Full version of Act No. 456 / 2004 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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Declared full text
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05.08.2004
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456
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as follows 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. and Act No. 316 / 2004 Coll.
THE LAW
on foodstuffs and tobacco products
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) The purpose of the Act is to establish, in accordance with the law of the European Communities (1) and on the basis of the immediately binding provisions of the European Communities (1a), the obligations of food business operators and persons producing or putting into circulation tobacco products, (1b) and to regulate State supervision of compliance with the obligations arising from that Act and the immediately binding provisions of the European Communities. (1a)
(2) The purpose of this Act is also to provide for an obligation for business1b) to report stocks of 1c) food or agricultural products provided for in the immediately binding provisions of the European Community1d) (hereinafter referred to as "stocks") and to regulate 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 shall be laid down in specific legislation. (e)
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 a medical2) and narcotic or psychotropic substances; (2a) additives, auxiliary substances and flavourings intended for sale to the consumer for consumption shall also be considered as food under this law,
(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") food or ingredients produced and put into circulation in accordance with the provisions of the immediately binding Regulation of the European Communities, 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 products, 2c)
(f) food which satisfies the chemical, physical and microbiological health requirements laid down in this Act, the Decree or which is put into circulation with the consent of the Ministry of Health pursuant to Article 11 (2) (b);
(g) a quality set of characteristics of each species, group and sub-group of foodstuffs and tobacco products, the limits of which are laid down in this Act and the Decree;
(h) the food type of the food which has the same basic characteristics;
(i) nutritional factors (vitamins, minerals, amino acids, specific fatty acids and other substances) having significant biological effect by food supplements;
(j) food supplements intended for direct consumption which are distinguished from foods for normal consumption by a high level of vitamins, minerals or other substances having nutritional or physiological effect and which have been produced to supplement the standard diet of the consumer to a level that adversely affects his health;
(k) 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,
(l) food flavourings, substances used and intended to give food a fragrance or taste which a food would not or would not have a characteristic intensity when added to a food;
(m) 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,
(n) contaminants which have entered into food unintentionally during the manufacture, processing, packaging, transport or storage, except for mechanical pollutants, microbes, live or dead pests and parts of their bodies;
(o) 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 points (h) to (k) 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 is not considered as food production, 3)
(p) 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 customs clearance,
(q) the date of application of the date ending the period during which the perishable food, while respecting storage conditions, retains its specific characteristics and meets the health requirements and may not be put into circulation;
(r) 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;
(s) the original use of the food by the use specified by the manufacturer;
(t) 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;
(u) lots of species-identical units produced under the same conditions,
(v) tobacco products manufactured from tobacco, including genetically modified tobacco;
(w) the nutrition claim of the claim, indication, representation or advertising statement which indicates, recommends or contains information on 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 means of the classification of carcases of animals for slaughter in the classes of quality laid down in a manner which is immediately binding on the European Communities (1a) and implementing legislation;
(z) food of unknown origin a food for which it is not possible to prove the manufacturer or the imported food to the country of origin and its producer.
Obligations of food business operators
(1) Food business operator 3a) is obliged to:
(a) to comply with obligations arising from the provisions of the European Communities, 3b)
(b) comply with the health, quality, transport, storage and putting into circulation of foodstuffs or raw materials for their production (hereinafter referred to as "raw materials") and with the technological and hygienic requirements laid down by this Act and the specific legislation (1e), (2c) or decisions of the competent authorities (1e), (2c), (3c) at all stages of production and putting into circulation, and use only heat-treated egg contents for the manufacture of non-treated foodstuffs;
(c) separate premises intended for the production and handling of food from other premises;
(d) ensure, in the manufacture and handling of foodstuffs, the hygiene conditions and requirements laid down by this law and by specific legislation, 1e), 2c)
(e) use only technical or technological equipment and technology in the manufacture and handling of foodstuffs to ensure the safety of foodstuffs;
(f) use only those articles and materials in direct contact with foodstuffs which comply with the requirements laid down in specific legislation, 1e)
(g) when using substances approved by a decision of the competent administrative authority pursuant to Article 3a, comply with the approved scope of labelling of such substances on the packaging of foodstuffs;
(h) 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 harmful and epidemiologically significant arthropods, rodents and other animals;
(i) adapt the focus, scope of production, import and export of foodstuffs under economic measures imposed in a state of crisis under specific legislation, 3d)
(j) identify, at all stages of production and putting into circulation, the technological sections (critical points) in which the greatest risk of a health breach is to be carried out in the manner laid down in the implementing act, 3e) carry out checks and records thereof,
(k) notify in writing or in a manner that allows the remote transmission of the dates of commencement and termination of the activity at the latest on the date of its commencement or termination, to the competent authority of the supervisory authority (2c), 3f), stating its name, surname and place of business, if any, of a natural person, or of a commercial firm and its registered office, if it is a legal person.
