Decree No. 128 / 2009 Coll.
Ordinance on the adaptation of animal and public health requirements to certain food businesses in which animal products are treated
Valid
Order
Effective from 30.05.2009
128
DECLARATION
of 30 April 2009
adapting animal and public health requirements for certain food businesses in which animal products are treated
The Ministry of Agriculture provides pursuant to § 78 of Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended by Act No. 131 / 2003 Coll., Act No. 316 / 2004 Coll., Act No. 48 / 2006 Coll. and Act No. 182 / 2008 Coll., for the implementation of § § 21 (14), § 22 (2) and § 24 (2) of the Veterinary Act:
Subject matter
(1) This decree regulates the application of directly applicable European Union1 ("European Union Regulations").
(a) animal health conditions governing the release into circulation of animal products;
(b) the animal and public health requirements for certain undertakings, establishments and other establishments treating food (2) (hereinafter referred to as "the food business") and the technical conditions of their design, layout and equipment;
(c) in accordance with the procedure and according to which criteria, the veterinary authorities may adapt without prejudice to the hygiene of the production of animal and public health requirements of European Union food business regulations;
(d) which food undertakings are regarded as having a small production volume and which food undertakings are regarded as having a retail activity;
(e) animal and public health requirements for and treatment of food produced and processed in food establishments subject to the provisions of this Regulation (3);
(f) the content of the application for adaptation of health and veterinary requirements (hereinafter referred to as "adaptation of requirements") to food businesses.
(2) This Decree was notified in accordance with Directive 98 / 34 / EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and rules and of rules on information society services, as amended by Directive 98 / 48 / EC.
(3) This decree does not apply to the sale of small quantities of own products of primary production directly to the final consumer and to their supply to the local retail store, which supplies directly to the final consumer4).
Definition of terms
For the purposes of this decree:
(a) the structural requirements of the technical requirements for the construction and construction of the food business, its layout and the purpose of identifying its operating premises, its internal treatment and equipment;
(b) food, including beverages, cooked in a cold or warm way or treated so that it can be served directly or after heating as part of the provision of catering services.
Procedure for adapting requirements to food businesses
(1) Certain animal and public health requirements laid down in Annex II to Regulation (EC) No 852 / 2004 of the European Parliament and of the Council, Annex III to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council or Annex I to Regulation (EC) No 854 / 20045 of the European Parliament and of the Council may be adapted to the food business in accordance with the procedure and under the conditions laid down by the animal health law, regulations of the European Union and this Regulation.
(2) The competent authority of the veterinary administration shall, when examining an application for the adaptation of the requirements referred to in paragraph 1:
(a) verify the official control of the assumptions to adapt these requirements to the conditions and needs of the food business concerned;
(b) assess the risks (6) which could endanger the safety and health of foodstuffs in the event of their adaptation to the food business.
(3) Adaptation of the requirements laid down in European Union5)
(a) jeopardise the achievement of the objectives laid down in those provisions, in particular food hygiene 7),
(b) lead to a reduction in the level of food safety and health.
Adaptation of requirements to small-volume food businesses
Exceptions to certain structural requirements (8), provided for by the European Union Regulation on food hygiene and by the European Union Regulation laying down specific hygiene rules for food of animal origin (9), may be granted to small-volume food undertakings.
