Act No. 120 / 2008 Coll.
Act amending Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended, and other related laws
Valid
Law
Effective from 15.05.2008
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120
THE LAW
of 19 March 2008
amending Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Food and Tobacco Products Act
Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended by Act No. 119 / 2000 Coll., Act No. 306 / 2000 Coll., Act No. 146 / 2002 Coll., Act No. 131 / 2003 Coll., Act No. 274 / 2003 Coll., Act No. 94 / 2004 Coll., Act No. 316 / 2004 Coll., Act No. 558 / 2004 Coll., Act No. 392 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 229 / 2006 Coll., Act No. 296 / 2007 Coll., is amended as follows:
1. Paragraph 1 (1), including footnotes 1, 1a and 1b, reads as follows:
"(1) This Act incorporates the relevant provisions of the European Community1) and regulates the obligations of the food business operator (1b) and the entrepreneur who manufactures or puts into circulation tobacco products, and regulates state supervision of compliance with obligations arising from this Act and directly applicable European Community1a).
1) Directive 2000 / 13 / EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, marketing and advertising of foodstuffs. Directive 2001 / 37 / EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the manufacture, presentation and sale of tobacco products. Directive 1999 / 2 / EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States relating to foodstuffs and additives in foodstuffs treated with ionisation. Commission Directive 2003 / 40 / EC of 16 May 2003 establishing a list of constituents of natural mineral waters, their concentration limits and labelling requirements and requirements for the use of ozone-enriched air in the treatment of natural mineral waters and spring waters. Directive 2002 / 46 / EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements. Council Directive 89 / 107 / EEC of 21 December 1988 on the approximation of the laws of the Member States relating to food additives authorised for use in foodstuffs intended for human consumption. Council Directive 89 / 398 / EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses. Commission Directive 1999 / 21 / EC of 25 March 1999 on dietary foods for special medical purposes. Council Directive 2006 / 107 / EC of 20 November 2006 adapting, by reason of the accession of Bulgaria and Romania, Directive 89 / 108 / EEC concerning quick-frozen foodstuffs intended for human consumption and Directive 2000 / 13 / EC of the European Parliament and of the Council concerning the labelling, presentation and advertising of foodstuffs. Commission Directive 2006 / 141 / EC of 22 December 2006 on infant formulae and follow-on formulae and amending Directive 1999 / 21 / EC. Council Directive 88 / 388 / EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and source materials for their production. Council Directive 88 / 344 / EEC of 13 June 1988 on the approximation of the laws of the Member States relating to extraction solvents used in the manufacture of foodstuffs and food ingredients.
(1a) Regulation No 178 / 2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, as amended. Regulation (EC) No 852 / 2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs. Regulation (EC) No 853 / 2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin, as amended. Regulation (EC) No 854 / 2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption, as amended. Regulation (EC) No 1935 / 2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80 / 590 / EEC and 89 / 109 / EEC. Commission Regulation (EC) No 2073 / 2005 of 15 November 2005 on microbiological criteria for foodstuffs. Commission Regulation (EC) No 2074 / 2005 of 5 December 2005 laying down implementing measures for certain products pursuant to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council and for the organisation of official controls pursuant to Regulations (EC) No 854 / 2004 and (EC) No 882 / 2004 of the European Parliament and of the Council, as amended. Commission Regulation (EC) No 2075 / 2005 of 5 December 2005 laying down specific rules on official controls for Trichinella in meat, as amended by Commission Regulation (EC) No 1664 / 2006. Commission Regulation (EC) No 2076 / 2005 of 5 December 2005 laying down transitional Regulations (EC) No 853 / 2004, (EC) No 854 / 2004 and (EC) No 882 / 2004 of the European Parliament and of the Council and amending Regulations (EC) No 853 / 2004 and (EC) No 854 / 2004, as amended by Commission Regulation (EC) No 1666 / 2006. Regulation (EC) No 882 / 2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, as amended by Regulation (EC) No 854 / 2004 of the European Parliament and of the Council. Commission Regulation (EC) No 37 / 2005 of 12 January 2005 on temperature monitoring in means of transport, storage and storage for quick-frozen foodstuffs intended for human consumption. Regulation (EC) No 