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Russia
federal law. About quality and safety of foodstuff 31.03.2006.
(with
changes from December, 30th,
2001, on January, 10th, on June, 30th,
2003, on August, 22nd, 2004, on May,
9th, 5, on December, 31st 2005, On
March, 31st, 2006)
It is accepted by the State Duma on December, 1st, 1999
It is approved by Council of Federation on December, 23rd, 1999
The present Federal
law adjusts attitudes in the field of maintenance of quality
of foodstuff and their safety for health of the person.
Chapter I. General provisions
Clause 1. The basic concepts With a view of the present Federal law following
basic concepts are used:foodstuff - products in the natural or advanced
kind, used by the person in food
(including products of a children's feed, products of a dietary feed),
potable water, alcoholic production (including beer), soft
drinks, a chewing elastic band, and also food raw material, food additives
and
biologically active additives; products of a children's feed - intended
for a feed of children in the age of till 14 years and meeting physiological
needs of a children's organism foodstuff;
products of a dietary feed - intended for a medical and preventive feed
foodstuff; food raw material - raw material of a vegetative, animal, microbiological,
mineral and artificial origin and the water, used for manufacturing foodstuff;
food additives - natural or artificial substances and their connections
specially
entered into foodstuff during their manufacturing with a view of giving
to
foodstuff of certain properties and (or) preservation of quality of foodstuff;
biologically active additives - natural (identical natural) biologically
active
substances intended for the use simultaneously with food or introduction
in
structure of foodstuff;
materials and the products contacting to foodstuff (further - materials
and
products) - materials and the products applied to manufacturing, packing,
storage, transportations, realizations and uses of foodstuff, including
the process
equipment, devices and devices, container, utensils, dining facilities;
quality of foodstuff - set of characteristics of the foodstuff, capable
to satisfy
need of the person for food under usual conditions of their use;
safety of foodstuff - a condition of the proved confidence that foodstuff
under
usual conditions of their use are not harmful and health hazards present
and do
not represent the future generations;
food value of foodstuff - set of properties of foodstuff at which presence
physiological needs of the person for necessary substances and energy
are
satisfied;
the certificate of quality and safety of foodstuff, materials and products
- the
document in which the manufacturer certifies conformity of quality and
safety
of each party of foodstuff, materials and products to requirements normative,
technical documentation;
normative documents - state standards, sanitary and veterinary rules and
the
norms establishing the requirements to quality and safety of foodstuff,
materials
and products, to the control over their quality and safety, conditions
of their
manufacturing, storage, transportations, realization and uses, recyclings
or
destructions of poor-quality, dangerous foodstuff, materials and products;
technical documentation - documents according to which are carried out
manufacturing, storage, transportations and realization of foodstuff,
materials
and products (specifications, technological instructions, compoundings
and
others);
turn of foodstuff, materials and products - sale and purchase (including
export
and import) and different ways of transfer of foodstuff, materials and
products
(further - realization), their storage and transportations;
the forged foodstuff, materials and products - foodstuff, materials and
the
products, deliberately changed (counterfeit) and (or) the having latent
properties
and quality, the information about which is obviously incomplete or doubtful;
identification of foodstuff, materials and products - activity on an establishment
of conformity of the certain foodstuff, materials and products to requirements
normative, technical documentation and the information on foodstuff, materials
and about the products, containing in documents applied on them and on
labels;
recycling of foodstuff, materials and products - use of poor-quality and
dangerous foodstuff, materials and products with a view of, the distinct
from
purposes for which foodstuff, materials and products are intended and
in which
are usually used.
Clause 2. Legal regulation
of attitudes in the field of maintenance of quality and
safety of foodstuff
Legal regulation of attitudes in the field of maintenance of quality and
safety of
foodstuff is carried out by the present Federal law, other federal laws
and other
normative legal certificates of the Russian Federation accepted according
to
them, and also laws and other normative legal certificates of subjects
of the
Russian Federation.
Federal laws, laws of subjects of the Russian Federation and other normative
legal certificates accepted according to them regarding, concerning maintenance
of quality and safety of foodstuff, should not contain the norms contradicting
the present Federal law.
If the international contract of the Russian Federation establishes other
rules,
than what are stipulated by the legislation of the Russian Federation
in the field
of maintenance of quality and safety of foodstuff, are applied rules of
the
international contract.
Clause 3 foodstuff,
materials and products
1. In a turn there can be foodstuff, materials and the products which
corresponding requirements of normative documents and have been last the
state registration by way of, established by the present Federal law.
