What is Act No. 110 / 1997 Coll.?

Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws — Law on food and tobacco products and amending and supplementing certain related laws.

When it became Act No. 110 / 1997 Coll. effectiveness?

Act No. 110 / 1997 Coll. became effective 01.09.1997.

Is Act No. 110 / 1997 Coll. still valid?

Yes, Act No. 110 / 1997 Coll. is still valid and effective.

How many times was it Act No. 110 / 1997 Coll. amended?

Act No. 110 / 1997 Coll. has 45 time versions of the text.

Act No. 110 / 1997 Coll. - Law on food and tobacco products and ame...

110

THE LAW

of 24 April 1997

on foodstuffs and tobacco products and amending and supplementing certain related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

FOODSTUFFS AND TOBACCO ARTICLES

§ 1

Subject matter

(1) This Act implements the relevant European Union18) and regulates the obligations of the food business operator, manufacturer, importer, retailer and distributor of tobacco and tobacco products, and regulates state supervision of compliance with obligations arising from this Act and directly applicable European Union regulations.

(2) This law does not apply to drinking water20) except for drinking water that is marketed by the food business operator or used at any stage of the production, processing or distribution of foodstuffs as referred to in Article 3 (16) of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council.

§ 2

Basic concepts

(1) For the purposes of this Act:

(a) a control sample, a sample composed of all incremental samples, containing a sample or samples intended for official control and, where appropriate, a sample intended for the preparation of a second expert opinion for the needs of the person checked, if the person checked so requests;

(b) the net quantity of the quantity of the unpackaged food or the average quantity of the food determined in accordance with the implementing legislation or the directly applicable European Union Regulation;

(c) name (21) the name of the product, species, group or subgroup of foodstuffs provided for by other legislation22) or implementing legislation;

(d) the place of destination of the first food intake, including any place of first treatment or handling in the Czech Republic;

(e) a quality set of characteristics of the different types, groups and sub-groups of foodstuffs and tobacco products, the limits of which are laid down by this law, by implementing legislation or by a directly applicable European Union Regulation;

(f) the manufacture of foodstuffs by cleaning, sorting, treatment, working and processing, including associated packaging and other modifications of foodstuffs for placing on the market, with the exception of an activity consisting solely of a separate packaging process or cutting or other method of dividing the foodstuffs, including their downstream packaging;

(g) a food supplement designed to supplement a standard diet and which is a concentrated source of vitamins and minerals or other substances with nutritional or physiological effect, contained in a food, separately or in combination, intended for direct consumption in small measured quantities;

(h) the marketing of tobacco products or products related to tobacco products by offering for sale or providing products, irrespective of their place of production, to consumers located in a Member State of the European Union or in a Contracting State of the Agreement on the European Economic Area (hereinafter referred to as "a Member State of the European Union"), whether for consideration or free of charge, including through distance sales; in the case of cross-border distance sales, the product shall be considered to be placed on the market in the Member State of the European Union where the consumer is located;

(i) the original use of the food by the use specified by the manufacturer;

(j) foodstuffs which may be used for non-original use of a safe food but which do not satisfy the requirements for their original use;

(k) lots of species-identical units produced under the same conditions;

(l) a tobacco product which may be used and contains unprepared or wholly or partly genetically modified tobacco;

(m) the classification of carcases of animals for slaughter (hereinafter referred to as the "classification of animals for slaughter") by the method of classification of carcases of animals for slaughter in the classes of quality laid down in the manner directly applicable by the European Union and by the implementing legislation;

(n) food of unknown origin food which cannot be identified by the food business operator who produced or supplied the food or its ingredient to another food business operator;

(o) food of animal origin, as defined in points 1.1, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 2.1, 3.1, 3.4, 3.6, 4.1, 5.1, 5.2, 5.3, 6, 7 and 8.1, second and third indents of Annex I to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council, colostrum, blood, honey products, crocodiles and insects intended for human consumption, and products obtained by the processing of such insects or other processing of such processed products,

(p) the sales section part of the sales area of the self-service store defined by the sales counter, if the counter is free of bulkheads, or parts of the sales counter separated by bulkheads, and the related premises of the self-service store used for the treatment and storage of food placed on the market at the sales counter, if the counter is free of bulkheads, or part of the sales counter separated by bulkheads,

