in food products of contaminants, the pollutants creating threat of life or to health of the person or threat for life and health of future generations;

- release into the stream of commerce of food products - purchase and sale and different ways of transfer of food products in the territory of the Republic of Tajikistan, starting with the manufacturer or the importer;

- gene-modified (genetically engineered, transgene) organisms (further - GMO) - the organism or several organisms, any noncellular, monocelled or multicellular education capable to reproduction or transfer of heritable genetic material, the other than natural organisms, received using methods of genetic engineering and (or) containing genetically engineered materials, including genes, their fragments or combinations of genes;

- veterinary and sanitary certification of conditions of production of the production facilities performing activities for obtaining, conversion (processing) not processed food (food), raw materials of animal origin (further - state registration of production facilities) - implementation of the admission of the legal entity or individual entrepreneur to activities for obtaining, conversion (processing) of not processed food (food) staples of animal origin;

- children's grass drink (herbal tea) - the food products for baby food made on the basis of herbs and extracts of herbs;

- identification of food products - the procedure of reference of food products to objects of technical regulation of the technical regulation;

- the manufacturer of food products - the organization irrespective of its form of business or the individual entrepreneur, including foreign, performing on its own behalf production (production) of food products for realization to acquirers (consumers) and bearing responsibility for compliance of these products to requirements of technical regulations;

- the importer - the resident of the Republic of Tajikistan releasing the food products in the territory of the Republic of Tajikistan delivered not by resident of the Republic of Tajikistan, and bearing responsibility for compliance of such products to requirements of this Technical regulation;

- component of food products (food ingredient) (further - component) - product or substance (including nutritional supplements, fragrances) which according to compounding are used in case of production (production) of food products and are its component;

- contamination (pollution) of food products - hit in food products of objects, particles, substances and organisms (contaminants, pollutants) and their presence at the quantities unusual for these food products or exceeding the established levels owing to what it acquires properties, dangerous to the person; initial dairy mixes - adapted (as close as possible on the chemical composition to women's milk) or partially adapted (partially approximate on the chemical composition to women's milk) the mixes made on the basis of cow's milk or milk of other productive animals and intended for feeding of children from the first days of life to six months;

- not processed food products of animal origin - not undergone conversion (processing) of ink (carcass) of productive animal all types, their parts (including blood and offal), milk raw, raw skim milk, cream crude, products of beekeeping, egg and yaytseproduktion, catch of water biological resources, aquaculture products;

- regulations of physiological needs for energy and feedstuffs - the level of daily consumption of feedstuffs sufficient for satisfaction of physiological requirements of at least 97,5 of percent of the population taking into account age, sex, physiological condition and physical activity;

- nutrients (feedstuffs) - the substances which are components of food products which are used by human body as power sources, sources or predecessors of substrata for creation, growth and updating of bodies and fabrics, formation of physiologically active agents participating in regulation of processes of activity, and determining nutrition value of food products;

- the enriched food products - food products to which one or more food and (or) biologically active agents and (or) pro-biotic microorganisms which are not present at it initially, or present at insufficient quantity or lost in production process (production) are added at the same time the content of each food or biologically active agent used for enrichment guaranteed by the manufacturer is brought to the level corresponding to criteria for food products - source of feedstuff or other distinctive signs of food products, and the maximum level of soderzhkaniye food and (or), biologically active agents in such products shall not exceed the upper safe level of consumption of such substances in case of receipt from all possible sources (in the presence of such levels);

- aquaculture objects - the fishes, water invertebrates, water mammals, seaweed, other water animals and plants containing, divorced, including who are grown up in semi-free conditions or artificially created habitat;

- batch of food products - the certain quantity of the food products of one name which are equally packed, made (made) by one manufacturer according to one regional (interstate) standard or the national standard, and (or) specifications, and (or) other documents of the manufacturer in certain period, accompanied with the shipping documentation providing traceability of food products;

- nutritional supplement - any substance (or mix of substances) having or not having own nutrition value, usually not eaten by the person directly, purposely entered into food products with the technological purpose (function) in case of its production (production), transportation (transportation) and storage that brings or can lead to the fact that this substance or products of its transformations become components of food products;

- nutritional supplement can perform one or several technological functions;

- food products - products of animal, vegetable, microbiological, mineral, artificial or biotechnological origin in the natural, processed or processed type which are intended for the use by the person in food, including specialized food products, the drinking water which is packed up in reservoir, drinking mineral water, alcoholic products (including beer and drinks on the basis of beer), soft drinks, dietary supplements to food, chewing gum, ferments and starting cultures of microorganisms, yeast, nutritional supplements and fragrances, and also food (food) staples;

- food products of aquaculture - the aquaculture objects taken (caught) from semi-free conditions their contents, cultivation or artificially created habitat;

- food products of dietary clinical nutrition - specialized food products with the set nutrition and energy value, physical and organoleptic properties and held for use as a part of medical diets;

