Full text of Act No. 224 / 2008 Coll.
Full text of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as resulting from subsequent amendments
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30.06.2008
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224
PRESIDENT OF THE GOVERNMENT
announces the full text of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as resulting from the amendments made by Act No. 119 / 2000 Coll., Act No. 306 / 2000 Coll., Act No. 146 / 2002 Coll., Act No. 131 / 2003 Coll., Act No. 274 / 2003 Coll., Act No. 94 / 2004 Coll., Act No. 316 / 2004 Coll., Act No. 558 / 2004 Coll., Act No. 392 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 229 / 2006 Coll., Act No. 296 / 2007 Coll.
THE LAW
on foodstuffs and tobacco products
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) This Act implements the relevant provisions of the European Community1) and regulates the obligations of the food business operator (1b) and of the entrepreneur who manufactures or puts into circulation tobacco products, and regulates state supervision of compliance with the obligations arising from this Act and the directly applicable provisions of the European Community1a).
(2) The purpose of this Act is also to provide for an obligation for an entrepreneur to report stocks of 1c) food or agricultural products provided for in the directly applicable provisions of the European Communities (1d) (hereinafter referred to as "stocks") and to regulate the state supervision of compliance with that obligation.
(3) This law does not apply to food and drinking water. The conditions for the production and supply of drinking water and the conditions for the production and putting into circulation of dishes are laid down in specific legislation1e).
Basic concepts
For the purposes of this Act:
(a) food of a substance intended for human consumption in its unaltered or modified state as a food or drink, if not medication2) and narcotic or psychotropic substances 2a); additives, aids and flavourings intended for sale to the consumer for consumption are also considered as food under this Act,
(b) food of animal origin foodstuffs the main raw material of which is raw materials of animal origin,
(c) foods or food ingredients of a new type (hereinafter referred to as "new type") of foodstuffs or ingredients produced and put into circulation in accordance with the directly applicable European Community Regulation (2b);
(d) raw materials of agricultural, forest, marine and other products intended for the manufacture of foodstuffs and, where appropriate, food intended for further processing;
(e) raw materials of animal origin, all parts of the bodies of animals, birds, game, marine and freshwater animals, milk, eggs and bee products2c);
(f) food which satisfies the chemical, physical and microbiological health requirements laid down in this Act, directly applicable European Community legislation and implementing legislation, or which are put into circulation with the consent of the Ministry of Health, issued in accordance with § 3a (1) or § 11 (2) (b) (1),
(g) a quality set of characteristics of the different types, groups and sub-groups of foodstuffs and tobacco products, the limits of which are laid down by this law, by implementing legislation or by a directly applicable regulation of the European Communities;
(h) the food type of the food which has the same basic characteristics;
(i) a food supplement designed to supplement a standard diet and which is a concentrated source of vitamins and minerals or other substances with nutritional or physiological effect, contained in a food, separately or in combination, intended for direct consumption in small measured quantities;
(j) additives of substances, irrespective of their nutritional value, which are generally not used alone or as a food or as a characteristic food ingredient and which are added to foods when they are produced, packaged, transported or stored, thereby becoming themselves or may become part of the food,
(k) food flavourings, substances used and intended to give food a smell or taste which, without such substances, would not or would not have a characteristic intensity when added to the food;
(l) ingredients of substances used in the manufacture of foodstuffs for technological reasons; do not become part of the food but may be present in a trace toxicologically insignificant quantity in the final product,
(m) contaminants which have entered the food unintentionally during the manufacture, processing, packaging, transport or storage, except for mechanical pollutants, microbes, live or dead pests and parts of their bodies;
(n) the manufacture of foodstuffs for the cleaning, sorting, treatment, working or processing of raw materials or, where appropriate, the addition of other substances referred to in (i) to (l) or authorised under Article 11 (2) (b), including packaging and other modifications of the food for the purpose of putting into circulation; agricultural primary production shall not be considered as food production;
(o) marketing for sale, sale or other forms of marketing for consumption by putting into circulation; storage, transport for sale and import for sale from the date of release for free circulation,
(p) the date of application of the date ending the period during which the perishable food, while complying with storage conditions, retains its specific characteristics and fulfils the health requirements and may not be put into circulation;
(q) the date of minimum durability the date defining the minimum period during which the food retains its specific characteristics while complying with storage conditions and meets the health requirements;
(r) the original use of the food by the use specified by the manufacturer;
(s) foodstuffs which may be used for non-original uses of a food which is non-toxic but which do not satisfy the requirements for their initial use;
(t) lots of species-identical units produced under the same conditions;
(u) tobacco products manufactured from tobacco, including genetically modified tobacco;
(v) the classification of carcases of animals for slaughter (hereinafter referred to as the "classification of animals for slaughter") by the method of classification of carcases of animals for slaughter in the quality classes laid down in the manner directly applicable by the European Communities and by the implementing legislation;
(w) food of unknown origin food for which it is not possible to prove that the food has been imported to the country of origin and its producer.
