Act No. 146 / 2002 Coll.
Act on State Agricultural and Food Inspection and on the amendment of certain related laws
Valid
Law
Effective from 01.01.2003
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146
THE LAW
of 20 March 2002
on State Agricultural and Food Inspection and on the amendment of certain related laws
Parliament has decided on this law of the Czech Republic:
STATE AGRICULTURAL AND FOOD INSPECTIONS
(1) The purpose of the Act is to establish a State Agricultural and Food Inspection (hereinafter referred to as "Inspection"), which is an administrative authority subordinate to the Ministry of Agriculture (hereinafter referred to as "Ministry"), and to establish its competence for the exercise of state supervision.
(2) An inspection shall be set up comprising the Central Inspectorate and its subordinate inspectorates having territorial jurisdiction over these regions (hereinafter referred to as "the Inspectorate ') and the following headquarters:
a) Central Bohemian and Capital City of Prague based in Prague,
b) South Bohemian and Vysočina based in Tábor,
(c) Pilsen and Karlovy Vary, based in Pilsen,
(d) Ústí a Liberecký with its seat in Ústí nad Labem,
e) Králové Hradec and Pardubický, based in Hradec Králové,
(f) South Moravian and Zlín, based in Brno,
(g) Olomouc and Moravian-Silesian, based in Olomouc.
(3) The inspection is an organisational component of the State, (1) the accounting unit is (2)
(4) The head office of the inspection is Brno.
(5) The head of the inspection shall be the Central Director, who shall direct the Central Inspectorate and the Director of Inspectorate. The selection, appointment and removal of the Central Director and the Director of the Inspectorate shall be governed by the Civil Service Act.
(6) As an authority of the first instance, in administrative proceedings, the inspector responsible for his territorial competence shall decide on the appeal against the decision of the inspector.
(7) In an infringement procedure found in an inspection carried out by an inspector pursuant to Paragraph 4 (2), or consisting of failure to comply with an obligation imposed by a measure given in accordance with the procedure laid down in Paragraph 5 (3), the inspector, the inspector of whom has acted in accordance with Paragraph 4 (2), shall act as the body of the first instance or has imposed an unfulfilled obligation.
(8) The Inspectorate will not discuss, in joint proceedings, an offence which is under the jurisdiction of another Inspectorate under this Act, nor will it take into account such an offence when determining the type and scope of the administrative penalty.
For the purposes of this Act:
(a) an agricultural product of agricultural primary production, with the exception of animal products, 4) which is intended for human consumption or which can reasonably be expected to be consumed by a person;
(b) an on-the-spot assessment of the results of the on-the-spot check carried out in writing;
(c) monitoring systematic or selective monitoring of, in particular, toxicologically relevant substances in agricultural products, foodstuffs and tobacco products.
(1) Inspections by natural and legal persons ("controlled persons") control agricultural products, foodstuffs or tobacco products, in particular,
(a) whether those agricultural products, foodstuffs or tobacco products comply with the requirements laid down in specific legislation3), 6), declared by the international treaties by which the Czech Republic is bound, (hereinafter referred to as the "International Treaty") 7) or directly applicable European Union3a);
(b) whether, in the manufacture or marketing of agricultural products or foodstuffs, or in the manufacture or distribution of tobacco products or the marketing of such products, the conditions laid down in specific legislation3), international treaties (7) or directly applicable European Union3a) are complied with;
(c) whether controlled persons have complied with the obligations laid down in specific legislation3), the international treaties 7) or the directly applicable European Union3a),
(d) whether the consumer is not misled, 8)
(e) whether agricultural products or foodstuffs marketed or tobacco products distributed or marketed are safe, 9)
(f) that there is no infringement of the right of persons to whom protection of the registered designation of origin or geographical indication of agricultural products, foodstuffs or tobacco products10) or of the traditional speciality10a guaranteed).
