Act No. 205 / 2020 Coll.
Act amending Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended, and other related laws
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Law
Effective from 01.05.2020
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205
THE LAW
of 21 April 2020
amending Act No. 258 / 2000 Coll., on the Protection of Public Health and amending certain related laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Public Health Protection Act
Act No. 20 / 20, No. 13 / 2002 Coll.
1. In footnote 1, the words "as amended by Regulation (EU) 2019 / 1010 of the European Parliament and of the Council 'are inserted after the words" Directive 2002 / 49 / EC of the European Parliament and of the Council of 25 June 2002 on the assessment and management of ambient noise'.
2. footnote 62 shall read:
"62) Council Regulation (EEC) No 2658 / 87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff. Regulation (EC) No 178 / 2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, as amended. Regulation (EC) No 851 / 2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control. 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 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. Regulation (EC) No 1223 / 2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products. Regulation (EC) No 1907 / 2006 of the European Parliament and of the Council of 18 December 2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency, amending Directive 1999 / 45 / EC and repealing Council Regulation (EEC) No 793 / 93, Commission Regulation (EC) No 1488 / 94, Council Directive 76 / 769 / EEC and Commission Directives 91 / 155 / EEC, 93 / 105 / EC and 2000 / 21 / EC, as amended. Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 / 548 / EEC and 1999 / 45 / EC and amending Regulation (EC) No 1907 / 2006, as amended. Commission Regulation (EU) No 10 / 2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food. Commission Implementing Regulation (EU) No 321 / 2011 of 1 April 2011 amending Regulation (EU) No 10 / 2011 as regards restrictions on the use of bisphenol A in plastic infant bottles. Commission Regulation (EU) No 284 / 2011 of 22 March 2011 laying down special conditions and detailed procedures for the import of plastic kitchenware from polyamide and melamine originating in or consigned from the People's Republic of China and the Hong Kong Special Administrative Region of China. 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. Commission Regulation (EC) No 2023 / 2006 of 22 December 2006 on good manufacturing practice for materials and articles intended to come into contact with food. Commission Regulation (EC) No 1895 / 2005 of 18 November 2005 on restrictions on the use of certain epoxyderivatives in food contact materials and articles. Regulation (EC) No 765 / 2008 of the European Parliament and of the Council of 9 July 2008 laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339 / 93. Regulation (EU) 2017 / 625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities carried out to ensure the application of food and feed law and rules relating to animal health and animal welfare, plant health and plant protection products, amending Regulations (EC) No 999 / 2001, (EC) No 396 / 2005, (EC) No 1069 / 2009, (EC) No 1107 / 2009, (EU) No 1151 / 2012, (EU) No 652 / 2014, (EU) 2016 / 429 / EC and (EU) 2016 / 2031, Council Regulation (EC) No 1 / 2005 and (EC) No 1099 / 2009 and Council Directives 98 / 58 / EC, 1999 / 74 / EC, 2007 / 43 / EC, 2008 / 119 / EC and 2008 / 120 / EC and repealing Regulation (EC).
3. In the last sentence of Article 3 (3), the words "and the construction in which hot water is supplied to the public 'shall be deleted and the words" pursuant to Article 4 (5)' shall be replaced by the words "pursuant to Article 4 (4) '.
4. In the fifth sentence of Paragraph 4 (4), the words "the construction in which water is supplied to the public 'are replaced by the words" a public object under Section 3 (2) (d)'.
5. in Article 6a (3) (d), the words "multi-cellular organisms" shall be inserted after the word "waste."
6. In Article 6a (6), the words "the monitoring rules and the method of evaluation of multicellular organisms in the natural swimming pool 'shall be inserted after the words" water quality indicators in the natural swimming pool'.
7. In the second sentence of Article 7 (1), the words "children and adolescents' shall be inserted after the words" vocational training '.
8. In the first and second sentences of Section 7a, the words "pupils and students' are replaced by the words" at the age until completion of compulsory education '.
9. The heading of Section 8 reads: "School of Nature and Recovery."
10. In Paragraph 8, the sentences "Recovery actions may consist of multiple runs are added at the end of paragraph 1. For the purpose of participating in a recovery operation, a child under the age of 15 shall also be considered to have completed the age of 15 in the calendar year in which the recovery operation is organised. For the purposes of this Act, school in nature shall be understood as a rehabilitation stay without interruption in the education of children of the primary school or primary school which organises the primary school or primary school. ';
11. In Paragraph 8 (3) of the introductory part of the provision, the words "or a school which sends children to school in nature for more than 5 days" shall be inserted after the words "recovery action"; and the words "or schools in nature" shall be inserted after the words "recovery action."