Obligations of food business operators
(1) The food business operator shall:
(a) comply with sensory, physical, chemical and microbiological food quality requirements;
(b) comply at all stages of the production and putting into circulation of foodstuffs with technological and hygienic requirements, the manner and conditions of transport, storage and handling of foodstuffs;
(c) comply with the requirements for the content, conditions and method of use of vitamins, minerals and other substances having nutritional or physiological effect, as well as with additives, aids and flavourings;
(d) comply with the requirements for species and permitted levels of contaminants, pesticide residues, toxicologically relevant substances and substances resulting from the activities of micro-organisms in food and raw materials;
(e) ensure that the maximum levels of residues of veterinary medicinal products and bioactive substances used in animal production are not exceeded in foodstuffs;
(f) comply with the purity and identity requirements of substances referred to in § 2 (i) to (l), vitamins, minerals and other substances having nutritional or physiological effect;
(g) when using additives approved by a decision of the Ministry of Health pursuant to § 3a (1) or food supplements approved by a decision of the Ministry of Health pursuant to § 11 (2) (b) (1) to comply with the approved range of use and labelling of these substances on food packaging;
(h) provide the necessary number of employees and the corresponding technical equipment to ensure that the checks are carried out in accordance with the provisions directly applicable in the European Communities concerning imports of certain foodstuffs from third countries (3a);
(i) notify the competent supervisory authority in paper form or in a way that allows the remote transmission of the dates of commencement, modification or termination of the activity under this law at the latest on the date on which the facts occurred, indicating its name, surname or business name, business address and business address of the establishment, if it is a natural person, or business name, registered office and address of the establishment, if it is a legal person, identification number and business or business object.
(2) The food business operator producing food or raw materials is also obliged to:
(a) to obtain for the production of packaged spring water, packed infant water and packaged natural mineral water only from groundwater; the treatment of packaged spring water with ozone-enriched air by the food business operator shall be notified in advance to the competent authority of the State surveillance;
(b) ensure regular monitoring of compliance with the requirements laid down in this Act and technical requirements 3b) on the health and quality of the food produced and, at a time of radiological emergency, compliance with the requirements for the maximum permitted levels of radioactive contamination of foodstuffs laid down by the directly applicable European Community Regulation on maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or other case of radiological emergency (c) and keep records of checks carried out;
(c) use only heat-treated egg contents for the manufacture of uncooked foodstuffs.
(3) This law is without prejudice to the obligations to comply with the principles of personal and operational hygiene and the conditions for the performance of protective disinfection, disinsectisation and exertification laid down in specific legislation1e), 2c).
(4) The food business operator importing food or raw materials from countries other than the Member States of the European Union ("third countries') shall:
(a) where the provisions of the directly applicable regulation of the European Communities so provide, submit to the customs office a certificate issued by the competent authority of the third country confirming that the imported food or raw material complies with the requirements of this directly applicable regulation of the European Communities; This provision is without prejudice to the requirements laid down in veterinary law 2c),
(b) ensure that further checks are carried out on imported foodstuffs or raw materials, provided that they are provided for in the directly applicable provisions of the European Communities, in the manner, to the extent and under the conditions laid down therein;
(c) submit an export certificate to the customs office at the time of radiological emergency in accordance with the provisions of the directly applicable regulation of the European Communities governing the import conditions of foodstuffs or raw materials originating in third countries (3d).