2. There can not be in a turn foodstuff, materials and products, which:
mismatch requirements of normative documents;
have the obvious attributes of a poor quality which are not causing doubts
at
representatives of bodies, carrying out the state supervision and the
control over
maintenance of quality and safety of foodstuff (further - bodies of the
state
supervision and the control) at check of such products, materials and
products;
have no certificates of quality and safety of foodstuff, materials and
products,
documents of the manufacturer, supplier of foodstuff, materials and the
products
confirming their origin concerning which there is no information on the
state
registration and acknowledgement of conformity to requirements of normative
documents (foodstuff, materials and the products which are a subject the
state
registration and obligatory acknowledgement of conformity);
mismatch the presented information and concerning which there are proved
suspicions about their falsification;
have no target dates of the validity (for foodstuff, materials and products
concerning which the establishment of working lives is obligatory) or
which
working lives have expired;
have no the marks containing data, stipulated the law or in state standard
or
concerning which there is no such information.
Such foodstuff, materials and products admit poor-quality and dangerous
and
realizations are not a subject, are utilized or destroyed.
Clause 4. Maintenance
of quality and safety of foodstuff, materials and products
Quality and safety of foodstuff, materials and products are provided by
means
of applications of measures of state regulation in the field of maintenance
of
quality and safety of foodstuff, materials and products;
carrying out by citizens, including individual businessmen, and the legal
persons who are carrying out activity on manufacturing and a turn of foodstuff,
materials and products, organizational, veterinary, technological, nonproduction,
sanitary- and
fytosanitory actions on performance of requirements of normative documents
to
foodstuff, materials and products, conditions of their manufacturing,
storage,
transportations and realization; carrying out of industrial inspection
behind quality and safety of foodstuff, materials and products, conditions
of their manufacturing, storage,
transportations and realizations, introduction of control systems by quality
of
foodstuff, materials and products (further - systems of quality);
applications of measures on suppression of infringements of the present
Federal
law, including requirements of normative documents, and also measures,
administrative and the criminal liability to the persons guilty of fulfilment
of specified infringements.
Clause 5. The information
on quality and safety of foodstuff, materials and
products 1. Individual businessmen and the legal persons who are carrying
out activity on
manufacturing and a turn of foodstuff, materials and products, to rendering
of
services in sphere of retail trade in foodstuff, materials and products
and sphere
of public catering, are obliged to give to buyers or consumers, and also
bodies
of the state supervision and the control full both a trustworthy information
about
quality and safety of foodstuff, materials and products, observance of
requirements of normative documents at manufacturing and a turn of foodstuff,
materials and products and rendering of such services.
2. Federal enforcement authority on the state supervision in the field
of
standardization and certifications, federal enforcement authority in the
field of
the state sanitary-and-epidemiologic supervision, federal enforcement
authority
in the field of the state veterinary supervision provide bodies of the
government,
citizens (including individual businessmen) and legal persons with the
information on quality and safety of foodstuff, materials and products,
about
observance of requirements of normative documents at manufacturing and
a
turn of foodstuff, materials and products, rendering of services in sphere
of
retail trade in foodstuff, materials and products and sphere of public
catering,
about the state registration of foodstuff, materials and products, about
acknowledgement of their conformity to requirements of normative documents,
And also about normative documents and measures on prevention of realization
of poor-quality and dangerous foodstuff, materials and products.
Chapter II. Powers
of the Russian Federation in the field of maintenance of
quality and safety of foodstuff
Clause 6. Powers of the Russian Federation in the field of maintenance
of
quality and safety of foodstuff
1. To powers of the Russian Federation in the field of maintenance of
quality
and safety of foodstuff concern:
development and carrying out in the Russian Federation a uniform state
policy;
acceptance of federal laws and other normative legal certificates of the
Russian
Federation;
development and realization of federal target and scientific and technical
programs of maintenance of quality and safety of foodstuff, materials
and
products;
the state normalization in the field of maintenance of quality and safety
of
foodstuff, materials and products;
the organization and realization of the state registration of foodstuff,
materials
and products;
the organization and carrying out of obligatory certification of separate
kinds of
foodstuff, materials and products, and also the services rendered in sphere
of
retail trade by foodstuff and sphere of public catering, systems of quality;
the organization and carrying out of the state supervision and the control;
realization of the international cooperation of the Russian Federation;
realization of others stipulated by the legislation of the Russian Federation
of
powers.
2. Bodies of the government of subjects of the Russian Federation have
the right
to participate in realization of powers of the Russian Federation in the
field of
maintenance of quality and safety of foodstuff by means of:
acceptances according to federal laws of laws and other normative legal
certificates of subjects of the Russian Federation;
development, statements and realizations of regional programs of maintenance
of quality and safety of foodstuff;
realization together with the authorized federal enforcement authorities
of the
control and supervision of quality and safety of foodstuff.
