Act No. 33 / 2011 Coll.
Act amending Act No. 91 / 1996 Coll., on Feed, as amended
Valid
Effective from 01.03.2011
33
THE LAW
of 26 January 2011
amending Act No. 91 / 1996 Coll., on feedingstuffs, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 91 / 1996 Coll., on Feed, as amended by Act No. 244 / 2000 Coll., Act No. 147 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 21 / 2004 Coll., Act No. 444 / 2005 Coll., Act No. 553 / 2005 Coll., Act No. 214 / 2007 Coll., Act No. 227 / 2009 Coll. and Act No. 281 / 2009 Coll., is amended as follows:
1. In Paragraph 1 (1), the word "certain 'shall be inserted after the word" lays down' and the words "circulation 'shall be replaced by the words" on the market'.
2. footnotes 1 and 1a read:
"(1) Article 6 of Commission Directive 98 / 51 / EC of 9 July 1998 laying down certain measures for the implementation of Council Directive 95 / 69 / EC laying down the conditions and procedures for the approval and registration of certain establishments and suppliers operating in the feed sector. Directive 2002 / 32 / EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed, as amended. Commission Directive 2002 / 63 / EC of 11 July 2002 laying down Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79 / 700 / EEC. Commission Directive 2008 / 38 / EC of 5 March 2008 establishing a list of intended uses of feed for particular nutritional purposes, as amended.
(1a) Regulation (EC) No 2377 / 90 of the European Parliament and of the Council of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin, as amended. Regulation (EC) No 999 / 2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as amended. Regulation (EC) No 178 / 2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, as amended. Regulation (EC) No 1774 / 2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption, as amended. Regulation (EC) No 1829 / 2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed. Regulation (EC) No 1830 / 2003 of the European Parliament and of the Council of 22 September 2003 on the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001 / 18 / EC. Regulation (EC) No 1831 / 2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition. Regulation (EC) No 882 / 2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, as amended. Regulation (EC) No 183 / 2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements on feed hygiene. Regulation (EC) No 396 / 2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91 / 414 / EEC, as amended. Commission Regulation (EC) No 429 / 2008 of 25 April 2008 on detailed rules for the application of Regulation (EC) No 1831 / 2003 of the European Parliament and of the Council as regards the preparation and submission of applications and the evaluation and authorisation of additives. Commission Regulation (EC) No 152 / 2009 of 27 January 2009 laying down methods of sampling and analysis for the official control of feedingstuffs. Regulation (EC) No 767 / 2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending Regulation (EC) No 1831 / 2003 and repealing Council Directive 79 / 373 / EEC, Commission Directive 80 / 511 / EEC, Council Directives 82 / 471 / EEC, 83 / 228 / EEC, 93 / 74 / EEC, 93 / 113 / EC and 96 / 25 / EC and Commission Decision 2004 / 217 / EC. Commission Regulation (EC) No 669 / 2009 of 24 July 2009 implementing Regulation (EC) No 882 / 2004 of the European Parliament and of the Council as regards increased official controls on imports of certain feed and food of non-animal origin and amending Decision 2006 / 504 / EC, as amended by Commission Regulation (EU) No 212 / 2010. Regulation (EC) No 1069 / 2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules concerning animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774 / 2002 (Animal by-products Regulation). Commission Regulation (EC) No 1135 / 2009 of 25 November 2009 laying down special conditions governing imports of certain products originating in or consigned from China and repealing Commission Decision 2008 / 798 / EC. Commission Regulation (EU) No 258 / 2010 of 25 March 2010 imposing special conditions governing imports of guar gum originating in or consigned from India due to contamination risks with pentachlorophenol and dioxins and repealing Decision 2008 / 352 / EC. '
3. Paragraph 2 (1) reads as follows:
"(1) This law means:
(a) an undesirable substance, a substance or a product, present on the surface or in products intended for animal feed which present a potential risk to animal health, human health or the environment and which may have an adverse effect on animal production, with the exception of pathogenic agents;
(b) a minimum period of time which must elapse from the end of the feed intake containing a specific additive for which that period is fixed until the slaughter of the animal or the start of production of animal products intended for human food, in order to ensure that they do not contain residues of additives in quantities exceeding the maximum limits laid down in veterinary law (2a) and European Community provisions;
(c) a conditionally applicable feed, additive or premixture feed, additive or premixture which does not comply with any of the requirements laid down in this Act, implementing legislation adopted for its implementation or European Community provisions and which cannot be used for that purpose for the original purpose, provided that such feed, additive or premixture maintains its health,
(d) degraded feed, additive or premixtures feed, additive or premixtures, unfit for animal feed,
(e) biological testing for the determination of the efficacy and safety of feed or feed additive,
(f) by the supplier, the legal or natural person holding, handling or placing on the market feed, additive or premixtures;
(g) by a distributor, a legal or natural person who mediates the placing on the market of feed, feed additive or premixture without holding the product in question. "
4. in Article 2 (2), points (a), (h) and (i) are deleted;
Points (b) to (g) and (j) shall be renumbered (a) to (g).