(q) leaf tobacco and other natural, processed or unprocessed parts of tobacco plants, including expanded and reconstituted tobacco;

(r) smoking tobacco tobacco tobacco exclusively intended for use in a pipe which may be used by successive combustion, by the manufacturer or importer exclusively intended for use in a pipe;

(s) tobacco intended for the hand-packing of cigarettes, tobacco which may be used by the consumer or retailer for his own packaging of cigarettes;

(t) a tobacco-free tobacco product, the use of which does not include progressive incineration, including chewing tobacco, snuff and oral tobacco;

(u) chewing tobacco free of tobacco intended exclusively for chewing;

(v) snuff-free tobacco-free tobacco product which can be used by nose,

(w) tobacco intended for oral use, all tobacco products manufactured wholly or partly from tobacco intended for oral use, except those intended for inhalation or chewing, in powder or in the form of fine grain granules, or in any combination of these forms, offered mainly in sachets or porous sachets;

(x) a tobacco product intended for smoking, a tobacco product other than a tobacco-free product;

(y) cigarette tobacco rope which may be used through the combustion process,

1. a tobacco rope which is smoked unchanged, except for cigar and cigar;

2. a tobacco rope which is inserted into cigarette paper tubes by simple non-industrial handling; or

3. a tobacco rope which is wrapped in cigarette paper by simple non-industrial handling,

(z) a cigar of tobacco rolls, which can be used through the combustion process, can be smoked in the unaltered state, and in view of its characteristics and expectations of the ordinary consumer, is exclusively intended for smoking and contains:

1. a cover sheet of raw tobacco; or

2. a shredded roll of tobacco with a cover sheet in the usual colour of a cigar made of reconstituted tobacco covering the whole product and, where appropriate, a filter, but not an mouthpiece in the case of cigars with a mouthpiece, having a unit weight of not less than 2,3 g and not more than 10 g, and having a circumference of at least one third of the length of at least 34 mm;

a product consisting partly of substances other than tobacco which otherwise fulfils the conditions set out in this point shall be considered as a cigar,

(za) a nicotine tobacco-free tobacco-free product containing nicotine for oral use which is not covered by the directly applicable European Union74).

(2) For the purposes of this Act:

(a) a cigar weighing not more than 3 g,

(b) tobacco intended for use in a water pipe tobacco product which may be used using a water pipe; tobacco intended for the water pipe shall be considered as tobacco for smoking; where the product can be used both by means of water pipes and as tobacco intended for the packing of cigarettes by hand, it shall be considered as tobacco intended for the packing of cigarettes by hand;

(c) a new tobacco product manufactured by a tobacco product which:

1. is not a cigarette, tobacco intended for the manual packing of cigarettes, smoking tobacco, tobacco intended for water pipes, cigar, cigar, chewing tobacco, snuff or tobacco intended for oral use; and

2. It was placed on the market after 19 May 2014,

(d) an herbal product intended for smoking, a product the basis of which is plants, herbs or fruit and which does not contain any tobacco, may be used by inhalation by mouth or nose, and its use involves progressive incineration;

(e) an electronic cigarette product which may be used for the use of fumes containing nicotine or other fumes by means of mouthpiece or any part of that product, including a container, tank and equipment without a tank or container; an electronic cigarette may be disposable or refillable by means of a spare refill or tank or reusable by means of disposable containers;

(f) replacement of an electronic cigarette, a liquid container which may contain nicotine and which may be refilled by an electronic cigarette;

(g) the constituent of a tobacco product or product related to tobacco products, tobacco, additives, paper, filter, ink, capsules, adhesive and any substance or element present in the final tobacco product or product related to tobacco products;

(h) by the addition of a tobacco product, a substance with the exception of tobacco which has been added to a tobacco product, a unit pack or any outer packaging;

(i) the characteristic flavour of a tobacco product clearly distinguishable by the odour or taste other than that supplied by the ingredient or a combination of ingredients, in particular fruit, spices, herbs, alcohol or confectionery, menthol or vanilla, and which is identifiable before or when the tobacco product is used;

(j) by external packaging of a tobacco product or a tobacco product, any packaging in which tobacco products or tobacco products are placed on the market and containing unit packs or a package of unit packs; transparent packaging shall not be considered as external packaging;

(k) the cross-border sale of a tobacco product, an electronic cigarette or a replacement refill into it at a distance to the consumer, where the consumer is located in a Member State of the European Union and the retailer is established in another Member State of the European Union or in a third country,