Clause 7. Has become
invalid since January, 1st, 2005
Clause 8. Has become
invalid since January, 1st, 2005
Chapter III. State regulation in the field of maintenance of quality and
safety of
foodstuff
Clause 9. The state
normalization in the field of maintenance of quality and
safety of foodstuff, materials and products
1. Requirements to quality of foodstuff, materials and products, maintenance
of
their safety, packing, marks, industrial inspection behind quality and
safety of
foodstuff, materials and products, to procedures of an estimation and
acknowledgement of their conformity to requirements of normative documents,
techniques of their tests and identification, and also to technical documentation,
systems of quality are established by corresponding state standards.
2. Requirements to food value of foodstuff, safety of foodstuff, materials
and
products, safety of conditions of their development, statement on manufacture,
manufacturing and a turn, safety of the services rendered in sphere of
retail
trade by foodstuff, materials and products and sphere of public catering,
are
established by corresponding sanitary rules and norms.
Requirements to safety in the veterinary attitude of the certain foodstuff,
safety
in the veterinary attitude of conditions of their preparation, manufacturing
and a
turn are established by corresponding veterinary rules and norms.
The specified requirements are based on results of scientific researches
of
features of a feed and a state of health of the population, revealing
and an
estimation of a degree of danger of properties of foodstuff, materials
and
products and risk of causing of harm to health of the person from use
of
foodstuff, materials and products, and also social and economic consequences
of introduction of such requirements.
3. State standards, sanitary and veterinary rules and norms affirm federal
enforcement authority on the state supervision in the field of standardization
and
certification, federal enforcement authority in the field of the state
sanitary-andepidemiologic
supervision and federal enforcement authority in the field of the
state veterinary supervision according to their competence and in established
by
the legislation of the Russian Federation the order.
4. Requirements to quality and safety of foodstuff, materials and the
products,
established in the state standards, sanitary both veterinary rules and
norms, are
obligatory for citizens (including individual businessmen) and the legal
persons
who are carrying out activity on manufacturing and a turn of foodstuff,
materials and products, to rendering of services in sphere of retail trade
in
foodstuff, materials and products and sphere of public catering.
Clause 10. The state
registration of foodstuff, materials and products
1. New foodstuff, materials and the products made in the Russian Federation,
foodstuff, materials and products which import is carried out for the
first time
on territory of the Russian Federation, are a subject to the state registration.
Import foodstuff, materials and products are a subject to the state registration
before their import on territory of the Russian Federation.
2. The state registration of foodstuff, materials and products includes:
examination of documents which are represented by the manufacturer, the
supplier of foodstuff, materials and products and their conformity to
requirements of normative documents, conditions of manufacturing or deliveries
of foodstuff, materials and products, and also results of their tests
spent in case
of need confirm;
entering of foodstuff, materials and products and their manufacturers,
suppliers
into the State register of foodstuff, materials and the products resolved
for
manufacturing in territory of the Russian Federation or import on territory
of the
Russian Federation and realization;
delivery to applicants of certificates on the state registration of foodstuff,
materials and the products entitling their manufacturing in territory
of the
Russian Federation or import on territory of the Russian Federation and
a turn.
3. The state registration of foodstuff, materials and products and conducting
the
State register of foodstuff, materials and the products resolved for
manufacturing in territory of the Russian Federation or import on territory
of the
Russian Federation and a turn, are carried out by the authorized federal
enforcement authority in the field of the state sanitary-and-epidemiologic
supervision together with the authorized federal enforcement authority
on the
state veterinary supervision according to the position approved by the
Government of the Russian Federation.
4. The state registration of several kinds of foodstuff, materials and
products
under one name, and also repeated registration of the same kinds of foodstuff,
materials and products under one name or under various names is not supposed.
Clause 11. It is excluded.
Clause 12. An estimation
and acknowledgement of conformity to requirements
of normative documents of foodstuff, materials and products, the services
rendered in sphere of retail trade by foodstuff and sphere of public catering,
and
also systems of quality
1. The certain kinds of foodstuff intended for realization, materials
and
products, the services rendered in sphere of retail trade by foodstuff
and sphere
of public catering, and also system of quality are a subject to an estimation
and
acknowledgement of conformity to requirements of normative documents.
2. Conformity of foodstuff, materials and products, which list affirms
the
Government of the Russian Federation, to requirements of normative documents
can be confirmed by their manufacturers by means of submission of
declarations on conformity by way of, established by the legislation of
the
Russian Federation.
3. The certain kinds of foodstuff, materials and products, the services
rendered
in sphere of retail trade by foodstuff and sphere of public catering,
and also
system of quality are a subject to an estimation and acknowledgement of
conformity to requirements of normative documents by means of obligatory
certification.
