Decree No. 210 / 2004 Coll.
Ordonnance on conditions and requirements for operational and personal hygiene in the manufacture and putting into circulation of foodstuffs other than for sale, excluding food of animal origin
Valid
Order
Effective from 01.05.2004
Text versions:
01.05.2004
28.04.2004
210
DECLARATION
of 15 April 2004
on the conditions and requirements for operational and personal hygiene in the manufacture and putting into circulation of foodstuffs, with the exception of sales, excluding foodstuffs of animal origin
According to Section 18 (f) of Act No. 110 / 1997 Coll., on Food and Tobacco Products and on the amendment and addition of certain related laws, as amended by Act No. 306 / 2000 Coll. and Act No. 146 / 2002 Coll., ("the Act '):
Subject matter
(1) This decree lays down the conditions and requirements for operational and personal hygiene in the manufacture of food (1) and their putting into circulation (2) in accordance with the European Community Regulation (3).
(2) This decree shall not apply to:
(a) establishments providing food services and food production in such establishments, 4)
(b) offering for sale and sale of food on the trading network directly to the consumer, 5)
(c) direct sales of agricultural products to the consumer from agricultural production, 6)
(d) the production and putting into circulation of foodstuffs of animal origin. 7)
Definition of basic terms
For the purposes of this decree:
(a) food business - food business workplace, 8) where food preparation, processing, treatment, production, storage, packaging or transport takes place;
(b) manufacturing equipment - tools, tools, utensils, utensils, machinery, handling, other equipment and articles which come into direct or indirect contact with them when handling foodstuffs;
(c) operating hygiene - all measures necessary to ensure the health of the food business, 1)
(d) pollution - the presence of a substance or micro-organisms which have not been intentionally added to the food or are present around the food and which may jeopardise its health or suitability for human consumption,
(e) pest - live or dead animals or parts thereof at any stage of the biological development of the animal.
General requirements for operational hygiene of food operations
(1) Food operations must be kept clean and in good technical condition and must allow compliance with the obligations and requirements for ensuring the health of foodstuffs laid down by law and by specific legislation. 9)
(2) The organisation, external treatment, construction and size of food operations must:
(a) allow adequate maintenance, cleaning or disinfection and exclude or minimise pollution from the air and have adequate working space to allow for the hygienic execution of all such operations;
(b) prevent the accumulation of impurities, contact with toxic materials, the separation of particles into food and the formation of condensate or the occurrence of undesirable fungi on the surface;
(c) allow good hygiene practice to be observed, 10) including protection against pollution originating from, between and during operations from other foodstuffs, packaging and other materials, production facilities, water, air supply, workers, or external sources (such as pests);
(d) ensure appropriate temperature conditions for the hygiene processing and storage of foodstuffs, where this is necessary to ensure operational hygiene.
(3) The number of hand washbasins and flushing toilets corresponding to the specific operating conditions shall be available in food operations. The washers shall be suitably distributed and marked. The toilets must be connected to an efficient sewage system and must not lead directly to the premises where food is handled.
(4) Hand washing detergents shall be equipped with a supply of warm and cold running water, hand washing products and their hygienic drying. If necessary to ensure operational hygiene, washing of food must be separated from hand washing facilities.
(5) Appropriate and sufficient means for natural or forced ventilation shall be available in food operations. 11) The flow of air during forced ventilation shall not occur from the contaminated area to the clean. Ventilation systems shall be designed in such a way as to allow easy access to filters and other components requiring cleaning or replacement.
(6) All sanitary facilities inside food operations shall be equipped with adequate natural or forced ventilation. 11)
(7) Food operations shall have adequate natural or artificial lighting. 11)
(8) Sewerage installations for food operations must meet the intended purpose; it must be designed and constructed in such a way as to avoid the risk of contamination of the food.
(9) In order to ensure operational hygiene, adequate staff changing accessories shall be provided.
