LAW OF UKRAINE

of May 18, 2017 No. 2042-VIII

About the state control of compliance with law concerning foodstuff, forages, by-products of animal origin, health and wellbeing of animals

This Law determines legal and organizational basis of the state control exercised for the purpose of check of observance by operators of the market of the legislation concerning foodstuff, forages, health and wellbeing of animals, and also the legislation concerning by-products of animal origin when importing (transfer) of such by-products to customs area of Ukraine.

Section I General provisions

Article 1. Determination of terms

In this Law the stated below terms are used in such value:

1) accredited laboratory - the laboratory of any pattern of ownership located in Ukraine or other country, accredited on compliance to requirements of the ISO/IEC 17025 standard (GSTU ISO/IEC 17025) National authority of Ukraine on accreditation, foreign accreditation body which is complete member of ILAC (The international organization for cooperation in the field of accreditation of laboratories) or other foreign accreditation body which activities meet the requirements of the ISO/IEC 17011 standard (GSTU ISO/IEC 17011);

2) arbitral laboratory research (testing) - laboratory research (testing) which is conducted by accredited laboratory with use of the methods confirming (referens) upon the demand of person who disputes results of the main laboratory research (testing);

3) audit - systematic and independent studying of certain action for the purpose of determination of whether there correspond such activities and the related results to the planned actions and such measures are implemented productively and method which allows to achieve effective objective;

4) validation - check and providing objective proofs that the plan of accomplishment of actions of any kind including determined by the regulatory legal act, the regulation, the standard, method (technique) of carrying out researches (testing) allows with high probability to achieve effective objective;

5) load - certain amount of foodstuff, forages, hay, straw, by-products of animal origin of one type (according to the approved forms of international certificates if their approval is provided by this Law) which is followed by one international certificate (if its availability is required under the law), is transported by one vehicle and arrives from one country or its separate territory (zone or kompartment);

6) sampling - form of the state control consisting in implementation of sampling of foodstuff, forages, hay, straw, by-products of animal origin or any substances (including from the environment) which are connected with production and/or turnover of foodstuff or forages, health and wellbeing of animals, for the purpose of check by carrying out simple or laboratory researches (testing) of compliance to the legislation concerning foodstuff, forages, by-products of animal origin, health and wellbeing of animals;

7) the state veterinary inspector - person who works in system of competent authority meets the qualification requirements established present By the law and to which service duties implementation of actions of the state control of foodstuff of animal origin, forages of animal origin, by-products of animal origin, hay, straw, health and wellbeing of animals belongs;

8) the state inspector - person who works in system of competent authority has the higher education (degree not lower than the specialist/master), work experience at least one year in the field of application (implementation) of sanitary and/or phytosanitary and/or veterinary and sanitary actions and to which service duties implementation of actions of the state control belongs;

9) the state control - activities of competent authority, its territorial authorities, the state inspectors, state veterinary inspectors, assistants to the state veterinary inspector and authorized persons which is performed for the purpose of check of compliance of activities of operators of the market to requirements of the legislation concerning foodstuff, forages, health and wellbeing of animals, and also elimination of effects of discrepancy and accountability for violation of relevant requirements. The state control includes also activities for check of compliance to the legislation on by-products of animal origin when importing (transfer) of such products to customs area of Ukraine;

10) the state monitoring - implementation within the actions of the state control of consecutive observations and/or measurements according to the plan of the state monitoring with subsequent their analysis and generalization for the purpose of receipt of general idea about the state of affairs on compliance with law concerning foodstuff, forages, health and wellbeing of animals;

11) documentary check on frontier (documentary check) - the form of the state control on frontier of Ukraine of load which is imported (is sent) on customs area of Ukraine which consists in the implementation of verification of the international certificate and other documents required according to the law and/or other documents which are required according to customs rules and contain information concerning load compliance to the legislation on foodstuff, sterns, by-products of animal origin;

12) equivalence - capability of different systems or measures of the state control to provide achievement of the identical purposes;

13) the general veterinary document for import - the document of the established form, two-piece, in first of which the operator of the market specifies (declares) data on load with products which is subject to import (transfer) to customs area of Ukraine through the appointed boundary inspection post, including type, the country and the place of origin, the place of consignment, and in the second part the state veterinary inspector notes information on results of the state control of such load;

14) the general document for import - the document of the established form, two-piece, in first of which the operator of the market specifies (declares) data on load with foodstuff of not animal origin or sterns of not animal origin which in case of import (transfer) to customs area of Ukraine are subject to the strengthened state control, including type, the country and the place of origin, the place of consignment, and in the second part the state inspector specifies information on results of the state control of such load at the appointed check point on frontier of Ukraine;