(2) The food business operator which produces food or raw materials (hereinafter referred to as "producer") is also obliged to:
(a) to obtain, for the production of packaged spring water, packed infant water and packaged natural mineral water, water from groundwater only and to adapt it in accordance with implementing legislation; 3g), 3h) Treatment of packaged spring water with ozone-enriched air by the food business operator intending to apply such treatment in the production of packaged spring water, shall report this to the competent authority of the State surveillance authority,
(b) use food supplements, additives and flavourings in the manufacture of foodstuffs so that their content, conditions and method of use in the product is consistent with the implementing legislation or decision of the competent administrative authority;
(c) use drinking water for direct technological processing or food preservation; (1e) other water, with the exception of the manufacture of foodstuffs of animal origin, may be used by the manufacturer for this purpose only with the consent of the public health authority. The request for consent shall indicate the results of the quality and health inspection 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,
(d) ensure, for manufactured foodstuffs, regular control of compliance with the requirements laid down in implementing legislation and technical requirements (3i) on health and quality and, at the time of radiological emergency (3c) on compliance with the requirements for maximum permitted levels of radioactive contamination of foodstuffs laid down by specific legislation, 3j) in the manner and to the extent laid down in the implementing legislation, and keep records thereof;
(e) comply with the health, purity and identity requirements of raw materials and substances laid down by specific legislation, 2c) by implementing legislation or by decision of the competent administrative authority issued under this law;
(f) ensure the supervision of compliance with the health requirements laid down, conduct regular training of staff, familiarise them with the hygiene conditions and requirements according to their working activities and keep records thereof.
(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 by specific legislation. 1e), 2c)
(4) The food business operator importing food or raw materials from third countries (the importer) shall:
(a) to submit to the customs authority a certificate for foodstuffs provided for in the immediately binding provisions of the European Community (3k) confirming that the food complies with those provisions; the certificate shall be issued by the competent authority in the country of origin of the food; This provision is without prejudice to requirements laid down in specific legislation, (2c)
(b) ensure control in the manner and under conditions provided that the immediately binding provisions of the European Communities (3) lay down additional requirements for the control of foodstuffs or raw materials in the country of destination;
(c) to submit a certificate to the customs authority at the time of radiological emergency (3c) in accordance with the provisions of the immediately binding regulation of the European Communities, 3l)
(d) to import the foodstuffs provided for in (a) only through the entry point which is the Office of the Customs Office of Prague D 5.
(5) On importation of food or raw materials from third countries referred to in paragraph 4, the customs authority shall:
(a) they shall not place such foodstuffs or raw materials under the customs procedure of free circulation unless the importer submits the relevant certificate issued in accordance with paragraph 4 which complies with the requirements of the immediately binding provisions of the European Communities, 3k)
(b) inform without delay the competent authority of State surveillance (§ 16) if the consignment, including its designation, does not correspond to the certificate submitted;
(c) request a binding opinion from the competent authorities of the State surveillance (3k), (3m) in the cases referred to in (a) and in the event of a reasonable suspicion that the consignment does not correspond to the certificate submitted;
(d) allow the competent authorities of the State surveillance to enter the customs territory where the importer requests a certificate from those authorities or the customs authority requests a binding opinion from the competent authorities of the State surveillance. 3m)
(6) The customs authority shall suspend the procedure for the release of foodstuffs or raw materials referred to in paragraph 4 or 5 for the customs procedure for free circulation and shall immediately request a binding opinion from the supervisory authorities, 3m) where the food or raw material has been reported in the rapid alert system; 3n) will subsequently take action in accordance with the Government Regulation (Paragraph 18 (2)).
