Act of the Czech National Council No. 63 / 1986 Coll.
Act of the Czech National Council on Czech Agricultural and Food Inspection
Valid
Effective from 01.01.1987
63
THE LAW
Czech National Council
of 20 October 1986
on Czech Agricultural and Food Inspection
The Czech National Council decided on this law:
(1) The Czech Agricultural and Food Inspection Office is a body of state administration to the Ministry of Agriculture; be subdivided into the Central Inspectorate and its subordinate Regional Inspectorate.
(2) The head of the Czech Agricultural and Food Inspection is the Central Director, appointed, managed and dismissed by the Minister for Agriculture. The Head of the Regional Inspectorate shall be the Director managed by the Central Director.
(3) The seat of the Regional Inspectorate shall be determined by the Central Director.
(4) The Czech Agricultural and Food Inspection Agency is a budgetary organisation.
The Czech Agricultural and Food Inspection shall inspect, for natural and legal persons producing or putting into circulation ("controlled persons'), agricultural, soap, detergent or tobacco products (" products') and foodstuffs to the extent specified by the Specific Regulation, 1)
(a) whether such products and foodstuffs comply with the requirements laid down in specific provisions;
(b) whether the conditions laid down in specific provisions are complied with in the manufacture or putting into circulation of such products and foodstuffs;
(c) whether the persons checked have fulfilled the obligations laid down in the specific provisions;
(d) whether a written declaration of conformity has been issued for foodstuffs provided for in a specific regulation, (1) whether the characteristics of such foodstuffs put into circulation correspond to the written declaration of conformity and whether that declaration has been issued in the manner and to the extent specified in the specific regulation, (1)
(e) whether consumers are misled, 2a)
(f) that products and foodstuffs placed on the market are safe. (c)
Czech Agricultural and Food Inspection
(a) identify deficiencies in the production and putting into circulation of products and foodstuffs for the persons checked, 3)
(b) require the removal of the deficiencies identified and imposes, where appropriate, measures to eliminate them;
(c) carry out checks on the implementation of measures to address the deficiencies identified;
(d) ensure that the analyses of products and foodstuffs referred to in Article 2 are carried out and, in particular, issue binding opinions and certificates; where the analysis has identified an inadequate quality or health defect of foodstuffs or products, or where consumer deception has been demonstrated, the cost of the analysis shall be borne by the controlled person;
(e) impose fines and measures in accordance with this Law and the Special Lation.2)
(1) The staff of the Czech Agricultural and Food Inspectorate responsible for carrying out its inspection tasks, hereinafter referred to as "inspectors," are entitled, in addition to the rights and obligations laid down in the Specific Regulations (4), to:
(a) to take samples of products and foodstuffs for safety assessment and to determine whether such products and foodstuffs comply with the requirements laid down in specific provisions;
(b) require controlled persons to remedy the deficiencies identified or to implement the necessary measures without delay in order to eliminate them;
(c) verify the identity of the natural persons, if they are controlled persons, as well as the identity of the natural persons who represent the controlled persons in the control and the authorisation to represent them;
(d) to carry out checks as to whether the consumer is not misled, 2b) on the basis of its own initiative or the initiative of another public authority, on the basis of the initiative of the consumer or of another person who has demonstrated a legitimate interest in the matter; the holder of the patent, the holder of the copyright certificate, the proprietor of the trade mark, the owner of the copyright or any other right protected by the copyright law, or the holder of the right to a registered industrial design or utility model, or his representative (hereinafter referred to as the "owner of the intellectual property right '), may also initiate the inspection;
(e) to invite owners of an intellectual property right to submit the documentation necessary to assess whether consumers are not misled.
(2) The control samples taken shall be compensated to the person checked at the price at which the product or foodstuff is sold by the person checked. No refund shall be granted if the product or foodstuff does not meet the requirements laid down in the specific regulation.2)
(3) In the performance of their duties, inspectors shall show the Czech Agricultural and Food Inspection Card without notice.
(1) The Central Director and the Directors of the Regional Inspectorate are entitled, in the performance of their tasks under the law, to add other competent persons to the control, where justified by the specific nature of the activity under scrutiny.
(2) Persons admitted under paragraph 1 to participate in the inspection shall have the rights and obligations under this Act to the extent given to them by the Czech Agricultural and Food Inspection. Such delegation shall be demonstrated in the performance of its tasks. Persons admitted to participate in the inspection may not be entrusted with the imposition of measures and penalties under this or other laws.