- food products of dietary preventive foods - the specialized food products intended for correction carbohydrate, fatty, proteinaceous vitamin and other types of metabolism in which content and (or) ratio of separate substances of their rather natural content is changed and (or) the list of whom includes not the substances or components which are present initially, and also the food products intended for decrease in risk of development of diseases;

- food products for baby food - the specialized food products intended for baby food for children, (for children of early age from 0 to 3 years, is also more senior than children of preschool age from 3 to 6 years, children of school age of 6 years), meeting the corresponding physiological requirements of children's organism and not doing harm to health of the child of the corresponding age;

- food products for food of athletes - the specialized food products of the set chemical composition, the increased nutrition value and (or) directed efficiency consisting of complex of products or provided by their separate types which exert specific impact on increase in adaptive opportunities of the person to physical and neuroemotional activities;

- food products of nonindustrial production - the food products received by citizens in house conditions and (or) in personal subsidiary farms or the citizens who are engaged in gardening, truck farming, livestock production and other types of activity;

- food products of new type - the food products (including nutritional supplements and fragrances) which were earlier not used by the person in food in the territory of the Republic of Tajikistan, namely with the new or purposely changed primary molecular structure consisting or allocated from microorganisms, microscopic mushrooms and seaweed, plants, allocated from animals, received from GMO or with their use, nanomaterials and products of nanotechnologies; except for the food products received by traditional methods, which are in circulation and owing to experience of the considered safe;

- the food products dehydrated - food products from which the water which is present at it initially is fully or partially removed;

- food products of feeding up - food products for baby food which begin to be entered into food allowance of children of the first year of life as amendment to women's milk, substitutes of women's milk or the subsequent dairy mixes and made (made) product-based animal and (or) phytogenesis;

- food products of the mixed structure - the food products consisting of two or more components, except for nutritional supplements and fragrances;

- conversion (processing) - thermal treatment (except freezing and chilling), smoking, conservation, maturing, souring, the ambassador, drying, pickling, concoction, extraction, extrusion or combination of these processes;

- the subsequent dairy mixes - adapted (as much as possible yu confidants on the chemical composition to women's milk) or partially adapted (partially approximate on the chemical composition to women's milk) the mixes made on the basis of cow's milk or milk of other productive animals and intended for food of children aged are more senior than six months in combination with feeding up products;

- prebiotics - the feedstuffs which are selectively stimulating growth and (or) biological activity of representatives of protective intestinal microflora of the person promoting maintenance of its normal structure and biological activity in case of systematic consumption as a part of food products;

- pro-biotic microorganisms - live not pathogenic and netoksigenny microorganisms - the representatives of protective groups of normal intestinal microbiocenosis of the healthy person and natural symbiotic associations arriving as a part of food products for improvement (optimization) of structure and biological activity of protective intestinal microflora of the person; food (food) staples - the products of animal, vegetable, microbiological, mineral, artificial or biotechnological origin and drinking water used for production (production) of food products;

- productive animals are animals, except for fishes, water invertebrates, water mammals and other water animals who are purposefully used for obtaining from them food products;

- production facility on which activities for obtaining, conversion (processing) of not processed food (food) staples of animal origin - the object (the building, structure, the room, construction and other object) intended for implementation of activities for obtaining, conversion (processing) of not processed food (food) staples of animal origin and used when implementing of the specified activities, belonging to the legal entity or physical person as the individual entrepreneur performing the specified activities on the property right or other legal cause are performed;

- traceability of food products - opportunity it is documented (on paper and (or) electronic media) to establish the manufacturer and the subsequent owners of the food products which are in circulation, except the final consumer, and also the place of origin (production, production) food products and (or) food (food) staples;

- production process (production) of food products - set or combination of consistently carried out various technological transactions of production (production) of food products;

- fish of cage content - the fish who is grown up and (or) overdone in adaptation established in water object for its content in live type;

- perishable food products - food products which expiration dates do not exceed 5 days if other is not established by technical regulations of the Republic of Tajikistan on uniform types of food products, requiring specially created temperature conditions of storage and transportation (transportation) for the purpose of preserving safety and prevention of development in it pathogenic microorganisms, microorganisms of spoil and (or) formation of toxins to the levels hazardous to health of the person;

- specialized food products - food products for which requirements to content and (or) ratio of separate substances or all substances and components are established and (or) content and (or) ratio of separate substances of their rather natural content in such food products is changed and (or) the structure includes not the substances or components which are present initially (except nutritional supplements and fragrances) and (or) the manufacturer declares their medicinal and (or) preventive properties and which is intended for the purposes of the safe use of these food products by separate categories of people;

- expiration date of food products - period of time during which the food products shall conform completely to the safety requirements imposed to it established by this Technical regulation and (or) technical regulations of the Republic of Tajikistan on uniform types of food products and also to keep the consumer properties declared in marking and after which the food products are not suitable for proper use;

