Act No. 306 / 2000 Coll.
Act amending Act No. 110 / 1997 Coll., on Food and Tobacco Products, and amending and supplementing certain related laws, as amended by Act No. 119 / 2000 Coll.
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Law
Effective from 01.01.2001
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306
THE LAW
of 4 August 2000
amending Act No. 110 / 1997 Coll., on Food and Tobacco Products, and amending and supplementing certain related acts, as amended by Act No. 119 / 2000 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended by Act No. 119 / 2000 Coll., is amended as follows:
1. In Article 1, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) 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 shall be laid down in specific legislation. (1a)
(1a) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws. '
2. in Article 2 (a), the words "drug (1) and narcotic or psychotropic substances, (2)" including footnote (1) and (2) shall be replaced by "drug (1) and narcotic or psychotropic substances; (2) additives, auxiliary substances and flavourings intended for sale to the consumer for consumption shall be considered as food under this law;"
footnotes 1 and 2 are as follows:
"1) Act No. 79 / 1997 Coll., on Medicines, and on the amendments and additions to certain related laws, as amended.
2) Act No. 167 / 1998 Coll., on addictive substances and amending certain other laws, as amended. '
3. in Article 2, the following point (c) is inserted after point (b), including footnote (2a):
"(c) foods or food ingredients of a new type (hereinafter referred to as" new type ") of foods or ingredients which have not yet been used to a significant extent in the Czech Republic for human consumption and which belong to the following groups:
1. Food containing genetically modified organisms, 2a)
2. food which has been produced from genetically modified organisms but no longer contains any specific food;
3. food containing a new or deliberately modified basic molecular structure,
4. food, consisting of or isolated from micro-organisms, fungi or algae;
5. Food consisting of or isolated from plants or animals, with the exception of plants or animals obtained by traditional breeding or breeding or reproduction procedures, which are considered to be health-friendly;
6. food produced by previously unused technological processes leading to significant changes in the structure of the food or composition affecting its nutritional value, metabolism or undesirable substance content;
2a) Act No. 153 / 2000 Coll., on the Treatment of Genetically Modified Organisms and Products and on the Modification of Certain Related Acts. '.
Points (c) to (u) shall be renumbered (d) to (v).
4. in Article 2 (i):
"(i) nutritional factors (vitamins, minerals, amino acids, specific fatty acids and other substances) with significant biological effect,"
5. in Article 2 (n), the words "and the provision of catering services 4) ', including footnote 4, are deleted;
6. In Section 2, the following words are added at the end of the text (o): "from the date of customs clearance '.
7. in § 2 (t):
"(t) lots of species-identical units which have been produced under the same conditions;"
8. In Article 2 (u), the word "imported 'is inserted after the word" purchases'.
9. In Section 2, the dot at the end is replaced by a comma and the following points (w) to (z) are added:
"(w) the nutrition claim of the claim, indication, representation or advertising statement which indicates, recommends or contains particulars of the particular nutritional characteristics of the food in relation to:
1. the energy value supplied by the food to a reduced or increased extent or not at all;
2. the content of the nutrients which the food contains or contains at an increased or reduced rate or at all;
the nutrition claim is not information on the type, quantity of nutrients or energy value;
(x) assertion of any statement which claims, suggests or leads to the conclusion that the food has specific characteristics, such as origin, character, processing, composition, nutritional characteristics,
(y) 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 relevant classes of quality according to the characteristics and characteristics laid down, their classification, their classification, the control of the treatment of carcases or half-carcases and the warm weight of the animals for slaughter,
(z) food of unknown origin food for which it is not possible to prove its producer or the imported food to the country of origin and its producer. ';
10. The heading under Article 3 reads: "Obligations of food producers and importers."
11. in Article 3 (1) (a), including footnote 7, the following shall be added:
"(a) comply with the health, quality, transport and storage requirements of foodstuffs and raw materials for their manufacture and with the technological requirements laid down in this Act, Decree and Specific Legislation (1a), (7) or by the competent administrative authorities and use only heat-treated egg contents in the manufacture of uncooked foodstuffs;
7) Act No. 166 / 1999 Coll., on veterinary care and amending certain related laws (Veterinary Act), as amended. '
12. in Article 3 (1) (c), the words "special laws (6), (7)" shall be replaced by the words "special laws (1a), (7)";
13. in Article 3 (1) (d), the words "water and raw materials," shall be deleted;
14. in Paragraph 3 (1) (f), including footnotes 9a and 9b:
"(f) ensure, for manufactured foods, regular control of compliance with the requirements laid down in implementing legislation and technical requirements (9) on health and quality, and at the time of the radiation accident (9a) on compliance with the requirements on maximum permitted levels of radionuclide contamination laid down by specific legislation, (9b) in the manner and to the extent laid down by the Decree and keeping records thereof,
9a) Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Law) and on the amendment and addition of certain laws, as amended.
