Full text of Act No. 223 / 2008 Coll.
Full text of Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, as resulting from subsequent amendments
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30.06.2008
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223
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, as is apparent from the amendments made by Act No. 309 / 2002 Coll., Act No. 94 / 2004 Coll., Act No. 316 / 2004 Coll., Act No. 321 / 2004 Coll., Act No. 444 / 2005 Coll. and Act No. 120 / 2008 Coll.
THE LAW
on State Agricultural and Food Inspection
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 state1), is the accounting unit 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 Central Director shall be run by the Ministry. The appointment and removal of the Central Director and the Director of Inspectorates shall be governed by the Staff Regulations (1a).
(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 inspector's decision.
For the purposes of this Act:
(a) the inspection of the survey carried out by the inspector as to whether the requirements laid down in specific legislation3) or directly applicable European Community3a) are met, on the basis of which the inspector imposes measures to remedy the deficiencies identified and on which he draws up the Protocol;
(b) agricultural product agricultural primary production product, except animal products4);
(c) measures of action to eliminate identified deficiencies, suspension or prohibition of the production or placing into circulation of agricultural products, foodstuffs (5) or raw materials or tobacco products, regulation or destruction, prohibition of the use of packaging, apparatus or equipment, prohibition of the use of premises which do not comply with the conditions laid down in specific legislation3), protection or storage of foodstuffs or products which do not comply with the requirements laid down by specific legislation;
(d) an on-the-spot assessment of the results of the on-the-spot check carried out in writing;
(e) a certificate of written confirmation to a natural or legal person whether agricultural products, foodstuffs or raw materials or tobacco products comply with the requirements laid down in specific legislation3), at his request,
(f) monitoring systematic or selective monitoring of, in particular, toxicologically relevant substances in agricultural products, foodstuffs, raw materials and tobacco products.
(1) Inspections for natural and legal persons ("controlled persons") control agricultural products and foodstuffs or raw materials intended for their manufacture ("raw materials") or tobacco products, in particular,
(a) whether such agricultural products, foodstuffs or raw materials or tobacco products comply with the requirements laid down in specific legislation3), 6) or with the international treaties by which the Czech Republic is bound and which are declared in the Collection of International Treaties or in the Collection of Laws 7), hereinafter referred to as "international treaties,"
(b) whether the conditions laid down in specific legislation3 or international treaties are complied with in the manufacture or putting into circulation of such agricultural products, foodstuffs or raw materials or tobacco products;
(c) whether the persons audited have complied with the obligations laid down in the specific legislation3) or the international treaties 7);
(d) whether consumers are misled (8);
(e) whether agricultural products, foodstuffs or raw materials or tobacco products 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 raw materials or tobacco products10) or of the traditional specialityguaranteed (10a),
(g) that the controlled persons fulfil the obligations arising for them under the directly applicable provisions of the European Communities and carry out the tasks arising for them as a supervisory authority under the directly applicable provisions of the European Communities, and are entitled to use the measures referred to therein to remedy the unlawful situation.
(2) The state agricultural and food inspection checks that the stocks reported to it by the entrepreneur under the Food and Tobacco Production10b are in conformity with the facts.
(3) Inspection further in controlled persons
(a) identify shortcomings in the production or putting into circulation of agricultural products, foodstuffs or raw materials (11) or tobacco products and their causes;
(b) 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 given in the accompanying documents;
(c) the measure imposes an obligation to remedy the deficiencies identified and sets a time limit for their removal;
(d) monitor compliance with the measures imposed to address the deficiencies identified;
(e) carry out checks at regular intervals or where there is a suspicion of infringement of legislation3);
(f) monitor compliance with the requirements for personal and operational hygiene to the extent laid down by the directly applicable European Community Regulation on food hygiene 12a) and specific legislation13).