1760 / 2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820 / 97, as amended. Commission Regulation (EC) No 1825 / 2000 of 25 August 2000 laying down detailed rules for applying Regulation (EC) No 1760 / 2000 of the European Parliament and of the Council as regards the labelling of beef and beef products, as amended by Commission Regulation (EC) No 275 / 2007. Council Regulation (EC) No 1028 / 2006 of 19 June 2006 on marketing standards for eggs. COUNCIL REGULATION (EEC) No 1906 / 90 of 26 June 1990 on certain marketing standards for poultrymeat, as amended. Commission Regulation (EEC) No 1538 / 91 of 5 June 1991 laying down detailed rules for the application of Regulation (EEC) No 1906 / 90 on certain marketing standards for poultrymeat, as amended. Council Regulation (EC) No 104 / 2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products, as amended. Commission Regulation (EC) No 2065 / 2001 of 22 October 2001 laying down detailed rules for the application of Council Regulation (EC) No 104 / 2000 as regards consumer information on fishery and aquaculture products, as amended. Regulation (EC) No 1829 / 2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food, as amended by Commission Regulation (EC) No 1981 / 2006. Regulation (EC) No 1830 / 2003 of the European Parliament and of the Council of 22 September 2003 on the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001 / 18 / EC. Commission Regulation (EC) No 608 / 2004 of 31 March 2004 on the labelling of foods and food ingredients with added phytosterols, phytosterols, phytostanols or phytostanols. Regulation (EC) No 258 / 97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients, as amended. Council Regulation (EC) No 2200 / 96 of 28 October 1996 on the common organisation of the market in fruit and vegetables, as amended. Commission Regulation (EC) No 1148 / 2001 of 12 June 2001 on checks on conformity with the marketing standards for fresh fruit and vegetables, as amended. Council Regulation (EEC) No 2759 / 75 of 29 October 1975 on the common organisation of the market in pigmeat, as amended. Council Regulation (EC) No 2529 / 2001 on the common organisation of the market in sheepmeat and goatmeat, as amended. Council Regulation (EC) No 1183 / 2006 of 24 July 2006 concerning the Community scale for the classification of carcases of adult bovine animals. Commission Regulation (EEC) No 563 / 82 of 10 March 1982 laying down detailed rules for the application of Regulation (EEC) No 1208 / 81 as regards the fixing of market prices for adult bovine animals on the basis of the Community scale for grading carcases, as amended. COUNCIL REGULATION (EEC) No 3220 / 84 of 13 November 1984 determining the Community scale for grading pig carcases, as amended. Commission Regulation (EEC) No 2967 / 85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases, as amended. Council Regulation (EEC) No 2137 / 92 of 23 July 1992 concerning the Community scale for the classification of sheep carcases, the standard quality of fresh or chilled sheep carcases in the Community and the extension of Regulation (EEC) No 338 / 91, as amended. Council Regulation (EC) No 509 / 2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed. Council Regulation (EC) No 510 / 2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, as amended by Council Regulation (EC) No 1791 / 2006. Council Regulation (Euratom) No 3954 / 87 of 22 December 1987 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, as amended by Council Regulation (Euratom) No 2218 / 89. Council Regulation (EEC) No 2219 / 89 of 18 July 1989 on special conditions governing the export of food and feed following a nuclear accident or any other case of radiological emergency. Council Regulation (EEC) No 737 / 90 of 22 March 1990 on the conditions for imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station, as amended. Commission Regulation (EC) No 1635 / 2006 of 6 November 2006 laying down detailed rules for the application of Council Regulation (EEC) No 737 / 90 on the conditions for imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station. Commission Decision 2006 / 504 / EC of 12 July 2006 laying down special conditions for imports of certain foodstuffs from selected third countries due to the risk of contamination of aflatoxins. Regulation (EC) No 1924 / 2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health data relating to foodstuffs. Regulation (EC) No 1925 / 2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to food. Council Regulation (EEC) No 2913 / 92 of 12 October 1992 establishing the Community Customs Code, as amended. Council Regulation (EEC) No 2377 / 90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin, as amended. Commission Regulation (EC) No 1881 / 2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs. Regulation (EC) No 396 / 2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91 / 414 / EEC, as amended by Commission Regulation (EC) No 178 / 2006.