(7) 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) submit to the customs authority at the time of radiological emergency (3c) a certificate in the territory of the Czech Republic that the exported food or raw material complies with the maximum permitted level of radioactive contamination; 3j) the certificate shall be issued on request by the competent supervisory authority (Section 16).
(8) Food or raw materials which do not comply with the maximum permitted radioactive contamination shall be handled in accordance with the decision of the supervisory authority (§ 16) in administrative management3o) issued on the basis of the opinion of the State Authority on Nuclear Safety. (c)
(9) In the case of the export or import of foodstuffs or raw materials referred to in paragraph 8, or foodstuffs or raw materials of unknown origin, the customs authority shall immediately notify the supervisory authority referred to in paragraph 8, which shall decide on the method of further handling of such foodstuffs or raw materials.
(10) A person who puts into circulation wild edible mushrooms 3p) intended for sale to the consumer or for further processing for food purposes must have a certificate proving knowledge of mushrooms and a business authorisation.
(11) 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 in accordance with specific legislation for issuing the certificate. 3r)
(12) 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.
(13) 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 the date of issue for persons over 65 years of age,
(d) the death of the person who acquired it.
Obligations of manufacturers and importers of certain additives
(1) The Ministry of Health may, at the request of the manufacturer or importer of an additive intended for the manufacture of foodstuffs and not covered by the implementing legislation, 3s or the food business operator, issue consent to its manufacture or use. The consent of the Ministry of Health shall be issued for a maximum period of 2 years.
(2) Without the consent of the Ministry of Health referred to in paragraph 1, additives other than those mentioned in Implementing Legislation (3s) may not be used for the manufacture of foodstuffs or put into circulation.
(3) The application referred to in paragraph 1 must 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) The manufacturer or importer of an additive to which approval has been given in accordance with paragraph 1 shall be required to inform the food business operators and the food service operators, 1e) who are taking the additive from it, the types of food to which the additive may be added, the conditions of its use and the manner and extent of labelling on the packaging as well as the cessation of the consent granted; food business operators and food service operators shall comply with these conditions and terminate the use of the additive when the consent is terminated.
(7) Addendum substances shall be continuously monitored and, if necessary, reassessed in the light of changing conditions of use and new scientific information.
(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 laid down by the Ministry of Agriculture (hereinafter referred to as "the Ministry") by decree.
Obligations of manufacturers and importers of certain foodstuffs intended for particular nutritional uses
(1) A manufacturer putting into circulation, for the first time, a food intended for particular nutritional uses, not covered by the implementing legislation, 3t) or an importer of a food for particular nutritional uses, not covered by an implementing legislation originating in third countries, is required to notify the Ministry of Health of its putting into circulation without delay by means of a sample of the label used for the labelling of such food.
(2) Where the same food for particular nutritional uses is not provided for in the implementing legislation, subsequently placed on the market in another Member State of the European Union, the manufacturer or importer shall provide the same information to the competent authority of that State at the same time as the addressee of the first communication referred to in paragraph 1.
(3) The Ministry of Health shall be entitled to require from the manufacturer or importer 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 a designation of the purpose of use. Where such professional verification is included in the available publication, it shall be sufficient for the manufacturer or importer to provide a reference to that publication.
(4) 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.
Obligations of manufacturers and importers of food supplements and food supplements for special medical purposes
(1) In order to facilitate effective monitoring of food supplements, manufacturers and importers of food supplements are required to inform the Ministry of Health by sending a sample of the label used for the labelling of such food. A sample of the label shall be sent before the food supplement is put into circulation.
(2) In order to facilitate the monitoring of compliance with the obligations laid down by this Act (Article 16) for the production and putting into circulation of foodstuffs for special medical purposes, the manufacturer or importer, if the food is produced in third countries, is required to notify their entry into circulation by means of a model of the label used for the labelling of that food. The notification shall be submitted by the State Agricultural and Food Inspection.
(3) The importer shall not have the obligation referred to in paragraph 1 or 2 if the re-import of the same food and the label sample are not modified.
