Unofficial transfer (c) Soyuzpravoinform LLC

LAW OF UKRAINE

of September 6, 2022 No. 2572-IX

About features of legal protection of geographical instructions for agricultural products and foodstuff, protection of the rights and application of schemes of quality, including traditional are guaranteed to feature for agricultural products and foodstuff

Section I. General provisions

This Law determines legal and organizational basis of schemes of quality for agricultural products and foodstuff, features of preparation for registration, registration, uses and protection of geographical instructions for agricultural products (agricultural goods) and foodstuff, control concerning such geographical instructions, and also the legal basis of protection of the guaranteed traditional features, including preparation for registration, registration, use, protection and control.

Article 1. Determinations of terms

1. In this Law the stated below terms are used in such value:

1) commission of experts - the commission formed by authorized body with research purpose and approvals of specifications of goods, requests for registration of the guaranteed traditional features;

2) production phase - production (production), conversion, preparation of agricultural products or foodstuff;

3) the single document - the document of rather geographical specifying containing basic provisions of the specification and the description of interrelation of goods with the geographical circle or the geographical place of goods origin;

4) the request - set of the documents necessary for registration of geographical specifying or the traditional guaranteed feature;

5) the applicant - consolidation of persons or person who addressed for approval of the specification for application for registration of geographical specifying or the traditional guaranteed feature and/or submitted the corresponding application;

6) marking - the words, descriptions, signs for goods and services (trademarks), graphical representations or symbols concerning agricultural products (agricultural goods) and foodstuff which is placed on any packaging, the label (sticker), kolyeretka and in the absence of packaging and in the document or the message which accompany the corresponding goods or refer to it;

7) NOIS - National authority of intellectual property in the value used in the Law of Ukraine "About legal protection of geographical instructions";

8) consolidation of persons - set of two and more persons, irrespective of its form of business or structure;

9) the operator of the market - physical person or legal entity which is producer (the manufacturer or the processor) of agricultural products (agricultural goods) and/or foodstuff or any other person who declares as about the producer and performs primary production, production of agricultural products (agricultural goods) and/or foodstuff. Persons performing activities with the purpose or without the purpose of profit earning also concern operators of the market and perform turnover of agricultural products (agricultural goods) and/or foodstuff (distributors), and also persons, performing storage for the specified purposes;

10) certification body - the company, organization, the organization or their structural division performing activities for certification according to this Law;

11) the list of users - set of information about operators of the market who use geographical instructions or the traditional guaranteed features for agricultural products and foodstuff and also special indicators of quality which are represented by the relevant operators of the market to specially authorized body are generalized and published by it electronically;

12) the processed foodstuff - the foodstuff received by conversion of not processed foodstuff as which understand any process which significantly changes primary foodstuff, including heating, smoking, conservation, maturing, drying, pickling, extraction, extrusion or combination of the specified processes. Availability in the processed foodstuff of the ingredients necessary for conversion or giving to product of special characteristics is allowed;

13) Register - State Register of geographical instructions of Ukraine;

14) the Register of certification bodies - data on the certification bodies authorized on implementation of certification of goods according to this Law;

15) the Register of the traditional guaranteed features - the State register of the traditional guaranteed features which is kept by specially authorized body electronically;

16) registration - state registration of geographical specifying or the traditional guaranteed feature;

17) certification - verification process of goods on compliance of the specification of goods concerning which geographical specifying or the traditional guaranteed feature is registered;

18) specially authorized body - the central executive body determined by the Cabinet of Ministers of Ukraine which provides forming and realizes the state agrarian policy, state policy in the field of agricultural industry and concerning food security of the state is given authority under approval of the specification of goods and changes in it and to control of special qualities or other characteristics of goods concerning which geographical instructions, the guaranteed traditional features and other schemes of quality, and also delimitation of geographical places with which such special qualities or other characteristics, and producers of the specified goods within these geographical places are connected are used;

19) the specification of goods - set of data on agricultural products (agricultural goods) or foodstuff concerning which geographical specifying or the traditional guaranteed feature is used;

20) specific nature of goods - the characteristics of production giving the chance accurately to distinguish goods from other similar goods of the same category;

21) schemes of quality - the bases of recognition, legal protection and application of the geographical instructions, names of the place of goods origin traditional of the guaranteed features established by this Law, and also on application of mountain products and other special indicators of quality;

22) the guaranteed traditional feature - the name which identifies agricultural products (agricultural goods) or the foodstuff corresponding to at the same time following signs: has the special characteristics allowing to distinguish accurately it from other products of the same type as a result of use of traditional ingredients, traditional composition of ingredients and/or traditional technology of production/conversion; it is used in production and/or meets the specifications of goods existing on extent it is at least 30 years before entry into force of this Law; corresponds to criteria for provision of legal protection according to this Law.