Specific requirements for food preparation, treatment or processing premises
(1) The premises for the preparation, treatment or processing of foodstuffs must include:
(a) floor surfaces shall be maintained in impeccable condition and shall be easily cleaned and, if necessary to ensure operational hygiene, easily disinfected. Resistance, non-aqueous, washable and non-toxic materials shall be used. Where necessary in order to ensure operational hygiene, floors shall be such that water is removed from the surface,
(b) the surfaces of the walls are maintained in impeccable condition and must be easily cleaned and, if necessary to ensure operational hygiene, easily disinfected. Durable, non-waterproof, washable and non-toxic materials and smooth surfaces shall be used up to a height corresponding to operating operations;
(c) ceilings and ceilings designed, constructed and equipped with a final treatment to prevent the accumulation of impurities and to reduce condensation, growth of undesirable moulds and separation of particles;
(d) windows and other openings designed to prevent the accumulation of impurities. Windows and openings which are open to the external environment shall, if necessary to ensure operational hygiene, be equipped with insect nets which can be easily removed during cleaning. If food pollution could occur through open windows, the windows must remain closed and secured during production,
(e) doors easily cleaned and, if necessary to ensure operational hygiene, easily disinfected. Smooth and waterproof surfaces shall be used,
(f) the surfaces, including the surfaces of the production facility, which come into contact with food, are maintained in impeccable condition and are easy to clean, and, if necessary to ensure operational hygiene, easily disinfected. Smooth, washable and non-toxic materials shall be used.
(2) The requirements for materials referred to in paragraph 1 (a), (b), (e) and (f) shall not apply if the food business operator (8) demonstrates to the State agricultural and food inspection (12) on the basis of generally recognised or scientific knowledge that other materials used do not cause any deterioration in the health of the food.
(3) Where necessary to ensure operational hygiene, adequate facilities for cleaning and disinfection of working tools and production facilities shall be available. Such accessories shall be designed from corrosion resistant materials and shall be easy to clean, with adequate supply of hot and cold water.
(4) The separate washing of foodstuffs must be ensured in an appropriate manner so as to avoid contact of washing water with already washed foodstuffs when washing the food. Each effluent or other such food-washing device shall have an adequate supply of hot or cold drinking water13) and shall be kept clean.
Requirements for production facilities
(1) All production facilities with which food comes into contact must be kept clean and
(a) constructed in such a way, from such materials as are safe for food contact (14) and maintained in such order and good technical condition as to minimise the risk of food contamination;
(b) except for non-refundable packaging, constructed in such a way, from such materials and maintained in such order and good technical condition as to allow them to be thoroughly cleaned and, if necessary to ensure operational hygiene, their disinfection,
(c) installed in such a way as to allow adequate cleaning of the surrounding areas.
(2) Articles not related to the performance of work may not be kept on premises intended for food production for a longer period than is strictly necessary.
Requirements for food stored in food operations
(1) The food business operator shall not accept any raw materials or ingredients if they are known or if it could reasonably be expected that they are so polluted by pests, pathogenic micro-organisms or toxic, degraded or foreign substances that they remain unfit for human consumption after normal sorting or after preparation or processing.
(2) Raw materials and ingredients must be stored in food operations under conditions that prevent their contamination and the health of the food.
(3) All foodstuffs handled by them must be protected, when stored, transported, packaged or put into circulation, against any contamination which may cause the food to be unfit for human consumption, harmful to health or contaminated in a way that prevents its consumption. Foodstuffs must be stored and protected in such a way as to minimise any risk of contamination. In order to ensure the control of the occurrence of pests, a specific legislation shall be followed, 15) or technical standard.
(4) Raw materials, ingredients, intermediate products and ready-to-eat foods which may promote the growth of pathogenic micro-organisms or the formation of toxins must be maintained at temperatures laid down by specific legislation, 16) and if temperatures are not laid down by specific legislation, 16) at temperatures preventing the growth of pathogenic micro-organisms or the formation of toxins. The cooling chain shall not be interrupted. Where it is necessary to adapt to the practical conditions for the handling of foodstuffs during their preparation, transport, storage or other putting into circulation, and this does not jeopardise or disturb the health of the food, the food may be out of the specified temperature regime for a limited period only.
(5) If foodstuffs are to be stored at cold temperatures, they must be cooled as quickly as possible to a temperature which does not lead to a health disturbance after the final heat treatment or if no heat process is used.
