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LAW OF UKRAINE

of June 30, 2023 No. 3221-IX

About introduction of amendments to some laws of Ukraine concerning enhancement of state regulation of food security and development of livestock production

The Verkhovna Rada of Ukraine DECIDES:

I. Make changes to the following laws of Ukraine:

1. In the Law of Ukraine "About pesticides and agrochemicals" (Sheets of the Verkhovna Rada of Ukraine, 1995, No. 14, Art. 91 with the following changes):

Part one of Article 1 to add 1) with paragraphs the nineteenth – the twenty first the following content:

"receipt of the certificate of the right of work with pesticides - the process organized according to the legislation on pesticides and agrochemicals which includes training in questions of safe handling of pesticides, testing, receipt of the certificate on training concerning safe handling of pesticides and filing of application on certification about the right of work with pesticides;

the certificate of the right of work with pesticides - the document which grants the right to person to perform the activities connected with transportation, storage, use of pesticides, and also with trade in pesticides according to requirements of the legislation on pesticides and agrochemicals;

the certificate on training concerning safe handling of pesticides - the document confirming by results of testing receipt of the necessary knowledge and skills acquired by person during training in questions of safe handling of pesticides also is the basis for receipt of the certificate of the right of work with pesticides";

Part the second Article 11 to state 2) in the following edition:

"Persons whose activities are connected with the organization of works on storage and/or use of pesticides or with work on transportation, storage, application, trade in pesticides shall have the certificate of the right of work with pesticides. The certificate of the right of work with pesticides is issued by the central executive body realizing state policy in the field of protection of plants after training concerning safe handling of pesticides and receipt of the certificate on passing of such training. Effective period of the certificate of the right of work with pesticides and certificates on training concerning safe handling of pesticides constitutes two years. The procedure for receipt of the certificate of the right of work with pesticides is determined by the Cabinet of Ministers of Ukraine".

2. In the Law of Ukraine "About protection of plants" (Sheets of the Verkhovna Rada of Ukraine, 1998, No. 50-51, of Art. 310 with the following changes):

The paragraph of the seventh part one of Article 16 to state 1) in the following edition:

"demand discharge from works of persons which activities are connected with transportation, storage, application, trade in pesticides, not having the certificate of the right of work with pesticides if the obligation of receipt of such certificate by them is provided by the Law of Ukraine "About pesticides and agrochemicals";

The paragraph the fourth to state 2) to part two of Article 18 in the following edition:

"allow to works on transportation, storage, application, trade in remedies of plants only persons having the certificate of the right of work with pesticides if the obligation of receipt of such certificate by them is provided by the Law of Ukraine "About pesticides and agrochemicals";

The paragraph the twelfth to state 3) to part two of Article 21 in the following edition:

"performance of works on transportation, storage, application, trade in remedies of plants without certificate of the right of work with pesticides if the obligation of receipt of such certificate by them is provided by the Law of Ukraine "About pesticides and agrochemicals".

3. In the Law of Ukraine "About breeding case in livestock production" (Sheets of the Verkhovna Rada of Ukraine, 2000, No. 6-7, of Art. 37 with the following changes):

1) in Article 1:

a) the eleventh to replace the paragraph with three new paragraphs of the following content:

"breeding animal - thoroughbred animal; or

the animal received on adopted agenda of pedigree enhancement, registered in the state books of breeding animals has breeding (genetic) value and can be used in selection process according to programs of selection; or

the hybrid breeding pig received by method of deliberate crossing of breeding pigs of the different breeds registered in the state books of breeding animals or method of deliberate crossing of the breeding pigs and pigs received owing to deliberate crossing of breeding pigs of different breeds according to programs of selection".

With respect thereto the twelfth – twenty third to consider paragraphs respectively paragraphs the fourteenth – the twenty fifth;

b) the fifteenth to add the paragraph with the words "issued to owners of breeding (genetic) resources and hybrid breeding pigs";

Part one of Article 7 to add 2) with the paragraph the fourth the following content:

"use breeding (genetic) resources for receipt of hybrid breeding pigs one of the methods determined by article 1 of this Law";

Part one of Article 10 to add 3) with the paragraph the eighth the following content:

"hybrid breeding pigs shall be identified, registered in the state books of breeding animals, have data according to requirements from breeding accounting, documents of official accounting of performance and official assessment for type, to occur from the parents registered in the state books of breeding animals";

Part one of Article 11 to state 4) in the following edition:

"Subject to state registration are domestic selection achievements. At the request of the owner of thoroughbred breeding (genetic) resources or hybrid breeding pigs the imported selection achievements imported on the territory of Ukraine for breeding use on condition of their compliance to requirements, the established this Law are subject to state registration. State registration of subjects of breeding case in livestock production, breeding, under control animals and hybrid breeding pigs is performed by entering of the relevant data on animals into the state books of breeding animals, about subjects of breeding case - in the State register of subjects of breeding case in livestock production, about selection achievements - in the State register of selection achievements in livestock production. State registration is carried out for the purpose of forming of the information automated databases about breeding (genetic) resources";

In paragraph seven of part two of Article 16 of the word of "under control animals" shall be replaced with words 5) "and under control animals, hybrid breeding pigs".

