ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 31, 1998 No. 1300

About approval of the Regulations on procedure for the termination of release and (or) realization (accomplishment, rendering) of non-standard, low-quality products (processes, services), withdrawals from turnover of counterfeited products and destruction of products (processes, services), life-threatening and health of consumers and the environment

According to the Law on standardization of N590-XIII of September 22, 1995. (The monitor, 1996, Art. N11-12, 116), the Marine life protection act of the rights of consumers of N1453-XII of May 22, 1993. (The monitor, 1993, N 10, the Art. 281) and the Law on sanitary and epidemiologic providing the population of N1513-XII of June 16, 1993. (The monitor, 1993, N 9, the Art. 256) DECIDES: the Government of the Republic of Moldova

1. Approve Regulations on procedure for the termination of release and (or) realization (accomplishment, rendering) of non-standard, low-quality products (processes, services), withdrawals from turnover of counterfeited products and destruction of products (processes, services), life-threatening and health of consumers and the environment it (is applied).

2. To the Ministry of Agriculture, Water Resources and Processing Industry and the Industry ministry and trade in 2-month time to develop, approve and approve the list of the companies at which products, and also technology instructions (rules) for conversion of non-standard, low-quality, dangerous or counterfeited products will be processed.

Approved by the Order of the Government of the Republic of Moldova No. 1300 of December 31, 1998

Regulations on procedure for the termination of release and (or) realization (accomplishment, rendering) of non-standard, low-quality products (processes, services), withdrawals from turnover of counterfeited products and destruction of products (processes, services), life-threatening and health of consumers and the environment

The regulations on procedure for the termination of release and (or) realization (accomplishment, rendering) of non-standard, low-quality products (processes, services), withdrawals from turnover of counterfeited products and destruction of products (processes, services), life-threatening and health of consumers and the environment (further - provision), are developed according to the Law on standardization, the Marine life protection act of the rights of consumers, the Law on sanitary and epidemiologic providing the population and establish procedure for the termination of release and (or) realization (accomplishment, rendering) of non-standard, low-quality products (processes, services), withdrawals from turnover of counterfeited products and destruction of products (processes, services), life-threatening and health of consumers and the environment.

Action of this provision extends on legal entities and physical person which make or implement (carry out, render) products (processes, services).

I. Main terms and concepts

1. The termination of release and (or) realization (accomplishment, rendering) of products (processes, services) - the measure applied for the purpose of temporary suspension of production and (or) realization (accomplishment, rendering) of products (processes, services) before conducting examination, acceptance and application of stipulated by the legislation measures.

2. Non-standard, low-quality products (processes, services) products (processes, services) which do not conform to requirements of the regulating documentation at least on one indicator of quality.

3. Dangerous products (processes, services) - products (processes, services) posing hazard to life and health of consumers, the environment.

4. Withdrawal of products (processes, services) - the measure directed to elimination of harmful effects of products (processes, services) on life and human health, the environment.

5. Storage of products - process of maintenance of products in integrity and safety before conducting the corresponding examination and final permission of case.

6. Utilization - engineering procedure on conversion of products and its use to destination.

7. Destruction - the process stopping existence of products.

8. Counterfeited products - the counterfeited products issued for the consumer, authentic for the purpose of deception.

9. The economic agent - the legal and (or) physical person who is engaged in business activity.

II. Bodies, authorized to exercise the state control of product quality (processes, services)

Bodies, authorized to exercise control of product quality (processes, services), are:

Department of standards, metrology and technical supervision;

Public sanitary and epidemiologic service of the Ministry of Health;

Public veterinary service;

Management of the state trade inspectorate for consumer protection of the Industry ministry and trade;

The state inspectorate for supervision of quality of alcoholic products under the Ministry of Agriculture, Water Resources and Processing Industry.

Other bodies performing checks of economic agents and physical persons in case of detection of low-quality, non-standard products (processes, services), counterfeited, dangerous products, shall inform competent monitoring body on the opened facts for conducting check and taking measures, stipulated by the legislation.

III. Procedure and conditions of the termination of release and (or) realization (accomplishment, rendering) of low-quality, non-standard products (processes, services)

1. The termination of release and (or) realization (accomplishment, rendering) of low-quality, non-standard products (processes, services) is performed by officials, the authorized bodies specified in the Section II of this provision according to their competence when the production process and (or) realization (accomplishment, rendering) need to be suspended temporarily before conducting the corresponding examination and acceptance of stipulated by the legislation measures.

2. For products quality evaluation (processes, services) and control of observance of requirements of the regulating documentation for standardization samples (tests) of products (processes, services) are selected.

The technique of selection and quality of the selected samples (tests) shall conform to requirements of standards of specific products (process, service).

Sampling (tests) is drawn up by the act.

The lot of products (processes, services) from which samples (tests) are selected is forbidden to realization (accomplishment, rendering) before carrying out testing (examination) and receipt of results. For perishable products terms of its realization are considered.

Identification, technical inspection of products (processes, services) is performed by the official of monitoring body in the presence of the economic agent.

Results of examination and testing of samples extend to all lot of products (processes, services) from which they were selected.

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