Food irradiation
(1) Ultraviolet rays or ionising radiation may only be irradiated by food or raw materials provided for by implementing legislation, (4) only by sources of ionising radiation which have been approved for the irradiation of foodstuffs under specific legislation. 3c), 3j) The irradiation of food and raw materials must comply with the conditions laid down in the implementing legislation.4) Foodstuffs or raw materials not covered by the implementing legislation4) can only be irradiated with the consent and under the conditions laid down by the Ministry of Health.
(2) The person performing the irradiation of food and raw materials by ionising radiation must:
(a) nominally designate the natural person responsible for compliance with the conditions for irradiation laid down in the implementing legislation, 4)
(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) The irradiation of foodstuffs and raw materials by ionising radiation can only be performed if the procedure and method of irradiation have been decided at the request of the irradiation operator (hereinafter referred to as the "irradiation approval decision") by the State Agricultural and Food Inspection. (f) the application for a decision shall be subject to an administrative fee. 3r)
(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. 3c), 3j) The decision on the application referred to in paragraph 3 shall be governed by a special law. 3o) The State agricultural and food inspection may suspend or revoke the decision approving the irradiation plant if it ascertains the facts which are liable to threaten 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 meet the conditions and requirements laid down by law and implementing legislation, 4)
(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) The food business operator operating a slaughterhouse (4a) (hereinafter referred to as "slaughterhouse operator") which slaughters slaughter animals for slaughter is required to ensure the classification and labelling of carcases of animals for slaughter in the manner and to the extent provided for by immediately binding European Community4b) 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) 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 applicant's request and account, are only delivered for slaughter.
(4) The classification of the carcasses of animals for slaughter is carried out by natural persons in the manner and to the extent specified by the immediately binding provisions of the European Communities (4b) and by implementing legislation on the basis of a certificate of competence issued by the Ministry. The classifier shall issue a report on the classification carried out; the implementing legislation sets out a model of the classification protocol.
(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 specific legislation. (c)
(6) The person carrying out the classification referred to in paragraph 4 shall communicate in writing or in electronic form the results of the classification to the competent slaughterhouse operator where slaughter of the animals for slaughter has taken place. The slaughterhouse operator shall communicate the results of the classification to the supplier of the animals for slaughter and to the person responsible for managing the central register of animals in writing or in a way that allows the remote transmission of data, 4d) which shall process the results sent; the implementing legislation lays down the manner and extent of communication of the results of the classification.
(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 the animals (4d) for a period of 2 years.
(8) If the person carrying out the classification does not comply with the classification and labelling procedures laid down in the immediately binding provisions of the European Communities, (4b) The Ministry shall, on the recommendation of the supervisory authority, decide to withdraw the certificate of competence in administrative proceedings. 3o)
(9) The slaughterhouse operators referred to in paragraph 2 (a) or (c) shall notify the Ministry in writing or electronically of the highest number of slaughtered slaughter animals to be slaughtered annually in the slaughterhouse concerned, no later than 1 August 2004 and no later than each change.
(10) Where the maximum number of slaughtered animals reported in accordance with paragraph 9 is exceeded, the slaughterhouse operator shall not be subject to the provisions of paragraph 2 (a) and (c).
(11) 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 foodstuffs, 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 importer, or the seller or packer, if it is a legal person, and indicating its name and last 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) indication of nutritional (nutritional) value for 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);
(n) indication of the quality class provided for in implementing legislation, 3p), 6e)
(o) other information under specific legislation. (c)
(2) Packaging, the largest surface area of which is less than 10 cm2, and glass bottles intended for repeated use, which are indelibly labelled and which for this reason are not labelled with neck or sleeve labels, 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 food may be indicated on the packaging only if the requirements laid down in the specific legislation have been met. (b)
(4) Where packaging intended for domestic consumers is concerned, the particulars referred to in paragraphs 1, 2, 5 and 6 shall be given in the Czech language, 6c) except for the trade name of the food and data which cannot be clearly expressed in the Czech language.
(5) Foods of a new type shall be labelled on the packaging intended for consumers with the particulars referred to in paragraph 1 and the particulars provided for in the immediately binding provisions of the European Communities. 6d)
(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;
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Regulation Information
| Citation | Full text of Act No. 456 / 2004 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 | 05.08.2004 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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