4. Item 17-2.4 of article 17-2 of the Law of Ukraine "About the state support of agricultural industry of Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 2004, No. 49, Art. 527; 2009, No. 43, Art. 638; with the changes made by the Law of Ukraine of November 5, 2020 No. 985-IX) after words of "the cost of breeding (genetic) resources" to add with words and figures "and to 80 percent of cost of the goats identified and registered according to the legislation and sheep with breed of mother and father at least 50 percent".

5. In article 2 of the Law of Ukraine "About authorization system in the field of economic activity" (Sheets of the Verkhovna Rada of Ukraine, 2005, No. 48, Art. 483 with the following changes):

1) in part two:

the paragraph one to add with the words "in the field of veterinary medicine and wellbeing of animals";

add paragraph two with words and figures "and also on the relations on state registration of feed additives which are regulated by the Law of Ukraine "About safety and hygiene of forages" on the relations on state registration of capacities on production and/or turnover of foodstuff on which receipt of operational permission is not required, and objects of sanitary actions which are regulated by the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff", on the relations according to livestock capacities for the purposes of export, import and implementation of activities that represents high risk, and state registration of livestock capacities and operators of the market which are not subject to approval are regulated by the Law of Ukraine "About veterinary medicine" in edition of February 4, 2021 No. 1206-IX, on the relations on state registration of capacities (objects) according to the address of by-products of animal origin and the products of their processing, conversion regulated by the Law of Ukraine "About the by-products of animal origin which are not intended for consumption by the person";

Paragraphs first and third to state 2) to part three in the following edition:

"3. Issue, renewal, cancellation, renewal of operational permissions are performed according to this Law taking into account the features determined by the laws of Ukraine "About the basic principles and requirements to safety and quality of foodstuff", "About safety and hygiene of forages" and "About the by-products of animal origin which are not intended for consumption by the person";

"Issue, cancellation, renewal of renewal of quarantine certificates, phytosanitary certificates or phytosanitary certificates on re-export are performed according to this law taking into account the features determined by the Law of Ukraine "About quarantine of plants", and issue, cancellation, renewal of permissions to re-export of the goods coming from other countries - taking into account the features determined by the Customs code of Ukraine".

6. In Item 1-2 of the Section IX "Final and transitional provisions" of the Law of Ukraine "About quarantine of plants" (Sheets of the Verkhovna Rada of Ukraine, 2006, No. 19-20, of Art. 167; with the changes made by the laws of Ukraine of May 12, 2022 No. 2246-IX and of November 16, 2022 No. 2775-IX):

In paragraph one of subitem 1 of the word "auditors on certification (agronomists-inspectors) and" shall be replaced with words 1) "and/or";

2) in subitem 2:

replace paragraph two with two new paragraphs of the following content:

"The laboratory is authorized on carrying out sampling and phytosanitary examination (analyses) in case of accreditation availability according to the ISO/IEC standards 17025, DSTU ISO 17025 on work on sampling and/or determinations of phytosanitary condition of plants and products of plant origin in scope of methods of diagnostics of harmful organisms on one or several analysis types (examinations): entomology, mycology, bacteriology, phytohelminthology, virology, herbology.

Sampling is performed by specialists of the phytosanitary laboratory included in the list of phytosanitary laboratories, is exclusive in case of authorization of such laboratory on carrying out for the purposes of phytosanitary examination (analyses) and together with the state phytosanitary inspector who provides control of sampling by specialists of such laboratory. Absence of the state phytosanitary inspector when sampling by specialists of the phytosanitary laboratory included in the list of phytosanitary laboratories on condition of submission of the notification according to the legislation, is not the basis for refusal in conducting phytosanitary examination (analyses), and also issues of the phytosanitary certificate. At the same time the fact of sampling is fixed by means of photo - and video fixings".

With respect thereto third – the nineteenth to consider paragraphs respectively paragraphs the fourth – the twentieth;

the ninth to state the paragraph in the following edition:

"The laboratory authorized according to this subitem is included in the List of phytosanitary laboratories";

To add 3) with the subitem 3 following of content:

"3) issue (renewal) of the phytosanitary certificate, phytosanitary certificate on re-export can be performed by the state phytosanitary inspector outside customs area of Ukraine, on condition of availability of the direction of the state phytosanitary inspector in official journey abroad who is drawn up for this purpose according to requirements of the legislation.