(1b) Article 3 (3) of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council. '
2. In Paragraph 1 (2), the reference to footnote 1b is deleted and the words "immediately binding 'are replaced by the words" directly applicable'.
3. in Articles 2 (c) and 18 (2), the words "immediately binding" shall be replaced by the words "directly applicable."
4. in Article 2 (f):
"(f) food which satisfies the chemical, physical and microbiological health requirements laid down in this Act, directly applicable European Community legislation and implementing legislation, or which are put into circulation with the consent of the Ministry of Health, issued in accordance with § 3a (1) or § 11 (2) (b) (1),"
5. In Article 2 (g), the words "and the Order 'are replaced by the words", implementing legislation or directly applicable European Communities'.
6. in Article 2, point (i) is deleted;
Points (j) to (z) shall be renumbered (i) to (y).
7. in Article 2 (i):
"(i) a food supplement designed to supplement a normal 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;"
8. in Paragraph 2 (n), "(h) to (k)" is replaced by "(i) to (l)";
9. in Article 2 (o), the words "from the date of customs clearance" shall be replaced by the words "from the date of release for free circulation."
10. in Article 2, points (v) and (w) are deleted;
The existing points x) and y) are referred to as points v) and w).
11. in Article 2 (v), the words' immediately binding provisions of the European Communities (1a) 'shall be replaced by' directly applicable provisions of the European Communities';
12. in Article 3 (1) and (2), including footnotes 3a to 3c:
"(1) The food business operator shall:
(a) comply with sensory, physical, chemical and microbiological food quality requirements;
(b) comply at all stages of the production and putting into circulation of foodstuffs with technological and hygienic requirements, the manner and conditions of transport, storage and handling of foodstuffs;
(c) comply with the requirements for the content, conditions and method of use of vitamins, minerals and other substances having nutritional or physiological effect, as well as with additives, aids and flavourings;
(d) comply with the requirements for species and permitted levels of contaminants, pesticide residues, toxicologically relevant substances and substances resulting from the activities of micro-organisms in food and raw materials;
(e) ensure that the maximum levels of residues of veterinary medicinal products and bioactive substances used in animal production are not exceeded in foodstuffs;
(f) comply with the purity and identity requirements of substances referred to in § 2 (i) to (l), vitamins, minerals and other substances having nutritional or physiological effect;
(g) when using additives approved by a decision of the Ministry of Health pursuant to § 3a (1) or food supplements approved by a decision of the Ministry of Health pursuant to § 11 (2) (b) (1) to comply with the approved range of use and labelling of these substances on food packaging;
(h) provide the necessary number of employees and the corresponding technical equipment to ensure that the checks are carried out in accordance with the provisions directly applicable in the European Communities concerning imports of certain foodstuffs from third countries (3a);
(i) notify the competent supervisory authority in paper form or in a way that allows the 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, indicating its name, surname or business name, business address and business address of the establishment, if it is a natural person, or business name, registered office and address of the establishment, if it is a legal person, identification number and business or business object.
(2) The food business operator producing food or raw materials 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) ensure regular monitoring of compliance with the requirements laid down in this Act and technical requirements 3b) on the health and quality of the food produced and, at a time of radiological emergency, compliance with the requirements for the maximum permitted levels of radioactive contamination of foodstuffs laid down by the directly applicable European Community Regulation on maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or other case of radiological emergency (c) and keep records of checks carried out;
(c) use only heat-treated egg contents for the manufacture of uncooked foodstuffs.
3a) For example, Article 4 of Commission Decision 2006 / 504 / EC.
