Decree No. 161 / 2004 Coll.

Decree amending Decree No. 147 / 1998 Coll., on the method of determining critical points in production technology, as amended by Decree No. 196 / 2002 Coll.

Valid Order Effective from 01.05.2004
161
DECLARATION
of 30 March 2004
amending Decree No. 147 / 1998 Coll., on the method of determining critical points in production technology, as amended by Decree No. 196 / 2002 Coll.
According to Article 18 (e) of 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. and Act No. 274 / 2003 Coll., (hereinafter "the Act '):
Čl. I
Decree No. 147 / 1998 Coll., on the method of determining critical points in production technology, as amended by Decree No. 196 / 2002 Coll., is amended as follows:
1. in Article 1 (a), the words "or the process of putting food into circulation" shall be inserted after the words "production process."
footnote 1 is replaced by the following:
"1) Article 2 of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended by Act No. 306 / 2000 Coll. '.
2. in Paragraph 1 (k), including footnote 2, the following shall be added:
"(k) the proper hygiene practice of complying with all the legally modified hygiene requirements and obligations in the process of producing and putting into circulation food and applying hygiene rules consistent with generally recognised scientific knowledge for the purpose of achieving and preserving non-toxic food. The Ministry of Agriculture publishes the rules of good hygiene practice in the Bulletin of the Ministry of Agriculture of the Czech Republic and in the Czech Technical Standard, 2)
2) Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 205 / 2002 Coll., Act No. 226 / 2003 Coll. and Act No. 277 / 2003 Coll. '
3. Paragraph 2 (1), including footnote 3, reads:
"(1) The critical points system is adjusted
(a) in the case of food production for each production process separately by type of food, taking into account the manner and extent of food production in the food business concerned, 3)
(b) in the case of the putting into circulation of foodstuffs for each process of putting into circulation separately by group of foodstuffs of the same nature, taking into account the manner and conditions in which they are put into circulation by the food business concerned.
Within the critical points system, the food business operator may apply rules of good hygiene practice.
3) Article 3 (3) of 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. "
4. In Article 2 (2), the words "or putting into circulation 'shall be inserted after the words" or putting into circulation'; the words "or putting into circulation 'shall be inserted after the words" production process'; the words "or putting into circulation 'shall be inserted.
5. In Article 2 (3), the words "or when put into circulation 'are inserted after the words" the production process' and the words "or putting into circulation 'are inserted after the words" the production range'.
6. In Paragraph 2 (5), the word "producer 'is replaced by" food business operator'.
7. In Article 2 (6) (b), the words "or the preservation of the safety of foodstuffs when they are put into circulation 'are inserted after the words" safe food'.
8. Paragraph 2 (7) reads as follows:
"(7) Where the food business operator applies the rules of good hygiene practice referred to in paragraph 1 and the hazard analysis demonstrates its ability to control that risk, the system and the extent of the critical points may adapt those rules. ';
9. in Article 2 (9) (a), the words "or the putting into circulation process" shall be inserted after the word "process."
10. in Article 2 (9) (b), the word "manufacturing" is replaced by the word "responsible."
11. in Article 2 (9) (c), "producer" is replaced by "food business operator."
12. in Paragraph 2 (9) (e), the word "producer" is replaced by the words "food business operator."
13. The second sentence of Paragraph 2 (10) reads: "Corrective measures include measures for the management of a food or a group of foodstuffs of the same nature, produced or put into circulation in an unresolved state, including whether it complies with health requirements."
14. in Article 2 (12), the words "in the production process" are deleted and the word "producer" is replaced by the words "food business operator."
15. in Paragraph 2 (13), including footnote 4) and (5):
"(13) The food business operator who produces foodstuffs shall keep the documentation for at least 1 year after the end of the production of the food and records for at least 1 year after the end of the date of minimum durability or applicability. In the case of foodstuffs which are not required to be labelled with a minimum durability date under special legislation4), the records shall be kept for at least 1 year from the date of manufacture, with the exception of drinking alcohol, spirit drinks and other alcoholic beverages of an alcoholic strength of 10% vol or more and natural sweeteners (5) in a solid state where the records are kept for at least 5 years from the date of manufacture.
4) Decree No. 324 / 1997 Coll., on the method of labelling of foodstuffs and tobacco products, on the tolerance from the quantity of product indicated by the symbol "e," as amended by Decree No. 24 / 2001 Coll. and Decree No. 259 / 2003 Coll.
5) Decree No. 76 / 2003 Coll., laying down requirements for natural sweeteners, honey, confectionery, cocoa powder and mixtures of cocoa with sugar, chocolate and chocolate sweets. '
16. In Article 2, the following paragraph 14 is added:
"(14) The food business operator who puts food into circulation shall keep documentation and records 1 year after the food or group of foodstuffs of the same nature is put into circulation. ';
17. The following Section 2a is inserted after Section 2:
„§ 2a
The provisions of Sections 2 (5), 2 (12) (a) (1) to (3) and points 1 to 4 of the Annex shall not apply to food business operators putting food into circulation. '
Čl. II
Transitional provisions
(1) An operator of a food business that produces or puts food into circulation shall proceed with the application of the rules of good hygiene practice according to these rules, which have been published by the Ministry of Agriculture in the Ministry of Agriculture of the Czech Republic until the entry into force of this Decree and, after their incorporation in the Czech Technical Standard (2) according to § 1 (k), shall comply with this standard.
(2) The food business operator putting food into circulation sets out a system of critical points, where appropriate applying the rules of good hygiene practice in accordance with Article 2 (1), verifies their proper functioning and modifies the system by 30 April 2005 at the latest in order to comply with the requirements of the Law and this Decree.
Čl. III
Efficacy
This decree shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Minister:
Ing. Palas v. r.

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Regulation Information

CitationDecree No. 161 / 2004 Coll., amending Decree No. 147 / 1998 Coll., on the method of determining critical points in production technology, as amended by Decree No. 196 / 2002 Coll.
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation09.04.2004
Effective from01.05.2004
Effective until-
Status Valid
The regulation text is for informational purposes only.
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