(1) On the basis of the inspection carried out, the inspector:
(a) prohibit:
1. the manufacture or putting into circulation of products, foodstuffs or raw materials necessary for their manufacture, if such products, foodstuffs or raw materials do not comply with the requirements laid down in specific provisions; 2)
2. the use of packaging and equipment adversely affecting the health or quality of products and foodstuffs;
(b) order the reassignment of products and foodstuffs to the appropriate quality class where they have been incorrectly classified;
(c) may, following a proven and apparent detection of non-compliant products, foodstuffs or raw materials on the spot, carry out or order their disposal on a cargo of a controlled person who is required to inform the control authority of the manner and conduct of the disposal;
(d) propose or impose measures to remedy identified deficiencies;
(e) it is authorised to impose measures to ensure that food or products which do not comply with the specific legislation are found to be offered, sold and stored; (2b)
(2) The measures referred to in paragraph 1 shall be notified by the inspector to the person orally controlled and shall immediately record them in writing. In the event of the imposition of safeguard measures, the written record shall also state the reason for the freezing, the description of the food or products covered and the quantity thereof.
(3) If the person concerned does not agree to the action imposed, he may object to it, which shall be indicated in the alert referred to in paragraph 2, or he may lodge it in writing no later than three days after the date of notification of the measure imposed. The objections submitted have no suspensory effect. The Director of the Regional Inspectorate shall take a decision on the objections made and, where the measures referred to in paragraph 1 have been imposed by an inspector of the Central Inspectorate, the Central Director. The written copy of the objection decision shall be served on the person checked and shall be final.
(4) The production of products and foodstuffs or the putting into circulation of products and foodstuffs or the use of raw materials for the production or use of packaging or defective devices and equipment can be restored only with the approval of the Czech Agricultural and Food Inspection Office, which will be issued if the defective condition has been remedied. The consent shall be issued no later than 30 days after notification of the person checked and removal of the defective condition.
(5) The provision of food or products which do not comply with specific legislation (2b) shall be carried out until a final decision is taken to forfeit it or prevent it, or, where appropriate, until it has been established that it is not such food or products.
(6) The inspector is authorised to store food or products which do not comply with the specific legislation, 2b) outside the reach of the person checked. The inspected person shall be obliged to release the food and products secured to the inspector. In the event of refusal of extradition, the inspector shall withdraw them. The inspector shall draw up a written record of the issue or withdrawal. The costs of storage shall be borne by the person who has been found to offer, sell or store such foodstuffs or products. The inspected person shall not be obliged to cover the costs of storing such foodstuffs and products if it is established that the products or goods comply with the specific legislation. 2b)
(7) The cancellation of food security measures or products not complying with a specific legislation (2b) shall be carried out in writing by the Director of the Regional Inspectorate and shall send a document to the person checked and invited to take over the food or products immediately. The inspector shall make an official record of the return.
(1) The Director of the Regional Inspectorate shall, on the basis of the findings of the Czech Agricultural and Food Inspection Office, deposit a controlled person who:
(a) put into circulation products not complying with the requirements laid down in specific provisions;
(b) they do not comply with the conditions laid down in the specific Regulation (2) for the production or putting into circulation of these products;
(c) failure to comply with the measures imposed under this law;
(d) make it difficult or hinder the performance of the inspection;
Up to 1 000 000 CZK fine if agricultural, saponate or washing products.
(2) The Director of the Regional Inspectorate shall, on the basis of the findings of the Czech Agricultural and Food Inspectorate, impose penalties on a person who has been checked for breach of the obligations laid down for the manufacture or putting into circulation of products and foodstuffs under the conditions and at the level laid down by specific laws. 5) In such cases, the fine referred to in paragraph 1 may not be imposed.
(3) The Director of the Regional Inspectorate shall, in addition to the fine, impose a forfeiture decision or decide to prevent food or products which do not comply with a specific legislation. 2b) The owner of the forfeited or seized food or products becomes the owner. At the same time, the Director of the Regional Inspectorate shall decide on the destruction or other disposal and the manner in which they are disposed of. If the decision is final, the destruction shall be carried out officially under the supervision of a three-member commission appointed by the Director of the Inspectorate. The committee will make a report on the destruction. Destruction shall be carried out on the cargo of the controlled person who has offered, sold or stored the goods.
(4) A fine may not be imposed on a controlled person if a fine has been imposed on him under other legislation for the same conduct.
(5) The proceedings for the imposition of a fine may be initiated within one year of the date on which the Director of the Inspectorate became aware of the infringement referred to in paragraphs 1 to 3, but no later than 2 years after the date on which the infringement occurred. The fine cannot be imposed if three years have elapsed since the infringement.