5. in Article 2 (2) (a) (1), the words "prohibited substances" shall be replaced by the words "prohibited materials" and the words "where appropriate products" shall be deleted;
6. in Article 2 (2) (a) (2), the word "substances" and the words "prohibited substances" shall be inserted after the word "undesirable substances";
7. In Article 2 (2) (c), the words "into circulation or into circulation 'are replaced by the words" to the market or to the market'.
8. Paragraph 3 (1) reads as follows:
"(1) In the manufacture, placing on the market and use of feed, the feed business operator (2c) (hereinafter referred to as" the operator ') shall comply with the levels and limits of undesirable substances in order to ensure the health of 2d). Products for feeding containing an undesirable substance higher than the maximum level for their content shall not be mixed by the operator for dilution with the same or other feed products.';
9. in Article 3, paragraphs 2, 4 and 8 are deleted;
Paragraphs 3, 5, 6, 7 and 9 shall be renumbered paragraphs 2 to 6.
10. in Article 3 (3):
"(3) For the production of feed, feed additives and premixtures and for animal feeding, the operator shall not use products for feeding containing undesirable substances if they exceed the limits laid down in the implementing legislation or containing foreign objects which may endanger animal health or live storage pests, the list of which shall be laid down in the implementing legislation. ';
11. in Article 3, the following paragraph 6 is inserted after paragraph 5, including footnote 16:
"(6) Imports of feed products required by European Community16 shall be declared in advance by the operator to the Central Control and Testing Institute (hereinafter referred to as the Institute).
16) For example Annex I Commission Regulation (EC) No 669 / 2009, Article 3 of Commission Regulation (EC) No 1135 / 2009, Article 1 of Commission Regulation (EU) No 258 / 2010. '
Paragraph 6 shall become paragraph 7.
12. in Article 3 (7), points (a), (d), (f) and (g) are deleted;
Points (b), (c), (e), (h) and (i) shall be renumbered as points (a) to (e).
13. in Article 3 (7) (e), the words "including analytical and technological tolerances" shall be deleted and the words "except for additives covered by the directly applicable provisions of the European Communities" shall be added at the end of the text;
footnote 3b is replaced by the following:
"(3b) For example, Commission Regulation (EC) No 102 / 2009 concerning the permanent authorisation of an additive, Commission Regulation (EC) No 214 / 2009 amending Regulation (EC) No 1800 / 2004 as regards the conditions for authorisation of the additive Cycostat 66 G, Commission Regulation (EC) No 554 / 2008 concerning the authorisation of 6-phytase (Quantum Phytase) as a feed additive. '
Article 14 (3b) shall be deleted, including the title.
15. in Article 4 (1), the words "the Central Audit and Examination Institute of the Agricultural Institute (hereinafter referred to as the Institute" shall be replaced by "the Institute."
16. in Articles 3 (5), 6 (1), 6a (1), 16 (1) and 21a (1) and (2), the words "put into circulation" are replaced by the words "on the market."
17. in Articles 7 (1) (c) and 7 (4), the words "prohibited substances and products" shall be replaced by "prohibited materials."
18. Paragraph 10 (1), including footnote 17, reads as follows:
"(1) The Institute shall publish, in accordance with the European Community Regulation (17), a list of approved and registered establishments in a way that allows remote access.
17) Article 19 of Regulation (EC) No 183 / 2005 of the European Parliament and of the Council. '
19. Sections 11 to 13 are deleted.
20. In Article 17 (1), the part of the sentence behind the semicolon, including the semicolon, is deleted.
21. Paragraph 17 (9), including footnote 18, reads:
"(9) The Ministry shall determine by decree:
(a) the requirements for sampling for the official control of pesticide residues in feed products;
(b) the method of publication of the methods and methods of analysis for the official control of products for feeding, if not the methods laid down by the European Communities (18).
18) Commission Directive 2002 / 63 / EC. Article 7 and 11 of Regulation (EC) No 882 / 2004 of the European Parliament and of the Council. Commission Regulation (EC) No 152 / 2009. '
22. Paragraph 19 shall be deleted, including the title and footnote 13c.
23.