(l) by the manufacturer of a tobacco product or a tobacco product, any natural or legal person who manufactures, designs or manufactures a tobacco product or a tobacco product under his name or trademark;

(m) an importer of a tobacco product or product related to tobacco products, the owner of such products or a person entitled to dispose of such products which have been transported to the territory of a Member State of the European Union;

(n) any retailer of tobacco products, including any natural person who places tobacco products on the market;

(o) products related to tobacco products of electronic cigarettes, replacement fillings and herbal products intended for smoking;

(p) any natural or legal person who treats tobacco products or products related to tobacco products and is not a manufacturer, importer or retailer of tobacco products or products related to tobacco products,

(q) reconstituted tobacco manufactured by the combination of finely fragmented tobacco, tobacco waste and tobacco powder;

(r) by unit packaging the smallest individual packaging of tobacco products or tobacco products placed on the market;

(s) the flavouring ingredient which gives the smell or taste,

(t) a heated tobacco product is a new tobacco product which is heated to produce emissions containing nicotine and other chemicals which is then inhaled by the user and which, depending on its characteristics, is a non-smoking tobacco product or a tobacco product.

§ 3

Obligations of food business operators

(1) The food business operator shall:

(a) comply with sensory, physical, chemical and microbiological requirements for food quality; where those requirements are not laid down by law, comply with the requirements laid down by the food business operator who produced the food;

(b) comply at all stages of production, packaging, cutting or other means of dividing and marketing foodstuffs with technological and hygienic requirements, the manner and conditions of transport, storage and handling of foodstuffs; where those requirements are not laid down by law, comply with the requirements laid down by the food business operator who produced the food;

(c) comply with the requirements laid down in the directly applicable provisions of the European Union relating to food requirements (19) or with international treaties binding on the Czech Republic and published in the Collection of Laws and International Treaties;

(d) comply with the requirements for species and permitted quantities of toxicologically relevant substances in foodstuffs;

(e) if food is marketed on the territory of the Czech Republic, the compulsory information on foodstuffs provided for in the legislation in the Czech language 23),

(f) comply with the requirements for the composition, labelling and use of food supplements;

(g) use only packaging and packaging materials which protect the food from degradation, prevent confusion or change of content without opening or changing the packaging and comply with the requirements for articles and materials intended to come into contact with food;

(h) to provide the necessary number of staff and the corresponding technical equipment to ensure the performance of the inspection in accordance with the directly applicable European Union rules governing imports of certain foodstuffs from third countries (24) and to comply with the specific import conditions for selected foodstuffs, provided that the directly applicable European Union Regulation governing the special import conditions (61),

(i) notify the competent supervisory authority, either in paper form or in electronic form, by means of a remote transmission of the dates of commencement, modification or termination of the activity under this law at the latest on the date on which the facts occurred, and in the notification and update on the date of the amendment

1. its name, surname or business name, registered office and address of the establishment, if it is a natural person, or a commercial company or name, registered office and address of the establishment, if it is a legal person;

2. person identification number,

3. the subject matter of the activity or business; and

4. the specific activities which the food business operator operates;

This information shall be notified to the Regional Health Station, which shall transmit it without delay to the State Veterinary Service, and to the State Veterinary Inspection, which shall transmit it without delay to the State Veterinary Authority, when operating a food service other than that referred to in Articles 16 (1) (a), 16 (2) (a) and 16 (3) (a),

(j) ensure compliance with the requirements for maximum permitted levels of radioactive contamination of foodstuffs established in accordance with the atomic law;

(k) keep food at the temperatures laid down in Regulation (EC) No 853 / 2004 of the European Parliament and of the Council or by implementing legislation, and, where those requirements are not laid down by law, keep the food at the temperatures established by the food business operator who produced the food;

(l) according to the declaration of the food business operator who produced the food or, if not stated, taking into account the nature of the food, to reduce the date of minimum durability or applicability on the packaging of the food as long as it has been unpacked for the purpose of selling individual parts to the consumer, and to lay down the conditions for its further preservation so as to avoid deterioration in the quality and safety of the food, to record the date of unpacking of the food and to store at the place of sale of each part of the food during the marketing of the original packaging of the food or the label containing the mandatory information, where appropriate a legible and comprehensible copy of the packaging or label,