(5) The food business operator shall:
(a) comply with the relevant conditions and the quality and health requirements of the food or raw material laid down by law, unless otherwise provided for by the rules in the country of destination or by an international treaty;
(b) notify the competent authority in the country of destination if the balanced food does not comply with the requirements of (a);
(c) to carry out exports of a foodstuff which does not comply with the quality requirements referred to in (a) only with the agreement of the competent authority in the country of destination; a food which does not comply with the health requirements referred to in point (a) and presents a risk to health cannot be exported even with the consent of the authority in the country of destination,
(d) to provide the customs office at the time of the radiological emergency in the territory of the Czech Republic with a certificate that the exported food or raw material complies with the maximum permitted level of radioactive contamination in accordance with the directly applicable provisions of the European Communities governing the maximum permitted levels of radioactive contamination of food and feed and the special conditions for the export of food and feed following a nuclear accident or other case of radiological emergency (3e);
(e) where the provisions of the directly applicable regulation of the European Communities so provide, submit to the customs office a certificate certifying that the exported food or raw material complies with the requirements of this directly applicable regulation of the European Communities.
(6) Foodstuffs or raw materials which do not comply with the maximum permitted radioactive contamination requirements shall be handled in accordance with the decision of the supervisory authority (§ 16), issued on the basis of the opinion of the State Authority on Nuclear Safety.
(7) In the case of the export or import of foodstuffs or raw materials referred to in paragraph 8, or of foodstuffs or raw materials of unknown origin, the customs office shall immediately notify the supervisory authority referred to in paragraph 6, which shall decide on the manner in which those foodstuffs or raw materials are to be handled.
(8) In order to put wild edible mushrooms into circulation for the purpose of their sale to the consumer or for further processing for food purposes, the food business operator shall have the competence to demonstrate by a certificate issued in accordance with paragraph 9.
(9) Certificates proving knowledge of fungi are issued by the Regional Sanitary Station1e (e) on the basis of a successful examination of the knowledge of fungi. The applicant shall pay an administrative fee for the issue of the certificate.
(10) Only an adult with a medical certificate for this activity may apply for a mushroom test. Medical fitness shall be certified by a practitioner with whom a person is registered for medical treatment; a specialist eye examination is included.
(11) The validity of certificates proving knowledge of mushrooms shall cease to exist.
(a) after a period of 10 years from the date of its issue, for persons under the age of 60;
(b) 5 years after the date of issue for persons between 60 and 65 years of age;
(c) two years after its date of issue for persons over 65.
Obligations of food business operators producing, importing or putting into circulation additives
(1) Additives other than those provided for in the implementing legislation may be used for the manufacture of foodstuffs, imported or put into circulation only with the consent of the Ministry of Health. The consent of the Ministry of Health shall be issued for a maximum period of 2 years. Consent shall not be given if, in respect of the same additive, another Member State of the European Union has requested the Commission of the European Communities to include it in the list of authorised additives and this application has been rejected or has not been decided upon within 18 months of its submission; for these reasons, the consent shall cease on the date on which the Ministry of Health informs the person who was given the consent under the first sentence. The notice of termination of consent shall be delivered to the addressee's own hands. The last sentence of paragraph 5 shall apply mutatis mutandis to the grant of new consent.
(2) The application is submitted to the Ministry of Health by the food business operator producing, importing or putting into circulation the additive.