(4) Inspections in the performance of tasks under this Act and under the Special Laws (3)
(a) impose fines and measures on controlled persons under this law and under special laws (3);
(b) carry out or ensure, in accordance with the specific legislation14, analyses of agricultural products, foodstuffs or raw materials or tobacco products referred to in paragraph 1, in laboratories which meet the conditions for operating the laboratories set out in ČSN EN ISO / IEC 17025; Where analysis has been found that agricultural products and foodstuffs or raw materials intended for their manufacture or tobacco products do not comply with the requirements laid down in specific legislation3) or international contracts 7), the costs of the analysis shall be borne by the controlled person; where the analysis has been carried out by an inspection, the person checked shall bear the cost of the analysis under the order;
(c) issue opinions or certificates on the basis of the analyses carried out pursuant to (b); the issue of the certificate is subject to an administrative fee;
(d) issue certificates for the registration of designations of origin, geographical indications and traditional specialities guaranteed in the registration10), 10a); the issue of the certificate is subject to an administrative fee;
(e) issue certificates for fresh fruit, fresh vegetables or table potatoes; the issue of the certificate is subject to an administrative fee;
(f) issue a binding opinion to the local customs authority in accordance with Article 7;
(g) keep records of food business operators;
(h) cooperate with the competent administrative authorities, local authorities, foreign institutions and with the competent authorities of the European Union, the cooperation of which is necessary for the exercise of control or results from international agreements, and inform them without delay of serious facts which distort 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) issue, upon request, evidence of the facts established by it; the issue of the document is subject to an administrative fee,
(n) where the issue of a certificate or evidence of facts established to it requires laboratory analysis and this analysis is carried out by the laboratory of inspection, the applicant shall reimburse his costs as determined by the decree, at the rate of compensation for the analyses carried out by the laboratories for inspection;
(o) verify the competence of laboratories responsible for carrying out analyses for their needs; the costs incurred in verifying eligibility shall be borne by the laboratory by delegation, the amount of compensation being based on the calculation of the costs associated with the operations carried out;
(p) carry out free of charge analyses in its laboratories at the request of the State's organisational units;
(q) approve, after consultation with the administrative authorities concerned, the procedure and method of irradiation of food and raw materials by ionising radiation under the specific legislation3);
(r) inform the Commission of the European Communities of the approval of the irradiation facility, transmit the relevant documentation and inform the Commission of the European Communities of any suspension or withdrawal of the decision approving the irradiation facility;
(s) inform the Commission of the European Communities at least once a year of the results of the checks carried out on the operator of the irradiation plant and irradiated foodstuffs or raw materials put into circulation in relation to the doses of radiation used, compliance with the established limits in the food by species and irradiated quantities;
(t) verify that the treatment of packaged spring water with ozone-enriched air complies with the requirements of special legislation14a);
(u) carry out checks on the entry and import of food and raw materials from third countries 14b);
(v) is entitled to require the customs authorities of information14c) necessary to carry out their control activities;
(w) verify the variety, origin, sugar content and weight of grapes intended for the production of quality wines with the addition and issue proof thereof,
(x) to carry out the sorting of wines under special legislation 14d);
(y) decide on the method of processing grapes harvested in a vineyard planted in contravention of the provisions directly applicable to the European Communities 14e) or special legislation14d), or products made from such grapes;
(aa) issue documents in accordance with directly applicable rules of the European Community14f;
(bb) decide on the downgrading of 14g) quality wines in specified regions under the conditions laid down directly by the applicable provisions of the European Community14g);
(cc) ensure adequate and regular training of persons carrying out conformity checks in accordance with the provisions directly applicable in the European Communities concerning checks on compliance with the business Norem14h),
(dd) carry out verification of compliance with the specifications in accordance with the provisions directly applicable in the European Communities concerning the protection of geographical indications, designations of origin and traditional speciality10a guaranteed;
(e) in the case of cross-border cooperation, it shall carry out surveillance and follow the relevant European Communities Regulation 14i) within the scope of the substantive scope of the specific legislation referred to in point 16 of the Annex to this Regulation.
(5) For the control samples taken, compensation shall be granted to the checked person at the price at which the agricultural product, food or raw material or tobacco products are sold or purchased, provided that he applies for the refund within a period of 6 months from the date on which he was aware that the agricultural product, food or raw material or tobacco products had met the requirements laid down in specific legislation3) 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) The inspection shall carry out an additional inspection in accordance with the provisions directly applicable to the European Communities on official control14j). 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.
(7) The food business operator shall pay the costs of verifying compliance with the specifications in accordance with the provisions directly applicable in the European Communities relating to the protection of geographical indications, designations of origin and traditional specialities guaranteed 14k) before the food is put into circulation. The specific legislation shall determine the amount of the flat-rate cost of verification of compliance with the specifications. The inspection shall decide on the reimbursement of the costs of verification of compliance with the specifications.