Administrative offences against legal persons and business natural persons
(1) A natural person who is a legal or legal person shall commit an administrative offence by carrying out the activities referred to in Article 4 (1) without the consent of the Institute.
(2) A legal or business natural person, as an operator, commits an administrative offence by:
(a) produce, use, import or market feed, feed additives or premixtures in breach of paragraphs 1 to 6 of Article 3;
(b) shall not notify the Institute of changes to the information contained in the application for approval pursuant to Article 4 (8);
(c) carry out the activities referred to in Article 5 (1) without registration of operations or notify no changes to the information contained in the application for registration pursuant to Article 5 (8);
(d) does not ensure any of the operating requirements referred to in Article 7 (1) (a) or (b);
(e) shall not ensure the separate storage of feed, additives or premixtures as referred to in Article 7 (1) (c);
(f) operate a mobile feed plant and shall not notify the place or time schedule for the production of feed referred to in Article 7 (2);
(g) in writing, does not establish, implement or comply with the procedures laid down in Article 7 (3);
(h) fails to make a notification or not to comply with Article 7 (4);
(i) does not keep records pursuant to Article 7 (5);
(j) fails to fulfil the obligation imposed by a special measure under Paragraph 18;
(k) produce or place on the market feed materials or products which have been obtained or modified by means of new technological processes or which do not yet have the character of feed without authorisation of their manufacture or placing on the market in accordance with Article 21a (2);
(l) in contravention of the directly applicable regulation of the European Communities governing the use and placing on the market of feedingstuffs (19), uses or places on the market feed, additives or premixtures which are not safe or have a direct adverse effect on the environment or animal welfare;
(m) does not ensure the labelling, presentation or packaging of feedingstuffs, additives or premixtures in accordance with European Community rules;
(n) non-storage of feed, additives or premixtures as referred to in Article 14 (1) or shall not ensure the implementation of disinfectant, disinfectant or exterminator as referred to in Article 14 (2);
(o) does not ensure the transport of feed, additives or premixtures in accordance with the provisions of the European Communities;
(p) it shall not adopt the appropriate hygiene measures provided for in the directly applicable Regulation of the European Communities (9c);
(q) in contravention of the provisions directly applicable to the European Communities relating to feed hygiene requirements, remove or use feed, feed additives or premixtures from unregistered or unapproved establishments (20); or
(r) infringes another obligation laid down by the provisions of the European Communities in the field of feed (1a).
(3) The laboratory operator shall commit an administrative offence by failing to comply with the sampling requirements laid down in Article 17 (8) or by not applying the methods set out for the procedure for testing.
(4) A fine shall be imposed for the administrative offence:
(a) 750 000 CZK, if it is an administrative offence under paragraph 2 (i) to (l);
(b) 500 000 CZK, if the administrative offence referred to in paragraph 1, paragraph 2 (a), (d), (e), (g), (h), (m) to (q) or paragraph 3,
(c) CZK 250,000 if it is an administrative offence referred to in paragraph 2 (b), (c), (f) or (r).
19) Article 3 (1) of Regulation (EC) No 767 / 2009 of the European Parliament and of the Council. Article 4 (1) of Regulation (EC) No 767 / 2009 of the European Parliament and of the Council.
20) Article 5 (6) of Regulation (EC) No 183 / 2005 of the European Parliament and of the Council. '
24. In Article 20 (1), the words "or the rules of the European Community21 'shall be inserted after the words" provided for by this Act'.
Footnote 21 reads as follows:
"(21) For example, Regulation (EC) No 767 / 2009 of the European Parliament and of the Council, Regulation (EC) No 1831 / 2003 of the European Parliament and of the Council."
25. in Article 21a (8), the words "implementing legislation in accordance with" shall be deleted and the reference to footnote 13e shall be added after the word "Community";
26. Footnote 13e:
"13e) Regulation (EC) No 1831 / 2003 of the European Parliament and of the Council. Commission Regulation (EC) No 429 / 2008. '
27. in Article 21a (9), point (b) is replaced by the dot and point (c) is deleted;
Transitional provision
Proceedings initiated before and until the date of entry into force of this Act and the rights and obligations relating thereto shall be assessed in accordance with Act No. 91 / 1996 Coll., on feedingstuffs, as effective by the date of entry into force of this Act.
Entitlement to declare the full text of the law
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 91 / 1996 Coll., on Feed, as is apparent from later Laws.
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 33 / 2011 Coll., amending Act No. 91 / 1996 Coll., on Feed, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.02.2011 |
|---|---|
| Effective from | 01.03.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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