The Law of Ukraine “On the State Control of Compliance with Law Concerning Foodstuff, Forages, By-products of Animal Origin, Health and Wellbeing of Animals” (effective since April 4, 2018) changes approaches to the control measures undertaken by the state.
According to the current Law of Ukraine of April 5, 2007, No. 877 “On Quality and Safety of Food Products and Food Raw Materials” the planned measures of state supervision (control) are carried out by the state supervision (control) bodies over the activities of business entities at enterprises depending on the risk category they are related:
- high risk – not more often than once in two years
- average risk – no more than once every three years
- low risk – not more often than once in five years
The frequency of the planned inspections are not sufficient, be it food producers to be inspected once every 2 years, or wholesale and retail traders of food products, which can be inspected once every five years.
The new Law provides that control will be risk-oriented. It will be implemented with a periodicity sufficient to achieve the objectives of this Law.
Now, if there appears suspicion regarding the quality of a food product (violation of marking/forgery), the state inspectors are authorized to select, for example, samples of dairy products for conducting laboratory tests (tests) for presence of non-dairy fats in traditional dairy products and they can do this within the the framework of both planned, as well as unplanned measures of state control on treatment of an individual (individuals) about violations that caused damage to her (their) rights, legitimate interests, life or health.
The results of this work followed by subsequent analysis and generalization, will make it possible to draw conclusions regarding compliance with the legislation on food products, including the use of vegetable fats by dairy producers.
If it is determined that market operators had violated the requirements of the legislation on safety or certain indicators of food quality (Article 64 of the Law of Ukraine “On Basic Principles and Requirements for Safety and Quality of Food Products””), in particular for the implementation of improperly labeled food products – this entails imposing a fine:
- for legal entities – in the amount of five to eight minimum wages with the recall and/or seizure of such food products
- for individuals – entrepreneurs – in the amount of three to five minimum wages with recall and/or seizure of such food products.
At the same time, the requirements of the Article 64 of the Law of Ukraine “On Basic Principles and Requirements for Safety and Quality of Food Products” are valid until April 4, 2018. After the Law of Ukraine “On the State Control of Compliance with Law Concerning Foodstuff, Forages, By-products of Animal Origin, Health and Wellbeing of Animal” comes into force, it will be replaced by the requirements of Article 65 of this Law. So, for the sales of food or forage with marking that do not comply with the law, if it creates a threat to life and/or health of people or animals, this entails imposing a fine:
- for legal entities – in the amount of eight minimum wages
- for individuals – entrepreneurs – in the amount of five minimum wages
We also inform that the Decree of the Cabinet of Ministers of Ukraine of December 18, 2017 No. 1104 “On Approval of the List of State Supervision (Control) Bodies, Which Are Not Subject to the Law of Ukraine “On Temporary Rules of Implementation of Measures of State Supervision (Control) in the Sphere of Economic Activity”, a list of the state supervision (control) bodies that are not covered by the Law of Ukraine “On Temporary Rules of Implementation of Measures of State Supervision (Control) in the Sphere of Economic Activity”, includes the State Service of Ukraine for Food Safety and Consumers Protection and its territorial bodies (those providing measures for implementation of the state veterinary and sanitary control, state supervision (control) over compliance with sanitary legislation, safety and certain indicators of food quality, compliance with legislation on protection of consumer rights, state supervision in the fields of quarantine and plant protection.