(8) The specific legislation sets the amount of the flat-rate amount of costs incurred in connection with the entry of food and raw materials from third countries under the directly applicable regulation of the European Communities on official controls14l). The inspections shall decide on the reimbursement of such costs.
(9) The food business operator shall pay the costs incurred in connection with the importation of food and raw materials from third countries, provided that this is provided for directly by the applicable European Community14m). The specific legislation shall fix the amount of the flat-rate amount of costs incurred in connection with the import of food and raw materials from third countries and the implementing legislation shall fix the cost of laboratory analysis of the control samples when carried out by the laboratory of inspection. The inspections shall decide on the reimbursement of such costs.
(10) The inspections also carry out surveillance and surveillance activities under the State Agricultural Intervention Fund14n Act.
(1) The staff of the inspection responsible for carrying out its inspection tasks, hereinafter referred to as "inspectors," shall be authorised to carry out control activities outside the powers provided for in special legislation15).
(a) take samples of agricultural products, foodstuffs or raw materials or tobacco products for the purposes of assessing the safety of 9) and to determine whether such agricultural products, foodstuffs or raw materials or tobacco products comply with the requirements laid down in specific legislation3) and international treaties 7);
(b) require checked persons to remedy the deficiencies identified or to implement immediately the necessary measures to eliminate them;
(c) verify the identity of the natural persons checked;
(d) verify the identity of the natural persons representing them during the inspection and the right of representation of such persons;
(e) 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 showing a legal interest in the matter, checks on compliance with the prohibition on misleading consumers (8), (16);
(f) issue on-the-spot opinions;
(g) issue certificates pursuant to Article 3 (4) (e);
(h) require workers coming into direct contact with foodstuffs to submit health certificates;
(i) to make copies or extracts of the written documents submitted to them for inspection;
(j) procure photo documentation in the context of the photo-documentation inspection carried out;
(k) take samples within their responsibility for monitoring;
(l) 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;
(m) to carry out an inspection of the internet or other form of mail order sale under the authority of the inspector.
(2) Inspectors shall, in carrying out their duties, show inspection cards without notice.
(1) The inspector based on the results of the control carried out by the person checked
(a) prohibit:
1. the production or putting into circulation of agricultural products, foodstuffs or raw materials or tobacco products, provided that such agricultural products, foodstuffs or raw materials or tobacco products do not comply with the requirements laid down in specific legislation3) or international treaties (7);
2. the use of packaging, apparatus and equipment which is not accompanied by a written declaration under special legislature17), or which are used in contravention of the particulars contained in that declaration, or clearly do not comply with the requirements laid down in specific legislation13), 17),
3. the use of premises for the production and putting into circulation of agricultural products, foodstuffs or raw materials or tobacco products, unless they fulfil the conditions which allow the health of foodstuffs (6), 18),
(b) order or carry out destruction of the products, foodstuffs or raw materials or tobacco products, after a proven finding of non-compliant agricultural products, on the cargo of the persons checked, unless otherwise provided by a specific legislation;
(c) impose measures to remedy the deficiencies identified;
(d) impose measures to ensure offered, sold or stored agricultural products, foodstuffs or tobacco products marked or offered in a misleading manner (8), 16),
(e) suspend the putting into circulation of agricultural products, foodstuffs or raw materials or tobacco products if they are suspected to be non-health19);
(f) impose measures on the processing of grapes harvested in a vineyard planted in contravention of the provisions directly applicable to the European Communities 14e) or special legislation14d), or products made from such grapes;
(g) require the measures to be carried out at the expense of the person checked for a certain period of time by a laboratory complying with the conditions laid down in the CSN EN ISO / IEC 17025, in the event of the detection of non-compliant foodstuffs or suspected of being non-compliant foodstuffs;
(h) in the event of the detection of an infringement of 14o) committed by a controlled person in the territory of the European Communities or in another State constituting the European Economic Area and which damages or may harm the common interest of consumers 14p), such conduct shall be prohibited by measures.
(2) The measures referred to in paragraph 1 shall be notified by the inspector to the person checked and shall immediately record them in writing. In the event of the imposition of safeguard measures, it shall also indicate in the written record the reason for the freezing, the description of the agricultural products, foodstuffs or tobacco products secured and their quantities.
(3) If the controlled person does not agree with the measure imposed pursuant to paragraph 2, he may object to it not later than 3 working days after the date on which the measure was notified. The objections submitted have no suspensory effect.