9b) Decree No. 184 / 1997 Coll., on requirements for radiation protection. '
15. in Article 3 (1) (i):
"(i) use food supplements, additives, aids and flavourings in the manufacture of foodstuffs in such a way that their content, conditions and method of use in the product complies with the decree or decision of the competent administrative authority;"
16. in Article 3 (1), the following points (j) to (m) are added:
"(j) use drinking water for direct technological processing or food preservation; (1a) other water, with the exception of food of animal origin, may be used by the manufacturer for such purposes only with the consent of the public health authority. The application for approval shall indicate the results of the quality examination of the water and the justification for its use. The obligation to use drinking water shall not apply to water used for the transport or washing of agricultural products and raw materials which are further heat treated. However, this water must not adversely affect the health of the food,
(k) comply with the health, purity and identity requirements for raw materials and substances laid down by implementing legislation or by decision of the competent administrative authority issued under this law and by special legislation, 7)
(l) when using substances approved by a decision of the competent administrative authority in accordance with Article 3a, comply with the approved scope of labelling of those substances on the packaging of foodstuffs;
(m) keep a record of the protective disinsectisation carried out and of the protective extermination aimed at the disposal of disease agents and the increased presence of carriers of infectious diseases and of harmful and epidemiological arthropods, rodents and other animals. ';
17. in Paragraph 3 (2), including footnote 9 (c),
"(2) 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 by specific legislation. 1a), 7), 9c)
9c) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended. '
18. In Article 3, the following paragraph 3 is inserted after paragraph 2:
"(3) The manufacturer or importer may only produce or import food of a new type which does not pose a health hazard to consumers, does not deceive consumers and does not differ from the normal foods or food ingredients to be replaced by them, to the extent that their normal consumption would be nutritionally inconvenient for consumers. ';
Paragraph 3 shall become paragraph 4.
19. in Article 3, the following paragraph 5 is added:
"(5) Producers and importers of foodstuffs are obliged to adapt the focus and extent of the production or import of foodstuffs under economic measures imposed in a state of crisis under specific legislation. 10b)
10b) Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act). Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws. Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws. '
20. The following Section 3a is inserted after Section 3, including footnote 10c:
Obligations of manufacturers and importers of certain additives, aids and flavourings
(1) The manufacturer or importer of flavourings, additives or auxiliary substances not covered by the Decree and intended for food production is obliged to ask the Ministry of Health for approval to produce or import them. The Ministry of Health may specify in Decision 10c) the method and conditions of use of these substances and the extent of their labelling on external packaging.
(2) The application referred to in paragraph 1 shall contain:
(a) the specification of the substance and, where appropriate, the nature of the non-traditional source;
(b) technological justification;
(c) a dossier containing the facts necessary for the health assessment of the substance, in particular toxicity data with evidence that it does not breach the health of the food itself or the reaction or interaction with the food, packaging or other substances contained in the food and purity data;
(d) justification for the extent of use of the substance in food production;
(e) the method of use of the substance and its quantity used in the manufacture and, where appropriate, the quantity in the resulting product.
(3) The manufacturer or importer of the substance referred to in paragraph 1 shall indicate on the packaging intended for the food manufacturer the particulars referred to in Article 6 (1) (a) to (l) and the method and conditions of use specified in the decision referred to in paragraph 1.
10c) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations), as amended. '
21.
Food irradiation
(1) Ultraviolet rays or ionising radiation can only be irradiated by food and food ingredients as defined by the Decree. The irradiation of these foods and food ingredients must comply with the conditions laid down in the Decree. Other foods and food ingredients may only be irradiated with the consent and under the conditions laid down by the Ministry of Health.
(2) The person carrying out the irradiation of food and food ingredients by ionising radiation must:
(a) be competent for such activities;
(b) provide documentation on the method of exposure to foodstuffs, the type and quantity of irradiated food and food raw materials, the labelling of the batch, the client and the recipient of the irradiated food, the date of exposure, the packaging materials used during the exposure, the data used to control the irradiation process, including data on the continuous technological dosimetric control of the dose used with details including the limit, the lowest and highest absorbed dose of radiation and its nature, the reference to validation measurements, the indication of specific conditions for irradiation (e.g. temperature, internal atmosphere);
(c) keep the documentation referred to in (b) for 5 years.