(6) Food defrosting must be carried out in such a way as to minimise the risk of growth of pathogenic micro-organisms or the formation of toxins in foodstuffs. The defrosting of the food must take place at temperatures that do not cause health risks. In the case of defrosting, a waste liquid which may present a health risk shall be adequately removed. After thawing, the food must be handled in such a way as to minimise the risk of developing pathogenic micro-organisms or of developing toxins.
(7) Dangerous or inedible substances or food waste intended for feeding17) must be appropriately labelled and stored in separate and secured containers.
(8) Non-packaged foodstuffs which have escaped from the production facility and have come into contact with the surfaces of the production premises must not be returned to production, except for those foodstuffs the nature of which permits and when this procedure is incorporated into the production critical points system. 10)
Food transport
(1) The means of transport, container, tank, cabinet or other transport vessel (hereinafter referred to as "means of transport") used for the transport of foodstuffs must be kept clean and in good technical condition and protect the food from pollution and, if necessary to ensure operational hygiene, must be designed and constructed in such a way as to allow adequate cleaning or disinfection.
(2) The means of transport shall not be used for the transport of anything other than food if this could cause contamination of the food.
(3) Unpacked foods in liquid, granular or powder form must be transported in a means of transport reserved for the transport of foodstuffs. This means of transport shall be marked in a clear and indelible manner in the Czech language in such a way as to make it clear that it is used for the transport of foodstuffs or shall be marked "For food only '. Where foodstuffs are transported to another Member State of the European Union, the means of transport shall be indicated in the language of that State.
(4) Where a means of transport is used to transport anything other than food or where different types of food are transported at the same time, food, if necessary to ensure operational hygiene, shall be effectively separated in such a way as to protect them from pollution.
(5) Where a means of transport has been used for the transport of anything other than food or for the transport of different types of food, effective cleaning must be carried out between different costs to avoid the risk of pollution.
(6) Foodstuffs must be stored and protected in a means of transport so as to minimise the risk of contamination.
(7) If necessary to ensure operational hygiene, the means of transport used for the transport of food shall be able to maintain the food at appropriate temperatures and, if a specific transcription so provides, 18) equipped to enable the monitoring and recording of these temperatures.
Food waste
(1) Food waste and other waste must not be collected on premises where foodstuffs are present, except for unavoidable cases related to the normal operation of food operations. Waste can only be stored in food operations for the time necessary.
(2) Food and other waste must be stored in closed containers unless the food business operator has demonstrated that the State Agricultural and Food Inspection on the basis of generally accepted or scientific knowledge the suitability of the use of other types of containers. These containers shall have an appropriate design, be maintained in impeccable condition, and, if necessary to ensure operational hygiene, they shall be easy to clean and disinfect.
(3) Appropriate measures must be taken for the disposal and storage of food and other waste. The waste storage facility must be marked and operated in such a way that it can be kept clean and avoid access to pests and food pollution, drinking water, manufacturing equipment or food operations.
Water supply
(1) Food operations must be adequately supplied with drinking water. 12) Drinking water must always be used if it is necessary to ensure that food is not contaminated.
(2) When using ice that comes into direct contact with food or that may cause any contamination of food, this ice must be made from drinking water. Its production, handling and storage must take place under conditions that prevent its pollution.
(3) Steam used in direct contact with food must not contain any substance which presents a health risk or may contaminate the food.
(4) Useful water used for the production of steam, cooling, fire protection and other similar purposes (Section 3 (2) of the Act), which is not related to food, must be kept in separate systems, must be easily identifiable and must have no connection or any possibility of reversing to drinking water systems.
(5) Where foodstuffs are heat treated in airtight containers, it shall be ensured that the water used to heat containers or cool them after heating is not a source of food pollution.
Personal hygiene
(1) In contact with food, only a person eligible for such activity may be employed under specific legislation. 19)
(2) All persons working in food operations at places where food is handled must respect the principles of personal hygiene. 20)
(3) A person known or suspected to be suffering from a disease or a vector of a disease which may be transmitted by food or who is affected, for example, by infected injuries, skin infections, ulcers or diarrhoea, 19) must not work on any section where food is treated. This applies to any occupational classification which gives rise to the possibility of direct or indirect contamination of food by pathogenic micro-organisms.