12. in Article 8 (3), the words "giving the address or name of the cadastral territory and geographical coordinates" shall be added at the end of the text of point (a);
13. in § 8 (3) (b):
'(b) the number of children involved; in the case of a recovery operation, the number of children involved in each run, indicating the date of its commencement and termination,';
14. in Paragraph 8 (3) (c), "a" is replaced by a comma;
15. in Article 8 (3) (d):
"(d) the way in which the catering of the participants is provided; and"
16. in Article 8 (3), the following point (e) is added at the end of the paragraph:
"(e) the name and surname of the responsible person present at the school in nature or the recovery event, for each course of the recovery action, and the telephone number of the school.";
17. In the first sentence of Paragraph 8 (4), the words "or a school which sends children to school in nature for more than 5 days shall be inserted after the word" person. "
18. In Section 9 (1) of the Introductory Part of the provision, the words "for a period of more than 5 days' shall be inserted after the words" outdoor '.
19. in Article 9 (1) (a), the words "and have undergone the scheduled vaccination or has evidence that it is immune from the disease or that it cannot undergo vaccination for permanent contraindication" shall be deleted.
20. In Article 9, the words "and have undergone the scheduled vaccination or has evidence that it is immune from the disease or that it cannot undergo the vaccination for contraindication shall be added at the end of the text of paragraph 2. ';
21. In the first sentence of Paragraph 9 (3), the words "for more than 5 days" shall be inserted after the words "in nature."
22. in Article 9 (3), the sentence "If a child does not have a registered provider, the opinion of the provider in the field of practical medicine for children and adolescents shall be inserted after the first sentence."
23. In the third sentence of Paragraph 9 (3), the word "This" shall be replaced by "In the event of recovery, this";
24. In the third sentence of Article 9 (3), the word "permanent 'is deleted.
25. in Article 9, paragraph 4 is deleted;
26. In Paragraph 10 (2), the sentence "If the person has no registered provider, the opinion of the provider in the field of general practical medicine or practical medicine for children and adolescents shall be inserted after the first sentence."
27. in Article 11 (1) of the introductory part of the provision, the words "for a period of more than 5 days" shall be inserted after the words "outdoor."
28. in Article 11 (1) (a), the words "general medicine or" shall be replaced by the words "study programme in the field of education of general medicine and."
29. At the end of the title § 12, the words "and school in nature for a shorter period 'are added.
30. In Article 12, the words "the first sentence of the first sentence 'shall be inserted after the words" Section 8 (1)' and at the end of the provision the sentence "A school which sends children to school in nature for a period of 5 days or less shall ensure the hygienically sound condition of the establishment and the supply of the action with drinking water to the extent laid down in the implementing legislation for recovery actions. ';
31. In the first sentence of Article 13 (1), the words "business establishment as referred to in Article 7 (1), buildings in which the childcare service is provided in the children92)" shall be inserted after the word "education," and the words "for the assembly of a greater number of persons" shall be replaced by the words "building with a collection facility 93)."
footnotes 92 and 93 are as follows:
"92) Act No. 247 / 2014 Coll., on the provision of childcare services in the child group and on the amendment of related laws, as amended.
93) Decree No. 268 / 2009 Coll., on technical requirements for construction, as amended. '
32. in Article 19 (1), the words "the placing on the market of foodstuffs (18)," shall be replaced by "the processing of foodstuffs (18),"
Footnote 18 reads:
"(18) Article 3 (2), (8) and (16) of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council, as amended."
33. In the first sentence of Article 19 (2), the words "or when food is put into circulation by 18) 'are replaced by the words", when food is processed by 18) or when food is placed on the market of 18)'.
34. In the first sentence of Paragraph 21 (3), the word "solarium 'is inserted after the words" reconditioning services'.
35. in the third sentence of Paragraph 21a, the words "and indoor air temperature" shall be deleted and the words "in accommodation units" shall be replaced by the words "in accommodation buildings."