At a choice of foodstuff, materials and products which acknowledgement
of
conformity to requirements of normative documents is spent by means of
obligatory certification, the degree of health hazard of the person of
foodstuff,
materials and products, conditions of their manufacturing and a turn should
be
considered. The list of foodstuff, materials and the products which are
a subject
obligatory certification, affirms the Government of the Russian Federation.
4. The organization and carrying out of obligatory certification of the
certain
kinds of foodstuff, materials and products, and also the services rendered
in
sphere of retail trade by foodstuff and sphere of public catering, and
systems of
quality are carried out authorized by the Government of the Russian Federation
federal enforcement authorities.
5. The order of carrying out of obligatory certification of the certain
kinds of
foodstuff, materials and products, the services rendered in sphere of
retail trade
by foodstuff and sphere of public catering, and also systems of quality
is
defined by the corresponding authorized federal enforcement authorities
on the
basis of approved by the Government of the Russian Federation of regulations
about carrying out of obligatory certification of such foodstuff, materials
and
products, services and systems of quality.
6. Concerning foodstuff, materials and products which are not a subject
to
obligatory certification and acknowledgement of conformity to requirements
of
normative documents by means of submission of the declaration on conformity,
individual businessmen and the legal persons who are carrying out activity
on
manufacturing and a turn of such foodstuff, materials and products, have
the
right to spend their voluntary certification by way of, established by
the
legislation of the Russian Federation.
7. In case the manufacturer of the certificated foodstuff, materials and
products,
the manufacturer having the certificate of conformity of system of quality,
the
executor of the certificated service rendered in sphere of retail trade
by
foodstuff or sphere of public catering, break the requirements established
by
normative documents, the body which has given out the corresponding
certificate, is obliged to suspend the certificate for the period of elimination
of
the revealed infringements or, if to eliminate infringements it is not
obviously
possible, to cancel action of the certificate.
In case such infringements are supposed by the manufacturer, submitted
the
declaration on conformity, it is obliged to suspend immediately manufacturing
of foodstuff, materials and products, to terminate the declaration by
means of its
response and to inform on cancellation of the declaration in the body
which has
registered it, and also in bodies of the state supervision and the control
over a
place of the arrangement.
Clause 13. The state
supervision and the control over maintenance of quality
and safety of foodstuff
1. The state supervision and the control over maintenance of quality and
safety
of foodstuff are carried out by federal enforcement authority in the field
of the
state sanitary-and-epidemiologic supervision of the Russian Federation,
federal
enforcement authority in the field of the state veterinary supervision
of the
Russian Federation, federal enforcement authorities in the field of the
state
supervision and the control over quality and safety of grain and products
of its
processing, federal enforcement authority in the field of the state control
of
trade, quality of the goods and services and protection of the rights
of
consumers of the Russian Federation, and also the bodies which are carrying
out
the state supervision in the field of standardization and certification.
2. Powers of the federal enforcement authorities which are carrying out
supervision and the control over maintenance of quality and safety of
foodstuff,
are established by the Government of the Russian Federation.
3. Federal enforcement authority in the field of defense, federal enforcement
authority in the field of internal affairs, federal enforcement authority
in the
field of safety, federal enforcement authority in the field of supervision
in
sphere of transport carry out the control over conformity with the competence
behind quality and safety of foodstuff, materials and products, and also
the
services rendered in sphere of trade by foodstuff, materials and products
and
sphere of public catering.
Clause 14. Monitoring of quality and safety of foodstuff, health of the
population
1. With a view of definition of priority directions of a state policy
in the field of
maintenance of quality and safety of foodstuff, public health care, and
also with
a view of development of measures on prevention of receipt on the consumer
market of poor-quality and dangerous foodstuff, materials and products
bodies
of the state supervision and the control over enforcement authorities
of subjects
of the Russian Federation will organize and spend monitoring quality and
safety
of foodstuff, health of the population.
2. Monitoring of quality and safety of foodstuff, health of the population
is
spent according to the position approved by the Government of the Russian
Federation.
Chapter IV. The general requirements to maintenance of quality and safety
of
foodstuff
Clause 15. Requirements
to maintenance of quality and safety of foodstuff
1. The foodstuff intended for realization should satisfy physiological
needs of
the person for necessary substances and energy, to meet requirements usually
shown to foodstuff regarding and physical and chemical
parameters and to correspond to the requirements established by normative
documents to the admissible maintenance chemical (including radioactive),
biological substances and their connections, microorganisms and other
biological organisms representing health hazard present and the future
generations.
2. Food value of products of a children's feed should correspond to a
functional
condition of an organism of the child in view of its age. Products of
a children's
feed should be safe for health of the child.