(4) The Director of the Inspectorate shall take a decision on the objections received within three working days of receipt of the objections. It shall inform the person checked within that time limit. The Director's decision on objections shall be final. This is without prejudice to the right to apply judicial review 20).
(5) The inspector will allow the production of, or putting into circulation or use of, agricultural products, foodstuffs or tobacco products for the manufacture or use of packaging or defective devices or equipment prohibited under paragraph 1 (a), provided that the defective condition has been remedied; the consent shall be issued without delay and no later than 30 days after the date of notification of the correction of the defect.
(6) The inspector shall ensure that agricultural products, foodstuffs or tobacco products which do not comply with the requirements of special legislation8), 16) or directly applicable European Community3a) are carried out until a final decision is taken by the inspectorate to forfeit them or prevent them, or, where appropriate, until it is established that they are not such agricultural products, foodstuffs or tobacco products.
(7) The inspected person shall be obliged to release the secured agricultural products, foodstuffs or tobacco products to the inspector. Where the person checked refuses to issue them, the inspector shall withdraw them. The inspector shall draw up a written record of the issue or withdrawal of the agricultural product, food or tobacco products, as appropriate.
(8) The inspector is obliged to store secured agricultural products, foodstuffs or tobacco products which do not comply with the requirements of the Special Legislation (8), 16) in a manner which excludes any treatment of them until a final decision has been taken by the Inspectorate to forfeit them or prevent them, or until it has been established that they are not such agricultural products, foodstuffs or tobacco products.
(9) The costs of storage are borne by the checked person. Costs shall not be reimbursed if they prove that agricultural products, foodstuffs or tobacco products correspond to a specific legislation equivalent to 8), 16).
(10) In a crisis situation (20a), the inspector may, without any control carried out, impose measures on the food business operator to avert the risk of health risks from foodstuffs or raw materials or tobacco products, provided that the authority responsible under the special legislation20b has been declared and is in a state of danger or emergency or state of danger.
(1) The inspector shall decide to repeal the measures provided for in Article 5 (6) and (8) within a period of no more than 1 year from the date of the imposition of the measures by the inspector and shall inform the inspected person thereof.
(2) The Inspectorate shall immediately repeal the measures provided for in Article 5 (6) and (8) if it is established that they are agricultural products, foodstuffs or tobacco products which comply with the requirements of special legislation8), 16).
(3) The inspector shall decide on the destruction of agricultural products, foodstuffs or tobacco products secured pursuant to Article 5 (6) and (8). The destruction shall be carried out officially under the supervision of a three-member commission appointed by the Director of the Inspectorate within the time limit laid down in the Decision. The committee will write a report on the destruction. Destruction shall be carried out on the cargo of the controlled person who has put those agricultural products, foodstuffs or tobacco products into circulation.
(4) The inspector will issue a decision approving the procedure and method of irradiation of food and raw materials by ionising radiation. Part of this Decision is the decision to assign the registration number to the irradiation facility. In the event that the inspector finds that the conditions and requirements for irradiation have been infringed, he shall decide to withdraw his consent.
(5) The inspector shall decide on the method of processing grapes harvested on the vineyard planted in contravention of the provisions directly applicable to the European Communities (14e) or special legislation14d), or products produced from such grapes.
(6) The Inspectorate decides on the downgrading of 14g) of quality wines in specified regions under the conditions laid down directly by the applicable European Community14g).
The inspector shall, at the request of the local competent customs authority, give a binding opinion within 3 working days on the communication of the interruption of the procedure for release for free circulation on the grounds that the agricultural product, food or raw material or tobacco products are not safe or labelled in accordance with legislation or international treaties.
The inspector shall issue the certificate referred to in Article 3 (4) (c), (d) and (e) and the document referred to in Article 3 (4) (m) and (p) within 30 days of the date of application.
(1) The Central Inspectorate and the Inspectorate are entitled to add other experts to carry out expert activities related to the performance of the inspection.
(2) The experts referred to in paragraph 1 shall be entitled and obliged to carry out the tasks to the extent assigned to them by the Central Inspectorate or Inspectorate; However, they cannot impose measures and penalties.
repealed
Administrative offences of legal and business natural persons
(1) A natural person, whether legal or legal, commits an administrative offence by:
(a) infringes the prohibition provided for in Article 5 (1) (a);
(b) failure to comply with the Regulation on the destruction of disabled agricultural products, foodstuffs, raw materials or tobacco products referred to in Article 5 (1) (b);
(c) fails to comply with the measures provided for in Article 5 (1) (c), (d), (e) or (f); or
(d) infringes the obligation laid down in a directly applicable regulation of the European Communities; 21) governing requirements for agricultural products.