(3) The application referred to in paragraph 2 shall contain:
(a) the specification of the additive and, where appropriate, the nature of the non-traditional source;
(b) technological justification;
(c) a dossier containing the elements necessary for the health assessment of the additive, in particular the results of toxicological testing, showing that the cumulative, synergistic or enhancer effect and the manifestations of intolerance of the organism to foreign substances, toxicity data with evidence that the additive does not affect the health of the food itself or the reaction or interaction with food, packaging or other substances and raw materials contained in the food, and data on the purity of the additive,
(d) the types of food to which the additive may be added and the conditions of its use, including the quantity in the resulting food and the justification for the extent of use of the additive in the manufacture of the food.
(4) In agreement, the Ministry of Health shall determine the types of food, including food intended for particular nutritional uses, to which the additive may be added and the conditions for its use; the method and extent of labelling of the additive on the packaging may also be specified in the consent. When deciding to give consent, the Ministry of Health shall take into account that the quantity of the additive is limited to the minimum necessary to achieve the desired effect and shall take into account the acceptable daily dose or estimate the likely intake of the additive from all sources.
(5) The Ministry of Health shall inform the Commission of the European Communities and the other Member States of the European Union of the consent on behalf of the Czech Republic within 2 months of the date of enforcement. Before the expiry of 2 years, the Ministry of Health may, on behalf of the Czech Republic, request the Commission of the European Communities to include a new additive in the list of authorised additives. The application shall state the supporting documents supporting the inclusion of the substance in the list and the use of the additive. If the Commission of the European Communities forward the proposal of the Czech Republic to the Council of the European Communities, the period of validity of the consent of the Ministry of Health shall be extended by the period necessary for the Council of the European Communities to decide, but for a maximum period of 18 months. If the Council of the European Communities accepts the proposal of the Czech Republic for the inclusion of the additive in the list, the consent period of the Ministry of Health shall be extended for an additional 18 months. If the Commission of the European Communities does not submit a proposal from the Czech Republic to a decision to the competent authority of the European Communities or decide to be included in the list within a specified time limit, the consent of the Ministry of Health, granted or extended under this provision, shall cease to exist on the date on which the Ministry of Health informs the person who has been given the consent pursuant to paragraph 1. For the same additive for which approval has been withdrawn, new consent may not be granted unless justified by scientific and technical progress since the expiry of the consent.
(6) Addendum substances shall be continuously monitored and, if necessary, reassessed in the light of changing conditions of use and new scientific information. The Ministry of Health shall, on its own initiative, amend the consent granted under paragraph 1 if the conditions of use of the additive are changed or if new information is found or existing information on the effect of the additive on human health is reviewed.
(7) Where an additive or its use in the manufacture of foodstuffs is liable to endanger human health, the Ministry of Health shall withdraw the consent granted under paragraph 1 from its own resources.
(8) In the decision referred to in paragraphs 6 and 7, the Ministry of Health shall determine the conditions and time limits for the sale or other consumption of the additive or food containing that additive.
(1) Entrepreneur pursuant to § 1 (2) is obliged to report to the local inspector of the State Agricultural and Food Inspectorate
(a) stocks recorded under special legislation21) on 1 May 2004;
(b) stocks for 2001, 2002 and 2003, on 1 May;
(c) the stocks of sugar, isoglucose, fructose and processed products also on 1 May 2000.
(2) The reporting obligation referred to in paragraph 1 (a) to (c) must be fulfilled by the entrepreneur referred to in Paragraph 1 (2) by 31 July 2004 at the latest; This does not apply to the stocks of sugar, isoglucose, fructose or processed products referred to in paragraph 1 (a) for which the trader must fulfil the reporting obligation within 10 days of the entry into force of this Act.
(3) In addition to the obligations referred to in paragraphs 1 and 2, the entrepreneur referred to in Article 1 (2) shall, by 31 July 2004 at the latest, notify the locally competent inspectorate of the State Agricultural and Food Inspection of the quantities of sugar, isoglucose, fructose and processed products which the entrepreneur:
(a) imported;
(b) exported,
(c) purchased on the domestic market,
(d) sold on the domestic market,
for the period 2000, 2001, 2002, 2003 and 2004, from 1 May to 30 April of the following year.
(4) The scope of the stocks, their formation and movements subject to reporting obligations under paragraphs 1 to 3 and the model form is determined by the Ministry of Agriculture (hereinafter referred to as "the Ministry") by decree.