3. Products of a dietary feed should have the properties, allowing to
use such
products for a medical and preventive feed of the person according to
established by federal enforcement authority in the field of public health
services requirements to the organization of a dietary feed, and to be
safe for
health of the person.
Clause 16. Requirements to maintenance of quality and safety of new foodstuff,
materials and products by their development and statement on manufacture
1. By development of new foodstuff, materials and the products, new
technological processes of their manufacturing, packing, storage, transportations
and realizations individual businessmen and legal persons are obliged
to prove
requirements to quality and safety of such foodstuff, materials and products,
to
their packing, marks and the information on such foodstuff, materials
and
products, preservation of quality and safety of such foodstuff, materials
and
products at their manufacturing and a turn, to develop programs of industrial
inspection behind quality and safety of such foodstuff, materials and
products,
techniques of their tests, and also to establish working lives of such
foodstuff,
materials and products.
Working lives of foodstuff, materials and products are established concerning
such foodstuff, materials and products which quality after the certain
term from
the moment of their manufacturing worsens which get the properties
representing health hazard of the person and in this connection lose suitability
for use to destination.
2. Parameters of quality and safety of new foodstuff, materials and products,
terms of their validity, the requirement to their packing, marks, the
information
on such foodstuff, materials and products, conditions of manufacturing
and a
turn of such foodstuff, materials and products, programs of industrial
inspection
behind their quality and safety, to techniques of tests, ways of recycling
or
destruction of poor-quality and dangerous foodstuff, materials and products
should be included in technical documentation.
Projects of technical documentation and pre-production models of new
foodstuff, materials and products are a subject to sanitary-and-epidemiologic
examination.
Projects of technical documentation and pre-production models made of
food
raw material of an animal origin of new foodstuff besides are a subject
to
sanitary examination.
The specified projects can be approved by the manufacturer only at reception
of
the conclusions of the state sanitary-and-epidemiologic service of the
Russian
Federation or the state veterinary service of the Russian Federation,
such
foodstuff certifying conformity, materials and products to requirements
of
sanitary or veterinary rules and norms, and also safety for health of
the person.
Requirements of the approved technical documentation are obligatory for
individual businessmen and the legal persons who are carrying out activity
on
manufacturing and a turn of concrete kinds of foodstuff, materials and
products.
3. New foodstuff, materials and products are supposed to manufacturing
after
the state registration by way of, established by clause 10 of the present
Federal
law.
Clause 17. Requirements
to maintenance of quality and safety of foodstuff,
materials and products at their manufacturing
1. Manufacturing of foodstuff, materials and products should be carried
out
according to technical documentation at observance of requirements of
sanitary
and veterinary rules and norms.
The manufacturer of foodstuff, materials and products with a view of
maintenance of their quality and safety develops and introduces systems
of
quality according to requirements of state standards.
2. The food raw material should be applied to manufacturing foodstuff,
quality
and which safety corresponds to requirements of normative documents.
At manufacturing food raw material use of fodder additives, growth factors
animal (including hormonal preparations), medical products, pesticides,
last sanitary-and-epidemiologic examination and the state
registration by way of, established is supposed by the legislation of
the Russian
Federation.
The food raw material of an animal origin is supposed for manufacturing
foodstuff only after carrying out of sanitary examination and
reception by the manufacturer of the conclusion of the state veterinary
service
of the Russian Federation, food raw material of an animal origin certifying
conformity to requirements of veterinary rules and norms.
3. At manufacturing products of a children's feed and products of a dietary
feed
it is not supposed to use the food raw material made with use of fodder
additives, growth factors animal (including hormonal preparations), separate
kinds of medical products, pesticides, and other hazardous to
health person of substances and connections.
4. The food additives used at manufacturing of foodstuff, and biologically
active
additives should not harm a life and health of the person.
At manufacturing foodstuff, and also for the use in food food additives
and
biologically active additives which have been last the state registration
by way
of, established can be used by clause 10 of the present Federal law.
5. Used during manufacturing foodstuff materials and products should
correspond to requirements of normative documents to quality and safety
of
such materials and products.
At manufacturing foodstuff application of materials and the products which
have been last the state registration by way of, established is supposed
by clause
10 of the present Federal law.
6. The manufacturer is obliged to check up quality and safety of each
party of
foodstuff, materials and products and to transfer the buyer together with
foodstuff, materials and products the certificate of quality and safety
of
foodstuff, materials and products.
The certificate of quality and safety of foodstuff, materials and products
is not
made out on production of public catering.
7. Conformity of foodstuff, materials and products, which lists affirm
the
Government of the Russian Federation, to requirements of normative documents
proves to be true the certificate of conformity or the declaration on
conformity
and a sign on conformity.