(2) Inspection further in controlled persons
(a) checks that fresh fruit, fresh vegetables or table potatoes comply with the quality requirements laid down in specific legislation12) and the consistency and correctness of the particulars contained in the accompanying documents;
(b) adopt the measures referred to in Article 137 (2) and (3) or Article 138 (2) or (5) of Regulation (EU) 2017 / 62546 of the European Parliament and of the Council or, where appropriate, other measures referred to in Article 4c (1) or (2) or Article 5 (1), impose obligations and fix time limits for them to be fulfilled, including during checks;
(c) check compliance with the obligations imposed under (b);
(d) carry out checks at regular intervals or if the infringement is suspected, 3)
(e) monitor compliance with the requirements for personal and operational hygiene to the extent set by the directly applicable European Union Regulation on food hygiene 12a) and the directly applicable European Union Regulation on microbiological criteria for foodstuffs (41);
(f) checks compliance with the obligations for the marking of tobacco products under the excise duty law;
(g) checks compliance with alcohol labelling and alcohol handling obligations under the law governing compulsory alcohol labelling, if the infringement of those obligations is found to be in the exercise of its other powers;
(h) check compliance with the obligations for the labelling of spirit drinks under the food law;
(i) monitor compliance with the obligations laid down for the traceability of foodstuffs under the directly applicable European Union Regulation laying down the general principles and requirements of food law;
(j) carry out the tasks arising for her as a supervisory authority under the provisions directly applicable to the European Union, and be entitled to use the measures referred to therein to remedy the illegal situation;
(k) monitor compliance with the obligations laid down for advertising on foodstuffs and psychomodulatory substances to the extent laid down by the law regulating advertising;
(l) checks that the information on packages or labels intended for foodstuffs, agricultural products and tobacco products comply with the requirements laid down in specific legislation3) or directly applicable European Union3a);
(m) controls the handling of animal by-products to the extent provided for by the directly applicable European Union Regulation on animal by-products (42) within the limits of its competence under the legislation governing foodstuffs;
(n) where required by a directly applicable European Union Regulation, approve or suspend, within the limits of its scope under the law governing food, at the request of the food business operator, undertakings, establishments or other establishments producing food of non-animal origin, and withdraw or suspend approval, provided that the conditions laid down in the directly applicable European Union3a provisions are met; the application for approval must comply with the requirements laid down in Article 3 (1) (i) of the Food Law and must contain details of the nature and extent of the activity, in particular the volume of production and marketing of the food; This provision is without prejudice to the competence of the State Veterinary Administration under the Veterinary Act and Article 16 (4) of the Food Law,
o) checks that the selected plastic products comply with the requirements of the law governing the limitation of the environmental impact of the selected plastic products; and
(p) carry out checks in accordance with the Organic FarmingAct (53);
q) checks compliance with the obligations under the Health Protection Act against the harmful effects of addictive substances 3b);
(r) checks compliance with the obligations laid down for psychomodulatory substances and classified psychoactive substances under the Habitats Act 3c);
(s) checks the proper management of the due diligence system under another legislation56) within its scope.