Obligations of food business operators producing or importing foodstuffs intended for particular nutritional uses
(1) An operator of a food business which manufactures or imports from a third country a food intended for particular nutritional uses which is not provided for in the implementing legislation is required to send to the Ministry of Health and in a copy to the Ministry of Health the Czech text of the designation to be indicated on the packaging of the product before it is first put into circulation. The food business operator who first put such food into circulation in another Member State of the European Union shall also indicate in the notification the authority of that other Member State of the European Union which was informed first.
(2) The Ministry of Health shall be entitled to require from the food business operator who has made the notification referred to in paragraph 1 professional verification of the food notified, including indications that it is suitable for labelled nutritional purposes, complies with the labelled nutritional requirements, shall be identified in a manner specified by the implementing act or decision of the competent administrative authority and shall be placed on the market with the purpose of the use. Where such professional verification is included in the available publication, it shall be sufficient for the food business operator to provide a reference to that publication.
(3) The Ministry of Health shall be entitled to prohibit or restrict the putting into circulation of food for particular nutritional uses not covered by an implementing act which does not meet the labelling of nutritional purposes, is not marked by the procedure laid down by the implementing act or by the decision of the competent administrative authority, is not put into circulation with the designation of the purpose of use or endangers health, although it is in circulation in one or more Member States of the European Union, and shall decide to repeal the measure. This procedure and its reasons shall be immediately communicated to the other Member States of the European Union and to the Commission of the European Communities.
Information obligation of the food business operator
(1) An operator of a food business which produces or puts into circulation a food to which vitamins, minerals or other substances with nutritional or physiological effect (hereinafter referred to as "enriched food"), infant formula or food supplements have been added, is required to send to the Ministry of Health before they are first put into circulation, and in a copy to the Ministry, the Czech text of the labelling, which will appear on the packaging of the product and, in the case of enriched food, to the Ministry of Health and to the Ministry immediately provide information on the recall of the product.
(2) The food business operator who manufactures or imports from a third country a dietary food for special medical purposes is obliged to send the Czech text to the State Agriculture and Food Inspection on the packaging of the product before it is put into circulation.
(3) An operator of a food business which produces or puts into circulation a food whose labelling on packaging or advertising indicates a health claim is required
(a) send the Czech text of this claim to the Ministry of Health and in a copy to the Ministry of Health before the food is first put into circulation;
(b) at the request of the Ministry of Health, submit without delay the supporting documents and particulars in accordance with the provisions of the directly applicable regulation of the European Communities governing nutrition and health claims made in the labelling of foodstuffs (f).
(4) The food business operator who produces or puts into circulation a food whose labelling on packaging or advertising indicates a nutrition claim shall:
(a) before first putting such food into circulation, send the Czech text of this claim to the Ministry of Health and in a copy to the Ministry of Health,
(b) submit without delay, at the request of the Ministry, supporting documents and particulars in accordance with the provisions of the directly applicable regulation of the European Communities governing nutrition and health claims made on foods (f).
Food irradiation
(1) The conditions for the use of ultraviolet rays and ionising devices for the treatment of food and raw materials, the types of food and raw materials which can be treated in such a way, the highest overall average permitted doses of radiation to which each type of food and raw material may be exposed and the method of labelling of irradiated food on the packaging are laid down in implementing legislation. Foodstuffs not covered by the implementing legislation may be treated in accordance with the first sentence only with the consent of the Ministry of Health and under the conditions laid down therein.
(2) The person performing the irradiation of food and raw materials by ionising radiation must:
(a) specifically designate the natural person responsible for compliance with the conditions for irradiation laid down in the implementing legislation;
(b) keep, for each source of ionising radiation, documentation containing the method of exposure to food or raw material by species, their irradiated quantity, batch marking, name of the client and consignee of the irradiated food or raw material, date of exposure, type of packaging material used during exposure, data necessary to control the irradiation process, including data on continuous dosimetric control of the dose used, details including the limit, lowest and highest absorbed dose of radiation and its nature, reference to validation measurements, indication of specific conditions for irradiation,
(c) keep the documentation referred to in (b) for 5 years.