- technological means - substance or materials or their derivatives (except for the equipment, packaging materials, products and ware) which, without being components of food products, are purposely used in case of conversion of food (food) staples and (or) in case of production of food products for accomplishment of particular technological purposes and after their achievement are removed from such raw materials, such food products, or the residual number of whom do not render technological effect in finished food products;

- tonics - the soft and low alcohol drinks containing the toning substances (components) including phytogenesis, in the quantity sufficient for ensuring the toning effect on human body, except for tea, coffee and drinks on their basis;

- catch of water biological resources - the water biological resources taken (vshovlenny) of the native habitat;

- utilization of food products - use of the Republic of Tajikistan which is not conforming to requirements of technical regulations of food products for the purpose of, other than the purposes for which the food products are intended and in which it is usually used, or reduction of the Republic of Tajikistan which is not conforming to requirements of technical regulations of food products in the condition not suitable for any its use and application, and also the excluding adverse effect it per capita, animals and the environment.

4. Rules of market circulation

10. The food products are turned out in market circulation in case of its compliance to this Technical regulation, and also other technical regulations of the Republic of Tajikistan which action extends to it.

11. The food products which are conforming to requirements of this Technical regulation, other technical regulations of the Republic of Tajikistan which action extends to it, and passed assessment (confirmation) of compliance are marked by mark of conformity to technical regulations of the Republic of Tajikistan.

12. The food products which are in circulation including food (food) staples, shall be followed by the shipping documentation providing traceability of these products.

13. The food products which are not conforming to requirements of this Technical regulation and (or) other technical regulations of the Republic of Tajikistan which action extends to it including food products with the expired expiration dates are subject to retirement by the participant of economic activity (the owner of food products independently, or according to the instruction of authorized bodies of the state control (supervision) of the Republic of Tajikistan.

5. Identification of food products (processes)

14. For the purposes of reference of food products to objects of technical regulation to which this Technical regulation is applied by interested persons perform identification of food products.

15. Identification of food products is carried out according to its name and (or) its signs stated in determination of such products in this Technical regulation or in technical regulations of the Republic of Tajikistan on uniform types of food products, and (or) visual and (or) organoleptic, and (or) analytical methods.

16. Identification of food products is carried out by the following methods:

- according to the name - by the comparison of the name and purpose of food products specified in marking on consumer packaging and (or) in the shipping documentation with the name specified in determination of type of food products in this Technical regulation and (or) in technical regulations of the Republic of Tajikistan uniform types of food products;

- by visual method - by comparison of appearance of food products with the signs stated in determination of such food products in this Technical regulation and (or) in technical regulations of the Republic of Tajikistan on uniform types of food products;

- by organoleptic method - by comparison of organoleptic indicators of food products with the signs stated in determination of such food products in this Technical regulation or in technical regulations of the Republic of Tajikistan on uniform types of food products. The organoleptic method is applied if the food products cannot be identified according to the name or visual method;

- by analytical method - by check of compliance of the physicist - chemical and (or) microbiological indicators of food products to the signs stated in determination of such food products in this Technical regulation or in technical regulations of the Republic of Tajikistan on uniform types of food products. The analytical method is applied if the food products cannot be identified according to the name, visual or organoleptic by methods.

6. General requirements of safety of food products

17. The food products which are in circulation in the territory of the Republic of Tajikistan during fixed term of the validity in case of proper use shall be safe.

18. Indicators of safety of food products are established in appendices 1 and 2 to this Technical regulation.

19. Safety indicators (except microbiological) for food products of the mixed structure are determined by contribution of separate components taking into account mass fractions and indicators of safety for these components installed by this Technical regulation if other is not installed by applications 1 and 2 of this Technical regulation and (or) technical regulations of the Republic of Tajikistan on uniform types of food products,

20. Indicators, safety (except microbiological) the dehydrated food products are calculated in terms of initial food (food) staples taking into account content of solids in it and in the dehydrated food products if other is not installed by applications 1 and 2 of this Technical regulation and (or) technical regulations of the Republic of Tajikistan on uniform types of food products.

21. In the food products which are in circulation availability of causative agents of infectious, parasitic diseases, their toxins constituting health hazard of the person and animals is not allowed.

22. Expiration dates and storage conditions of food products are established by the manufacturer, agrees the current legislation and normative and technical acts.

23. The materials used for production of packaging of the products contacting to food products shall conform to the requirements established by the corresponding technical regulation of the Republic of Tajikistan.

24. Requirements to the nutritional supplements, fragrances and technological means used in case of production of food products are established corresponding technical regulations of the Republic of Tajikistan.

25. In case of production (production) of food products from the food (food) staples received from GMO of vegetable, animal and microbic origin the GMOs lines which underwent state registration shall be used.

26. If the manufacturer in case of production of food products did not use GMO; content of GMO in food products of 0,9 of percent and less; GMO is accidental or technically ineradicable impurity, such food products do not belong to the food products containing GMO.

27. Production (production) of food products for baby food for children of the first year of life is performed on specialized production facilities, or in specialized shops, or on specialized processing lines.

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