(3) Inspections in the performance of tasks under this Act and under the Special Laws (3)
(a) impose fines under this law and under special laws, 3)
(b) carry out sample analyses or carry out sample analyses and sample preparation 30) for the preparation of a second expert opinion, in the case of:
1. Agricultural products or foodstuffs under control in laboratories in accordance with Regulation (EU) 2017 / 625 of the European Parliament and of the Council;
2. tobacco products subject to inspection in laboratories which meet the conditions for the operation of laboratories laid down by the technical standard governing the general requirements for the competence of testing and calibration laboratories (33);
3. samples taken from sites, articles or equipment used in the manufacture and placing on the market of foodstuffs controlled by laboratories in accordance with Regulation (EU) 2017 / 625 of the European Parliament and of the Council; in the case of samples for microbiological testing taken from sites, articles or equipment, samples may not be taken to draw up a second expert opinion; or
4. samples of substances the competent authority to control under the law on addictive substances and samples taken from sites, articles or equipment used in the management of psychomodulatory substances in laboratories which meet the conditions for the operation of laboratories laid down by the technical standard governing the general eligibility requirements of testing and calibration laboratories (33);
(c) issue on request a certificate to the manufacturer that the agricultural product manufactured by it, food (28), the inspection of which is responsible, or the tobacco product complies with the requirements laid down in specific legislation3) or directly applicable European Union3a), or, at the request of the person checked, that its activity, the inspection of which is responsible, meets the requirements laid down in specific legislation3) or directly applicable European Union3a); the issue of the certificate is subject to an administrative fee and the inspection when issuing the certificate is based on:
1. of its findings,
2. the check to be carried out on the applicant for the certificate;
3. the results of analyses carried out in a laboratory which satisfies the conditions for the operation of laboratories laid down by the technical standard governing the general requirements for the competence of testing and calibration laboratories (33), the inspection of which has been imposed on the applicant for the certificate following a certificate application; the inspection may identify the types of analysis appropriate to verify the facts to be covered by the certificate to the applicant for the certificate; or
4. the results of analyses carried out in a laboratory which meets the conditions for the operation of laboratories laid down by the technical standard governing the general eligibility requirements of the testing and calibration laboratories (33), submitted by the applicant for the certificate,
(d) issue, upon request, certificates for a natural or legal person for the registration of designations of origin, geographical indications and traditional specialities guaranteed in the registration10), 10a), for the amendment of the specification for the revocation of designations of origin, geographical indications and traditional specialities guaranteed or for the verification of compliance with the specifications in accordance with the directly applicable European Union regulation governing the protection of geographical indications and traditional speciality10a); the issue of the certificate is subject to an administrative fee;
(e) on request, issue a certificate to a natural or legal person stating that fresh fruit, fresh vegetables or table potatoes meet the requirements laid down in specific legislation3) or directly applicable European Union3a); the issue of the certificate is subject to an administrative fee;
(f) issue a binding opinion for the local customs office referred to in Article 7;
(g) keep records of food business operators 34);
(h) cooperate with the competent administrative authorities, local authorities, foreign institutions and the competent authorities of the European Union, the cooperation of which is necessary for the exercise of control or results from international agreements, and shall inform them without delay of serious facts which undermine or are liable to distort consumer protection;
(i) provide information on the results of its activities relevant to consumer protection;
(j) carry out monitoring;
(k) verify the methods of testing according to available scientific knowledge for the purposes of the checks carried out;
(l) provide training for its staff;
(m) where the issue of the certificate requires laboratory analysis and this analysis is carried out by the laboratory of inspection, the inspection shall decide that the applicant shall pay the costs of this analysis according to the rate of compensation for the analyses carried out by the laboratories of inspection for inspection purposes; where the issue of the certificate requires laboratory analysis and the conduct of such analysis is ensured by inspections, the inspection shall decide that the applicant will pay the costs of the analysis; where the issue of a certificate requires the inspection referred to in point (c) (2) to be carried out, the inspection shall decide that the applicant shall pay the costs of the inspection determined in accordance with the implementing legislation, which shall determine the amount of the flat-rate amount of the costs incurred in connection with the inspection; the reimbursement of the cost of analyses and checks shall be the income of the State budget and shall be collected by the inspectorate which imposed it;
(n) designate official laboratories in accordance with Article 5 (1) (d) and in accordance with Article 37 of Regulation (EU) 2017 / 625 of the European Parliament and of the Council and withdraw their designation pursuant to Article 39 (2) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council, organise audits of official laboratories pursuant to Article 39 (1) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council, propose to the Ministry of National Reference Laboratories and maintain a list of external designated official laboratories which they publish on their website;
