Act No. 139 / 2014 Coll.
Act amending Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended, and Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act), as amended
Valid
Effective from 01.01.2015
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139
THE LAW
of 18 June 2014
amending Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related acts, as amended, and Act No. 166 / 1999 Coll., on Veterinary Care and amending certain related acts (Veterinary Act), as amended
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. 375 / 2011 Coll., Act No. 296 / 2007 Coll., Act No. 120 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 375 / 2011 Coll., Act No. 279 / 2013 Coll., is amended as follows:
1. Paragraph 1, including the title and footnotes No 18 to 20, reads:
Subject matter
(1) This law implements the relevant European Union18) and regulates the obligations of the food business operator and the entrepreneur who manufactures or puts tobacco products into circulation following the directly applicable European Union19) and provides for state supervision of compliance with the obligations arising from this law and directly applicable European Union regulations.
(2) This law does not apply to drinking water20).
18) Commission Directive 96 / 3 / EC of 26 January 1996 derogating from certain provisions of Directive 93 / 43 / EEC on the hygiene of foodstuffs as regards the transport of unpacked liquid oils and fats by sea. Commission Directive 1999 / 21 / EC of 25 March 1999 on dietary foods for special medical purposes. 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. Council Directive 2001 / 112 / EC of 20 December 2001 concerning fruit juices and certain similar products intended for human consumption. 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. Commission Directive 2006 / 141 / EC of 22 December 2006 on infant formulae and follow-on formulae and amending Directive 1999 / 21 / EC. 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. Directive 2009 / 39 / EC of the European Parliament and of the Council of 6 May 2009 on foodstuffs intended for particular nutritional uses. Directive 2009 / 54 / EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and sale of natural mineral waters. Directive 2011 / 91 / EU of the European Parliament and of the Council of 13 December 2011 on indications or marks identifying the lot to which the food belongs.
19) 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 other case of radiological emergency, as amended by Council Regulation (Euratom) No 2218 / 89. Council Regulation (EEC) No 2136 / 89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade names for preserved sardines and sardines-type products. 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 1601 / 91 of 10 June 1991 laying down general rules for the definition, labelling and presentation of aromatised wines, aromatised, wine-based drinks and aromatised wine-based cocktails, as amended. COMMISSION REGULATION (EEC) No 2568 / 91 of 11 July 1991 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis, as amended. COUNCIL REGULATION (EEC) No 1536 / 92 of 9 June 1992 laying down common marketing standards for preserved tuna and tuna. Council Regulation (EEC) No 2913 / 92 of 12 October 1992 establishing the Community Customs Code, as amended. Council Regulation (EEC) No 315 / 93 of 8 February 1993 laying down Community procedures for contaminants in foodstuffs, as amended. Council Regulation (EC) No 2406 / 96 of 26 November 1996 laying down common marketing standards for certain fishery products, as amended. 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. 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 the application of Regulation (EC) No 1760 / 2000 of the European Parliament and of the Council as regards the labelling of beef and beef products, as amended. 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 1829 / 2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food, as amended. 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, 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. 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. 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, as amended. Commission Decision 2005 / 1 / EC of 27 December 2004 approving methods for grading pig carcases in the Czech Republic, as amended by Decision 2010 / 793 / EU, as amended. 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 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. Commission Regulation (EC) No 2073 / 2005 of 15 November 2005 on microbiological criteria for foodstuffs, as amended. 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 on Trichinella in meat, 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 Regulation (EC) No 1898 / 2006 of 14 December 2006 laying down detailed rules for the application of Council Regulation (EC) No 510 / 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, as amended by Regulation (EC) No 628 / 2008. Commission Regulation (EC) No 1881 / 2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs, as amended. Commission Regulation (EC) No 1882 / 2006 of 19 December 2006 laying down methods of sampling and analysis for the official control of nitrate levels in certain foodstuffs. Regulation (EC) No 1924 / 2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods, as amended. 