3b) § 2 (h) of Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended.
(3c) Council Regulation (Euratom) No 3954 / 87. '
footnotes 3g, 3h, 3i and 3j are deleted.
13. in Paragraph 3, paragraph 4, including footnote 3d, reads:
"(4) The food business operator importing food or raw materials from countries other than the Member States of the European Union (" third countries') shall:
(a) where the provisions of the directly applicable regulation of the European Communities so provide, submit to the customs office a certificate issued by the competent authority of the third country confirming that the imported food or raw material complies with the requirements of this directly applicable regulation of the European Communities; This provision is without prejudice to the requirements laid down in veterinary law 2c),
(b) ensure that further checks are carried out on imported foodstuffs or raw materials, provided that they are provided for in the directly applicable provisions of the European Communities, in the manner, to the extent and under the conditions laid down therein;
(c) submit an export certificate to the customs office at the time of radiological emergency in accordance with the provisions of the directly applicable regulation of the European Communities governing the import conditions of foodstuffs or raw materials originating in third countries (3d).
3d) For example, Commission Regulation (EC) No 1635 / 2006. "
footnotes 3k and 3l are deleted.
14. in Article 3, paragraphs 5 and 6, including footnotes 3m and 3n, are deleted;
Paragraphs 7 to 13 shall become paragraphs 5 to 11.
15. in Article 3 (5) (d), including footnote 3e:
"(d) present to the customs office at the time of the radiological emergency in the territory of the Czech Republic a certificate that the exported food or raw material complies with the maximum permitted level of radioactive contamination in accordance with the directly applicable provisions of the European Communities governing the 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 (3e);
3e) Council Regulation (Euratom) No 3954 / 87. Council Regulation (EEC) No 2219 / 89. '
16. in Article 3, the following point (e) is added at the end of paragraph 5:
"(e) where the provisions of the directly applicable regulation of the European Communities so provide, submit to the customs office a certificate certifying that the exported food or raw material complies with the requirements of this directly applicable regulation of the European Communities.";
17. in Article 3 (6), the words "in administrative proceedings" and the reference to footnote 3c shall be deleted;
footnote 3o, including the footnote references, is deleted.
18. in Paragraph 3 (7), "paragraph 8" is replaced by "paragraph 6" and "customs authority" is replaced by "customs office."
19. Paragraph 3 (8) reads:
"(8) In order to put wild edible mushrooms into circulation for the purpose of their sale to the consumer 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. ';
footnote 3p is deleted.
20. in Article 3 (9), the words "under special legislation (3r)" shall be deleted;
footnote 3r is deleted.
21. in Article 3 (11), the comma at the end of point (c) shall be replaced by a dot and point (d) shall be deleted;
22. The heading of Section 3a reads: "Obligations of food business operators producing, importing or putting into circulation additives."
23. in Article 3a (1) and (2):
"(1) Additives other than those provided for in the implementing legislation may be used for the manufacture of foodstuffs, imported or put into circulation only with the consent of the Ministry of Health. The consent of the Ministry of Health shall be issued for a maximum period of 2 years. Consent shall not be given if, in respect of the same additive, another Member State of the European Union has requested the Commission of the European Communities to include it in the list of authorised additives and this application has been rejected or has not been decided upon within 18 months of its submission; for these reasons, the consent shall cease on the date on which the Ministry of Health informs the person who was given the consent under the first sentence. The notice of termination of consent shall be delivered to the addressee's own hands. The last sentence of paragraph 5 shall apply mutatis mutandis to the grant of new consent.
(2) The application is submitted to the Ministry of Health by the food business operator producing, importing or putting into circulation the additive. "
footnote 3s is deleted.
24. In Section 3a (3) of the introductory part of the provision, the words "paragraph 1 'are replaced by the words" paragraph 2'.
25. Paragraph 3a (6) is deleted.
Paragraph 7 shall become paragraph 6.