36. Paragraph 23 (1), including footnote 94, reads as follows:
"(1) The food service is the activity of the food business operator (88), which is related to any stage of the production, preparation, storage, distribution and marketing of food for the purpose of serving it within a joint catering facility (94).
94) Article 2 (2) (d) of Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council, as amended. '
37. in Article 24 (1) (b), the words "and directly applicable European Union provisions" shall be inserted after the words "Regulation" and the words "put into circulation" shall be replaced by "market."
38. in § 24 (1) (e):
"(e) where the storage requirements or conditions referred to in (a) are not established, compliance with the requirements and storage conditions laid down by the food business operator who has produced the substance, raw material, semi-finished product or foodstuff."
footnote 27 is deleted.
39. in Paragraph 26 (4):
"(4) The hygiene requirements referred to in paragraphs 1 to 3 shall not apply to articles of common use referred to in Paragraph 25 (c) offered as used."
40. In Article 26, paragraphs 5 to 7 are added, including footnotes 95 and 96:
"(5) The manufacturer and the importer of materials or articles intended to come into contact with foodstuffs must notify the competent public health authority in writing of the commencement, amendment or termination of manufacture or importation of materials or articles intended to come into contact with food within 7 days of the date on which these events occurred. The natural person involved shall indicate in the notification the name and surname or business name, registered office and address of the establishment whether he produces or imports food contact materials or articles, identification number or registration number with a foreign person. The legal person shall indicate in the notification the name, registered office, legal form, address of the establishment whether he produces or imports materials or articles intended to come into contact with food, identification number or registration number with a foreign person.
(6) The obligation laid down in paragraph 5 applies mutatis mutandis to food business operators 95) using in their food business 96) food contact materials or articles manufactured or imported.
(7) Food business operators using food contact materials or articles they have produced shall apply mutatis mutandis to the requirements laid down in points (a) and (b) of paragraph 1. Food business operators using food contact materials or articles they have imported shall apply mutatis mutandis to the requirements laid down in points (a) and (b) of paragraph 1 and in paragraph 2 of this Article.
95) Article 3 (3) of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council, as amended.
96) Article 3 (2) of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council, as amended. '
41. In the first sentence of Paragraph 30 (1), the words "other equipment or land 'are deleted.
42. In the third sentence of Article 30 (3), the words "establishment for education and training 'are replaced by the words" for pre-school and school education'.
43. In Paragraph 37 (3), the final part of the provision reads:
"and shall accompany the application with a report on the measurement or examination of the factors of working conditions referred to in Article 38 (1) or a report on the expert evaluation referred to in Article 38 (2), where such evaluation has been carried out. ';
44. in Paragraph 37 (4):
"(4) The employer shall immediately notify the competent public health authority which he has included in the second category and submit the data referred to in points (a) to (d), (f) and (g) of paragraph 3, as well as the reports on the measurement or examination of risk factors of working conditions carried out in accordance with § 38 (1) or the report on the professional evaluation referred to in § 38 (2), where such evaluation has been carried out. ';
45. In Paragraph 38, the current text becomes paragraph 1 and paragraphs 2 and 3 are added, including footnote 97:
"(2) For risk factors, the physical burden or working position (97) may also be included by the employer in the second category on the basis of an expert evaluation carried out by the authorisation holder for the examination in the field of labour physiology under Section 83a (1) (i). The report on the expert evaluation shall contain data on the nature of the work, the place of work, the time of work, the exchange rate, information on the handled material, the mode of work, the breaks on food and rest during work, the tools used, the sex of the employees and their rotation at individual posts and the photo-documentation relating to the working environment, if any. The first sentence shall not apply to the exclusion of work from risk work for risk factors of physical burden or working position.
(3) Where an employer has an occupational disease or an occupational disease for a risk factor, the employer shall, within six months of the date of recognition of an occupational disease or an occupational disease threat, submit to the competent public health authority for work where an occupational disease or an occupational disease threat occurs, a report on the measurement of that risk factor carried out in accordance with paragraph 1.