8. The manufacturer of foodstuff, materials and products is obliged to
suspend
immediately manufacturing of poor-quality and dangerous foodstuff, materials
and products for the term of, necessary for elimination of the reasons
which
have caused manufacturing of such foodstuff, materials and products. In
case to
eliminate such reasons it is impossible, the manufacturer is obliged to
stop
manufacturing of poor-quality and dangerous foodstuff, materials and products,
to withdraw them from a turn, having provided return from buyers, consumers
of such foodstuff, materials and products to organize when due hereunder
carrying out of their examination, recycling or destruction.
Clause 18. Requirements to maintenance of quality and safety of foodstuff
at
their packaging, packing and marks
1. Foodstuff should be packaged and packed by such ways which allow to
provide preservation of quality and safety at their storage, transportations
and
realizations.
2. Individual businessmen and the legal persons who are carrying out packaging
and packing of foodstuff, are obliged to observe requirements of normative
documents to packaging and packing of foodstuff, their marks, and also
to used
for packing and marks of foodstuff to materials.
3. On labels or labels or leaves-loose leaves of the packed foodstuff
except for
the information which structure is defined by the legislation of the Russian
Federation on protection of the rights of consumers, in view of kinds
of
foodstuff the following information in Russian should be specified:
about food value (caloric content, the maintenance of fibers, fats, carbohydrates,
vitamins, „}„p„{„‚„€-and microcells);
about purpose and about conditions of application (concerning products
of a
children's feed, products of a dietary feed and biologically active additives);
about ways and about conditions of manufacturing of ready dishes (concerning
concentrates and semifinished items of foodstuff);
about conditions of storage (concerning foodstuff for which requirements
to
conditions of their storage are established);
about date of manufacturing and date of packing of foodstuff.
Clause 19. Requirements to maintenance of quality and safety of foodstuff,
materials and products at their storage and transportations
1. Storage and transportations of foodstuff, materials and products should
be
carried out in the conditions providing preservation of their quality
and safety.
2. Individual businessmen and the legal persons who are carrying out storage,
transportations of foodstuff, materials and products, are obliged to observe
requirements of normative documents to conditions of storage and
transportations of foodstuff, materials and products and to confirm observance
of such requirements by corresponding records in commodity-accompanying
documents.
3. Storage of foodstuff, materials and products is supposed in specially
equipped
premises, constructions which should correspond to requirements of building,
sanitary and veterinary rules and norms.
4. For transportations of foodstuff the vehicles specially intended or
specially
equipped for such purposes having sanitary passports issued when due
hereunder should be used.
5. In case at storage, transportations of foodstuff, materials and products
the
infringement led loss by foodstuff, materials and products of corresponding
quality and to purchase of dangerous properties is admitted by them, individual
businessmen and the legal persons who are carrying out storage, transportations
of foodstuff, materials and products, are obliged to inform on it owners
and
addressees of foodstuff, materials and products.
Such foodstuff, materials and products are not a subject to realization,
go for
examination according to which results they are utilized or destroyed.
Clause 20. Requirements to maintenance of quality and safety of foodstuff,
materials and products at their realization
1. At realization of foodstuff, materials and products citizens (including
individual businessmen) and legal persons are obliged to observe requirements
of normative documents.
2. In retail trade sale of not packaged and unpacked foodstuff, except
for the
certain kinds of foodstuff which list is established by federal enforcement
authority in the field of trade in coordination with the authorized federal
enforcement authority on the state sanitary-and-epidemiologic supervision
is not
supposed.
3. Realization in the food markets of foodstuff of nonindustrial manufacturing
is
supposed only after carrying out of sanitary examination and
reception by sellers of the conclusions of the state veterinary service
of the
Russian Federation, such foodstuff certifying conformity to requirements
of
veterinary rules and norms.
4. In case at realization of foodstuff, materials and products the infringement
led
loss by foodstuff, materials and products of corresponding quality and
to
purchase of dangerous properties is admitted by them, citizens (including
individual businessmen) and the legal persons realizing foodstuff, materials
and
products, are obliged to remove such foodstuff, materials and products
from
realization to provide their response from consumers, to direct poor-quality
and
dangerous foodstuff, materials and products for examination, to organize
their
recycling or destruction.
Clause 21. Requirements to maintenance of quality and safety of foodstuff,
materials and products which import is carried out on territory of the
Russian
Federation
1. Quality and safety of foodstuff, materials and products, which import
is
carried out on territory of the Russian Federation, should correspond
to
requirements of normative documents.
2. Obligations of manufacturers, software suppliers to observance of
requirements of normative documents concerning foodstuff, materials and
products which import is carried out on territory of the Russian Federation,
are
essential treaty provisions of their delivery.