(o) carry out free of charge analyses in its laboratories at the request of the State's organisational units;
(p) approve, after consultation with the administrative authorities concerned, the procedure and method of irradiation of foodstuffs by ionising radiation in accordance with special legislation (3) (hereinafter referred to as the "Decision approving the irradiation plant"),
(q) inform the Commission of the European Union of the approval of the irradiation facility, transmit the relevant documentation and inform the Commission of the European Union of any suspension or revocation of the decision approving the irradiation facility,
(r) inform the Commission of the European Union at least once a year of the results of the checks carried out on the operator of the irradiation plant and on irradiated foodstuffs placed on the market in relation to the doses of radiation used, compliance with the established food limits by species and irradiated quantities;
s) verify that the treatment of packaged spring water with ozone-enriched air complies with the requirements of the special legislation, 14a)
(t) carry out checks on the entry and import of food from third countries, authorised to use the procedures and measures referred to in Section III of Chapter V of Title II of Regulation (EU) 2017 / 625 of the European Parliament and of the Council;
(u) be entitled to require the customs authorities to provide the information necessary for the performance of their control activities;
(v) verify the variety, origin, sugar content and weight of grapes intended for the production of quality wines with the addition and issue proof thereof,
(w) to carry out sorting of wines under special legislation, 14d)
(x) decide on the method of processing grapes harvested on the vineyard planted in contravention of the provisions directly applicable to the European Union14e) or special legislation, 14d) or products made from such grapes;
(y) inform the excise authorities and the municipal trade office without delay if they find that:
1. the obligation to mark tobacco products has been infringed; or
2. the obligation to mark alcohol or to handle alcohol has been infringed;
(z) issue documents in accordance with the provisions directly applicable to the European Union, 14f)
(aa) carry out certification of wine according to the directly applicable European Union14g Regulation;
(bb) ensure adequate and regular training of persons carrying out conformity checks in accordance with the directly applicable European Union rules on checks on compliance with the business Norem14h),
(cc) carry out verification of compliance with the specifications in accordance with the provisions directly applicable in the European Union relating to the protection of geographical indications, designations of origin and traditional specialities guaranteed 10a) and under special legislation14d), 35) decide on the reimbursement of the costs of such verification;
(dd) does not provide information on the persons involved in the analysis referred to in (b) except for the person confirming the test report.
(4) Inspections in the performance of tasks under this Act and under special laws (3).
(a) does not provide information the publication of which would undermine the purpose of the checks;
(b) carry out other official activities as referred to in Article 2 (2) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council;
(c) be entitled to publish information on the rating of individual operators in accordance with the requirements laid down in Article 11 (3) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council; it shall publish the rating rules on its website;
(d) decide whether to replace or change the safety feature under the Food and Tobacco Production47)
(e) decide to deactivate the identification code under the Food and Tobacco ProductionAct 48),
(f) maintain a list of websites offering dangerous food or the content of which seriously infringes the requirements laid down by the legislation the inspection of which is responsible (hereinafter referred to as "the list of websites") and publish it on its website; and
(g) decide on the entry of websites in the list of websites and the deletion of websites from the list of websites.
(5) For the control samples taken, compensation shall be granted to the checked person at the price at which the controlled person sells the agricultural product, food, tobacco or psychomodulatory substance, or at which he has obtained it, if he has applied for the refund within a period of six months from the date on which he was aware of the fact that the agricultural product, food, tobacco or psychomodulatory substance met the requirements laid down in specific legislation3), directly applicable European Union3a) or international contracts (7). The refund shall be granted to the person checked within a maximum period of 30 days from the date on which he requested it.
(6) If the sample intended for official control taken at the time of the inspection purchase does not comply with the requirements laid down by specific legislation3), directly applicable European Union3a) or international treaties 7), the inspection will decide that the person checked will pay the costs of the inspection purchase. If the sample taken at the time of the inspection purchase meets the controlled requirements of the legislation, its nature makes it possible, is intact and is no longer necessary to carry out the check, the contract concluded during the control purchase may be withdrawn. The inspection shall decide that the checked person shall pay the costs of the control purchase at the level for which the sample was purchased at the control purchase, after the inspected person has taken over or been able to take over the control purchase. The reimbursement of the costs of the control purchase shall be the income of the State budget and shall be collected by the inspector who imposed it.