(3) The importer may import foodstuffs and food ingredients treated with ionising radiation if:
(a) have been treated with ionising radiation in accordance with the conditions laid down in the Decree;
(b) the documents referred to in paragraph 2 (b) are accompanied. "
22. after Paragraph 4, the following Paragraph 4a is inserted:
Classification of animals for slaughter
(1) The slaughterhouse operator, 10d) which slaughter animals for slaughter, is required to ensure the classification of animals for slaughter, in particular pigs, bovine animals and sheep, in the manner and to the extent laid down in the Decree.
(2) The classification of pigs for slaughter is carried out by natural or legal persons in the manner and to the extent laid down in the Decree on the basis of a certificate of professional competence issued by the Ministry of Agriculture.
(3) The classification of bovine animals and sheep for slaughter is carried out by natural or legal persons in the manner and to the extent laid down in the Decree on the basis of a certificate of professional competence issued by the Ministry of Agriculture.
(4) Medical fitness, at least secondary education, 2 years of experience and successful training shall be the prerequisite for the issue of the certificate referred to in paragraph 2 or 3; the details are laid down in the Order.
(5) 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.
10d) Sections 22 and 23 of Act No. 166 / 1999 Coll. '.
23. in Section 5, point (a), including the introductory phrase:
"An entrepreneur who puts food or substances referred to in § 2 (i) to (l) into circulation shall be obliged to use only packaging and packaging materials which:
(a) protect the food from degradation and prevent confusion or change of content without opening or changing the packaging; ';
24. in Article 5, the dot at the end of point (b) is replaced by a comma and the following point (c) is added:
"(c) does not affect food in sensory or other ways."
25. in Article 6 (1) (a), including footnote 10 (e),
"(a) on behalf of the manufacturer or importer or, where appropriate, the seller (10e) and its registered office, if it is a legal person, and permanent residence or place of business, if it is a natural person. In the case of imported foodstuffs, the country of origin or origin of the food shall be indicated where the non-indication would mislead the consumer about the actual origin or origin of the food,
10e) § 2 of Act No. 634 / 1992 Coll., as amended. '
26. in Article 6 (1) (c), the words "unless otherwise specified" shall be inserted after the words "or by the weight."
27. in Article 6 (1) (d):
"(d) the date of application for the perishable food species and for the food types laid down in the Decree,"
28. Paragraph 6 (1) shall be replaced by a semicolon at the end of point (f) and the following shall be added: "If the food is concerned, where there would be a rapid deterioration of quality or health after the consumer has opened the packaging, the specific storage conditions for the consumer and, where appropriate, the period of consumption of the food, '.
29. in Article 6 (1), the following shall be added at the end of point (i): "flavourings and food supplements,"
30. in Article 6 (1) (l):
"(l) an indication of the treatment of foodstuffs or food ingredients by ionising radiation, in the words" irradiated "or" treated with ionising radiation "; in the case of the treatment of a food or food raw material which is an ingredient of a food, this indication shall be given next to the name of the food ingredient; ';
31. in Article 6 (1) (m):
"(m) indication of the nutritional (nutritional) value of foodstuffs on whose packaging the nutrition claim is indicated, in the cases provided for in the Decree or, where applicable, by a decision of the Ministry of Health issued pursuant to Article 11 (4),"
32. in Article 6 (1) (n), the words "even if the food is unpacked" shall be deleted;
33.In Article 6 (1), the following point (o) is added:
"(o) other data under special legislation.7) '.
34. in Article 6 (2), the words "or (e)" shall be replaced by "(e) and (o)."
35. in Article 6 (4), the words "paragraphs 1, 2 and 6" shall be inserted after the words "must be added."
36. In Article 6, the following paragraphs 5 and 6 are added:
"(5) Foods of a new type shall be labelled with the particulars referred to in paragraph 1 on the packaging intended for consumers. The packaging shall also bear:
(a) the method and the determination of use where a novel food differs from a normal food of the same name,
(b) the presence of a substance which is not present in normal food and which may affect the health of certain consumer groups;
(c) indication that the food contains genetically modified organisms or products under specific legislation, 2a)
(d) an indication that the food has been produced from genetically modified organisms where the implementing legislation so provides.