(1) An undertaking which fulfils the conditions laid down in this provision shall be regarded as a small-volume food undertaking; those undertakings may be granted exemptions from certain structural requirements set out in Annex III to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council,
(a) slaughterhouses in which no more than 20 livestock units per week and no more than 1 000 livestock units per year are slaughtered, that they may not have suitable and sanitary stables or preponderance housing as referred to in point (a) of Chapter II of Section I, if the animals are transferred directly to the slaughterhouse after being moved to the slaughterhouse;
(b) slaughterhouses where not more than 20 livestock units per week and not more than 1 000 livestock units per year are slaughtered, that they may not have separate premises with suitable facilities for cleaning, washing and disinfection of means of transport intended for the transport of animals referred to in Section I, Chapter II, paragraph 6, provided that the slaughter animals are transported to the slaughterhouse directly from the holding by the breeder or carrier, provided that they have their own or other such facilities which meet the hygiene requirements;
(c) a food business with slaughterhouses in which no more than 5 tonnes of meat are cut per week, that the specific cutting areas referred to in Chapter III (3) of Section I may not be carried out separately, provided that the relevant activities are carried out in a slaughter area which also serves to cut meat,
(d) slaughterhouses which do not have lockable facilities reserved for slaughtered sick animals or animals suspected of being infected that the facilities used for the slaughter of such animals need not be cleaned, cleaned and disinfected under official supervision prior to the start of slaughter of other animals in accordance with Section I, Chapter IV, paragraph 20, provided that the cleaning and disinfection of such facilities are carried out in accordance with the rules of the slaughterhouse and that the official veterinarian or official veterinary assistant checks the results of such cleaning before the resumption of slaughter;
(e) slaughterhouses that they may not have a lockable storage facility for cold storage of suspended meat referred to in Section I, Chapter II, paragraph 5 and may store such meat together with other meat in one cold area, unless it is meat from an animal suspected of being infected, such meat shall be stored in such a way that it cannot adversely affect other meat, and organisational measures shall be taken to prevent the misuse of such meat;
(f) poultry slaughterhouses in which no more than 1 000 turkeys, geese or ducks are slaughtered per week and no more than 50 000 turkeys, geese or ducks per year, and poultry slaughterhouses where no more than 3 000 other poultry are slaughtered per week and no more than 150 000 other poultry are slaughtered per year, that they may not have a lockable storage facility for cold storage of the suspended meat referred to in Section II, Chapter II, paragraph 5 and may store such meat together with other meat in the same cold area, unless the meat of poultry suspected of being infected by the disease is stored in such a way that it cannot adversely affect other meat, and organisational measures are taken to prevent the misuse of that meat;
(g) a food business with poultry slaughterhouses in which no more than 2 tonnes of meat per week may be cut, that the specific meat cutting areas referred to in point (c) of Chapter III of Section II, paragraph 1 may not be used, provided that the relevant operations are carried out separately in the slaughter area, which also serves to cut meat.
(2) For the purposes of this decree, 1 piece of adult bovine animals or an adult solipeds weighing more than 500 kg shall be considered as one livestock unit. In the case of other domestic ungulates, conversion shall be made according to the following criteria:
| Druh zvířete: | Počet velkých dobytčích jednotek: |
| 1 kus ostatního skotu | 0,50, |
| chovná prasnice nebo chovný kanec o živé hmotnosti nad 50 kg | 0,50, |
| jiné prase | 0,30, |
| ovce nebo koza | 0,15, |
| sele, jehně nebo kůzle o živé hmotnosti nepřevyšující 15 kg | 0,05. |
(3) When applying the conversion referred to in paragraph 2 to farmed game, such game shall be assessed with regard to animals of similar species.
(1) The Regional Veterinary Administration may decide to authorise exemptions under the provisions of Section 4 at the request of a food business.
(2) In the application for exemption, the applicant shall indicate, in addition to the formalities laid down in the Administrative Regulation (10):
(a) which exemptions from which requirements and for what reasons are to be authorised;
(b) the characteristics of the food business to which the requested exemptions are to be authorised, namely the critical technical parameters relating to the construction, layout, internal treatment and equipment of the food business;
(c) the nature, manner and extent of the activity of the food business, the organisation of its production;
(d) the measures to be taken in order to ensure the safety and health of foodstuffs in the context of the authorisation of the requested derogations, in particular those concerning the application of the principles of good hygiene practice and HACCP 11),
(e) other information relevant to the assessment of the rationality of the request for exemption and to inform the Commission and the other Member States of the exemptions which should be authorised.
General provisions on food businesses operating retail activities
(1) For the purposes of this Decree, a food undertaking or a holding operating retail pursuant to a European Union Regulation 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 (12) and, where appropriate, supplying food to another retail establishment, as far as activities are marginal and limited at local level are concerned, shall be regarded as a food undertaking which carries out a retail activity.