(7) If the analysis of the sample has revealed that agricultural products, foodstuffs, tobacco products or psychomodulatory substances or sites or equipment used in the manufacture or marketing of foodstuffs or in the handling of psychomodulatory substances do not comply with the requirements laid down in specific legislation3), directly applicable European Union3a) or international treaties (7), the inspection shall decide that the controlled person will pay the cost of the analysis. Where the analysis according to the first sentence has been carried out with the exception of psychomodulatory substances, the subject shall bear the cost of the analysis under the implementing legislation. The cost of analysis is the income of the state budget and is collected by the inspector who imposed it.
(8) The inspection shall carry out an additional check in accordance with Article 79 (2) (c) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council. The specific legislation shall determine the amount of the flat-rate amount of additional control costs. The inspections shall decide on the reimbursement of the costs of additional checks.
(9) The specific legislation shall determine the amount of the flat-rate amount of costs incurred in connection with the entry of food from third countries pursuant to Article 79 (2) (a) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council. The inspections shall decide on the reimbursement of such costs.
(10) The food business operator shall pay the costs incurred in connection with the importation of food from third countries, provided that the European Union 14m regulation is directly applicable. The specific legislation shall fix the amount of the flat-rate amount of costs incurred in connection with the importation of food from third countries and the implementing legislation shall fix the cost of laboratory analysis of control samples when carried out by the laboratory of inspection. The inspections shall decide on the reimbursement of such costs.
(11) The inspections also carry out surveillance and surveillance activities under the State Agricultural Intervention Fund14n Act.
(12) The inspection also carries out cross-compliance checks under the Act on Agriculture 14o) in accordance with the directly applicable European Union regulation governing the implementation of cross-compliance, modulation and integrated administrative and control system14p).
(13) The collection, preparation and testing of control samples for the purpose of establishing compliance of agricultural products with the legislation and compliance with the conditions of their manufacture and marketing with the legislation ensure inspections, mutatis mutandis, in accordance with the rules laid down by the Food and Tobacco Products Act for the collection, preparation and testing of control samples for the purpose of establishing compliance of foodstuffs with the legislation and compliance with the conditions of their manufacture and marketing with the legislation.
Where it is necessary for the purposes of the inspection or administrative procedure in which an infringement has been established, to carry out an official translation of the documents collected by the inspection received from the supervisory authority from another Member State, the inspection shall decide that the person checked will pay the costs of the official translation. The reimbursement of the costs of an official translation shall be the income of the State budget and shall be collected by the inspector who has imposed it.
The list of websites contains:
(a) the website address; and
(b) the date of entry of the website in the list of websites or, where applicable, the date of deletion of the entry of the website from that list.
(1) The Inspectorate shall decide on the entry of the website on the list of websites by an ex officio decision, which shall be taken as the first procedural act. The Central Inspectorate shall decide on the appeal against the decision of the Inspectorate.
(2) The Inspectorate shall decide on the deletion of the website from the list of websites from the list of websites on its own initiative, if the reasons for their inclusion in that list are omitted and if they are informed thereof. Paragraphs 1, 3 and 4 shall apply mutatis mutandis to the conduct of proceedings on the deletion of websites from the list of websites.
(3) The parties to the proceedings referred to in paragraph 1 shall be the operator or holder of the domain name of the websites covered by the registration procedure on the list of websites. If it is not possible to identify one of the parties to the proceedings, it shall be identified as the operator or holder of the domain name of the websites on which the registration procedure is being conducted and the address of the website in the proceedings. Paragraph 32 (2) (d) and (e) of the Administrative Code shall not apply.