26. In Article 3a, the sentence "The Ministry of Health shall, on its own initiative, amend the consent issued pursuant to paragraph 1 if the conditions of use of the additive are changed or if new information is found or existing information on the effect of the additive on human health is reviewed. '
27. In Article 3a, the following paragraphs 7 and 8 are added:
"(7) Where an additive or its use in the manufacture of foodstuffs is liable to endanger human health, the Ministry of Health shall withdraw the consent granted under paragraph 1 from its own resources.
(8) In the decision referred to in paragraphs 6 and 7, the Ministry of Health shall lay down the conditions and time limits for the sale or other consumption of the additive or food containing that additive. ';
28. The heading of Section 3c reads: "Obligations of food business operators who produce or import foodstuffs intended for particular nutritional uses."
29. in Paragraph 3c (1):
"(1) The food business operator who manufactures or imports from a third country food intended for particular nutritional uses, which is not provided for in the implementing legislation, is required to send the Czech text to the Ministry of Health and in a copy to the Ministry of Health before it is first put into circulation. The food business operator who first put such food into circulation 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. ';
footnote 3t is deleted.
30. Paragraph 3c (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
31. in the first sentence of Article 3c (2), "producer or importer" is replaced by "food business operator."
32. In the second sentence of Article 3c (2), "producer or importer 'is replaced by" food business operator'.
33.
Information obligation of the food business operator
(1) An operator of a food business which produces or puts into circulation a food to which vitamins, minerals or other substances with nutritional or physiological effect (hereinafter referred to as "enriched food"), infant formula or food supplements have been added, is required to send to the Ministry of Health before they are first put into circulation, and in a copy to the Ministry, the Czech text of the labelling, which will appear on the packaging of the product and, in the case of enriched food, to the Ministry of Health and to the Ministry immediately provide information on the recall of the product.
(2) The food business operator who manufactures or imports from a third country a dietary food for special medical purposes is obliged to send the Czech text to the State Agriculture and Food Inspection on the packaging of the product before it is put into circulation.
(3) An operator of a food business which produces or puts into circulation a food whose labelling on packaging or advertising indicates a health claim is required
(a) send the Czech text of this claim to the Ministry of Health and in a copy to the Ministry of Health before the food is first put into circulation;
(b) at the request of the Ministry of Health, submit without delay the supporting documents and particulars in accordance with the provisions of the directly applicable regulation of the European Communities governing nutrition and health claims made in the labelling of foodstuffs (f).
(4) The food business operator who produces or puts into circulation a food whose labelling on packaging or advertising indicates a nutrition claim shall:
(a) before first putting such food into circulation, send the Czech text of this claim to the Ministry of Health and in a copy to the Ministry of Health,
(b) submit without delay, at the request of the Ministry, supporting documents and particulars in accordance with the provisions of the directly applicable regulation of the European Communities governing nutrition and health claims made on foods (f).
3f) Regulation (EC) No 1924 / 2006 of the European Parliament and of the Council. '
34. in Paragraph 4 (1):
"(1) The conditions for the use of ultraviolet rays and ionising devices for the treatment of food and raw materials, the types of food and raw materials which can be treated in such a way, the maximum total average permitted doses of radiation to which individual types of food and raw materials may be exposed, and the method of marking irradiated food on packaging shall be laid down in the implementing legislation. Foods 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. '
35. in Articles 4 (2) (a) and 4 (7) (a), the references to footnote 4 are deleted;
36. in Article 4 (3), the references to footnotes 3f and 3r are deleted;
37.In Article 4 (5), the second sentence and the references to footnotes 3c and 3j are deleted.
38. Paragraph 4a (1), including footnote 4, reads:
"(1) The food business operator operating a slaughterhouse (hereinafter referred to as the" slaughterhouse operator ') which slaughters animals for slaughter shall ensure the classification and labelling of the animals for slaughter in the manner and to the extent specified by the directly applicable provisions of the European Communities relating to the classification of animals for slaughter (4) and the implementing legislation.