3. Import on territory of the Russian Federation of foodstuff, materials
and the
products, not last state the registration by way of, established in clause
10 of the
present Federal law, and also foodstuff, materials and the products which
are
not having documents, certifying conformity of quality and safety of such
foodstuff, materials and products Is forbidden to requirements of normative
documents.
4. In check points through Frontier of the Russian Federation and items
of
customs registration of foodstuff, materials and products which import
is carried
out on territory of the Russian Federation, the officials who are carrying
out the
state sanitary-and-epidemiologic supervision, the state veterinary supervision
and the state fytosanitory control, over conformity with the competence
spend
examination of such foodstuff, materials and products, their check commoditycovering
notes documents and make a decision on an opportunity of registration
of import of such foodstuff, materials and products on territory of the
Russian
Federation.
In case foodstuff, materials and products which import is carried out
on territory
of the Russian Federation, cause in the officials who are carrying out
the state
sanitary-and-epidemiologic supervision, the state veterinary supervision
and the
state fytosanitory control, the proved doubts in safety of such foodstuff,
materials and the products, the specified persons make a decision on time
stay
of registration of import on territory of the Russian Federation of such
foodstuff,
materials and products.
In case foodstuff, materials and products which import is carried out
on territory
of the Russian Federation, admit dangerous, the officials who are carrying
out
the state sanitary-and-epidemiologic supervision, the state veterinary
supervision and the state fytosanitory control, forbid import of such
foodstuff,
materials and products on territory of the Russian Federation and do a
mark in
them commodity-covering notes documents that such foodstuff, materials
and
products are hazardous to health of the person and realizations are not
a subject.
The owner of dangerous foodstuff, materials and products is obliged to
take out
within ten days them for limits of territory of the Russian Federation.
In case dangerous foodstuff, materials and products in established term
are not
taken out by the paragraph of the fourth present item for limits of territory
of the
Russian Federation, they will be confiscated according to the legislation
of the
Russian Federation, go for examination according to which results are
utilized
or destroyed.
Clause 22. Requirements to the organization and carrying out of industrial
inspection behind quality and safety of foodstuff, materials and products
1. Individual businessmen and the legal persons who are carrying out activity
on
manufacturing and a turn of foodstuff, materials and products, are obliged
to
organize and spend industrial inspection behind their quality and safety,
observance of requirements normative and technical documentation to
conditions of manufacturing and a turn of foodstuff, materials and products.
2. Industrial inspection behind quality and safety of foodstuff, materials
and
products is spent according to the program of industrial inspection which
is
developed by the individual businessman or the legal person on the basis
of
state standards and technical documentation. The specified program defines
the
procedure of industrial inspection behind quality and safety of foodstuff,
materials and products, techniques of such control and a technique of
check of
conditions of their manufacturing and a turn.
Clause 23. Requirements to the workers who are carrying out activity on
manufacturing and a turn of foodstuff
1. The workers borrowed on works who are connected with manufacturing
and
a turn of foodstuff, rendering of services in sphere of retail trade in
foodstuff,
materials and products and sphere of public catering and at which performance
direct contacts of workers to foodstuff, materials and products are carried
out,
pass obligatory preliminary at receipt for work and periodic medical surveys,
and also hygienic training according to the legislation of the Russian
Federation.
2. Sick of infectious diseases, persons with suspicion on such diseases,
the
persons contacted to sick infectious diseases, the persons, being carriers
of
activators of infectious diseases which can represent danger of distribution
of
such diseases in connection with features of manufacturing and a turn
of
foodstuff, materials and products, and also the workers who have been
not last
of hygienic training, are not supposed to works at which performance direct
contacts of workers to foodstuff, materials and products are carried out.
Clause 24. Requirements to withdrawal from a turn of poor-quality and
dangerous foodstuff, materials and products
1. Poor-quality and dangerous foodstuff, materials and products are a
subject to
withdrawal from a turn.
The owner poor-quality and (or) dangerous foodstuff, materials and products
is
obliged to withdraw them from a turn independently or on the basis of
the
instruction of bodies of the state supervision and the control.
2. In case the owner poor-quality and (or) dangerous foodstuff, materials
and
products has not arranged on their withdrawal from a turn, such foodstuff,
materials and products will be confiscated by way of, established by the
legislation of the Russian Federation.
Clause 25. Requirements to carrying out of examination, to recycling or
destruction of poor-quality and dangerous foodstuff, materials and the
products
withdrawn from a turn
1. Poor-quality and dangerous foodstuff, materials and the products withdrawn
from a turn, are a subject to corresponding examination spent by
bodies of the state supervision and the control over conformity with the
competence, with a view of definition of an opportunity of recycling or
destruction of such foodstuff, materials and products.