(4) In the proceedings referred to in paragraph 1, the party to the proceedings shall be served by a public order and the party to the proceedings of known residence or registered office shall also be notified to that address.
(5) The inspection is required to enter the website on the list of websites or delete the website from the list of websites immediately after the decision on registration or deletion has become final.
(6) Even without a prior decision pursuant to paragraph 1, the inspection shall also enter another website on the list, if it is clear that its content is identical or almost identical to the website already registered.
The provider of Internet access services in the Czech Republic is obliged
(a) avoid access to the websites listed in the website within 15 days of the date of publication of the website in the website list;
(b) terminate the prevention of access to websites within 7 days of the deletion of the website from the list of websites.
(1) The staff of the inspection responsible for carrying out its inspection tasks, hereinafter referred to as "inspectors," shall also be entitled to:
(a) seal premises directly linked to the performance and subject-matter of the inspection for the period and to the extent necessary to carry out the inspection;
(b) require checked persons to remedy the deficiencies identified or to implement immediately the necessary measures to eliminate them;
(c) to carry out, on the basis of its own initiative or of the initiative of another State authority, on the basis of the initiative of the consumer or of another person who demonstrates a legal interest in the matter, a check of compliance with the prohibition on misleading consumers, 8)
(d) issue on-the-spot assessments;
(e) issue certificates pursuant to Article 3 (3) (e);
(f) to invite the owners of an intellectual property right to submit the documentation necessary to assess whether the prohibition of misleading consumers has been infringed; and
(g) to make use of the concealment of the real identity if this is necessary to carry out control tasks.
(2) Authorisations under this Law and the Rules of Control may be exercised by inspectors outside the territorial scope of the Inspectorate of which they are inspectors, provided that the inspection initiated by that Inspectorate so requires.
(3) Inspectors shall be shown in the course of their inspection by means of an inspection document, which at the same time attests to their delegation for inspection, or by written mandate for each inspection. The inspection document shall be issued by the Central Director. The Director of the Inspectorate shall issue written terms of reference for each inspection.
(4) A distance check may be initiated by an inspection purchase, prior to the submission of an inspection mandate to a person or to a obliged person, or by the notification of the initiation of an inspection to a person.
(5) In order to carry out control activities on land, construction or other premises directly related to the performance and subject to inspection under the control rules, inspectors shall be authorised to arrange for access to these premises, including the opening of closed premises. Everyone in whose premises such premises are located shall be obliged to be inspected in those premises; If they do not comply with this obligation, inspectors shall be entitled to negotiate access to them.
(6) The inspector may, for the purposes of the initiation of the inspection, request the information necessary to establish the identity of a natural or legal person who may be considered to be a controlled or compulsory person under the control rules. The authority referred to in the first sentence shall be exercised by the inspector against the person handling the information requested. The person referred to in the second sentence shall provide the inspector with the information without undue delay.
(7) The inspector is entitled, in the context of the performance of the inspection, including the conduct of the operations prior to the inspection, to make audio, visual and audio-visual recordings without the knowledge of the persons or persons to be checked, unless the purpose of the inspection can be achieved otherwise. This does not affect the right of natural persons to protect their private and personal lives.
(1) Where an inspector carries out the on-the-spot inspection or service of a document, the acts on behalf of the person checked shall also be carried out by a member of his statutory authority, an employee of the person checked or another natural person who carries out or provides the activities of the person checked in relation to the subject of the check.
(2) Sample testing for a second expert opinion under Section 16 (7) of the Food and Tobacco Products Act may only be carried out in laboratories designated by inspections pursuant to Article 37 of Regulation (EU) 2017 / 625 of the European Parliament and of the Council, to the extent of the tasks assigned by the designated inspections. Where it is not possible to test a sample for a second expert opinion within the scope of the designation referred to in the first sentence, it may be carried out in laboratories designated by inspections in accordance with Article 37 of Regulation (EU) 2017 / 625 of the European Parliament and of the Council and outside the scope of the tasks designated by inspections. Where it is not possible to test a sample for a second expert opinion in a laboratory designated by an inspection, it may be carried out in another appropriate laboratory which fulfils the conditions for operating the laboratories set out in Regulation (EU) 2017 / 625 of the European Parliament and of the Council. The need for sampling for a second expert opinion in a non-designated laboratory shall be demonstrated by the controlled person.