4) Council Regulation (EC) No 1183 / 2006. Commission Regulation (EEC) No 563 / 82. Council Regulation (EEC) No 3220 / 84. Commission Regulation (EEC) No 2967 / 85. Council Regulation (EC) No 2137 / 92. Council Regulation (EEC) No 2759 / 75. Council Regulation (EC) No 2529 / 2001. '
footnotes 4a and 4b are deleted.
39. in Article 4a (2), the following point (c) is inserted after point (b):
"(c) pigs for slaughter which, at the request of the applicant, are only delivered for slaughter for captive consumption, ';
Point (c) shall be renumbered (d).
40. in § 4a (3) (b):
"(b) adult bovine animals for slaughter which, at the request of the applicant, is only delivered for slaughter for captive consumption.";
41.In Paragraph 4a (4):
"(4) The classification of slaughter animals shall be carried out by a natural person on the basis of 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 provisions of the European Communities relating to the classification of slaughter animals (4) and implementing legislation. The classifier shall issue a report on the classification.';
42. Paragraph 4a (6), including footnote 5, reads:
"(6) The classifier shall be required to communicate the results of the classification to the competent slaughterhouse operator in paper form or in a way that allows long-distance data transmission. 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 a way that allows the remote transmission of data, by means of a central register of animals (5). The scope of the information on the results of the classification shall be determined by the implementing act.
5) § 23c of Act No. 154 / 2000 Coll., on the Breeding, Breeding and Registration of Animals and on the Amendment of Certain Related Laws (Breeding Act), as amended. "
footnote 4d is deleted.
43.In Article 4a (7), the reference to footnote 4d is deleted.
44. In Paragraph 4a, paragraphs 8 to 10 are deleted.
Paragraph 11 shall become paragraph 8.
45. in Article 6 (1) (a), the words "or importer," shall be deleted and the words "or seller" shall be inserted after the words "or seller";
46. in Article 6 (1) (m), the words "by order or, where appropriate, by decision of the Ministry of Health issued pursuant to Article 11 (4)" shall be replaced by "by implementing legislation or by a directly applicable regulation of the European Communities."
47. in Article 6 (1) (n) and (o):
"(n) indication of the quality class, where the implementing legislation so provides,
(o) other particulars, where provided for in veterinary law 2c). ';
48. in Article 6 (5), including footnotes 6d and 6e:
"(5) Foods or food ingredients of a new type shall be labelled on the packaging intended for consumers in accordance with paragraph 1 and the particulars laid down directly by the applicable provisions of the European Communities concerning novel foods or novel ingredients (6d). Food or food ingredients which are or contain a genetically modified organism or which are produced from a genetically modified organism shall be labelled on the packaging intended for consumers in accordance with paragraph 1 and the particulars laid down by the directly applicable provisions of the European Communities concerning genetically modified food and feed 6e).
6d) Regulation (EC) No 258 / 97 of the European Parliament and of the Council. Commission Regulation (EC) No 608 / 2004. Commission Decision 2003 / 867 / EC of 1 December 2003 authorising the placing on the market of salatrims as a novel food ingredient under Regulation 258 / 97 / EC of the European Parliament and of the Council. Commission Decision 2001 / 721 of 25 September 2001 authorising the placing on the market of trehalose as a food or food ingredient under Regulation 258 / 97 / EC of the European Parliament and of the Council. Commission Decision 2000 / 500 of 24 July 2000 authorising the placing on the market of "yellow spread fats containing phytosterols' as a food or food ingredient under Regulation (EC) No 258 / 97 of the European Parliament and of the Council.
6e) Articles 12 and 13 of Regulation (EC) No 1829 / 2003 of the European Parliament and of the Council. Article 4 of Regulation (EC) No 1830 / 2003 of the European Parliament and of the Council
49. in Article 7, the following points (d) and (e) are inserted after point (c):
"(d) an indication of the composition of the food according to the raw materials and additives used, flavourings, vitamins, minerals and other substances having nutritional or physiological effect,
(e) an indication of the country of origin or the origin of the food where the non-indication would mislead the consumer about the origin or origin of the food; ';
Points (d) to (f) shall be renumbered as points (f) to (h).