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 foods, as amended. Commission Regulation (EC) No 445 / 2007 of 23 April 2007 laying down certain detailed rules for the application of Council Regulation (EC) No 2991 / 94 laying down standards for spreadable fats and Council Regulation (EEC) No 1898 / 87 on the protection of designations used in the marketing of milk and milk products. Commission Regulation (EC) No 1216 / 2007 of 18 October 2007 laying down detailed rules for the application of Council Regulation (EC) No 509 / 2006 on agricultural products and foodstuffs as traditional specialities guaranteed. Commission Decision 2008 / 47 / EC of 20 December 2007 approving pre-export checks carried out by the United States of America on peanuts and products derived therefrom with regard to the presence of aflatoxins. Regulation (EC) No 110 / 2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576 / 89, as amended. Commission Regulation (EC) No 282 / 2008 of 27 March 2008 on recycled plastic materials and articles intended to come into contact with food and amending Regulation (EC) No 2023 / 2006. Regulation (EC) No 450 / 2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code. Commission Regulation (EC) No 543 / 2008 of 16 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 as regards marketing standards for poultrymeat, as amended. Commission Regulation (EC) No 566 / 2008 of 18 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 as regards the marketing of meat of bovine animals aged 12 months or less. Commission Regulation (EC) No 589 / 2008 of 23 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 as regards marketing standards for eggs, as amended. Council Regulation (EC) No 733 / 2008 of 15 July 2008 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 760 / 2008 of 31 July 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 as regards the authorisation to use casein and caseinates in the manufacture of cheese, as amended. Commission Regulation (EC) No 1249 / 2008 of 10 December 2008 laying down detailed rules for the implementation of the Community scales for the classification of bovine, porcine and ovine carcases and for the reporting of prices thereof. Regulation (EC) No 1331 / 2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings. Regulation (EC) No 1332 / 2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83 / 417 / EEC, Council Regulation (EC) No 1493 / 1999, Directive 2000 / 13 / EC, Council Directive 2001 / 112 / EC and Regulation (EC) No 258 / 97. Regulation (EC) No 1333 / 2008 of the European Parliament and of the Council of 16 December 2008 on food additives, as amended. Regulation (EC) No 1334 / 2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in or on foods and amending Council Regulation (EEC) No 1601 / 91, Regulations (EC) No 2232 / 96 and (EC) No 110 / 2008 and Directive 2000 / 13 / EC, as amended. Commission Regulation (EC) No 41 / 2009 of 20 January 2009 on the composition and labelling of foodstuffs suitable for people intolerant to gluten. Regulation (EC) No 470 / 2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377 / 90 and amending Directive 2001 / 82 / EC of the European Parliament and of the Council and Regulation (EC) No 726 / 2004 of the European Parliament and of the Council. Commission Regulation (EC) No 450 / 2009 of 29 May 2009 on active and intelligent materials and articles intended to come into contact with food. Commission Regulation (EC) No 669 / 2009 of 24 July 2009 implementing Regulation (EC) No 882 / 2004 of the European Parliament and of the Council as regards increased official controls on imports of certain feed and food of non-animal origin and amending Decision 2006 / 504 / EC, as amended. Commission Regulation (EC) No 1135 / 2009 of 25 November 2009 laying down special conditions governing imports of certain products originating in or consigned from China and repealing Commission Decision 2008 / 798 / EC. Commission Regulation (EC) No 1152 / 2009 of 27 November 2009 laying down special conditions governing imports of certain foodstuffs from certain third countries due to the risk of aflatoxin contamination and repealing Decision 2006 / 504 / EC, as amended. Commission Regulation (EC) No 1151 / 2009 of 27 November 2009 laying down special conditions governing imports of sunflower oil originating in or consigned from Ukraine due to the risk of contamination with mineral oil and repealing Decision 2008 / 433 / EC. Commission Regulation (EC) No 1162 / 2009 of 30 November 2009 laying down transitional measures for the implementation of Regulations (EC) No 853 / 2004, (EC) No 854 / 2004 and (EC) No 882 / 2004 of the European Parliament and of the Council. Commission Regulation (EU) No 115 / 2010 of 9 February 2010 laying down the conditions for the use of activated alumina to remove fluorides from natural mineral waters and spring waters. Commission Regulation (EU) No 258 / 2010 of 25 March 2010 imposing special conditions governing imports of guar gum originating in or consigned from India due to contamination risks with pentachlorophenol and dioxins and repealing Decision 2008 / 352 / EC, as amended. Commission Decision 2010 / 791 / EU of 20 December 2010 establishing the list of products referred to in the second subparagraph of point III (1) of Annex XII to Council Regulation (EC) No 1234 / 2007. Commission Implementing Regulation (EU) No 543 / 2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors. Commission Implementing Regulation (EU) No 844 / 2011 of 23 August 2011 approving pre-export checks carried out by Canada on wheat and wheat flour as regards the presence of ochratoxin A. Commission Regulation (EU) No 931 / 2011 of 19 September 2011 on traceability requirements provided for in Regulation (EC) No 178 / 2002 of the European Parliament and of the Council for food of animal origin. Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924 / 2006 and (EC) No 1925 / 2006 of the European Parliament and of the Council and repealing Commission Directive 87 / 250 / EEC, Council Directive 90 / 496 / EEC, Commission Directive 1999 / 10 / EC, Directive 2000 / 13 / EC of the European Parliament and of the Council, Commission Directives 2002 / 67 / EC and 2008 / 5 / EC and Commission Regulation (EC) No 608 / 2004. Commission Implementing Regulation (EU) No 1333 / 2011 of 19 December 2011 laying down marketing standards for bananas, rules on compliance with those marketing standards and notification requirements in the banana sector. Commission Implementing Decision 2011 / 884 / EU of 22 December 2011 on emergency measures concerning unauthorised genetically modified rice in rice products originating in China and repealing Decision 2008 / 289 / EC. Commission Implementing Regulation (EU) No 29 / 2012 of 13 January 2012 on marketing standards for olive oil. Commission Regulation (EU) No 252 / 2012 of 21 March 2012 laying down methods of sampling and analysis for the official control of the levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain foodstuffs and repealing Regulation (EC) No 1883 / 2006. Commission Implementing Regulation (EU) No 996 / 2012 of 26 October 2012 laying down special conditions governing the import of feed and food originating in or consigned from Japan following an accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 284 / 2012. Regulation (EU) No 1151 / 2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs. Commission Implementing Regulation (EU) No 208 / 2013 of 11 March 2013 on traceability requirements for sprouts and seeds intended for the production of sprouts. Regulation (EU) No 1379 / 2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products and amending Council Regulations (EC) No 1184 / 2006 and (EC) No 1224 / 2009 and repealing Council Regulation (EC) No 104 / 2000. Commission Implementing Regulation (EU) No 1337 / 2013 of 13 December 2013 laying down detailed rules for the application of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council as regards the indication of the country of origin or place of provenance in fresh, chilled and frozen pigmeat, sheep, goats and poultry meat. Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922 / 72, (EEC) No 234 / 79, (EC) No 1037 / 2001 and (EC) No 1234 / 2007.
20) Paragraph 3 (1) of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. '
footnotes 1 to 1e are deleted, including the footnotes.
2. Paragraph 2, including the title and footnotes No 21 and 22, reads as follows:
Basic concepts
For the purposes of this Act:
(a) a control sample, a sample consisting of all incremental samples, containing a sample or samples intended for official control, or, where appropriate, a sample intended for additional 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 packaged 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 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 for the cleaning, sorting, treatment, working and processing, including packaging and further treatment of foodstuffs for placing on the market;
(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) putting into circulation tobacco products for sale, sale or other form of sale for consumption, storage, transport for sale or import for sale from the date of release for free circulation of tobacco products;
(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) tobacco products manufactured from tobacco, including genetically modified tobacco, intended for smoking, snorting, sucking or chewing,
(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 foodstuffs the main raw material of which is the bodies or parts of bodies of animals, milk, colostrum, eggs or bee products.
21) Article 2 (2) (n) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.
22) For example, Act No. 321 / 2004 Coll., on Vinohradship and Vinosure and on the amendment of certain related laws (Vinohradship and Wine Act), as amended. "
footnotes 2 to 2c are deleted, including the footnotes.
3. in Article 3 (1), at the end of the text in points (a) and (b), the words "if these requirements are not laid down by law, comply with the requirements laid down by the food business operator who produced the food."
4. in § 3 (1) (b), § 3c (1) and (3), § 4 (8), § 11 (1) of the introductory part of the provision, § 11 (2) (c), § 11 (7), § 11 (8), § 11 (9), § 11a (1), § 16 (1) (c) (1) and in § 18 (1) (h) (2), the words "to circulation" shall be replaced by the words "to the market."
5. in Articles 3 (1) (b) and 18 (1) (h) (1) and (2), the word "storage" shall be replaced by "storage."
6. in Article 3 (1) (c):
"(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 by which the Czech Republic is bound and which are declared in the Collection of International Treaties or in the Collection of Laws,";
7. in Article 3 (1) (d), the words "contaminants, pesticide residues, toxicologically relevant substances and substances resulting from micro-organism activities in foodstuffs and raw materials' are replaced by the words" toxicologically relevant substances in foodstuffs';
8. in Paragraph 3 (1) (e), including footnote 23:
"(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),
23) Article 15 of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council. '
9. in Article 3 (1) (f), the words "the purity and identity of substances referred to in Article 2 (i) to (l), vitamins, minerals and other substances having nutritional or physiological effect" shall be replaced by the words "the composition, labelling and use of food supplements."
