Decree No. 282 / 2016 Coll.
Decree on food requirements for which advertising is permitted and which can be offered for sale and sold in schools and school establishments
Valid
Order
Effective from 20.09.2016
282
DECLARATION
of 29 August 2016
on requirements for foods for which advertising is permissible and which may be offered for sale and sold in schools and educational establishments
The Ministry of Education, Youth and Sports and the Ministry of Health provides for Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended by Act No. 82 / 2015 Coll. and Act No. 178 / 2016 Coll.:
Subject matter
This Decree regulates the requirements for foods for which advertising is permissible and which can be offered for sale and sold in schools and educational establishments, and also provides for exceptions under which, where justified, foods which do not meet the requirements laid down in that Decree may be offered for sale or sold to pupils until compulsory schooling. This decree does not apply to school meals under other legislation1).
Food requirements
(1) In schools and educational establishments, foods may be offered for sale, sold or advertised for foodstuffs which meet the requirements set out in the Annex to this Decree and which:
(a) do not contain sweeteners (2) except sugar-free chewing gum or caffeine, not including tea-3) and soft drinks with tea extract;
(b) do not contain trans fatty acids (4) originating from partially solidified fats,
(c) are not an energy or encouraging drink or food intended for athletes or persons with increased physical performance (5); or
(d) are not modified by frying or grilling.
(2) In schools and school establishments, it is also possible to offer for sale, sell or place advertising on
(a) unprocessed fruit and unprocessed vegetables, meaning fruit and vegetables which have not undergone any adjustment resulting in a substantial change in their original state; such modifications shall not be considered as washing, peeling, cutting, cutting, cutting, blending, crushing, grinding or packaging; or
(b) fruit and vegetable juices and nectary6).
Foodstuffs which do not comply with the requirements laid down in this Decree may be offered for sale or sold in schools and educational establishments in the case of sale
(a) on premises where education or provision of schoolservices is carried out (7) only to pupils who have completed compulsory schooling and students;
(b) on premises which are exclusively addressed to adult persons and to which children or pupils do not have permanent access until compulsory education is completed;
(c) in connection with practical teaching; or
(d) in the framework of an activity which takes place outside the period of training or provision of educational services.
Technical Regulation
This Decree was notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical and information society services.
Transitional provisions
1. Foods which do not meet the requirements laid down in this Order obtained by the seller before the date of entry into force of this Order may be offered for sale and sold at the premises of the school and the school establishment by the first day of the fourth month following the date of entry into force of this Order.
2. Milk and milk products for which aid is granted under another legislation (8) and which do not comply with the requirements laid down in this Decree may be offered for sale, sale or placement in schools and educational establishments by 31 July 2017.
Efficacy
This decree shall take effect on the 15th day following its publication.
Minister for Education, Youth and Sports:
Mgr. Valachová, Ph.D., v. r.
Minister for Health:
MUDr.
Annex to Decree No 282 / 2016 Coll.
Requirements for foods for which advertising is permissible and which may be offered for sale and sold in schools and educational establishments
| Kategorie potravin | Nejvyšší přípustná hodnota (g/100 g nebo g/100 ml) | |||
|---|---|---|---|---|
| sůl9) | tuky | cukry10) | ||
| zpracované ovoce a zelenina za předpokladu minimálního obsahu 50 g ovoce nebo zeleniny ve 100 g, případně 100 ml hotového výrobku | 0,5 | bez přídavku cukru11) | ||
| suché skořápkové plody12), olejnatá semena13), luštěniny13) a výrobky z nich | bez přídavku sodíku / soli11) | bez přídavku cukru11) | ||
| masné výrobky a výrobky z vajec14) za předpokladu minimálního obsahu 10% hmot. čisté svalové bílkoviny v hotovém masném výrobku nebo 50 g vajec ve 100 g hotového výrobku z vajec | 2,1 | 15,0 | ||
| výrobky z produktů rybolovu a akvakultury15) za předpokladu minimálního obsahu 50 g masa z nich ve 100 g hotového výrobku | 2,1 | 30,0 | ||
| ochucené a neochucené mléčné výrobky16) | mléko | 0,5 | 5,0 | 11,0 |
| kysané nebo zakysané mléčné výrobky | 0,5 | 5,0 | 11,0 | |
| tvarohy | 0,5 | 10,0 | 11,0 | |
| sýry | 2,5 | 30,0 | ||
| pekařské výrobky17) | chléb | 1,8 | 10,0 | 5,0 |
| běžné pečivo | 2,0 | 8,2 | 5,0 | |
| jemné pečivo | 1,3 | 15,0 | 20,0 | |
| nealkoholické nápoje18) | 5,0 | |||
| balené i nebalené obložené pekařské výrobky | 2,5 | 20,0 | 10,0 | |
| ostatní potraviny | 1,0 | 5,019) | 10,0 | |
The use of mayonnaise 20), dressing 21), mustard 21), ketchup 12), oils and fats 22) in the preparation of packaged and unpacked baker's products is permitted. Offers of mayonnaise 20), dressing 21), mustard 21), ketchup 12), oils and fats 22) are not allowed for the purpose of seasoning purchased by the consumer himself at the point of sale.