(6) The fine referred to in paragraph 1 may be imposed by an inspector in block proceedings for minor infringements if the infringement is reliably detected and the person who has breached the obligation is willing to pay the block penalty. The provisions on block management under a special law shall apply mutatis mutandis to block management under this law. 6)
(1) In fixing the amount of the fine, account shall be taken in particular of the gravity, manner, duration and consequences of the infringement.
(2) The Central Director shall decide on the appeal against the imposition of a fine and on the appeal against a decision imposed pursuant to Paragraph 10 (3) of this Law.
(3) The fine is collected by the Czech Agricultural and Food Inspectorate and enforced by the Territorial Financial Authority (7) according to a specific regulation. 8)
(4) The proceeds of fines are received by the State budget.
Czech Agricultural and Food Inspection
(a) is entitled to require information relating to the provision of control activities from other public authorities, in particular trade offices and customs offices;
(b) be entitled to cooperate with administrative and territorial authorities in the field of delegation, as well as with other national authorities and institutions whose cooperation is necessary for the exercise of control, with civil associations or with professional building associations, provided that they are established by specific legislation. If, in checking the facts on the basis of which measures falling within the competence of other institutions are to be taken, they shall notify those authorities,
(c) where the customs authorities receive a notice of interruption of the procedure for release for free circulation on the grounds that the product is not safe or not labelled in accordance with the laws, regulations or international treaties binding on the Czech Republic, they shall give a binding opinion within three working days to that authority as to whether the suspension is considered justified and what measures have been taken in a particular case or that the product may be released into circulation.
Unless otherwise provided for in this law, the general rules on administrative procedures shall apply to the imposition of fines and decisions pursuant to Paragraph 10 (3) of this Law. In other cases, general administrative rules do not apply to proceedings under this law.
This law does not apply to:
(a) quality control
1. seed, seed, seed, nurseries, fodder, compound feedingstuffs and raw materials for their production and hatching eggs;
2. breeding and productive animals, fish hatching, fish spawning and eggs;
3. breeding animals,
4. medicinal plants;
(b) quality control of agricultural and food products in the departments and facilities of the armed forces or armed corps and in the premises of the Administration of State tangible reserves. The performance of quality control of products and foodstuffs in the premises administered by the Ministry of Defence, the Ministry of Interior, the Ministry of Justice and other designated premises shall be carried out by the authorities of these ministries. 9)
The provisions of Act No. 122 / 1962 Coll., on State Agricultural, Food and Commercial Inspection, as amended by Act No. 31 / 1968 Coll., in so far as they concern the State Inspection of Quality of Agricultural Products and State Inspection of Quality of Products of the Food Industry, are deleted in the Czech Socialist Republic.
This Act shall take effect on 1 January 1987.
Kemp v. r.
Korcák v. r.
1) Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws.
2) For example, Act No. 110 / 1997 Coll., Act No. 115 / 1995 Coll., on wine-growing and wine-growing and on the amendment of certain related legislation, Act No. 634 / 1992 Coll., on consumer protection, as amended, Act No. 303 / 1993 Coll., on the abolition of the state tobacco monopoly and on measures related thereto, as amended, Act No. 22 / 1997 Coll., on technical requirements for products and on the amendment and addition of certain laws and Act No. 102 / 2001 Coll., on general product safety and amending certain laws (Act on general product safety).
2a) § 8 of Act No. 634 / 1992 Coll., as amended by Act No. 145 / 2000 Coll.
2b) § 8 (2) of Act No. 634 / 1992 Coll., as amended by Act No. 145 / 2000 Coll.
2c) Act No. 102 / 2001 Coll., on general product safety and amending certain laws (Act on general product safety).
3) § 16 of Act No. 110 / 1997 Coll.
4) Act No. 552 / 1991 Coll., on State Control, as amended by Act No. 166 / 1993 Coll.
5) For example, § 17 of Act No. 110 / 1997 Coll., § 23 of Act No. 115 / 1995 Coll., § 24 of Act No. 634 / 1992 Coll., as amended by Act No. 104 / 1995 Coll., § 7 of Act No. 303 / 1993 Coll., as amended.
6) Sections 84 and 85 of the ČNR Act No. 200 / 1990 Coll., on Infringements, as amended.
7) Act No. 531 / 1990 Coll., on Territorial Financial Bodies, as amended.
8) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
9) § 80 of Act No. 20 / 1966 Coll., on the Care of People, as amended by Act No. 548 / 1991 Coll.
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Regulation Information
| Citation | Act of the Czech National Council No. 63 / 1986 Coll., on Czech Agricultural and Food Inspection |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.11.1986 |
|---|---|
| Effective from | 01.01.1987 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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