50. in Article 8 (2), the references to footnotes 3s and 6e are deleted;
51. in Article 10 (1) (e), the words "special legislation3j)" shall be replaced by the words "directly applicable European Communities regulation on maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or other case of radiological emergency (3c)."
52. In Paragraph 10, the dot is replaced by a comma at the end of paragraph 1 and the following point (f) is added:
"(f) irradiated in contravention of the requirements laid down by this law and the implementing legislation.";
53. Paragraph 11 (2) (b), including footnote 10a, reads as follows:
'(b) ensure that it puts into circulation:
1. food supplements containing vitamins or minerals other than those provided for in the implementing legislation, only after prior approval by the Ministry of Health,
2. Foods of a new type other than equivalent only on the basis of consent issued under the directly applicable Regulation of the European Communities amending the new type (10a); the application is submitted to the Ministry of Health; a copy of the application shall be sent to the Commission of the European Communities,
10a) Article 4 of Regulation (EC) No 258 / 97 of the European Parliament and of the Council. '
54. in Article 11 (2), point (c) is deleted;
Point (d) shall be renumbered (c).
55. in Article 11 (2) (c), the words "on sale and transport of foodstuffs" shall be replaced by the words "at all stages of putting food into circulation."
56. Paragraph 11 (3) and (4) read:
"(3) The request for consent referred to in paragraph 2 (b) (1) shall include information on the composition of the food and the nature of its source, the results of laboratory analyses of the presence of contaminants in foodstuffs and the specified microbiological criteria in foodstuffs and the State Health Institute's opinion on the health of the food.
(4) The Ministry of Health may, in a decision given in accordance with paragraph 2, point (b). (b) point 1 shall lay down the conditions for use of the food supplement and its labelling on packaging intended for consumers. ';
57. In Article 11, the following paragraph 5 is inserted after paragraph 4:
"(5) The Ministry of Health shall, on its own initiative, withdraw the consent granted under paragraph 2 (b). (b) point (1) or amend this Decision where new information or existing information on the effects of food supplements or nutrients on human health is found or reviewed. In the Decision, the Ministry of Health sets out the conditions for the sale or other consumption of food supplements. '
Paragraphs 5 to 10 shall be renumbered paragraphs 6 to 11.
58. In Article 11 (7), the reference to footnote 3d is deleted.
(59) In Paragraph 11 (8), the references to footnote 3f are deleted.
60. In Article 11 (9), "paragraph 7 'is replaced by" paragraph 8';
61. Paragraph 11a (2) reads as follows:
"(2) Paragraph 1 shall not apply where the laws, regulations and procedures referred to in paragraph 1 do not guarantee a level of protection of a legitimate interest corresponding to that of the Czech Republic. ';
62. In Paragraph 12 (4), the introductory part of the provision reads: "The entrepreneur producing or putting into circulation tobacco products shall comply with the requirements laid down otherwise for food v."
63.In Article 12 (4) (a), "(a) to (e)" is replaced by "(a) and (b)."
64. in Article 12 (4) (d):
"(d) § 7 (a), (b), (c), (e), (f), (g) and (h),"
65.In Paragraph 12 (4) (f), "paragraph 2 (a) and (d)" is replaced by "paragraph 2 (a) and (c)."
66. In Paragraph 12 (5) of the Introductory Part of the Provisions, the words "The person referred to in paragraph 4 is required 'are replaced by the words" The entrepreneur referred to in paragraph 4 is obliged'.
67. in § 12 (6), (7) and (9), the words "person mentioned" shall be replaced by the words "entrepreneur mentioned."
68. in Paragraph 12 (8), the words "the person mentioned 'are replaced by the words" the entrepreneur mentioned';
69. In Article 13, the words "the person referred to in Article 12 (4), which" shall be replaced by the words "the entrepreneur referred to in Article 12 (4), which."
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Regulation Information
| Citation | Act No. 120 / 2008 Coll., amending Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2008 |
|---|---|
| Effective from | 15.05.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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