Other terms are used in this Law in the value given in the laws of Ukraine "About legal protection of geographical instructions", "About the basic principles and requirements to safety and quality of foodstuff", "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals" and the existing international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

Article 2. Law coverage

1. Operation of this Law extends to the agricultural products, foodstuff intended for consumption by the person and also to other related goods specified in such UKT foreign trade activities groups according to the Law of Ukraine "About the Customs tariff of Ukraine":

1) groups 01 - 04 Sections I;

2) group 05 of the Section I (only commodity subsubline item 0504 00 00th 00, goods item 0511, namely guts, bladders and stomachs of animals, whole and pieces, except fish, fresh, cooled, frozen, salty or in brine, dried or smoked; animal products, in other place not named; the fallen animal groups 01 or 03, unsuitable for the use);

3) groups 06 - the 13th Section II;

4) group 15 of the Section III (only goods items 1501, 1502, 1504, 1507, 1509, 1512, 1517, goods item of 1503 of 00, namely fat pork (including hog grease) and fat of poultry, except fat of goods item 0209 or 1503; fat of cattle, sheep or goat, except fat of goods item 1503; hog grease-stearin, hog grease-oil, oleostearine, oleomargarine (oleo-oil) and animal oil, not emulsified, unmixed, not prepared in a different way; fats and oils and their fractions, from fish or marine mammals, not refined or refined, but without change of their chemical composition; oil soy and its fractions which are not refined or refined, but without change of their chemical composition: oils sunflower, safflower or cotton and their fractions which are not refined or refined, but without change of their chemical composition; oil olive and its fractions which are not refined or refined, but without change of their chemical composition; margarine; food mixes or products from animal and vegetable fats and oils and oils or fractions, except food fats, oils or oils and their fractions of goods item 1516);

5) group 16 of the Section IV;

6) group 17 of the Section IV (except goods item of 1704: confectionery from sugar (including white chocolate) without content of cocoa);

7) group 18 of the Section IV (only commodity subcategories 1801 00 00 00 - cocoa beans, whole or ground, crude or fried, 1802 00 00 00 - shells, peel (peel) and other waste of cocoa);

8) group 20 of the Section IV;

9) group 22 of the Section IV (except natural mineral waters of subline item of 2201 10 goods items 2204, 2205, 2207, 2208);

10) group 23 of the Section IV;

11) group 24 of the Section IV (only goods item of 2401: tobacco raw materials; tobacco waste);

12) group 45 of the Section IX (only goods item 4501: the traditional cork raw or roughly shattered; waste of stopper; crushed, granulated or ground);

13) group 53 of the Section XI (only goods item 5301 and 5302: the linen fiber processed or raw, but nepryadeny; waste and waste of flax (including yarn wastes and garnetted stock); fiber hempy, raw or processed, but nepryadeny; waste and waste of hemp (including yarn wastes and garnetted stock);

14) chocolate and other products on the basis of chocolate; bread, ready-made products from grain, grain crops, torments, including cakes, cakes, cookies, flour confectionery; drinks on the basis of plant extracts; products from the macaroni test, salt; gum, pitches natural; mustard powder and prepared mustard; hay; essential oils; stopper; cochineal insect; flowers and decorative greens; cotton; wool; plant materials for production of wattled products; fiber linen, obtipanny; the raw skins, carried; natural fur; feathers.

2. The relations between executive bodies, operators of the market of foodstuff and consumers of foodstuff about procedure for safety and separate indicators of quality of foodstuff which are made, are in circulation are imported sent) on customs area of Ukraine and/or exported (sent) from it, regulated by the separate law.

Article 3. The legislation on protection of the rights and application of schemes of quality for agricultural products and foodstuff

1. The legislation on legal and organizational basis of schemes of quality for agricultural products and foodstuff, features of legal protection of geographical instructions for agricultural products (agricultural товаров_ and foodstuff, legal protection of the traditional guaranteed features consists of the Law of Ukraine "About legal protection of geographical instructions", this Law and other acts of the legislation issued according to it.

2. If other rules are established by this Law, than provided by the Law of Ukraine "About legal protection of geographical instructions" provisions of this Law taking into account the sphere of its action are applied.

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