97) Decree No. 432 / 2003 Coll., laying down the conditions for the classification of works into categories, the limit values of the biological exposure test indicators, the conditions for the collection of biological material for carrying out biological exposure tests and the formalities for reporting work with asbestos and biological agents, as amended. '
46. In Paragraph 39 (3), the second sentence is replaced by the following: "The provider of occupational medical services shall, at his request, communicate the results of biological exposure tests to the competent public health authority. The provider of occupational medical services shall respect confidentiality of the results of individual staff tests. ';
47. the following Paragraph 40a is inserted after Paragraph 40:
(1) The obligations laid down in Sections 37 to 39 for the temporary secondment of a member of the Agency's staff to work with a user under the Employment Act are fulfilled by that user. The user referred to in the first sentence shall, at the same time as the conclusion of an agreement on the temporary secondment of a member of the Agency to work with a user entered into under the Labour Code, provide the Agency with information on the category of work seconded by the Agency and the classification of work according to the relevant risk factors. Where work is not yet included in the category, it shall communicate to it the results of the risk assessment under a specific legislation and, if the risk assessment is not yet carried out, the data on the risk factors of the working conditions in relation to the work to which the Agency's staff member is to be assigned and the level of expected exposure to the risk factors of the working conditions assessed after consultation with the occupational service provider.
(2) After the termination of the temporary secondment of the Agency's staff to work with the user referred to in the first sentence of paragraph 1, the first user shall transmit to the Agency the records referred to in Paragraph 40. The Agency shall keep that register for the period laid down in Paragraph 40. '
48. In Paragraph 41 (1), the words "data reported or amended 'shall be inserted after the words" there shall be a change'.
49. in Article 44a (2), the words "standard phrases identifying specific hazards and hazards and standard guidance on safe treatment under the Chemical Act 35a) and directly applicable European Union legislation on chemicals and chemical mixtures (78)" shall be replaced by the words "standard hazard statements and precautionary statements under Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 / 548 / EEC and 1999 / 45 / EC and amending Regulation (EC) No 1907 / 2006, as amended (" Regulation (EC) No 1272 / 2008 ")."
50. in Article 44a (3) to (5):
"(3) No person may offer, donate, sell or otherwise deliver, leave or procure to persons other than those of legal or business natural persons, dangerous chemicals or chemical mixtures having the wrong class and hazard category acute toxicity category 1 or 2 under Regulation (EC) No 1272 / 2008.
(4) No one shall offer, donate, sell or otherwise deliver, leave or procure for a natural person under 18 years of age or for a person whose incapacity has been restricted by court, dangerous chemicals or chemical mixtures having the wrong class or class and category or hazard category acute Category 3 toxicity or specific target organ toxicity following a single or repeated exposure of Category 1 in accordance with Regulation (EC) No 1272 / 2008, or chemicals or chemical mixtures having the wrong class and hazard category of Category 1 with the standard sentence H314 pursuant to Regulation (EC) No 1272 / 2008.
(5) Legal persons and business natural persons may not sell in vending machines and in imported containers dangerous chemicals or chemical mixtures which have the wrong class or class and category or hazard category of acute toxicity category 1, 2 or 3 or specific target organ toxicity following single or repeated exposure to category 1, or hazardous chemicals or chemical mixtures having the wrong class and hazard category of category 1 with a standard hazard statement H314 in accordance with Regulation (EC) No 1272 / 2008. '
51. in Article 44a (6), the first sentence is replaced by the following: "Legal persons and natural persons engaged may treat dangerous chemicals or chemical mixtures which have the wrong hazard class of acute toxicity of category 1 or 2 under Regulation (EC) No 1272 / 2008 only if they are protected by a natural person competent under Article 44b (1), unless they provide for specific legislation other than that laid down)."
52nd Paragraph 44a (7) reads as follows:
"(7) Legal persons and business natural persons shall be required to store hazardous chemicals or chemical mixtures which have the wrong hazard class of acute toxicity category 1 or 2 under Regulation (EC) No 1272 / 2008 in premises which are lockable and secured against burglary and entry by unauthorised persons. In storage, substitution and mutual harmful effects of stored chemicals and chemical mixtures shall be excluded and their penetration into the environment and the health of natural persons shall be prevented. ';
53.Paragraph 44a (8) is deleted.
Paragraph 9 shall become paragraph 8.
54. In Paragraph 44a (8), the first sentence shall be replaced by the sentence "Legal persons and natural persons handling dangerous chemicals or chemical mixtures which have the wrong hazard class of acute toxicity category 1 or 2 under Regulation (EC) No 1272 / 2008," and in the sentence of the second sentence, the words "and the name and surname of the person (name or company), which" shall be replaced by the words ", the name and surname of the person and the name of the body for which they are registered."