(m) food intended for particular nutritional uses and food supplements placed on the market only packaged;

(n) for packaged and unpackaged foodstuffs, comply with the time limits and other marketing requirements laid down in the implementing legislation;

(o) maintain the lot designation provided for in Section 9;

(p) when offering food by means of distance communication to the consumer, provide the data referred to in Sections 7, 8 and 9a, with the exception of those referred to in Sections 7 (1) (g) and 8 (2) (a), before completion of the purchase and indicate them in the material supporting distance sales or by other means; in the case of use of other means, mandatory food information must be provided to the consumer free of charge and any mandatory information must be made available to the consumer at the time of delivery;

q) immediately remove from the further placing on the market, separately place and attach information on disposal, food

1. referred to in § 10 (1) (a) to (h) and foodstuffs with an expired date of minimum durability which are not safe,

2. packed in packages which do not comply with the requirements of the directly applicable European Union Regulation on food contact materials and articles (32) or with the Ordinance on sanitary requirements for products intended to come into contact with foodstuffs and foodstuffs (33) or with packaging which does not protect food from degradation;

3. insufficiently or incorrectly marked,

4. not satisfying the quality requirements laid down by the implementing act or declared by the manufacturer;

5. odorous, if the odour is not a characteristic of the product, or otherwise damaged, deformed, contaminated or manifestly chemically or microbiologically disturbed,

(r) ensure that proof of origin is available at all stages of placing the food on the market and that it is presented to the supervisory authority at its request without undue delay; at the time of transport of the food, the proof of origin must be made available and submitted immediately to the supervisory authority at its request;

(s) to ensure the supply of food to the population to the extent and focus established in the context of economic measures imposed in a state of crisis under specific legislation.

(2) The food business operator who produces, packs, cuts or otherwise divides foodstuffs is also obliged to:

(a) to obtain for the production of packaged spring water, packed infant water and packaged natural mineral water only from groundwater; the treatment of packaged spring water with ozone-enriched air by the food business operator shall be notified in advance to the competent authority of the State surveillance;

(b) use only heat-treated egg contents for the manufacture of uncooked foods, except for dishes.

(3) This law is without prejudice to the obligations to comply with the principles of personal and operational hygiene and the conditions for the performance of protective disinfection, disinsectisation and exertification laid down by specific legislation.

(4) The food business operator importing foodstuffs from countries other than the Member States of the European Union ("third countries') shall:

(a) where a directly applicable European Union Regulation on the import of certain foodstuffs from third countries provides for this to be provided), submit to the competent authority or customs office a certificate, certificate or other entry document issued by the competent authority of the third country confirming that the imported food complies with the requirements of this directly applicable European Union Regulation; This provision is without prejudice to the requirements laid down by the veterinary law,

(b) where provided for in the directly applicable European Union Regulation, to import foodstuffs via a border inspection post (62) designated by the Ministry of Agriculture ("the Ministry") or via inspection posts other than border inspection posts pursuant to Article 53 of Regulation (EU) 2017 / 625 of the European Parliament and of the Council;

(c) submit an export certificate to the customs office at the time of radiological emergency in accordance with the provisions of the directly applicable European Union Regulation governing the conditions of importation of foodstuffs originating in third countries (24); and

(d) in the case of foodstuffs referred to in Article 47 (1) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council, complete and transmit to the competent supervisory authority part of the common health entry document referred to in Article 56 of this Regulation.

(5) The food business operator for food intended for export to third countries is obliged to:

(a) notify the competent authority in the country of destination where the balanced food does not comply with the requirements of Article 12 of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council;

(b) to provide the customs office at the time of the radiological emergency in the territory of the Czech Republic with a certificate that the balanced food complies with the maximum permitted level of radioactive contamination in accordance with the directly applicable European Union provisions governing maximum permitted levels of radioactive contamination of food and feed and the special conditions for the export of food and feed following a nuclear accident or other case of radiological emergency;

(c) where the European Union Regulation directly applicable so provides, provide the customs office with a certificate certifying that the exported food complies with the requirements of this directly applicable European Union Regulation.

(6) Foodstuffs which do not comply with the requirements for maximum permitted radioactive contamination are treated in accordance with the decision of the supervisory authority (§ 16), issued on the basis of the opinion of the State Authority on Nuclear Safety.