(6) The operator referred to in paragraph 1 shall indicate the external packaging in which the food is put into circulation, in particular the packaging of the transport and the group, the commercial name of the manufacturer or importer or, where applicable, the seller and his registered office, or, where applicable, the permanent residence or place of business referred to in paragraph 1 (a), the name of the foodstuff 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 the external packaging and the method of packaging, allowing it to be identified directly on the packaging of the food intended for consumers without their infringement. 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. ';
37. in Paragraph 8 (1):
"(1) An entrepreneur who puts unpackaged food into circulation shall:
(a) indicate the external packaging (transport, handling) with the data referred to in Article 6 (6);
(b) to communicate or document the information referred to in Article 6 (1) to another trader who puts food into circulation or to another manufacturer. "
38. in Paragraph 8 (2), "(l)" is replaced by "(l) and (n)."
39. In Paragraph 10 (1), the following shall be deleted at the end of point (b) and the following shall be added after the word "marked": "or offered for consumption in a misleading manner, 11), 11a)
11a) § 46 of the Commercial Code. '.
40. In Paragraph 10, the dot is replaced by a comma at the end of paragraph 1 and the following point (e) is added:
"(e) exceeding the maximum permitted levels of radionuclide contamination laid down by specific legislation. 9b) '.
41.Paragraph 11 (1) reads as follows:
"(1) An entrepreneur who puts food into circulation shall:
(a) to store foodstuffs or raw materials on premises and under conditions which allow their health and quality to be maintained;
(b) exclude direct contact of foodstuffs or raw materials with substances adversely affecting the health and quality of foodstuffs;
(c) keeping food and raw materials at the temperatures specified by the Order or declared by the manufacturer;
(d) separately place and clearly indicate the foodstuffs used for non-original use and the foodstuffs with an expired date of minimum durability;
(e) having regard to the nature of the food, to reduce, mutatis mutandis, the date of minimum durability or applicability on the packaging of the food, if it has been unpacked for the purpose of selling individual parts, and to lay down the conditions for its further preservation so as to avoid deterioration of the quality and health of the food,
(f) foodstuffs intended for particular nutritional uses and foodstuffs of a new type to be put into circulation only packaged. "
42.In the introductory sentence of Article 11 (2) (a), the words' when defects are detected 'shall be deleted.
43. In Paragraph 11 (2) (a), the following shall be added at the end of the text in point 5: "or otherwise damaged, deformed, contaminated or manifestly chemically or microbiologically disturbed."
44. in Article 11 (2) (b), the following shall be added at the end of point 1: "or not approved in accordance with Article 3a."
45. in Article 11 (2) (b) (2):
"2. not yet mentioned in the Decree laying down the health requirements of each type of food [§ 19 (a)] '.
46. in Article 11 (2) (b), the following points 4 and 5 are added:
"4. New type,
5. intended for particular nutritional uses, '
47. In Paragraph 11 (2), at the end of point (b), the words "laid down by decision" shall be inserted after the words "and under the conditions";
48. in Article 11 (2) (d), the words "and transport" shall be inserted after the words "sales."
49. in Article 11 (3), introductory words, including points (a) to (e), shall read:
"(3) An application for consent referred to in paragraph 2 (b) shall be submitted by the entrepreneur. The application shall contain:
(a) the composition of the food not covered by the decree or, where appropriate, the nature of the food source which is not traditional;
(b) documentation containing the facts necessary for the health assessment of the proposed food;
(c) a technological justification for the use of a substance not covered by the Decree in the manufacture of foodstuffs;
(d) the method of use of the food;
(e) for foodstuffs of a new type, a dossier confirming that the requirements laid down in Article 3 (3) are met; ';
50. in Article 11 (3), the following points (f) and (g) are added:
"(f) in the case of foodstuffs referred to in Article 2 (1) (a)," (b) and (c): (c) (1) proof that the genetically modified organism or product concerned has been entered in the list of genetically modified organisms and products approved for circulation in the Czech Republic under a specific legislation, 2a)
(g) in the case of foodstuffs referred to in Article 2 (1): (c) point 2 of the dossier certifying that the food has been produced from genetically modified organisms but no longer contains it. ';
51. Paragraph 11 (4) reads as follows:
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Regulation Information
| Citation | Act No. 306 / 2000 Coll., amending Act No. 110 / 1997 Coll., on Food and Tobacco Products, and amending and supplementing certain related acts, as amended by Act No. 119 / 2000 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.09.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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