55. in Paragraph 44b (1):
"(1) The following shall be considered as natural persons competent for the management of hazardous chemicals or chemical mixtures having the wrong hazard class of acute toxicity category 1 or 2 under Regulation (EC) No 1272 / 2008:
(a) graduates of higher education
1. in the Master's study programme in the field of education of general medicine and dentistry, pharmacy or veterinary medicine, veterinary hygiene or in the field of education of health professionals, with a focus on the training of professionals in the protection and promotion of public health or similar higher education, which was obtained by study at a university not in the field of education,
2. in the field of education of Chemistry or similar higher education, obtained by study at a university not in the field of education,
3. in the field of education Teachers focusing on chemistry or similar higher education, which was obtained by studying at a university not in the field of education,
4. have a certificate of completion of the Lifelong Learning Programme with a focus on toxicologii35f; or
5. in a Master's study programme in the field of Biology, Ecology and the Environment, focusing on plant health and plant protection, similar higher education obtained by a university not in the field of education, or through a lifelong learning programme focusing on plant health and plant protection 35g),
(b) natural persons having an education other than those referred to in (a) and having successfully undergone a proficiency test and certified in accordance with paragraph 4 on the competence to handle hazardous chemicals or chemical mixtures which have the wrong hazard class of acute toxicity category 1 or 2 pursuant to Regulation (EC) No 1272 / 2008. "
56. in the first sentence of Paragraph 44b (2), the words "classified as highly toxic (" test site ")" shall be replaced by the words "which have the wrong hazard class of acute toxicity category 1 or 2 under Regulation (EC) No 1272 / 2008,"
57. in the first sentence of Paragraph 44b (4), the words "classified as highly toxic" shall be replaced by the words "which have the wrong hazard class acute toxicity category 1 or 2 under Regulation (EC) No 1272 / 2008."
58. In the second sentence of Paragraph 46 (2), the word "permanent 'is deleted.
59. In the last sentence of Article 46 (2), the words "referred to in Article 47a 'shall be inserted after the words" the health service provider'.
60. in Article 47a (2), the words "infectious medicine" shall be inserted after the words "fields."
61. in the first sentence of Paragraph 47a (4), the words "or infectious medicine" shall be replaced by the words "infectious medicine, general practical medicine or practical medicine for children and youth after completing a certified vaccination course."
62. In Article 50, the words "or, in the case of a legal person, other activity," shall be deleted, after the words "up to 3 years of age" shall be inserted the words "or the education of children over the age of 3 in pre-school establishments 98)," shall be deleted and, at the end of the paragraph, the sentence "Proof of regular vaccination or proof that the child is immune or unable to undergo vaccination for contraindication, shall be issued by the provider of medical services in the field of practical medicine for children and to be born at the request of the legal representative of the child, a foster parent or natural person who has been granted a personal care by the child '.
Footnote 98 reads:
"98) Annex No 2 and Annex No 4, point 72 of Decree No. 278 / 2008 Coll., on contents of individual trades, as amended."
63.In Paragraph 51 (1) (b), the word "permanent" is deleted.
64.Paragraph 58 (3) reads:
"(3) Special protective disinfection, disinsectisation and deratization involving hazardous chemicals or chemical mixtures having the wrong class or classes and category or hazard category acute toxicity category 1, 2 or 3 or specific target organ toxicity following single or repeated exposure to category 1 under Regulation (EC) No 1272 / 2008 may be performed by a natural person who:
(a) has completed the age of 18;
(b) has completed an expert course for working with these substances and mixtures, or otherwise has acquired expertise and practical skills within the scope of implementing legislation37c; and
(c) has a valid certificate of competence. ';
65. In Paragraph 61 (3), the first sentence is replaced by the following: "Where a person authorised to operate a special protective disinfectant, disinsection and deratization intends to perform a special protective disinfectant, disinsectisation and deratization by hazardous chemicals or chemical mixtures which have the wrong class or class and category or hazard category of acute toxicity category 1, 2 or 3 or toxicity to specific target organs following a single or repeated exposure of category 1 under Regulation (EC) No 1272 / 2008, he shall be required to notify in writing the public health protection authority and the general authority responsible for the place of activity, no later than 48 hours before the start of that activity."