(7) In the case of exports or imports of foodstuffs referred to in paragraph 6, or foodstuffs of unknown origin, the customs office shall immediately notify the supervisory authority referred to in paragraph 6, which shall decide on the method of further handling of such foodstuffs.

(8) For the placing on the market of wild edible mushrooms or for further processing for food purposes, the food business operator shall have the competence to demonstrate by a certificate issued in accordance with paragraph 9.

(9) Certificates proving knowledge of mushrooms shall be issued by regional health centres on the basis of the successful passing of the test of knowledge of mushrooms. The applicant shall pay an administrative fee for the issue of the certificate.

(10) Only an adult with a medical certificate for this activity may apply for a mushroom test. Medical fitness shall be certified by the registered health service provider in the field of general practice; a specialist eye examination is included.

(11) The validity of certificates proving knowledge of mushrooms shall cease to exist.

(a) after a period of 10 years from the date of its issue, for persons under the age of 60;

(b) 5 years after the date of issue for persons between 60 and 65 years of age;

(c) two years after its date of issue for persons over 65.

§ 3a

(1) An operator of a food business which places on the market or exports fresh fruit or fresh vegetables shall notify the competent supervisory authority in writing at the latest on the date of commencement of marketing or on the day of export. Any changes concerning this notification shall be communicated in writing to the competent supervisory authority without delay.

(2) In the notification referred to in paragraph 1, the food business operator shall indicate the name, surname and registered office, if any, of the natural, commercial or, where appropriate, of the legal person, and the type, group and subgroup of fresh fruit or fresh vegetables which it will place on the market or export.

(3) The obligation referred to in paragraph 1 shall not apply to food business operators whose:

(a) the activity is limited to the transport of goods;

(b) the activity is limited to the retail stage; or

(c) the activity includes the products referred to in Article 3 of Commission Delegated Regulation (EU) 2023 / 2429 or products which are exempt from the obligation to comply with the marketing standards referred to in Article 5 of Commission Delegated Regulation (EU) 2023 / 2429.

(4) The obligation referred to in paragraph 1 shall also apply to food business operators having their head office outside the Czech Republic if they carry out a commercial activity in the territory of the Czech Republic in accordance with paragraph 1.

§ 3c

Obligations of food business operators producing or importing foodstuffs intended for particular nutritional uses

(1) The food business operator who manufactures or imports from a third country food intended for particular nutritional uses not provided for in the implementing legislation is obliged to send the Czech text to the Ministry of Health before it is first placed on the market. The food business operator who first placed such a food on the market in another Member State of the European Union shall also indicate in the notification the authority of that other Member State of the European Union which was informed first.

(2) The Ministry of Health shall be entitled to require from the food business operator who has made the notification referred to in paragraph 1 professional verification of the food notified, including indications that it is suitable for labelled nutritional purposes, complies with the labelled nutritional requirements, shall be identified in a manner specified by the implementing act or decision of the competent administrative authority and shall be placed on the market with the purpose of the use. Where such professional verification is included in the available publication, it shall be sufficient for the food business operator to provide a reference to that publication.

(3) The Ministry of Health shall be entitled to prohibit or restrict the placing on the market of foods for particular nutritional uses not covered by an implementing act which does not meet the labelling requirements of the nutrition legislation or by a decision of the competent administrative authority, which shall not be placed on the market with a designation of the purpose of use or a threat to health, although it is on the market in one or more Member States of the European Union, and to decide to repeal the measure. This procedure and its reasons shall be immediately communicated to the other Member States of the European Union and to the European Commission.

§ 3d

Information obligation of the food business operator

(1) Food business operator producing or placing on the market

(a) a food to which vitamins, minerals or other substances with nutritional or physiological effect listed in Parts B and C of Annex III to Regulation (EC) No 1925 / 2006 of the European Parliament and of the Council have been added; or

(b) food supplement,

is obliged to notify the Ministry, either in paper form or by electronic means, of the introduction of such a food before the first placing on the market of such a food by means of a remote transmission of the data by sending the Czech text to the Ministry of Food, including mandatory information on the food, which will appear on the packaging or label of the food.