15) the legislation about health and wellbeing of animals - the laws and other regulatory legal acts which are directed to prevention of spread of diseases of animals and also determine conditions of keeping of animals, including systematic leaving, due feeding, proper rooms for content of animals, prevention of diseases, humane treatment of animals, including during face;

16) the legislation on sterns - the laws and other regulatory legal acts which establish requirements to sterns at any stages of their production, the address and use;

17) the legislation on foodstuff - the laws and other regulatory legal acts which establish requirements to foodstuff at any stages of their production and the address;

18) detention - the procedure by means of which movement or change of condition of load before decision concerning its destination is excluded. Detention can include storage of load by the operator of the market or person responsible for load, as directed the state inspector (the state veterinary inspector);

19) inspection - form of the state control which consists in implementation of check of the state of health and wellbeing of animals, production and turnover of foodstuff and forages for the purpose of establishment of compliance to the legislation on foodstuff, sterns, health and wellbeing of animals;

20) competent authority - the central executive body providing forming also implements state policy in the field of safety and separate quality factors of foodstuff and in the field of veterinary medicine. The term "competent authority" for other country means relevant organ of this country to which powers on the organization and implementation of the state control of compliance with law concerning foodstuff, forages, by-products of animal origin, health and wellbeing of animals are conferred;

21) composite product - the foodstuff which is at the same time containing the processed foodstuff of animal origin and foodstuff of plant origin in the structure including such in which conversion of primary production is integral part of production of final foodstuff;

22) the international certificate - the clean bill of health, the international veterinary certificate or other document which is issued by competent authority of country of source or the exporting country and certifies the state of health of animal and/or safety of foodstuff, forage, hay, straw or by-product of animal origin;

23) discrepancy - violations by the operator of the market of requirements of this Law, the legislation concerning foodstuff, forages, by-products of animal origin, health and wellbeing of animals;

23-1) fish products - objects of trade and objects of aquaculture (except live beach clams, live erinaceouses, living coelenterates, live sea Castropoda, and also all mammals, reptiles and frogs), including their edible forms, parts and products received from them;

23-2) fishing freezer ship - the vessel (capacity) which is intended, specially equipped and are used for freezing of fish products which in appropriate cases preparatory work, in particular precedes bleeding, head removal, visceration and removal of swimmers after which if it is necessary, the Primary package or packaging in display outer (packaging) is performed;

23-3) fishing vessel - the vessel (capacity), intended are also specially equipped for fishery implementation, in particular catch, acceptance, processings, including filetirovaniye, cuttings with slices, removal of skin (scraping), removal of sinks, cleaning of scales, crushing and/or conversion then packaging or packaging in display outer (packaging) is performed primary, and in case of need - also chillings or freezings, and also overloads, transportations, storages of fish products;

24) the operator of the market – the operator of the market of foodstuff, the operator of the market of forages, the operator of the market in the field of the address with by-products of animal origin, the operator of capacities on which animals, the operator of the market of the materials and objects intended for contact with foodstuff contain;

25) person responsible for load (for the purposes of the Section VII of this Law) the owner of load or its representative;

26) the official veterinarian - the specialist of veterinary medicine who conforms the stipulated in Clause 13 these Laws to qualification requirements has work experience in at least two years and to which the competent authority confers powers for accomplishment of separate actions of the state control on certain capacity (economy);

27) risk assessment - the evidence-based process including identification of dangerous factor, the characteristic of dangerous factor, assessment of its impact, the characteristic of risk;

28) check of compliance on frontier (further - check of compliance) - form of the state control on frontier of Ukraine which consists in visual survey and is carried out for the purpose of check or the international certificate (certificates) and/or documents which accompany load correspond to marking and content of load which is imported (is sent) on customs area of Ukraine;

29) by-products of animal origin - the by-products of animal origin which are not intended for consumption by the person and the products of their processing and conversion determined by the Law of Ukraine "About the by-products of animal origin which are not intended for consumption by the person";

30) validity mark - mark which is applied in connection therewith by the Law to confirmation of suitability of not processed foodstuff of animal origin for consumption by the person;

31) the assistant to the state veterinary inspector - the specialist of veterinary medicine meeting the established presents By the law the requirements also works in system of competent authority under the leadership of the state veterinary inspector;

32) products (for the purposes of the Section VII of this Law) - foodstuff of animal origin (including composite products), stern of animal origin, hay, straw, by-products of animal origin;

33) simple researches (testing) - organoleptic investigations (on smell, color, consistence, taste), simple physical and analyses (cutting, defrosting, heating and other), researches (testing) by means of express diagnostics methods which do not require the direction of the selected samples in laboratory and are conducted in the cases determined by this Law at the venue of actions of the state control;