(2) A marginal and limited activity at local level in accordance with the directly applicable European Union Regulation laying down specific hygiene rules for food of animal origin (13) shall be considered to be an activity where food is supplied only to a nearby retail establishment or to a local market in quantities corresponding to the provisions of Sections 8 to 14a.
(3) The supply of food to a nearby retail establishment or to a local market within a peripheral and restricted activity at local level shall be understood as the supply of food to a retail establishment or to a local market within the region and in neighbouring regions. For the purposes of this decree, in the case of the capital city of Prague, the neighboring regions are also considered to be neighbouring regions adjacent to the Central Bohemia Region.
Food undertakings supplying meat and meat products
(1) Where a food business supplies meat or meat products to another retail establishment in its retail activity, it is a marginal and limited activity where:
(a) is a food business in which
1. cutting down not more than 3,5 tonnes of boned meat, or the corresponding quantity of bone-in meat, if the meat of domestic ungulates,
2. cuts not more than 1,5 tonnes of meat, if it is poultry or rabbit meat,
3. produce not more than 4,5 tonnes of meat products,
(b) the quantity of meat and meat products delivered does not exceed a week
1.35% by that undertaking of boned meat produced, or the corresponding quantity of bone-in meat, if it is for meat of domestic ungulates,
2.35% of the meat produced by that undertaking, if it is poultry or rabbit meat,
3.35% by that undertaking of meat products produced,
(c) other retail establishments such meat and meat products
1. supplies directly to the final consumer; or
2. It shall continue to work only on the express wish of the final consumer.
(2) Food undertakings to which meat or meat products processed in another food business in the course of its retail activity are supplied may only put those products into circulation under the conditions laid down in paragraph 1.
For a food business operating a retail activity under the conditions laid down in Section 8 (1), in addition to the animal and public health requirements laid down in the European Union Code on Food Hygiene (14), the animal and public health requirements laid down in Annex III to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council shall apply.
(a) in Section I, Chapter V, paragraph 2 (a) and (b) and paragraph 3, and in Chapter VII, paragraph 1 (a) as regards the internal temperature of meat and offal of domestic ungulates;
(b) in Section II, Chapter V, paragraph 1 (a) and (b), as regards the internal temperature of poultry and rabbit meat;
(c) in Section III, paragraph 1, according to which the internal temperature of meat and offal of sudophile farmed mammals shall be subject only to the requirements set out in Section I, Chapter V, paragraph 2 (a), (b) and (c) and paragraph 3;
(d) in Chapters II and III of Section V, as regards the hygiene requirements for minced meat and meat preparations before and after their manufacture, and in particular their temperature requirements;
(e) in Section VI, as regards raw materials used for the preparation of meat products.
Food undertakings supplying milk and milk products
(1) A food business which processes within a marginal and limited activity on average 500 litres of milk of tubers, goats or sheep's milk per day, but not more than 1000 litres of milk within 48 hours after milking, may, unless otherwise specified, deliver, in the course of its retail activity, products from raw, dairy-free (unpasteurised) milk from animals from its own holding, or products from heat-treated (pasteurised) milk from animals from its own holding to another retailer which supplies such milk products directly to the final consumer or uses milk products supplied for the preparation of foodstuffs intended for direct administration to final consumers, provided that the quantity of products supplied to other retailers does not exceed 35% per week of the production of milk products of that food business.
(2) The food undertaking referred to in paragraph 1 may not supply the products referred to in paragraph 1 to an establishment providing catering services.
(a) in schools and schools registered in the school register (17);
(b) in facilities for social education and children requiring immediate assistance (18);
(c) in business establishments where the care of a child under the age of 3 years is under daily arrangements or education, teaching or extracurricular education of children over the age of 3 in a pre-school establishment;
(d) private schools or establishments serving vocational education19) not included in the register of schools and educational establishments;
(e) in childcare facilities (20), rehabilitation and other similar actions for children21), bed care providers (22), spa rehabilitation care (23), children's homes for children under the age of 3) and social services (24).
(3) Raw milk originating from animals meeting the requirements laid down in Annex III, Section IX, Chapter I, Part I to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council, after milking, shall be used for the manufacture of the products referred to in paragraph 1.