(2) For the administrative offence referred to in paragraph 1, the fine shall be imposed on:
(a) 1 000 000 CZK if it is an administrative offence as referred to in paragraph 1 (a), (b) or (c);
(b) 3 000 000 CZK if it is an administrative offence referred to in paragraph 1 (d).
The forfeiture of agricultural products, foodstuffs or tobacco products may be imposed together with the fine or separately.
(3) The supervisory authority may waive the imposition of a fine where an infringement has been rectified in accordance with a measure imposed pursuant to Article 5 or immediately after an infringement has been found and the infringement found could not have caused damage to the health of natural persons or where there has been no misconduct by the consumer in violation of intellectual property rights (22).
Falling of agricultural products, foodstuffs or tobacco products
(1) The forfeiture of agricultural products, foodstuffs or tobacco products may be imposed where agricultural products, foodstuffs or tobacco products belong to the perpetrator of an administrative offence, and
(a) have been used or intended to commit an administrative offence; or
(b) have been obtained in connection with the committing of an administrative offence.
(2) The owner of forfeited agricultural products, foodstuffs or tobacco products becomes a State.
Preventing agricultural products, foodstuffs or tobacco products
(1) Where the forfeiture of agricultural products, foodstuffs or tobacco products referred to in Article 11a (1) (a) or (b) has not been imposed, decisions may be taken to prevent them,
(a) if it belongs to the perpetrator of an administrative offence which cannot be prosecuted for an administrative offence; or
(b) if the perpetrator is not the perpetrator of the administrative offence or is not entirely the offender.
(2) The owner of the agricultural products, foodstuffs or tobacco products seized becomes a State.
Common provisions on administrative offences
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings against him within 1 year of the date on which he became aware of it, but no later than 3 years from the date on which he was committed.
(4) The forfeiture of a case cannot be imposed if the value of the case is in an obvious disproportion to the nature of the administrative offence.
(5) A decision to prevent a case may not be taken if three years have elapsed since acts having the characteristics of an administrative offence.
(6) The liability for conduct arising in or directly related to the business of a natural person shall be subject to the provisions of the Liability and Penalty Act.
(7) Administrative offences under this Act shall be dealt with at first instance by the Inspectorate.
(8) The fines shall be collected by the administrative authority which imposed them and enforced by the customs office. The income from fines is the income of the state budget.
repealed
Where, in the directly applicable provisions of the European Communities, a competent authority, a competent central authority or a competent authority is referred to, for the purposes of this law, a central inspector or an inspector within whose jurisdiction the exercise of the relevant authorisation or the implementation of the relevant measure falls.
This law does not apply to the control of products, foodstuffs or raw materials or tobacco products in the services and facilities of the Army of the Czech Republic and the Police of the Czech Republic and in the buildings of the Administration of State Material Reserves.
Empowerment
By decree, the Ministry shall establish a schedule for the reimbursement of the costs of analyses carried out by laboratories of inspections for the purposes of the inspection referred to in Article 3 (4) (b).
Transitional and repeal provisions
Producers of saponate or washing products which started production before the date of entry into force of this Act shall be required to notify the start of production pursuant to Article 10 (2) no later than 6 months after the date of entry into force of this Act.
Proceedings initiated and not completed before the date of entry into force of this Act shall be completed in accordance with existing legislation.
In the legal relations in which the Czech Agricultural and Food Inspection has performed and acted under the current legislation, the State Agricultural and Food Inspection has been acting since the entry into force of this Act.
(1) The Czech Agricultural and Food Inspection Authority is hereby repealed.
(2) The rights and obligations of the Czech Agricultural and Food Inspection Office, including the rights and obligations arising from employment relations, go from the date of entry into force of this Act to the State Agricultural and Food Inspection Office.
Act No. 63 / 1986 Coll., on Czech Agricultural and Food Inspection, as amended, is repealed.
Other laws have been amended by these provisions.
EFFECTIVE
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Regulation Information
| Citation | Full text of Act No. 223 / 2008 Coll., Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2008 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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