Foodstuff, materials and products which owner cannot confirm their origin
which have obvious attributes of a poor quality and represent in this
connection
direct threat of a life and to health of the person, recyclings or to
destruction
without carrying out of examination are a subject. Before recycling or
destructions of such foodstuff, materials and products their owner at
presence of
the representative of body of the state supervision and the control is
obliged to
change properties of such foodstuff, materials and products in any accessible
and reliable way excluding an opportunity of their further use to destination.
2. Poor-quality and dangerous foodstuff, materials and products for the
term of,
necessary for carrying out of their examination, recycling or destruction,
go on
time storage which conditions of realization exclude an opportunity of
access to
such foodstuff, to materials and products.
A poor-quality on time storage poor-quality and dangerous foodstuff, materials
and products are a subject to the strict account. The responsibility for
safety of
such foodstuff, materials and products is born with their owner.
3. On the basis of results of examination of poor-quality and dangerous
foodstuff, materials and products the corresponding body of the state
supervision and the control accepts the decision about their recycling
or
destruction.
The owner poor-quality and (or) dangerous foodstuff, materials and products
carries out a choice of ways and conditions of their recycling or destruction
according to requirements normative or technical documentation and
coordinates with body of the state supervision and the control, born the
decision
about recycling or destruction of such foodstuff, materials and products,
ways
and conditions of their recycling or destruction.
The opportunity of use poor-quality and (or) dangerous foodstuff as a
forage of
animals is coordinated with the state veterinary service of the Russian
Federation.
4. Charges on examination, storage, transportations, recycling or destruction
of
poor-quality and dangerous foodstuff, materials and products are paid
by their
owner.
5. The owner of poor-quality and dangerous foodstuff, materials and products
is
obliged to present to body of the state supervision and the control, born
the
decision about their recycling or destruction, the document or its copy
certified
when due hereunder, recyclings confirming the fact or destructions of
such
foodstuff, materials and products.
6. Bodies of the state supervision and the control, born the decision
about
recycling or destruction poor-quality and (or) dangerous foodstuff, materials
and products, are obliged to carry out the control over their recycling
or
destruction in connection with danger of occurrence and distribution of
diseases
and poisonings of people and animals, and also pollution of a surrounding
environment.
Chapter V. The responsibility for infringement of the present Federal
law
Clause 26. Has become
invalid since July, 1st, 2002
Clause 27. The Criminal
liability for infringement of the present Federal law
The infringement of the present Federal law led a case of occurrence of
disease,
poisoning or death of the person, come as a result of the use poor-quality
and
(or) dangerous foodstuff, entails the criminal liability according to
the
legislation of the Russian Federation.
Clause 28. 1. Individual
businessmen and the legal persons who are carrying out activity on
a turn of foodstuff, materials and products, and also rendering of services
in
sphere of public catering, for infringement of the present Federal law
bear the
responsibility according to the civil legislation.
2. The harm, caused lives, to health or property of the citizen or property
of the
legal person owing to lacks of foodstuff, materials and products, and
also lacks
of the services rendered in sphere of public catering, regarding their
quality and
safety, is a subject to compensation according to the civil legislation.
Clause 29. The responsibility
of officials of bodies of the state supervision and
the control
Officials of bodies of the state supervision and the control over inadequate
execution of the duties, and also over concealment of the facts creating
threat of
a life and health of the person, bear the responsibility by way of, established
by
the legislation of the Russian Federation.
Chapter VI. Final provisions
Clause 30. Introduction
in action of the present Federal law
1. The present Federal law is put into operation from the date of its
official
publication, except for positions of item 1 of clause 10 of the present
Federal
law which are put into operation from the date of official publication
approved
by the Government of the Russian Federation of corresponding normative
legal
certificates.
2. Positions of clauses 2 - 8, clauses 9 (except for the paragraph of
second item
2), clauses 12 (except for the positions, concerning estimations and
acknowledgement of conformity to requirements of normative documents of
the
services rendered in sphere of retail trade and sphere of public catering),
clauses
13, clauses 16, items 1, 2, 5 - 8 clauses 17, items 1 and 2 clauses 18,
items 1 - 3
and 5 clauses 19, items 1 and 4 clauses 20, clauses 21 - 28 present Federal
laws
extend also on perfumery and cosmetic production, means and products for
hygiene of an oral cavity, tobacco products. Positions of clause 10 of
the present
Federal law extend also on cosmetic production, means and products for
hygiene of an oral cavity.
3. To suggest the President of the Russian Federation to bring the normative
legal certificates into accord with the present Federal law.
4. To charge to the Government of the Russian Federation to develop the
normative legal certificates stipulated by the present Federal law, and
to bring
the normative legal certificates into accord with the present Federal
law.
Acting
the President of the Russian Federation
Century of Century Putin
Moscow, the Kremlin
On January, 2nd, 2000
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