(1) The person to whom the measure is imposed is obliged to comply with it. The obligation imposed by the measures shall continue after the time limit laid down therein until the obligation imposed has been fulfilled or the consent provided for in Paragraph 5a (1) or (2) has been given.
(2) It is prohibited to break the seal placed in the course of an inspection under Article 4 (1) (a).
(3) An operator operating a postal service or other delivery service is required to forward to the inspector a consignment ordered by the inspector using the concealment of the real identity referred to in Article 4 (1) (g). The inspector shall demonstrate to that operator by means of an inspection card and a document showing his true identity.
(1) The inspector shall issue a measure requiring the provider of the information society service (49) to clearly show the warning to the consumer when accessing the online interface if the content of the website is contrary to the requirements of the legislation for which the inspection is responsible. This measure shall be issued as the first act in the proceedings.
(2) Where the website provides for the placing on the market of a dangerous food or where the content of the website significantly infringes the requirements laid down by the legislation for which the inspection is responsible and where it is not possible or expedient to obtain the removal of the illegal status through a controlled person, the inspector shall issue a measure requiring the providers of the information society service to suspend the operation of the website or part thereof. Consent to the renewal of the website or part thereof shall be issued by the inspector in accordance with the procedure laid down in Paragraph 5a (1).
(3) Paragraph 5 (4) and (5) shall apply mutatis mutandis to the appeal against the measures referred to in paragraphs 1 and 2 and to its execution. Paragraphs 5 (8) and 5a (4) shall apply mutatis mutandis.
(4) Measures referred to in paragraphs 1 and 2 may also be imposed by general measures in accordance with the procedure laid down in Article 5 (6). Paragraphs 5 (7) and (8) and 5a (5) shall apply mutatis mutandis.
(1) The inspector shall issue a measure which shall:
(a) prohibit:
1. the production or placing on the market of agricultural products or foodstuffs or their placing on the market of tobacco products or psychomodulators, their distribution or marketing, provided that such agricultural products, foodstuffs, tobacco products or psychomodulatory substances do not comply with the requirements laid down in specific legislationm3), directly applicable European Union3a) or international contract (7);
2. the use of packaging, apparatus and equipment which do not comply with the requirements laid down in specific legislationm3), 9) or directly applicable European Union3a),
3. the use of premises for the manufacture or placing on the market of agricultural products or foodstuffs (29) or for the manufacture of tobacco products or psychomodulatory substances, for the distribution or placing on the market of tobacco products, unless they fulfil the conditions which allow their safety to be maintained (6), (18), (36);
4. the use of premises for the manufacture or placing on the market of agricultural products or foodstuffs or for the manufacture of tobacco products or psychomodulatory substances, for the distribution or marketing of such premises, provided that the inspected person does not allow the inspector to enter land, buildings or other premises in accordance with his authorisation under the control rules;
5. the use of packaging or labels, where the information contained therein is contrary to the requirements laid down in specific legislationm3) or directly applicable European Union3a),
(b) order destruction on the cargo of controlled persons, unless otherwise provided by a special law
1. dangerous (36) agricultural products, foodstuffs or tobacco products,
2. grapevine products which cannot be marketed under the directly applicable European Union Regulation on the common organisation of the markets in agricultural products37),
3. Food coming from the service of an undertaking, plant or other establishment which, contrary to the directly applicable European Union Regulation, is not validly approved,
4. psychomodulatory substances or classified psychoactive substances which do not comply with the requirements of the REC or which are treated in contravention of the REC;
4. agricultural products or foodstuffs in the event of suspicion that they are not safe due to non-compliance with health requirements or maintenance temperature conditions; or
5. Food, if no proof of origin is available at the time of transport;
(c) order the removal of the deficiencies identified;
(d) ensure that:
1. marketed agricultural products or foodstuffs, or distributed or marketed tobacco products, marked or offered in a misleading manner (8), or not complying with the requirements laid down in specific legislationm3) or directly applicable European Union3a),