(3) Irradiation of food and raw materials by ionising radiation can only be carried out if the procedure and method of irradiation have been decided upon at the request of the operator of the irradiation facility (hereinafter referred to as the "Decision approving the irradiation facility") State agricultural and food inspection; the application for a decision shall be subject to an administrative fee.
(4) The application referred to in paragraph 3 shall include the name, surname, date of birth and place of residence of the applicant, if any, if the natural person, surname, date of birth and place of residence of the representative of the applicant, if any, or business name and registered office, name, surname and place of residence of the person who is the statutory authority of the legal person or persons who are its members, if the legal person, address of the irradiation facility and officially certified signature of the applicant. The application referred to in paragraph 3 shall be supported by the authorisation of the State Office for Nuclear Safety to handle the source of ionising radiation, including type approval of the source of ionising radiation, documentation setting out the critical points of the maximum permissible risk of potential food harm, the specification of sources of radiation and the sanitation rules. The details and model of the application referred to in paragraph 3 shall be laid down in the implementing legislation.
(5) A decision on the approval of the irradiation plant may be taken provided that the conditions for irradiation laid down by specific legislation have been fulfilled. The State agricultural and food inspection may suspend or revoke the decision approving the irradiation plant if it ascertains that they are liable to endanger or threaten its proper performance, or if it ascertains that the conditions and conditions for the proper execution of the irradiation approval decision are not met.
(6) The State agricultural and food inspection shall immediately inform the competent authority of the Commission of the European Communities of this fact after the decision on the approval of the irradiation plant has been taken and shall at the same time forward the documentation necessary for its approval for publication in the Official Journal of the European Communities. The national agricultural and food inspection shall also inform the competent authority of the Commission of the European Communities of any suspension or withdrawal of approval decisions.
(7) Imports of food or raw materials irradiated by ionising radiation from third countries may only be made on condition that:
(a) irradiated foodstuffs or raw materials comply with the conditions and requirements laid down by law and implementing legislation;
(b) have been irradiated in an irradiation facility approved by the competent authority of the Commission of the European Communities and appearing on the list of irradiation plants published in the Official Journal of the European Communities;
(c) the irradiated food shall be accompanied by documentation showing the name and address of the irradiation plant and other particulars referred to in paragraph 2.
(8) Foodstuffs or raw materials irradiated by ionising radiation in the Member States of the European Communities shall be accompanied, when put into circulation in the Czech Republic, by documentation showing the name and address of the authorised irradiation facility which has carried out the irradiation, by an indication of the mode of exposure of each type of food or raw material and their quantities.
Classification of carcasses
(1) An operator of a food business operating a slaughterhouse (hereinafter referred to as the "slaughterhouse operator") which slaughters animals for slaughter is required to ensure the classification and labelling of animals for slaughter in the manner and to the extent specified by the directly applicable provisions of the European Communities relating to the classification of animals for slaughter (4) and implementing legislation.
(2) Paragraph 1 shall not apply to operators of slaughterhouses which slaughter:
(a) an annual average of up to 100 pigs per week,
(b) only pigs born and fattened in their own breeding establishments and which have all been slaughtered;
(c) pigs for slaughter which, at the applicant's request, are only delivered for slaughter for captive consumption;
(d) adult bovine animals with an annual average of up to 20 head per week.
(3) The classification referred to in paragraph 1 does not apply to:
(a) sows, cryptorchids and boars serving for breeding purposes;
(b) adult bovine animals for slaughter which, at the request of the applicant, are only delivered for slaughter for captive consumption.
(4) The classification of animals for slaughter is carried out by a natural person on the basis of a certificate of competence issued by the Ministry (hereinafter referred to as the "classifier") in a manner and to the extent specified by the directly applicable provisions of the European Communities relating to the classification of animals for slaughter (4) and the implementing legislation. The classifier shall issue a report on the classification.