The hygiene requirements laid down in Sections 3, 4 and 6 shall apply in the production of wine and beer during the last stages of production, (8) in particular in cellars intended for maturing, storage and bottling, only to the extent necessary to ensure the health of wine or beer and in accordance with critical points and, where appropriate, the rules of good hygiene practice laid down in the specific legislation. 10)
Repeal
Decree No. 451 / 2002 Coll., on the conditions and requirements for operational and personal hygiene in the manufacture of foodstuffs, excluding food of animal origin, is hereby repealed.
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.
1) Article 2 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, as amended by Regulation (EC) No 1642 / 2003 of the European Parliament and of the Council.
2) 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.
3) Council Directive 93 / 43 / EEC of 14 June 1993 on the hygiene of foodstuffs.
4) Decree No. 137 / 2004 Coll., on health requirements for catering services and on principles of personal and operational hygiene in epidemiological activities.
5) Decree No. 347 / 2002 Coll., on sanitary requirements for the sale of food and the range of equipment of the shop according to the range of food sold.
6) Act No. 105 / 1990 Coll., on the Private Entrepreneurship of Citizens, as amended by Act No. 219 / 1991 Coll., Act No. 455 / 1991 Coll. and Act No. 85 / 2004 Coll.
7) Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended by Act No. 29 / 2000 Coll., Act No. 154 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 76 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 131 / 2003 Coll.
8) Article 3 of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council.
9) For example, Decree No. 52 / 2002 Coll., laying down the requirements for the quantities and types of food flavourings, their conditions of use, their health requirements and the conditions for the use of quinine and caffeine, Decree No. 53 / 2002 Coll., on the chemical requirements for the health of individual food types and food ingredients, the conditions for the use of the substances additives, auxiliary and food supplements, as amended by Decree No. 233 / 2002 Coll., Decree No. 132 / 2004 Coll., on microbiological requirements for food, their control and evaluation.
10) Decree No. 147 / 1998 Coll., on the method of determining critical points in production technology, as amended by Decree No. 196 / 2002 Coll. and Decree No. 161 / 2004 Coll.
11) Government Decree No. 178 / 2001 Coll., laying down conditions for the protection of the health of workers at work, as amended by Government Decree No. 523 / 2002 Coll.
12) Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, as amended by Act No. 309 / 2002 Coll. and Act No. 94 / 2004 Coll. Act No. 552 / 1991 Coll., on State Control, as amended by Act No. 166 / 1993 Coll., Act No. 148 / 1998 Coll., Act No. 132 / 2000 Coll. and Act No. 274 / 2003 Coll.
13) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Acts, as amended by Act No. 254 / 2001 Coll., Act No. 274 / 2001 Coll., Act No. 13 / 2002 Coll., Act No. 76 / 2002 Coll., Act No. 86 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 356 / 2003 Coll. and Act No. 362 / 2003 Coll. Decree No. 376 / 2000 Coll., laying down requirements for drinking water and the scope and frequency of its control.
14) Decree No. 38 / 2001 Coll., on sanitary requirements for products intended to come into contact with food and dishes, as amended by Decree No. 186 / 2003 Coll.
15) For example Decree No. 211 / 2004 Coll., on methods of testing and method of sampling and preparation of reference samples.
16) For example, Decree No. 77 / 2003 Coll., laying down requirements for milk and milk products, frozen creams and edible fats and oils, as amended by Decree No. 124 / 2004 Coll., 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.
17) Act No. 91 / 1996 Coll., on feedingstuffs, as amended by Act No. 244 / 2000 Coll., Act No. 147 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 21 / 2004 Coll.
18) For example, Decree No. 326 / 1997 Coll., implementing § 18 (a), (d), (j) and (k) of Act No. 110 / 1997 Coll., on Food and Tobacco Products, and amending and supplementing certain related laws for frozen foodstuffs, as amended by Decree No. 44 / 2000 Coll. and Decree No. 160 / 2002 Coll., Decree No. 77 / 2003 Coll., as amended by Decree No. 124 / 2004 Coll.
19) Act No. 258 / 2000 Coll., as amended.
20) § 50 of Decree No. 137 / 2004 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 210 / 2004 Coll., on the conditions and requirements for operational and personal hygiene in the manufacture and putting into circulation of foodstuffs other than for sale, excluding food of animal origin |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0