(2) Food business operator producing or placing on the market

(a) infant formulae and follow-on formulae;

(b) cereal-based food and food for young children,

(c) food for special medical purposes; or

(d) total diet replacement for weight control

is obliged to notify the Ministry of Health, either in paper form or in electronic form, of the introduction of such a food before the first placing on the market of such a food by means of remote transmission of the data by sending the Czech text to the labelling, including mandatory food information, which will appear on the packaging or label of the food.

(3) An operator of a food business which, at the place of destination, receives food defined by an implementing legislation from another Member State of the European Union or from a third country shall inform the supervisory authority responsible pursuant to Article 16 (4) or (5) of their arrival under the implementing legislation which, on the basis of the risk analysis referred to in Article 3 of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council to the extent strictly necessary for the organisation of official controls, sets out the type of the food, the date, extent and manner of information (63).

(4) An operator of a food business that produces or places on the market a food whose nutrition information is given in a manner other than those provided for in Article 30 to 34 of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council shall notify the Ministry of Food, either in paper form or in electronic form, of the means of expressing and placing nutrition information and of the reasons for meeting the requirements laid down in points (a) to (g) of Article 35 (1) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.

(5) An operator of a food business operating activities covered by a product specification marked with a protected designation of origin, a protected geographical indication or a designation guaranteed by a traditional speciality shall notify the supervisory authority responsible for verifying compliance with the specification by means of a remote transmission of the data by electronic means at the latest on the date on which it occurs.

§ 4

Food irradiation

(1) The conditions for the use of ultraviolet rays and ionising food equipment, the types of food which can be treated in such a way, the maximum total average permitted doses of radiation to which individual food types may be exposed, and the method of marking irradiated food on packaging shall be laid down in implementing legislation. Foodstuffs not covered by the implementing legislation may be treated in accordance with the first sentence only with the consent of the Ministry of Health and under the conditions laid down therein.

(2) The person performing the irradiation of food by ionising radiation must:

(a) specifically designate the natural person responsible for compliance with the conditions for irradiation laid down in the implementing legislation;

(b) keep, for each source of ionising radiation, documentation containing the method of exposure of the food by species, their irradiated quantity, batch marking, name of the client and the recipient of the irradiated food, date of exposure, type of packaging material used during the exposure, data necessary to control the irradiation process, including data on the continuous dosimetric control of the dose used, details including the limit, lowest and highest absorbed dose of radiation and its nature, reference to validation measurements, indication of specific conditions for exposure;

(c) keep the documentation referred to in (b) for 5 years.

(3) Irradiation of foodstuffs by ionising radiation may only be performed if the procedure and method of irradiation have been decided upon at the request of the operator of the irradiation facility (hereinafter referred to as the "irradiation approval decision '). State agricultural and food inspection; the application for a decision shall be subject to an administrative fee.

(4) The application referred to in paragraph 3 shall contain, in addition to the general requirements of the application under the administrative rules:

(a) the name, surname, date of birth and place of residence of the natural person responsible, if any;

(b) the name, surname and place of residence of the person who is the statutory authority of the legal person or its member;

(c) the address of the irradiation plant and the officially certified signature of the applicant;

(d) the subject matter and scope of the activity for which approval is sought and the means of securing it;

(e) justification for the technological need for food irradiation;

(f) an analysis of the risks and critical control points of a potential food health breach under Regulation (EC) No 852 / 2004 of the European Parliament and of the Council, as amended; and

(g) the specification of sources of ionising radiation, the sanitary procedure and the documentation referred to in paragraph 2 (b).

The State Agricultural and Food Inspection shall request a copy of the authorisation for the treatment of the source of ionising radiation and a copy of the decision on type-approval of the source of ionising radiation from the State Nuclear Safety Authority in accordance with paragraph 3.

(5) A decision on the approval of the irradiation plant may be taken provided that the conditions for irradiation laid down by specific legislation have been fulfilled. The State agricultural and food inspection may suspend or revoke the decision approving the irradiation plant if it ascertains that they are liable to endanger or threaten its proper performance, or if it ascertains that the conditions and conditions for the proper execution of the irradiation approval decision are not met.

(6) The national agricultural and food inspection shall immediately inform the competent authority of the European Commission of this fact after the decision on the approval of the irradiation plant has been taken and shall at the same time forward the documentation necessary for its approval for publication in the Official Journal of the European Union. The national agricultural and food inspection shall also inform the competent authority of the European Commission of any suspension or withdrawal of approval decisions.