34) referens-laboratory - accredited laboratory to which according to requirements of this Law powers on accomplishment of the functions determined by this Law are conferred;

35) analysis system of dangerous factors and control in critical points (Hazard Analysis and Critical Control Points NASSR) - the system which identifies evaluates and controls dangerous factors which are determining for safety of foodstuff;

36) authorized laboratory - accredited laboratory to which the competent authority confers powers to conduct for the purposes of the state control laboratory researches (testing) of the selected samples of foodstuff, forages, hay, straw, by-products of animal origin and substances (including from the environment) which are connected with production and/or turnover of foodstuff or forages, health and wellbeing of animals;

37) the authorized person - the official veterinarian, the authorized veterinarian, the captain of the fishing or fishing freezer ship floating under National flag of Ukraine, the worker of slaughter, the representative on fulfillment of duties of the assistant to the state veterinary inspector, authorized laboratory to whom the competent authority according to this Law confers powers concerning implementation of the separate actions of the state control determined by this Law;

37-1) person authorized by the operator of the market - the legal entity or physical person authorized by the operator of the market on representation of its interests based on the law, statutory documents, job descriptions, the power of attorney and/or the order;

38) the authorized veterinarian - the specialist of veterinary medicine who has work experience in at least one year and to whom the competent authority confers powers concerning implementation of separate actions of the state control of farms;

39) physical control on frontier (further - physical control) - the form of the state control on frontier of Ukraine which can include check of vehicles of packaging, markings, temperatures, sampling, carrying out simple and/or laboratory researches (testing) for the purpose of check of compliance of load which is imported (is sent) for customs area of Ukraine, to the legislation on foodstuff, sterns, by-products of animal origin.

2. Other terms are used in this Law in the following values:

the term "destruction" - in the value given in the Law of Ukraine "About retirement, conversions, utilizations, destruction or subsequent use of low-quality and dangerous products";

the term "risk material" - in the value given in the Law of Ukraine "About the by-products of animal origin which are not intended for consumption by the person";

the term "objects of trade" - in the value given in the Law of Ukraine "About fishery, industrial fishery and protection of water bioresources";

the term "aquaculture objects" – in the value given in the Law of Ukraine "About aquaculture";

other terms - in the values given in the laws of Ukraine "About the basic principles and requirements to safety and quality of foodstuff", "About veterinary medicine" and "About safety and hygiene of forages".

Article 2. Legislation on the state control

1. The legislation on the state control consists of the Constitution of Ukraine, this Law, the Customs code of Ukraine, the laws of Ukraine "About the basic principles and requirements to safety and quality of foodstuff", "About veterinary medicine", "About the basic principles of the state supervision (control) in the field of economic activity", "About the basic principles and requirements to organic production, turnover and marking of organic products", "About the materials and objects intended for contact with foodstuff" and other regulatory legal acts published according to it.

2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those which are provided by this Law are applied rules of the international treaty.

Article 3. Law coverage

1. Operation of this Law extends to the public relations connected with implementation of the state control of activities of operators of the market which perform production and/or the address of foodstuff and other objects of sanitary measures and/or forages, including import (transfer) to customs area of Ukraine of foodstuff and/or forages, for the purpose of check of these activities on compliance to the legislation concerning foodstuff and forages, health and wellbeing of animals. Operation of this Law extends also to the public relations connected with implementation of the state control of by-products of animal origin which are imported (are sent) on customs area of Ukraine, for the purpose of their check on compliance to the legislation on by-products of animal origin. Operation of this Law extends to the public relations connected with implementation of the state control of activities of the operators of the market performing organic production and/or turnover of organic products, including import (transfer) to customs area of Ukraine for the purpose of check of these activities on compliance to the legislation on foodstuff and sterns, health and wellbeing of animals and also to the legislation in the field of organic production, turnover and marking of organic products.

2. Operation of this Law does not extend to the public relations relatively:

1) protection of life and health of plants;

2) foodstuff, forages, by-products of animal origin intended (made) for own consumption (use);

3) import to customs area of Ukraine animals, except those that are intended for consumption by the person live.

Section ІІ System of the state control. Powers of executive bodies in the field of the state control. Rights and obligations of operators of the market

Article 4. Executive bodies in the field of implementation of the state control

1. In the field of the state control treat executive bodies:

1) Cabinet of Ministers of Ukraine;

2) the central executive body providing forming also implements state policy in the field of safety and separate quality factors of foodstuff and in the field of veterinary medicine;

3) competent authority.