66. In the first sentence of Paragraph 62a, the text "paragraph 2 'is deleted.
67. In the first sentence of Paragraph 67 (12), "paragraph 9 'is replaced by" paragraph 11'.
68. in § 69 (1) (e):
"(e) an order to carry out focal disinfectant, disinsectisation and extermination throughout the affected territory; focus disinfectant, disinfectant and extermination shall be carried out by the health institution (§ 86 (1)), where decided by the competent public health authority; in such a case, natural persons, business natural persons and legal persons shall be required to establish the conditions for carrying out the focal disinfectant, disinfectant or exterminator provided for by the decision of the competent public health authority and to suffer the execution of the focal disinfectant, disinfectant or exterminator within the time limit set by this Decision; the costs of this focal disinfectant, disinsecting and exerting carried out by the Health Institute are covered by the State Budget, '.
69. In the first sentence of Paragraph 77 (2), the word "railway 'is deleted.
70.Paragraph 77 (4) reads as follows:
"(4) An applicant for the issue of a territorial decision, territorial consent or joint consent to a construction site referred to in paragraph 3 shall submit to the competent public health authority for the purposes of the opinion referred to in paragraph 1 a report on the measurement of noise carried out in accordance with § 32a or a noise study and a proposal for measures to protect against noise, if the area under noise is above the specified hygiene limits. The same obligation shall apply to the applicant who intends to submit to the construction office a draft public contract, an applicant for a change in the use of the building pursuant to paragraph 3 and an applicant for a joint permit for construction pursuant to paragraph 3. ';
71. In Paragraph 77 (5), the words "a builder or other future user 'shall be inserted after the words" cannot'.
72. Paragraph 80 (1) (x) with text "accepts applications under the directly applicable European Union Regulation on the section of materials and articles in contact with food for authorisation of a new substance not yet included in the list of substances whose use in the manufacture of materials and articles intended to come into contact with food is permitted, as well as applications for the modification of authorisations issued under this directly applicable European Union Regulation," denotes point (w).
73. In Paragraph 80, the sentence "Analytical methods for the control of the composition of cosmetic products shall be added at the end of paragraph 4. ';
74. In Paragraph 80 (8), the second sentence is replaced by the sentence "Only a physician with a specialised competence acquired and appointed by the Government may be appointed by the Czech Chief hygienist; the provisions of the Civil Service Act shall apply mutatis mutandis to its selection, appointment and revocation. ';
75. In Section 80, paragraph 9 is added, including footnotes 99 and 100:
"(9) Ministry of Health
(a) is the authority concerned when assessing active substances and plant protection products in accordance with the directly applicable European Union regulation on the placing on the market of plant protection products (99);
(b) submit to the European Commission and the European Food Safety Authority a multiannual national programme for pesticide residues as provided for in Article 30 of Regulation (EC) No 396 / 2005100 of the European Parliament and of the Council;
(c) coordinate the cooperation of public health authorities and the implementation of activities arising from the requirement of Article 4 (2) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council on official controls and other official activities carried out to ensure the application of food law in the field of food contact materials and articles.
(99) Regulation (EU) No 1107 / 2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79 / 117 / EEC and 91 / 414 / EEC.
100) Article 30 of 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. '
76. in Articles 81 (2) and 81c (c), "one year" is replaced by "two years."
77.In Paragraph 82 (2) (o):
"(o) carry out state health surveillance over the performance of the employer's obligation to provide occupational medical services and the obligation of the occupational health service provider to carry out occupational medical examinations imposed by special legislation61) '.
78.In Paragraph 82 (2) (w), "and (h)" is replaced by "and (i)."
79. In Paragraph 82, at the end of paragraph 2, the dot is replaced by a comma and the following point (z) is added:
"(z) to participate in the training of doctors and health professionals, carried out in accordance with Act No. 95 / 2004 Coll., on the conditions for obtaining and recognising professional competence and specialised competence for the exercise of the medical profession of doctor, dental practitioner and pharmacist, and Act No. 96 / 2004 Coll., on the conditions for obtaining and recognition of competence for the pursuit of non-medical medical professions and for the pursuit of activities related to the provision of health care and on the modification of certain related laws, to cooperate with a university carrying out an accredited study programme in the field of education of general medicine and dentistry and medical disciplines (101).
101) Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws, as amended. '
80. In the last sentence of Paragraph 83 (1), the words "Central Military Health Institute 'are replaced by the words" Military Health Institute'.
81. In Paragraph 84 (1) of the Introductory Part of the provision, the words "in the exercise of public health supervision by the authorities" shall be replaced by "the institutions."
82. In Paragraph 84 (1) (a), the word "overseeing" shall be replaced by the words "overseeing it in the exercise of public health supervision."
83.In Article 84 (1) (u), the words "before circulation 48) 'are replaced by the words" at market 48). "
84. In Article 86 (1), the first sentence is replaced by the following: "To investigate and measure the components of living and working conditions, products, to investigate biological material and to carry out biological exposure tests for the purpose of performing national health surveillance and to monitor public health indicators, to monitor the health status of the population and environmental factors, to prepare the basis for the assessment and management of health risks and for the activities of the public health authority as an integrated safety system, to participate in the implementation of local public health protection and health protection programmes, to educate doctors and other health professionals and to teach students in an accredited study programme in the field of education of general medicine and dental medicine and health care, as well as to promote and protect public health and to provide advisory services and other services in the field of public health protection, shall be set up to a health institution established in the Office of the Office of Lab and Ostrava."
85. In Paragraph 86, at the end of paragraph 1, the sentence "Health institutes also carry out activities under other legislation."
86. In Article 86 (2), the first sentence is replaced by the following: "To prepare documentation for national health policy, to protect and promote health, to ensure methodological and reference activities in the field of public health protection, to monitor and research on living conditions and health, to control the quality of the services provided in the protection of public health, to participate in the training of doctors and other health professionals and to teach students in an accredited study programme in the field of education of general medicine and dental care, and to the health education of the population, a State Health Institute based in Prague is established."
87. Part 1, Title in Part 1, after Section 3, the following Section 4 is inserted:
Official laboratory and national reference laboratory
(1) The Ministry of Health in its field of competence shall designate an official laboratory for the activities referred to in Article 37 and shall abolish its designation pursuant to Article 39 (2) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council and shall also designate a national reference laboratory for official controls and epidemiological bdenes102).
(2) An official laboratory may be designated as a health institute. The official laboratory shall comply with the requirements laid down in Regulation (EU) 2017 / 625 of the European Parliament and of the Council.
(3) The national reference laboratory may be designated by a health institution or a State Health Institute, or another legal person established by the Ministry of Health or an organisational body of the State established by the Ministry of Health. The national reference laboratory shall comply with the requirements of Regulation (EU) 2017 / 625103 of the European Parliament and of the Council.
(4) The list of official laboratories and the list of national reference laboratories is published by the Ministry of Health in the Ministry of Health Bulletin and on its website.
102) For example, Decision No 1082 / 2013 / EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119 / 98 / EC. Commission Implementing Decision (EU) 2018 / 945 on communicable diseases and related specific health problems to be captured by epidemiological surveillance and the relevant case definitions.
103) Article 100 of Regulation (EU) 2017 / 625 of the European Parliament and of the Council. '
Section 4 is renumbered Section 5.
88. In Paragraph 88 (2), the words "and the quality of water 'are replaced by the words", the quality of water or the sale of products or meals by means of distance communication'.
89. In Paragraph 88, the following paragraphs 9 and 10 are added:
"(9) In the exercise of national health surveillance, public health authorities, within the scope of their competence, shall be authorised to use an identity concealment to control the sale of products or meals by means of distance communication when sampling. Upon receipt of the sample, the public health authorities shall inform the audited person of the commencement of the power of control by the official body (85).
(10) In the case of remote sales control, the sample shall not be provided for the second expert opinion. This shall be without prejudice to the right to a second expert opinion authorising the operator to request a documentary review pursuant to Article 35 (1) of Regulation (EU) 2017 / 625 of the European Parliament and of the Council. ';
90. in Paragraph 88a (1) (d), the words "hospital diseases" are replaced by the words "health-care-related infections."
91. in Paragraph 88a (1), point (e) shall be deleted;
Point (f) shall be renumbered as point (e).
92.In Article 88a (1), the words "or the threat of occupational diseases" shall be added at the end of the text of point (e).
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Regulation Information
| Citation | Act No. 205 / 2020 Coll., amending Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.2020 |
|---|---|
| Effective from | 01.05.2020 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Health
The regulation text is for informational purposes only.
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