ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 26, 2024 No. 228

About approval of the minimum regulations of food, replacement of food and ensuring with sanitary products prime necessity of persons containing in penal institutions

Based on article 228 of the Executive code of the Republic of Moldova No. 443/2004 (repeated publication: The official monitor of the Republic of Moldova, 2010, Art. No. 214-220, 704), with subsequent changes, DECIDES: the Government

1. Approve:

1) the Minimum regulations of food and replacement of some food with others for persons containing in penal institutions according to appendix No. 1;

2) Norma of providing prisoners with sanitary products of prime necessity according to appendix No. 2.

2. Declare invalid the Order of the Government No. 609/2006 about the minimum regulations of daily food and providing prisoners with personal care products and detergents (The official monitor of the Republic of Moldova, 2006, Art. No. 102-105, 765), with subsequent changes.

3. For the purpose of variety of diet of National administration of penal institutions to develop recommendations about the menu for persons containing in penal institutions within the approved standard daily rates of food.

4. This resolution becomes effective since January 1, 2025.

Appendix №1

to the Order of the Government of the Republic of Moldova of March 26, 2024 No. 228

The minimum regulations of food and replacement of some food with others for persons containing in penal institutions

Chapter I. General provisions

1. This provision establish structure of the minimum regulations of food for persons containing in penal institutions, general rules of their application, and also possibility of replacement of some food others.

2. The minimum regulations of food and replacement of some food are applied to previously imprisoned persons, persons condemned to imprisonment for certain term or to lifelong imprisonment to whom the measure of restraint in the form of provisional attachment, female prisoners, children of the female prisoners who are in penal institutions on care of mother, aged up to three years was applied.

3. Catering services of persons containing in penal institutions are regulated by the order of the Minister of Justice.

4. Food of persons containing in penal institutions is performed by issue of the ready food or food which is not requiring heat treatment based on exact regulations of food and within the minimum scale of the energy value (kcal) of each regulation of food.

5. The structure of regulations of food and extreme values of caloric content with breakdown on categories of persons includes:

1) food No. 1A regulation – general minimum for prisoners;

2) food No. 1AB regulation – the allowance for the prisoners performing easy and moderate work;

3) food No. 1AC regulation – the allowance for the prisoners working under trying conditions;

4) food No. 2A regulation – for the imprisoned expectant mothers and nursing mothers;

5) food No. 2B regulation – for children aged up to 5 months which are on care of the imprisoned mothers;

6) food No. 2C regulation – for children aged from 6 up to 12 months which are with mothers prisoners;

7) No. 2D food regulation – for children aged from 1 year up to 3 years inclusive which are with mothers prisoners;

8) food No. 3 regulation – for minor and young prisoners;

9) food No. 4A regulation – for sick prisoners;

10) food No. 4B regulation – for prisoners, TB patients and with the weakened immunity;

11) food No. 4AC regulation – the allowance for prisoners with dystrophy;

12) food No. 5 regulation – for providing prisoners with dry ration during convoy;

13) food No. 6 regulation – for replacement of some food with others.

6. The regulation of food is established according to food and energy demands of each category of persons depending on the spent efforts, age and the state of health.

7. When planning diets calculations for the weight gross food meeting standards of subsistence minimum taking into account losses in case of primary and thermal treatment are applied.

8. In case of preparation of food the nutritional and energy value (kcal) of products in structure of the regulations of food specified in appendix No. 1 shall be observed.

9. Products of the same category or their substitutes can be combined so that the daily need for calories and nutrients for each category of the imprisoned persons within weekly marked out quantity of products was provided.

10. Preparation of food shall be performed in catering department of penal institution. The organization and functioning of catering departments are regulated by the order of the Minister of Justice.

11. In case of proper reasons for service in preparation of food can be transferred to the outsourcing.

12. The catering department interrupts the activities in the following properly reasonable situations:

1) carrying out repair work or implementation of capital investments, at the same time is not represented rational delivery of food by other organization within system of penitentiary administration;

2) within pilot projects, depending on availability of the appropriate financial resources;

3) in case of exceptional circumstances.

13. Services of the outsourcing in preparation of food affirm the order of the Minister of Justice and are performed according to provisions of the regulations regulating public procurements and provisions of this Regulations.

14. Rooms, means and the equipment used for preparation of food for prisoners, and which are in state-owned property (in management of the Ministry of Justice), can be leased or made available to owners of agreements of the outsourcing, within internal regulations of provision, use and consumption, on the duration of the agreement. The obligation on content and repair of the provided rooms, means and engineering networks is assigned to owners of agreements of the outsourcing for preparation of food.

15. Use of the means provided in Item 14, in other purposes except preparation of food for prisoners is forbidden.

16. On case of unexpected situations penal institutions can create reserve stock of food with long storage duration according to the procedure, established by the order of the director of National administration of penal institutions. Unexpected situations shall not be consequence of irresponsible actions of personnel of penal institutions.

17. Delivery of the food intended for preparation of food of prisoners in cold season can be made in necessary quantities till new harvest, without exceeding the need for consumption for one year. The list of products and terms of their consumption are specified in appendix No. 2. Deliveries of potatoes of autumn harvest and dry onions shall be provided for all specified period provided that in penal institutions there are suitable storage facilities for proper storage of products before the end of the corresponding period in order to avoid their spoil.

18. Prisoners have the right to simultaneous receipt of one regulation of food and one food allowance using the following exceptions:

1) the allowance for holidays which is provided in addition to the main regulation and, in appropriate cases, to the corresponding allowance;

2) regulations of food No. 1AB and 1AC which are provided to the prisoners performing easy and moderate work, or working in severe or adverse conditions.

19. In case of accomplishment by prisoners of works in the conditions of the low temperature (it is below 5 °C), they can receive hot tea from calculation of 0,5 of l per capita. On caloric content the sugar corresponding to this amount of tea shall be provided due to the corresponding reduction of other product normal of food on which it was distributed.

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