10. in Article 3 (1) (g):
"(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;"
11. in Article 3 (1) (h), the words "the European Communities governing imports of certain foodstuffs from third countries (3a)" shall be replaced by the words "the European Union governing imports of certain foodstuffs from third countries (24)";
Footnote 24 reads:
"(24) For example Commission Regulation (EC) No 1151 / 2009, Commission Regulation (EC) No 1152 / 2009, Commission Regulation (EU) No 258 / 2010, Commission Regulation (EC) No 1135 / 2009, Commission Regulation (EU) No 206 / 2010."
footnote 3a is deleted.
12. in Article 3 (1) (i) and 4 (a) (6), the words "in a way which allows the remote transmission of data" shall be replaced by "in electronic form, by remote transmission of data."
13. in Article 3 (1) (i), the words "place of business" shall be replaced by the words "seat."
14. in Article 3 (1), the words "these data shall be reported to the public health authorities, which shall immediately transmit them to the other supervisory authorities referred to in Article 16 when providing food services (25)."
footnote 25:
"25) § 23 (1) of Act No. 258 / 2000 Coll., as amended."
15. in Article 3, at the end of paragraph 1, the dot is replaced by a comma and the following point (j) is added:
"(j) ensure compliance with the requirements for maximum permitted levels of radioactive contamination of foodstuffs established in accordance with the atomic law."
16. in § 3 (2) of the introductory part of the provision, § 3 (4) of the introductory part of the provision, § 4 (2) (b), § 4 (7) (a), § 4 (8), § 11 (1) (a), § 15 (11) (a) and Article 15 (11) (d), the words "or raw materials" shall be deleted;
17. in Article 3 (2), point (b) is deleted;
Point (c) shall be renumbered (b).
footnotes 3b and 3c are deleted, including the footnote reference.
18. in Article 3 (2) (b), the words "except for meals" shall be inserted after the words "food."
footnote 26 reads as follows:
"26) § 23 (2) of Act No. 258 / 2000 Coll., as amended."
19. in Article 3 (4) (a), the words "the European Communities, to present a certificate to the customs office" shall be replaced by the words "the European Union governing imports of certain foodstuffs from third countries";
20. in Articles 3 (4) (a), 3 (5) (d) and (e) and 15 (11) (e), the words "or raw material" shall be deleted;
21. In § 3 (4) (a), § 3 (5) (d), § 3 (5) (e), § 4 (6), § 4 (7) (b), § 4 (8), § 11a (1) of the introductory part of the provision, § 15 (4), § 15 (9), § 15 (11) (d), § 16 (9) and in § 18 (2), the words "European Communities" are replaced by the words "European Union."
22. in Paragraph 3 (4) (b):
"(b) where the European Union Regulation directly applicable so provides, to import foodstuffs through designated points of entry or designated points of import provided for in the implementing legislation,";
23. in Article 3 (4) (c), the words "the European Communities governing the import conditions of foodstuffs or raw materials originating in third countries (3d)" shall be replaced by the words "the European Union governing the import conditions of foodstuffs originating in third countries (24)."
footnote 3d is deleted.
24. in § 3 (5) of the introductory part of the provision, § 3 (7), § 4 (2) (b), § 4 (7) of the introductory part of the provision, § 4 (8), § 11 (1) (b), § 15 (3), § 15 (11) of the introductory part of the provision, Article 15 (11) (e) and Article 16 (12) (a), the words "or raw materials" shall be deleted.
25. in Article 3 (5), point (a) is deleted;
Points (b) to (e) shall be renumbered as points (a) to (d).
26. in Article 3 (5), point (b) is deleted;
Points (c) and (d) shall be renumbered (b) and (c).
footnote 3e is deleted, including the footnote reference.
27. in Article 3 (5) (a), "(a)" is replaced by "Article 12 of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council."
28. in Article 3 (6) and (7), the words "or raw materials" shall be deleted;
29. in Article 3 (8), the words "put into circulation for sale to the consumer" shall be replaced by the words "on the market."
30. In Paragraph 3 (10), the words "a practitioner with whom a person is registered for medical treatment 'are replaced by the words" a registered health service provider in the field of general medical practice'.
31. Sections 3a and 3b are deleted, including the title and footnote 21.
32. in Article 3c (1), the words "and in a copy to the Ministry" shall be deleted;
33. in Article 3c (3), the words "in circulation" shall be replaced by the words "on the market" and the words "to the Commission of the European Communities" shall be replaced by the words "the European Commission."