(7) Imports of food irradiated by ionising radiation from third countries may only be made on condition that:

(a) irradiated foodstuffs comply with the conditions and requirements laid down by law and implementing legislation;

(b) have been irradiated in an irradiation facility approved by the competent authority of the European Union and appearing on the list of irradiation plants published in the Official Journal of the European Union;

(c) the irradiated food shall be accompanied by documentation showing the name and address of the irradiation plant and other particulars referred to in paragraph 2.

(8) Foodstuffs irradiated by ionising radiation in the Member States of the European Union which are not intended for the final consumer or the food business operator operating a food service shall be accompanied, when placed on the market in the Czech Republic, by documentation containing the name and address of the authorised irradiation facility which has carried out the irradiation or by data on the reference number and the mode of irradiation of each type of food.

§ 4a

Classification of carcasses

(1) The food business operator operating a slaughterhouse (hereinafter referred to as "slaughterhouse operator") which slaughters animals for slaughter is required to ensure the classification of animals for slaughter in accordance with the directly applicable European Union rules governing the classification of animals for slaughter (27) and implementing legislation.

(2) Paragraph 1 shall not apply to operators of slaughterhouses which slaughter:

(a) pigs subject to classification in accordance with the directly applicable European Union Regulation governing the classification of animals for slaughter (27) in an annual average of up to 200 animals per week;

(b) only pigs born and fattened in their own breeding establishments and all carcases are slaughtered;

(c) bovine animals subject to classification according to the directly applicable European Union Regulation on the classification of animals for slaughter (27) in an annual average of up to 20 animals per week.

(3) The classification referred to in paragraph 1 does not apply to:

(a) pigs for slaughter which, at the request of the applicant, are only delivered for slaughter for captive consumption;

(b) bovine animals for slaughter which, at the applicant's request, are only delivered for slaughter for captive consumption.

(4) The slaughterhouse operator shall ensure that the classification of slaughter animals is carried out only by a person who has obtained a certificate of professional competence issued by the Ministry (hereinafter referred to as "the classifier '), in a manner and to the extent specified by the directly applicable European Union rules governing the classification of slaughter animals (27) and implementing legislation. The classifier shall issue a report on the classification.

(5) The certificate referred to in paragraph 4 shall be subject to full secondary education or full secondary vocational education and 2 years of experience, or basic education and 6 years of experience in the field, training and examination; the decree specifies the manner and extent of training, the composition of the tests and the issue of the certificate, its duration and the extension of the certificate. Recognition of qualifications of citizens of the European Union is governed by this law and by specific legislation. (c)

(6) The slaughterhouse operator shall communicate the results of the classification to the supplier of the animals for slaughter and to the person authorised under the breeding law in paper form or in electronic form by remote transmission of the data. The scope of the information on the results of the classification shall be determined by the implementing act.

(7) The documentation referred to in paragraph 6 shall be kept by the slaughterhouse operator for a period of 1 year and by the person responsible for managing the central register of animals for 2 years.

(8) The costs associated with the classification of animals for slaughter shall be borne equally by the supplier of animals for slaughter and by the slaughterhouse operator referred to in paragraph 1.

Food labelling

§ 6

(1) The food business operator under whose name or business name the packaged food is placed on the market, or if it is not established in the European Union, the importer of the food on the market of the European Union, is obliged, in addition to compliance with the requirements of the directly applicable European Union food labelling regulation, to ensure that the food intended for consumers or food service facilities or the label attached to the packaging, presentation and accuracy of the food is placed on the packaging.

(a) the quality class particulars, where provided for in the implementing legislation or directly applicable European Union legislation;

(b) the particulars referred to in Article 9 (1) (b) and Article 22 of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council for beverages containing more than 1,2% by volume of alcohol under the conditions for packaged foodstuffs laid down in Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council;

(c) the name and surname or name or business name and address of the food business operator who produced the food, for a drink containing more than 20% by volume of alcohol;

Date of Promulgation	19.05.1997
Effective from	01.09.1997
Effective until	-
Status	Valid

Act No. 110 / 1997 Coll.

Law on food and tobacco products and amending and supplementing certain related laws

Contents

ČÁST PRVNÍ

§ 1

§ 2

§ 3

§ 3a

§ 3c

§ 3d

§ 4

§ 4a

§ 6

Contents

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Citation	Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws
Regulation Type	Law
Author	-
Collection	Code of Laws