The decision on issue (renewal, refusal in issue) the phytosanitary certificate, the phytosanitary certificate on re-export is accepted by the state phytosanitary inspector by results of the carried-out phytosanitary procedures and according to phytosanitary requirements of the country of the importer on the basis:

the decision of phytosanitary examination (analyses) received electronically, in case of consolidation of batches of load conclusions of phytosanitary examination (analyses) or phytosanitary certificates or phytosanitary certificates on re-export issued on each of the consignments combined;

copies of the document confirming implementation of payment for service in issue (renewal) of the phytosanitary certificate or the phytosanitary certificate on re-export.

The decision on refusal in issue (renewal) of the phytosanitary certificate or phytosanitary certificate on re-export is accepted by the state phytosanitary bases inspector provided by this Law.

The service fee on issue (renewal) of the phytosanitary certificate, phytosanitary certificate on re-export according to this subitem constitutes 0,2 of the size of the subsistence minimum for able-bodied persons established by the law for January 1 of calendar year in which the corresponding application was submitted.

7. In the Law of Ukraine "About veterinary medicine" (Sheets of the Verkhovna Rada of Ukraine, 2007, No. 5-6, of Art. 53 with the following changes):

1) in Article 1 part one:

a) add taking into account alphabetic procedure with the term of the following content:

"wellbeing of animals - condition of ensuring physiological and ethological needs of farm animals by creation of proper conditions for their content and transportation, including systematic leaving, proper feeding, poyeniye and humane treatment of animals that excludes fear, pain and sufferings, including during killing, and provides freedom of manifestation with farm animals of behavior, typical for them";

b) in determination of the term "veterinary documents" of the word of "allowing nature" to exclude;

c) state the term "veterinary medicines" in the following edition:

"veterinary medicines - veterinary medicines, veterinary immunobiological means, antiseptic agents, disinfectants, insectoacaricides, deratizatsida, diagnostikuma with the declared properties of treatment or prevention of diseases of animals or which can be applied by animal for the purpose of recovery, adjustment or change of physiological functions, showing pharmacological, immunological or metabolic action, or establishments of the diagnosis or euthanasia of animals";

d) state the term "nation-wide program of control" in the following edition:

"the nation-wide program of control - the program determining obligations of operators of capacities, operators of the market, operators of the market of forages, operators of the market of foodstuff, state bodies of veterinary medicine and/or public institutions of veterinary medicine by control of the zoonoz and their activators and/or other pollutants, by implementation provided by such program of veterinary and sanitary actions and/or other actions";

2) in Article 2:

a) to state the name and part one in the following edition:

"Article 2. Legislation on veterinary medicine and wellbeing of animals

The legislation on veterinary medicine consists of the Constitution of Ukraine, this Law (except the provisions of this Law specified in part two of this Article) and the regulatory legal acts published according to them";

b) after part one to add with new part of the following content:

"The legislation on wellbeing of animals consists of the Constitution of Ukraine, provisions of part two of Article 3 and articles 80 1-80 7 of this Law and regulatory legal acts published according to them".

With respect thereto the second – the fourth to consider parts respectively parts three – heel;

3) in Article 3:

a) state the name in the following edition:

"Article 3. The main objectives of the state in the field of veterinary medicine and in the field of wellbeing of animals";

b) in part one:

the eleventh to exclude the paragraph;

in the paragraph the twelfth words of "the killed on hunting" shall be replaced with words "got on hunting";

c) add with part two of the following content:

"The main objectives of the state in the field of wellbeing of animals are:

ensuring development, approval and implementation of requirements to wellbeing of animals;

ensuring functioning of system of training of personnel of capacities and examination and skills on observance of requirements of the legislation on wellbeing of animals;

providing the humane attitude towards animals throughout all their life and during killing, in particular by implementation of the state control for the purpose of check of observance of requirements of the legislation on wellbeing of animals;

ensuring taking measures for elimination of the revealed violations of the law about wellbeing of animals;

ensuring implementation on regular to basis of the analysis of condition of observance of requirements of the legislation on wellbeing of animals;

ensuring creation and accomplishment of action plans on prevention of emergence of violations of the law about wellbeing of animals in the future";

The name of the Section II to state 4) in the following edition:

"Chapter II PUBLIC ADMINISTRATION of VETERINARY MEDICINE AND WELLBEING of ANIMALS";

5) in Article 4:

a) state the name in the following edition:

"Article 4. System of executive bodies in the field of veterinary medicine and in the field of wellbeing of animals";

b) in word part one "public control in the field of veterinary medicine is exercised" shall be replaced with words "in the field of veterinary medicine treat system of executive bodies";

c) add with part two of the following content:

"The Cabinet of Ministers of Ukraine, the central executive body providing forming treat system of executive bodies in the field of wellbeing of animals and realizes state policy in the field of wellbeing of animals, the central executive body realizing state policy in the field of wellbeing of animals";

6) in Article 5:

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