Decree No. 445 / 2017 Coll.
Decree amending Decree No. 128 / 2009 Coll., on the adaptation of animal and public health requirements to certain food businesses in which animal products are treated, as amended by Decree No. 191 / 2013 Coll.
Valid
Order
Effective from 01.01.2018
Text versions:
01.01.2018
15.12.2017
445
DECLARATION
of 12 December 2017
amending Decree No. 128 / 2009 Coll., adapting the animal health and veterinary requirements for certain food businesses in which animal products are treated, as amended by Decree No. 191 / 2013 Coll.
The Ministry of Agriculture provides pursuant to Article 78 of Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended by Act No. 131 / 2003 Coll., Act No. 316 / 2004 Coll., Act No. 48 / 2006 Coll., Act No. 182 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 308 / 2011 Coll., Act No. 359 / 2012 Coll., Act No. 279 / 2013 Coll., Act No. 139 / 2014 Coll., and Act No. 264 / 2014 Coll., for the implementation of Section 22 (2) (a) of the Veterinary Act:
Decree No. 128 / 2009 Coll., on the adaptation of animal and public health requirements to certain food businesses in which animal products are treated, as amended by Decree No. 191 / 2013 Coll., is amended as follows:
1. Paragraph 10, including footnotes 17 to 24, reads as follows:
(1) A food business which processes within a marginal and limited activity on average 500 litres of milk of tubers, goats or sheep's milk per day, but not more than 1000 litres of milk within 48 hours after milking, may, unless otherwise specified, deliver, in the course of its retail activity, products from raw, dairy-free (unpasteurised) milk from animals from its own holding, or products from heat-treated (pasteurised) milk from animals from its own holding to another retailer which supplies such milk products directly to the final consumer or uses milk products supplied for the preparation of foodstuffs intended for direct administration to final consumers, provided that the quantity of products supplied to other retailers does not exceed 35% per week of the production of milk products of that food business.
(2) The food undertaking referred to in paragraph 1 may not supply the products referred to in paragraph 1 to an establishment providing catering services.
(a) in schools and schools registered in the school register (17);
(b) in facilities for social education and children requiring immediate assistance (18);
(c) in business establishments where the care of a child under the age of 3 years is under daily arrangements or education, teaching or extracurricular education of children over the age of 3 in a pre-school establishment;
(d) private schools or establishments serving vocational education19) not included in the register of schools and educational establishments;
(e) in childcare facilities (20), rehabilitation and other similar actions for children21), bed care providers (22), spa rehabilitation care (23), children's homes for children under the age of 3) and social services (24).
(3) Raw milk originating from animals meeting the requirements laid down in Annex III, Section IX, Chapter I, Part I to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council, after milking, shall be used for the manufacture of the products referred to in paragraph 1.
(a) the residue content of the inhibitors does not exceed the limit laid down in Annex III, Section IX, Chapter I, Part III, paragraph 4 to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council;
(b) Staphylococcus aureus does not exceed 500 cfu per ml when it comes to the manufacture of raw, non-cured milk products,
(c) the total number of micro-organisms does not exceed 100 000 per ml and the total number of somatic cells does not exceed 400 000 per ml if it is cow's milk; and
(d) the total number of micro-organisms does not exceed:
1. milk for the production of raw milk-free (unpasteurised) milk, 500 000 per ml if it is of a kind other than cow's milk; or
2. milk for the manufacture of heat treated (pasteurised) milk of 1 500 000 per ml, if it is of a kind other than cow's milk.
(4) A composite sample of raw milk after milking from all milked animals for the manufacture of the products referred to in paragraph 1 shall be examined on the basis of a hazard analysis and taking into account the previous results and trends thereof, in particular when the production of the products referred to in paragraph 1 is started and when any change in the method of extraction, treatment and processing of milk which could affect its health, but at least twice a year, at intervals of at least 2 months between the individual tests, in the light of the limits referred to in paragraph 3 (b) to (d).
(5) For the manufacture of the products referred to in paragraph 1, milk shall be used immediately before processing in addition to the requirements referred to in paragraph 3 (b). (a) and (b)
(a) in the case of cow's milk, it complies with the requirements laid down in Chapter II (III) (1) of Section IX of Annex III to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council; or
(b) if the milk of a species other than cows does not exceed the total number of micro-organisms in the case of:
1. raw, milk-treated (unpasteurised) milk products in 1 ml; or
2. products of heat treated (pasteurised) milk 4 500 000 in 1 ml.
17) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended.
18) Act No. 359 / 1999 Coll., on Social Protection of Children, as amended.
19) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
20) Act No. 247 / 2014 Coll., on the provision of childcare services in the child group and on the amendment of related laws.
21) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended.
22) Act No. 372 / 2011 Coll., on Health Services and Conditions of Provision, as amended.
23) Act No. 164 / 2001 Coll., on natural medical resources, sources of natural mineral waters, natural spa and spa places and on the amendment of certain related laws, as amended.
24) Act No. 108 / 2006 Coll., on Social Services, as amended. '
2. Article 11 shall be deleted;
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.
Efficacy
This Decision shall enter into force on 1 January 2018.
Minister:
Ing. Jurečka v. r.
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Regulation Information
| Citation | Decree No. 445 / 2017 Coll., amending Decree No. 128 / 2009 Coll., on the adaptation of animal health and veterinary requirements to certain food businesses in which animal products are treated, as amended by Decree No. 191 / 2013 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.12.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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