2. Agricultural products, foodstuffs, tobacco products, psychomodulatory substances or other goods, where provided for in specific legislation43),
(e) suspend:
1. the placing on the market of agricultural products or foodstuffs, or the distribution or marketing of tobacco products, if they are not considered to be safe (36);
2. entry into the premises of a food business where food is handled or handled by persons who come into direct contact with food, where it is suspected that the requirement for personal hygiene of persons handling food referred to in Chapter VIII of Annex II to the directly applicable European Union Regulation on food hygiene has been complied with, within the undertaking for which they work,
3. the functioning of the website or part thereof which it operates or uses if it does not comply with the requirements laid down in a specific legislation, directly applicable European Union regulation or international treaties; or
4. entry into the premises where psychomodulatory substances are handled or handling psychomodulatory substances to persons who come into direct contact with psychomodulatory substances, where it is suspected that there has been a non-compliance with the requirement under the law on addictive substances for good manufacturing practice concerning the personal hygiene of persons handling psychomodulatory substances, within the undertaking for which they work,
(f) establish the method of processing grapes harvested on the vineyard planted in contravention of the provisions directly applicable to the European Union14e or special legislation14d or products made from such grapes;
(g) impose an obligation to carry out analyses at the expense of the person checked in a laboratory which fulfils the conditions for the operation of laboratories laid down by a technical standard governing the general eligibility requirements of test and calibration laboratories (33) and using sampling and analysis methods within the meaning of the directly applicable European Union Regulation on official controls38) or special legislation35),
1. where hazardous (36) agricultural products, foodstuffs or tobacco products are identified, non-compliant swabs from places, equipment and articles or packaging and packaging materials in contact with foodstuffs, or where they are suspected of being dangerous agricultural products, foodstuffs, tobacco products,
2. where it is established that agricultural products, foodstuffs or tobacco products do not comply with the quality requirements laid down by special legislation19) or the directly applicable European Union14h) or the quality declared by the manufacturer; or
3. finding that information provided on agricultural products, foodstuffs or tobacco products shows consumers in error (8);
4. in the detection of psychomodulatory substances which do not comply with the requirements of the law on addictive substances,
(h) in the event of the detection of an infringement of 14q) committed by the person inspected in the territory of the European Union or in another State constituting the European Economic Area, such action shall prohibit or impose another obligation to remedy the infringement;
(i) when establishing non-compliance, impose an obligation to ensure compliance with the requirements laid down by specific legislationm3), directly applicable European Union3a) or international treaties (7);
j) impose an obligation under Section 7c of the Advertising Regulation Act;
(k) impose an obligation under the Consumer Protection Act 50),
(l) order:
1. withdrawal of agricultural products or foodstuffs from the market or tobacco products or psychomodulatory substances from the distribution or market if such agricultural products, foodstuffs, tobacco products or psychomodulatory substances do not comply with the requirements laid down in the specific legislationm3), directly applicable European Union3a) or international contract (7), or in the event that they are not safe; or
2. taking back from consumers of agricultural products, foodstuffs, tobacco products or psychomodulatory substances if such agricultural products, foodstuffs, tobacco products or psychomodulatory substances do not comply with the requirements laid down in specific legislationm3), directly applicable European Union3a) or international contract (7), and inform the consumer effectively and accurately of the reason for taking back;
(m) impose an obligation under Section 34 of the Act to limit the environmental impact of selected plastic products; or
n) impose an obligation under Paragraph 37 of the Law regulating packaging.
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Regulation Information
| Citation | Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.04.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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