(a) the residue content of the inhibitors does not exceed the limit laid down in Annex III, Section IX, Chapter I, Part III, paragraph 4 to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council;
(b) Staphylococcus aureus does not exceed 500 cfu per ml when it comes to the manufacture of raw, non-cured milk products,
(c) the total number of micro-organisms does not exceed 100 000 per ml and the total number of somatic cells does not exceed 400 000 per ml if it is cow's milk; and
(d) the total number of micro-organisms does not exceed:
1. milk for the production of raw milk-free (unpasteurised) milk, 500 000 per ml if it is of a kind other than cow's milk; or
2. milk for the manufacture of heat treated (pasteurised) milk of 1 500 000 per ml, if it is of a kind other than cow's milk.
(4) A composite sample of raw milk after milking from all milked animals for the manufacture of the products referred to in paragraph 1 shall be examined on the basis of a hazard analysis and taking into account the previous results and trends thereof, in particular when the production of the products referred to in paragraph 1 is started and when any change in the method of extraction, treatment and processing of milk which could affect its health, but at least twice a year, at intervals of at least 2 months between the individual tests, in the light of the limits referred to in paragraph 3 (b) to (d).
(5) For the manufacture of the products referred to in paragraph 1, milk shall be used immediately before processing in addition to the requirements referred to in paragraph 3 (b). (a) and (b)
(a) in the case of cow's milk, it complies with the requirements laid down in Chapter II (III) (1) of Section IX of Annex III to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council; or
(b) if the milk of a species other than cows does not exceed the total number of micro-organisms in the case of:
1. raw, milk-treated (unpasteurised) milk products in 1 ml; or
2. products of heat treated (pasteurised) milk 4 500 000 in 1 ml.
Food undertakings supplying eggs and egg products
(1) For a food business which processes eggs, egg ingredients, mixtures of different egg components or liquid eggs in its retail activity, the animal and public health requirements laid down by the European Union Regulation laying down specific hygiene rules for food of animal origin (15) shall apply.
(2) The provisions of paragraph 1 shall not apply to the food business referred to in paragraph 1 which has egg products, egg ingredients, mixtures of different egg components or liquid eggs produced in its own establishment,
(a) uses for the manufacture of foodstuffs intended for direct delivery to the final consumer;
(b) processing into foodstuffs which also contain products of plant origin (16) and which are subjected, before consumption, to a heat or other treatment which ensures that pathogenic micro-organisms are destroyed.
Food undertakings supplying fishery products
(1) Where a food business supplies fishery products to another retail establishment in the course of its retail activity, it is a marginal and limited activity if:
(a) is a food business in which a maximum of 100 kg of fishery products are processed per week;
(b) the quantity of fishery products delivered per week does not exceed 35% by that undertaking of processed fishery products;
(c) other retail establishments such fishery products
1. supplies directly to the final consumer; or
2. It also provides for the explicit wish of the final consumer.
(2) A food undertaking to which fishery products treated in another food business are supplied in the course of its retail activity may only put such fishery products into circulation under the conditions laid down in paragraph 1.
The requirements set out in Chapters VII and VIII of Section VIII of Annex III to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council shall apply to a food business that regulates fishery products and supplies such fishery products to another retail establishment or directly to the final consumer in its retail activity.
Food establishments supplying wild game meat and wild game meat products
(1) Where a food business supplies, in its retail activity, meat of wild game or wild game meat products which comply with the requirements and criteria laid down by the European Union Regulation laying down specific hygiene rules for food origin15), to another retail establishment, it is a marginal and limited activity if:
(a) it is a food business in which:
1. cutting down not more than 90 tonnes of boneless meat from wild game or the corresponding quantity of boneless meat from wild game,
2. cuts not more than 30 tonnes of meat, if small wild game meat,
3. produce not more than 30 tonnes of wild game meat products,
(b) the quantity of meat delivered and wild game meat products does not exceed:
1.33% of the weekly volume of boneless boneless wild game meat produced by that undertaking or the corresponding quantity of boneless large wild game meat,
2.33% of the weekly volume of wild game meat produced by that undertaking, if it is small wild game meat,
3.33% of the weekly volume by the undertaking of products produced from wild game meat,
(c) other retail establishments such meat and meat products of wild game
1. supplies directly to the final consumer; or
2. It shall continue to work only on the express wish of the final consumer.
(2) Food undertakings to which wild game meat or wild game meat products processed in another food business in its retail activity are supplied may only put those products into circulation under the conditions laid down in paragraph 1.