(5) The certificate referred to in paragraph 4 shall be subject to medical fitness, complete secondary education or full secondary vocational education and 2 years of experience, or to basic education and 6 years of experience in the field, training and examination; the order specifies the manner and extent of training, the composition of the examinations and the issue of the certificate, its duration and the extension of the certificate. Recognition of qualifications of citizens of the European Union is governed by this law and by special legislation4c).
(6) The classifier is required to communicate the results of the classification to the competent slaughterhouse operator in paper form or in a way that allows long-distance transmission of data. The slaughterhouse operator shall communicate the results of the classification to the supplier of the animals for slaughter and to the person authorised under the breeding law, in paper form or in a way that allows the remote transmission of data, by means of a central register of animals (5). The scope of the information on the results of the classification shall be determined by the implementing act.
(7) The documentation referred to in paragraph 6 shall be kept by the slaughterhouse operator for a period of 1 year and by the person responsible for managing the central register of animals for 2 years.
(8) The costs associated with the classification of animals for slaughter shall be borne equally by the supplier of animals for slaughter and by the slaughterhouse operator referred to in paragraph 1.
Food packaging
The food business operator who puts food or substances referred to in § 2 (i) to (l) into circulation shall only use packaging and packaging materials which:
(a) protect the food from degradation and prevent confusion or change of content without opening or changing packaging;
(b) comply with the requirements for articles and materials in direct contact with food (6);
(c) does not affect food in sensory or other ways.
Food labelling
(1) An operator of a food business that puts into circulation foodstuffs packed in production is required to indicate properly on the packaging intended for consumers or food service establishments, in accordance with the rules laid down by the Food Order,
(a) the name of the trading firm and the registered office of the manufacturer or seller established in the Member State of the European Union, or of the packer, if it is a legal person, and indicating its name and place of business, if it is a natural person. In the case of foodstuffs, the country of origin or origin of the food shall be indicated where the non-indication would mislead the consumer about the origin or origin of the food,
(b) the name of the species, group or subgroup of foodstuffs provided for in the order under which the food is put into circulation. A food which cannot be identified by a species, group or subgroup in relation to the raw materials or technology used shall be identified by a name derived from the basic raw material or technology used,
(c) an indication of the quantity of the product (volume of filling or weight, unless otherwise specified); the weight of the solid food shall be indicated in addition to the total weight of the solid food,
(d) the date of application for the perishable food species and for the food types laid down in the Decree;
(e) the date of application or the date of minimum durability other than (d) of those foodstuffs; the exemption consists of foods which do not need to be marked with the date of minimum durability under the Decree,
(f) an indication of the storage method, if it is foodstuffs for which, in the event of incorrect storage, the health or deterioration of the quality laid down in the order or declared by the manufacturer could be impaired; if there are foodstuffs for which there would be a rapid deterioration of quality or health after the consumer has opened the packaging, specific storage conditions for the consumer and, where appropriate, the time of consumption of the food,
(g) an indication of the method of use, if it is a food for which the health or quality provided for by the Order or declared by the manufacturer could be damaged in incorrect use;
(h) indication of the designation of the food for particular nutritional uses;
(i) an indication of the composition of the food according to the raw materials and additives used, flavourings and food supplements;
(j) the indication of the lot, if not for a foodstuff marked with the date of minimum durability or the date of application, if this date contains the day and month;
(k) data on the possibility of adverse effects on human health, where specific rules so provide;
(l) an indication of the treatment of a food or raw material by ionising radiation, in the words "ionised" or "treated by ionisation" or "treated by ionising radiation"; in the case of the treatment of a food or raw material which is an ingredient of a food, this indication shall be given next to the name of the food ingredient;
(m) the nutritional (nutritional) value of the foodstuffs on whose packaging the nutrition claim is indicated, in the cases provided for in the implementing act or in the directly applicable regulation of the European Communities;
(n) the indication of the quality class, where the implementing legislation so provides;
(o) other particulars, where provided for in veterinary law 2c).