1) Decree No. 107 / 2005 Coll., on school meals, as amended.
2) Regulation (EC) No 1333 / 2008 of the European Parliament and of the Council of 16 December 2008 on food additives.
3) § 1 (a) of Decree No. 330 / 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 tea, coffee and coffee.
4) Point 4 of Annex I to Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924 / 2006 and (EC) No 1925 / 2006 of the European Parliament and of the Council and repealing Commission Directive 87 / 250 / EEC, Council Directive 90 / 496 / EEC, Commission Directive 1999 / 10 / EC, Directive 2000 / 13 / EC of the European Parliament and of the Council, Commission Directives 2002 / 67 / EC and 2008 / 5 / EC and Commission Regulation (EC) No 608 / 2004.
5) Decree No. 54 / 2004 Coll., on foodstuffs intended for particular nutritional uses and their method of use, as amended.
6) § 1 (d), (f) and (j) of Decree No. 335 / 1997 Coll., implementing § 18 (a), (d), (h), (i), (j) and (k) of Act No. 110 / 1997 Coll., on foodstuffs and tobacco products and amending and supplementing certain related laws, for non-alcoholic beverages and concentrates for the preparation of non-alcoholic beverages, fruit wines, other wines and mead, beer, drinking alcohol, spirits and other alcoholic beverages, fermented vinegar and yeast, as amended.
7) Paragraph 7 (4) of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education, as amended.
8) Government Regulation No. 205 / 2004 Coll., laying down, within the framework of the common organisation of the market in milk and milk products, detailed conditions for the granting of support and national support for the consumption of milk and milk products to pupils carrying out compulsory schooling in schools included in the school network, as amended. Commission Regulation (EC) No 657 / 2008 of 10 July 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 as regards Community aid for the provision of milk and certain milk products to pupils in schools.
8) Point 8 of Annex I to Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.
9) Point 11 of Annex I to Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.
10) Point 8 of Annex I to Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.
11) The Annex to Regulation (EC) No 1924 / 2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods.
12) Decree No. 157 / 2003 Coll., laying down the requirements for fresh fruit and fresh vegetables, processed fruit and processed vegetables, dry nuts, mushrooms, potatoes and their products, as well as other labelling methods, as amended.
13) Decree No. 329 / 1997 Coll., implementing § 18 (a), (b), (e), (f), (g) and (h) of Act No. 110 / 1997 Coll., on foodstuffs and tobacco products and amending and supplementing certain related laws, for starch and starch products, leguminous and oil seeds, as amended.
14) Commission Regulation (EC) No 589 / 2008 of 23 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 as regards marketing standards for eggs.
15) Regulation (EU) No 1379 / 2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products and amending Council Regulations (EC) No 1184 / 2006 and (EC) No 1224 / 2009 and repealing Council Regulation (EC) No 104 / 2000, as amended. COUNCIL REGULATION (EEC) No 1536 / 92 of 9 June 1992 laying down common marketing standards for preserved tuna and tuna. Council Regulation (EEC) No 2136 / 89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade names for preserved sardines and sardines-type products, as amended.
16) Annex VII Part III to Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922 / 72, (EEC) No 234 / 79, (EC) No 1037 / 2001 and (EC) No 1234 / 2007. Decree No. 397 / 2016 Coll., on the requirements for milk and milk products, frozen creams and edible fats and oils.
17) Decree No. 333 / 1997 Coll., implementing § 18 (a), (b), (g) and (h) of Act No. 110 / 1997 Coll., on foodstuffs and tobacco products and amending and supplementing certain related laws, for grain mill products, pasta, bakery products and pastry products and dough, as amended.
18) Decree No. 335 / 1997 Coll. Decree No. 275 / 2004 Coll., on the quality and health requirements of packaged waters and their presentation, as amended by Decree No. 404 / 2006 Coll.
19) Point 3 of Annex I to Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council.
20) Decree No. 69 / 2016 Coll., on the requirements for meat, meat products, fishery and aquaculture products and products thereof, eggs and products thereof.
21) Decree No. 398 / 2016 Coll., on the requirements for spices, edible salt, dehydrated products, flavourings, cold sauces, dressing and mustard.
(22) Appendix II to Regulation (EC) No 1308 / 2013 of the European Parliament and of the Council.
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Regulation Information
| Citation | Decree No. 282 / 2016 Coll., on the requirements for foods for which advertising is permitted and which can be offered for sale and sold in schools and educational establishments |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.09.2016 |
|---|---|
| Effective from | 20.09.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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