For a food business which operates a retail activity under the conditions laid down in Section 14a, in addition to the animal and public health requirements laid down in the European Union Regulation on food hygiene (14), the animal and public health requirements laid down in Annex III to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council shall apply.
(a) in Section I, Chapter V, paragraphs 2 and 3, in Chapter VII, paragraphs 1, 2, 4 and 5, as regards large wild game;
(b) in Chapter III of Section II and in paragraphs 1 and 3 to 6 of Chapter V as regards small wild game,
(c) in Section IV, Chapter II, paragraphs 4 to 6 as regards large wild game;
(d) in Section IV, Chapter III, paragraphs 4 and 5, as regards small wild game;
(e) in Section V of Chapters I, II and III, as regards the hygiene requirements for minced meat and meat preparations before and after their manufacture, and in particular their temperature requirements;
(f) in Section VI, as regards raw materials used for the preparation of wild game meat products.
Efficacy
This Decree shall take effect on the 15th day following its publication.
Minister:
Mgr. Gandalovich v. r.
1) Regulation (EC) 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, as amended. 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.
2) Article 2 of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council.
3) Article 1 (5) of Regulation (EC) No 853 / 2004 of the European Parliament and of the Council.
4) Article 1 (2) (c) of Regulation (EC) No 852 / 2004 of the European Parliament and of the Council. Article 1 (3) (c) to (e) of Regulation (EC) No 853 / 2004 of the European Parliament and of the Council.
5) Article 13 (3) of Regulation (EC) No 852 / 2004 of the European Parliament and of the Council. Article 10 (3) of Regulation (EC) No 853 / 2004 of the European Parliament and of the Council. Article 17 (3) of Regulation (EC) No 854 / 2004 of the European Parliament and of the Council.
6) Article 3 (9) of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council.
7) Article 2 (1) (a) of Regulation (EC) No 852 / 2004 of the European Parliament and of the Council.
8) Article 13 (4) (b) of Regulation (EC) No 852 / 2004 of the European Parliament and of the Council. Article 10 (4) (b) of Regulation (EC) No 853 / 2004 of the European Parliament and of the Council.
9) Annex II to Regulation (EC) No 852 / 2004 of the European Parliament and of the Council. Annex III to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council.
10) Paragraph 37 (2) of Act No. 500 / 2004 Coll., Administrative Regulation.
11) Article 5 and 7 of Regulation (EC) No 852 / 2004 of the European Parliament and of the Council.
12) Article 3 (7) of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council.
13) Article 1 (5) (b) (ii) of Regulation (EC) No 853 / 2004 of the European Parliament and of the Council.
14) Regulation (EC) No 852 / 2004 of the European Parliament and of the Council, and in particular Annex II thereto.
15) Regulation (EC) No 853 / 2004 of the European Parliament and of the Council.
16) Article 1 (2) of Regulation (EC) No 853 / 2004 of the European Parliament and of the Council.
17) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended.
18) Act No. 359 / 1999 Coll., on Social Protection of Children, as amended.
19) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
20) Act No. 247 / 2014 Coll., on the provision of childcare services in the child group and on the amendment of related laws.
21) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended.
22) Act No. 372 / 2011 Coll., on Health Services and Conditions of Provision, as amended.
23) Act No. 164 / 2001 Coll., on natural medical resources, sources of natural mineral waters, natural spa and spa places and on the amendment of certain related laws, as amended.
24) Act No. 108 / 2006 Coll., on Social Services, as amended.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 128 / 2009 Coll., on the adaptation of animal and public health requirements to certain food businesses in which animal products are treated |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.05.2009 |
|---|---|
| Effective from | 30.05.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0