Article 5. Powers of the Cabinet of Ministers of Ukraine in the field of the state control

1. In the field of the state control treat powers of the Cabinet of Ministers of Ukraine:

1) ensuring carrying out state policy in the field of the state control;

2) the direction and coordination of work of executive bodies in the field of the state control;

3) approval of the list of the appointed boundary inspection posts;

4) approval of the list of the appointed check points on frontier of Ukraine;

5) approval of criteria by which the risk degree from implementation of economic activity, and procedure for determination of frequency of implementation of planned actions of the state control of capacities is evaluated;

6) approval of procedure and criteria of authorization of accredited laboratories, including referens-laboratories, procedure for test by competent authority of observance by them corresponding to criteria of authorization and deprivation of such power;

7) approval of procedure for carrying out arbitral laboratory researches (testing) and accounting of their results for the purposes of the state control;

8) approval of procedure for carrying out audit of competent authority and its territorial authorities;

9) implementation of other powers provided by this Law.

Article 6. Powers of the central executive body, providing forming also implements state policy in the field of safety and separate quality factors of foodstuff and in the field of veterinary medicine

1. The central executive body providing forming also implements state policy in the field of safety and separate quality factors of foodstuff and in the field of veterinary medicine, claims:

1) forms of the acts of the state control applied by the state inspectors and the state veterinary inspectors during inspection and audit and also forms of sampling reports;

2) long-term plan of the state control;

3) control methods of zoonoz;

4) requirements for import (transfer) of customs area of Ukraine of foodstuff of animal origin, forages, hay, straw, and also by-products of animal origin and products of their processing, conversion;

5) the procedure for determination and use of frequency of documentary checks, checks of compliance, physical controls, laboratory researches (testing) of loads which are imported (are sent) on customs area of Ukraine according to requirements of the Section VII of this Law;

Limit 6) rates (amounts) of sampling;

7) procedure for sampling and their transportation (transfer) to authorized laboratories for the purposes of the state control;

8) procedure for the authorization of the captain of the fishing or fishing freezer ship floating under National flag of Ukraine on issue of the international certificates and other documents required by the legislation of the country of destination of fish products;

9) form of the annual status report of accomplishment of long-term and annual plans of the state control;

10) the action plan on case of emergence of the force majeure connected with foodstuff and sterns;

11) rules of functioning of electronic client information control system on the state control and its system components;

12) methods (techniques) of laboratory researches (testing);

13) the methods (techniques) confirming (referens);

14) rules of carrying out laboratory researches (testing) of foodstuff in the agrofood markets;

15) requirements to implementation of system of the bystry message on the threats connected with foodstuff and sterns.

2. The central executive body providing forming also implements state policy in the field of safety and separate quality factors of foodstuff and in the field of veterinary medicine, performs other powers provided by this Law.

Article 7. System and powers of competent authority in the field of the state control

1. Competent authority in the field of the state control:

Will organize 1) and exercises the state control, including on frontier of Ukraine;

Develops 2) and implements the long-term plan of the state control, annually reports to the Cabinet of Ministers of Ukraine on condition of its accomplishment;

Develops 3) and implements the action plan in case of the force majeure connected with foodstuff and/or sterns (further - the action plan in case of force majeure);

4) is approved by the annual plan of the state control and the annual plan of the state monitoring;

5) is provided by carrying out prebottomhole and postmortem examination of animals on the corresponding capacities, postmortem examination of the animals got in the course of hunting;

6) exercises the state control of implementation of the permanent procedures based on the principles of NASSR;

Provides 7) to persons determined by this Law, powers by implementation of separate measures of the state control, controls legitimacy and efficiency of their activities, deprives of such powers in the presence of the bases determined by the legislation and also records and publishes data on authorized persons on the official website;

8) provides legitimacy and efficiency of activities of the structural divisions, territorial authorities and their officials;

9) is established in the annual plan of the state control by frequency of inspection, audit, sampling and laboratory researches (testing) on each capacity on production and/or the address of foodstuff and/or forages;

Approves 10) according to the procedure, determined by the legislation, frequency of documentary checks, checks of compliance, physical controls, laboratory researches (testing) of loads which are imported (are sent) on customs area of Ukraine;

11) involves in case of need in implementation of the state control law enforcement agencies within the powers conferred to them by the law;

12) takes within the powers measures for elimination of violations of this Law, the legislation on foodstuff, sterns, by-products of animal origin, health and wellbeing of animals, and also for involvement of perpetrators to the responsibility established by the law;

13) performs other powers provided by this Law.

2. The system of competent authority is constituted by competent authority, its territorial authorities, and also the public institutions, the companies and the organizations subordinated to competent authority.

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