34. § 3d, including the title:
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 required to notify the Ministry of Agriculture (hereinafter referred to as "the Ministry '), either in paper form or in electronic form, by means of remote transmission of the data, of the introduction of such a food by sending the Czech text to the labelling, including mandatory information on foodstuffs, which will appear on the packaging or label of the food.
(2) Food business operator producing or placing on the market
(a) food for infant formulae; or
(b) dietary food for special medical purposes,
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, accepts foodstuffs as defined by an implementing act from another Member State of the European Union or from a third country, shall inform the supervisory authority responsible under Article 16 (1) (b) and (c) of their arrival. When providing catering services, the food business operator shall, in accordance with the first sentence, inform the supervisory authority in accordance with Article 16 (1) (c); in the case of unprocessed bodies or parts of bodies of animals, milk, colostrum, eggs or bee products, only the supervisory authority referred to in Article 16 (1) (b) shall be required to inform. The implementing act on the basis of the risk analysis provided for in Article 3 of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council shall, to the extent necessary for the organisation of official controls, determine the type of food, the date, the extent and the method of information.
(4) The food business operator who collects food for resale to the final consumer, whose sales from the sale of food during the last completed financial year in the Czech Republic exceed CZK 5 billion, is obliged to make available visibly and legibly at the time of entry into the final consumer store and to notify the Ministry of the list of five countries containing a percentage of the share of all the food that it takes from these countries and which it places on the market in the Czech Republic, which will always be listed on 1 January for the period of the last 12 months in descending order of the country with the highest share in its sales of such food. The implementing act shall lay down the arrangements for the provision of such data. ';
footnote 3f is deleted, including the footnote references.
35. in § 4 (1), § 4 (2) of the introductory part of the provision, § 4 (3), § 16 (1) (c) (4), § 16 (9), § 16 (10) and Article 18 (1) (p), the words "and raw materials" are deleted.
36. in Articles 4 (4), 11 (1) (e) and 18 (1) (m) (5), the words "health" shall be replaced by "safety."
37. in Paragraph 4 (6), the words "Commission of the European Communities" are replaced by the words "European Commission."
38. in Article 4 (7) (b), the words "Commission of the European Communities" are replaced by the words "European Union."
39. Paragraph 4a (1) to (3), including footnote 27, states:
"(1) The food business operator operating a slaughterhouse (hereinafter referred to as the" slaughterhouse operator ') which slaughters slaughter animals shall ensure the classification of slaughter animals in accordance with the directly applicable European Union provisions governing the classification of slaughter animals (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.
27) Council Regulation (EC) No 1234 / 2007. Commission Regulation (EEC) No 1249 / 2008. '
footnote 4 is deleted.
40. in Article 4a (4), the words "the European Communities concerning the classification of animals for slaughter (4)" shall be replaced by the words "the European Union relating to the classification of animals for slaughter (27)";
41. in Paragraph 4a (5), the words "medical fitness," shall be deleted and the words "validity" shall be inserted after the words "extension."
(42) Paragraph 5, including the title and footnote 6, shall be deleted.
43. Paragraph 6 to 9, including footnote 28 to 31, read:
(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) other particulars, where provided for by implementing legislation or veterinary law.
(2) The symbol "e" for the indication of the quantity of food may only be indicated on the packaging if the requirements laid down by the Metrologii28 law have been met.
(3) The method of labelling packaged foodstuffs is laid down in implementing legislation.
(1) An operator of a food business under whose name or business firm a food packed without consumer presence for the purposes of immediate sale under the directly applicable European Union food labelling regulation (29) is placed on the market or, if not established in the European Union, an importer of a food on the market of the European Union, is required, under the conditions laid down for packaged food, to ensure the placing and accuracy of the following information on the packaging of food intended for consumers or for food service facilities:
(a) the name and surname or name or business name and address of the food business operator who produced the food;
(b) the name of the food;
(c) net quantity,
(d) a list of ingredients;
(e) country or place of origin;
(f) the method of preservation, if it is a food for which the safety or deterioration of the quality laid down in the implementing legislation or declared by the manufacturer could be compromised in the event of incorrect preservation;
(g) date of application or date of minimum durability,
(h) the data referred to in Article 10 (1) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council;
(i) the data referred to in Article 44 (1) (a) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council;
(j) an indication of the quantity of the main component by weight, if the implementing legislation so provides.