(2) Packaging, the largest surface area of which is less than 10 cm2 and glass bottles intended for repeated use, which are indelibly marked and which for this reason do not bear the neck or sleeve label, must bear at least the particulars referred to in paragraph 1 (b), (c), (d), (e) and (o).
(3) The international symbol "e" for the indication of the quantity of a foodstuff may be indicated on the packaging only if the requirements laid down in specific legislation6b have been met.
(4) Where packaging is intended for domestic consumers, the particulars referred to in paragraphs 1, 2, 5 and 6 shall be indicated in the Czech language (6c), except for the commercial name of the food and data which cannot be clearly expressed in the Czech language.
(5) Foods or food ingredients of a new type shall be labelled on the packaging intended for consumers in accordance with paragraph 1 and the particulars laid down by the directly applicable provisions of the European Communities concerning novel foods or novel ingredients (6d). Foodstuffs or food ingredients which are or contain a genetically modified organism or which are produced from a genetically modified organism shall be labelled on the packaging intended for consumers in accordance with paragraph 1 and the particulars laid down by the directly applicable provisions of the European Communities concerning genetically modified food and feed 6e).
(6) The food business operator referred to in paragraph 1 shall indicate the external packaging in which the food is put into circulation, in particular transport and group packaging, as referred to in paragraph 1 (a), the name of the food referred to in paragraph 1 (b), the date of minimum durability or the date of application referred to in paragraph 1 (d) and (e), the indication of the treatment of the food by ionising radiation referred to in paragraph 1 (l), the quality class, provided that it is laid down by a decree, with the exception of external packaging and the method of packaging, enabling the information to be found directly on the packaging of the food intended for consumers without any breach. The date of minimum durability or the date of application may not be indicated on the outer packaging of foodstuffs where this is provided for in the Decree.
(7) Where a food in the consumer packaging is put into circulation before sale to the final consumer (possibly distributor or wholesale) or to the food service establishment, the packaging need not be labelled with the mandatory particulars referred to in paragraph 1. However, this information must be included in the accompanying dossier which is transmitted at the same time as or before the food is delivered.
(8) Foodstuffs from the countries of the European Communities marked with a name which is normally used for a longer period in the country of origin and for which the consumer is not in doubt for that reason, shall be considered satisfactory even if that name does not fully meet the requirements for the designation of the name of the foodstuff in question.
An operator of a food business offering for sale or selling to the consumer foodstuffs packaged outside the manufacturer's premises and without the presence of the consumer is required to mark the food with the following information:
(a) on behalf of the person who packed the food; in the case of a legal person, indicate its registered office, if it is a natural person, its permanent residence or its place of business;
(b) the name of the food referred to in Article 6 (1) (b);
(c) an indication of the quantity of the product (filling volume, weight),
(d) an indication of the composition of the food according to the raw materials and additives used, flavourings, vitamins, minerals and other substances having nutritional or physiological effect;
(e) indication of the country of origin or origin of the food where the non-indication would mislead the consumer about the origin or origin of the food;
(f) the particulars referred to in Article 6 (1) (d) or (e), (f) and (k);
(g) the quality class, if the Order so provides,
(h) other information, where provided for in the implementing legislation.
(1) An operator of a food business that puts unpackaged food into circulation is required to indicate the external packaging (transport, handling) with the data referred to in Article 6 (6) or to communicate or document the data referred to in Article 6 (1) to another food business operator.
(2) The food business operator referred to in paragraph 1 shall, where the food is directly offered for sale to the consumer, clearly place at least the written information referred to in Article 6 (1) (b), (c), (d) or (e), (k), (l) and (n) and other information provided for in implementing legislation.
The food labelling may use the conditional claims provided for in the Decree if they comply with the conditions laid down in that Decree.
Placing food in circulation
(1) The placing on the market of foodstuffs is prohibited
(a) other than health-friendly;
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Regulation Information
| Citation | Full version of Act No. 224 / 2008 Coll., Act No. 110 / 1997 Coll., on Food and Tobacco Products and on the amendment and addition 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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