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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 15, 2016 No. 1246

About approval of the Technical regulation about the products which are imitation of food which threaten health and safety of consumers

(as amended on 20-07-2018)

For accomplishment of provisions of article 3 of the Law No. 422-XVI of December 22, 2006 on general safety of products (The official monitor of the Republic of Moldova, 2007, Art. No. 36-38, 145), with subsequent changes and amendments and according to the Law No. 420-XVI of December 22, 2006 on technical regulation (The official monitor of the Republic of Moldova, 2007, Art. No. 36-38, 141), with subsequent changes and amendments, DECIDES: the Government

1. Approve the Technical regulation about the products which are imitation of food which threaten health and safety of consumers it (is applied).

2. This Resolution becomes effective since April 1, 2017.

3. The column 3 of appendix No. 1 to the Order of the Government No. 31 of January 23, 2009. "About approval of the regulated areas, the regulating bodies and bodies for supervision of the market" (2009, Art. No. 16-18, 58), with subsequent changes and amendments, to add the official monitor of the Republic of Moldova with the following line item:

"102. Imitation of food".

4. To impose control over the implementation of this resolution on the Ministry of Economy and Infrastructure.

Prime Minister

Paweê Phillip

Countersign:

deputy. Prime Minister, Minister of Economic Affairs

 

Octavian Kalmyk

deputy. Prime Minister, Minister of Foreign Affairs and European Integration

Andrey Galbur

Minister of Justice

Vladimir Chebotar

 

Approved by the Order of the Government of the Republic of Moldova of November 15, 2016, No. 1246

The technical regulation about the products which are imitation of food which threatens health and safety of consumers

The technical regulation shifts the Directive of Council 87/357/EEC of June 25, 1987 about approximation of laws of state members concerning products which, being similar to food, threaten health and the safety of consumers published in the Official magazine of the European Union (JOCE) L192 of July 11, 1987.

Chapter I. General provisions

1. The technical regulation about the products which are imitation of food which threatens health and safety of consumers (further – the Technical regulation), establishes requirements for the purpose of prohibition of realization, import, production and export of the products which are imitation of food for ensuring high level of protection of public concerns, such as health and safety of consumers, especially children.

2. For the purpose of this Technical regulation the following concept is used:

imitation of food – products which are not food, but in form, color, type, packaging, the label, amount or the size can be mixed by consumers, especially children, with food.

3. The consumer protection and supervision agency of the market (further – supervision body behind the market) is the body responsible for control of observance of this Technical regulation.

Part 1. Scope

4. This Technical regulation is applied to the products representing the characteristics described in Item 5, which are not foodstuff, but in form, smell, color, type, packaging, the label, amount or the size consumers, especially children, can confuse them to food and subsequently put in mouth, suck or swallow that can entail suffocation, poisoning, irritation, perforation or impassability of digestive tract.

5. The products imitating food corresponds to the following criteria for determination:

1) color:

a) color of products, in case of transparent package or its absence, is similar to color of food. Various reactions of the person perceiving color of products are transferred by associations of the consumer with certain conditions, qualities, the natural phenomena, etc. These associations are of great importance in implementation process of products, packaging, presentation materials, and color is the message of product to the buyer;

b) color of products is considered the most important factor for aroma perception, establishing consumer expectations concerning taste of products;

2) form, packaging, image:

a) the form of packaging transfers to the consumer of the data, concerning product characteristics;

b) the form of packaging is similar to form of food;

c) images on packaging can create association with food;

d) other aspects of packaging of food appearing on nonfoods such as false information about nutritional value, are increased by similarity of product with food product;

3) taste and smell:

a) characteristics of smell and taste are caused by display or names and other descriptions on product;

b) the smell, taste and the product description can make product imitation when they are very similar to smells and taste of food;

4) availability and storage:

a) imitations of food are more similar to food products when they are placed near them;

b) imitations of food can be used by mistake if are stored near food.

6. The products which are considered as imitation of food shall conform to special safety requirements, namely: rather physical and mechanical properties (Item 1) and chemical properties (Item 3) Chapters II of appendix No. 2 to the Order of the Government No. 83 of January 31, 2008. "About approval of the Technical regulation "Toys. Safety requirements".

Part 2. Sale, import, production and export of the products imitating food

7. Sale, import, production and export of the products imitating food which correspond to the characteristics described in Item 5, is forbidden and do not conform to the special safety requirements stated in Item 6 of this Technical regulation.

Chapter II. Supervision of the market

8. Supervision of the market is exercised according to Law No. 7 provisions of February 26, 2016 on supervision of the market concerning realization of nonfood products.

9. If the body for supervision of the market has good causes to believe that the nonfood product gets under action of this Technical regulation and poses threat for health or safety of consumers, it carries out assessment concerning the corresponding product.

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