(2) The food business operator referred to in paragraph 1 shall be obliged to ensure the presentation and accuracy of food service facilities on packaging intended for consumers or for food service facilities.
(a) the quality class particulars, where provided for in the implementing legislation or directly applicable European Union legislation;
(b) other data, where provided for in the implementing legislation or directly applicable European Union31).
(3) The method of labelling foodstuffs packed without consumer presence for direct sale shall be laid down in the implementing legislation.
(1) An operator of a food business that places unpackaged food on the market shall, where the food is directly offered for sale to the consumer, clearly place, in close proximity to it, an easily legible indication containing the name or trade name and address of the head office of the food business operator who produced the food, an indication of the quantity of the main ingredient by weight of the percentage, if the implementing legislation so provides, of the quality class, if the implementing legislation or the directly applicable European Union legislation so provides, and under the conditions laid down for packaged food directly applicable European Union food labelling regulation (30):
(a) the name of the food;
(b) the country or place of origin;
(c) the data referred to in Article 10 (1) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.
(2) The food business operator referred to in paragraph 1 shall make available, visibly, in the vicinity of the place where the unpackaged food is offered for sale under the conditions laid down for packaged food directly applicable to the European Union food labelling regulation (29), other easily legible information:
(a) date of application or date of minimum durability;
(b) the data referred to in Article 44 (1) (a) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council;
(c) further details, where provided for by implementing legislation or directly applicable European Union31).
(3) The food business operator referred to in paragraph 1 may only indicate the particulars referred to in paragraph 2 (a) on the label or packaging of the food packed at the point of sale at the consumer's request.
(4) The food business operator referred to in paragraph 1 shall, on request, communicate to the consumer, or in any other form, visibly and easily accessible the data referred to in Article 9 (1) (b) and Article 22 of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.
(5) The method of labelling unpackaged foodstuffs is laid down in implementing legislation.
(1) The food business operator producing, processing or packaging the food or being the first seller established in the European Union shall place the food on the market with an indication attached enabling the identification of the lot to which the food belongs.
(2) In the case of packaged food under the directly applicable European Union food labelling regulation (30), the food business operator referred to in paragraph 1 shall, when placing on the market, indicate the batch designation on the packaging of the food or on the label attached thereto.
(3) In the absence of a packaged food referred to in paragraph 2, the food business operator referred to in paragraph 1 shall, when placing the food on the market, indicate the batch on the outer packaging in which the food is placed on the market, in particular the packaging by transport or group, or, if this is not possible, include it in the accompanying documentation, which shall be transmitted at the same time as the food or before it is delivered.
(4) The obligation to mark the food with the batch mark shall not apply to:
(a) foodstuffs which are after leaving agricultural primary production
1. sold or delivered to places of temporary storage, preparation or packaging;
2. transported to producer organisations; or
3. collected for immediate use in the operational preparation or processing system;
(b) foodstuffs which are not packed at the point of sale to the final consumer;
(c) foodstuffs packed at the point of sale at the consumer's request or packed for direct sale;
(d) packaging with a maximum surface area of less than 10 cm2;
(e) individual portions of ice cream and frozen cream for which the lot is marked on the package;
(f) foodstuffs marked with the date of minimum durability or the date of application, where that date is expressed as an uncoded indication of the date and month in that order.
(5) The method of labelling the lot shall be laid down in the implementing legislation.
28) Paragraph 9a (3) of Act No. 505 / 1990 Coll., on Metrology, as amended.
29) Article 44 of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.
30) Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.
31) For example Commission Regulation (EC) No 543 / 2008. '
footnotes 6b to 6e are deleted.
44. the following Section 9a is inserted after Section 9:
(1) An operator of a food business that places on the market foods when providing food services unpacked or when packed at the point of sale at the consumer's request or packed without the consumer's presence in the prepackaging for direct sale is required to make readily legible information on the name of the food referred to in Article 9 (1) (a) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council and on the presence of the substance referred to in Article 9 (1) (c) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council. The information on a particular substance referred to in Article 9 (1) (c) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council shall be communicated by the food business operator, as specified in the first sentence, on request by the consumer or by another form, or by other means visibly and easily accessible.
(2) The provisions of Sections 7 to 9 of this Act shall not apply to the foods placed on the market when providing the catering services referred to in paragraph 1. ';
45. In the heading above Section 10, the words "into circulation 'are replaced by the words" to the market'.
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Regulation Information
| Citation | Act No. 139 / 2014 Coll., amending Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related acts, as amended, and Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.07.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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