ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 31, 2009 No. 929

About approval of Quality requirements and trade for fresh fruit and vegetables"

Based on part (1) article 8 of the Law No. 306/2018 on safety of foodstuff (The official monitor of the Republic of Moldova, 2019, Art. No. 59-65, 120), with subsequent changes, and Item g) parts (3) article 11 of the Law No. 237/2018 on control of compliance to quality requirements for fresh fruit and vegetables (The official monitor of the Republic of Moldova, 2018, Art. No. 486-498, 813) DECIDES: the Government

1. Approve Quality requirements and to trade for fresh fruit and vegetables it (is applied).

2. Declare invalid the Order of the Government No. 957 of August 21, 2007. "About approval of the Technical regulation "The Fruit and Vegetables Intended for Fresh Consumption" (The official monitor of the Republic of Moldova, 2007, No. 136-140, of the Art. 997).

3. This Resolution becomes effective on January 1, 2012.

4. To impose control over the implementation of this Resolution on the National agency on safety of foodstuff.

Prime Minister

Vladimir Filat

Countersign: deputy. Prime Minister, Minister of Economic Affairs

Valeriou Lazare

Minister of Agriculture and food industry

Valeriu Kosarchuk

Minister of Health

Vladimir Hotinyanu

Approved by the Order of the Government of the Republic of Moldova of December 31, 2009, No. 929

Quality requirements and trade for fresh fruit and vegetables

These Requirements partially shift the Delegated Regulations (EU) 2023/2429 Commissions of August 17, 2023 supplementing Regulations (EU) No. 1308/2013 of the European Parliament and Council concerning standards of trade for the sector of fruit and vegetables, for certain products of conversion of fruit and vegetables and for the sector of bananas and canceling Regulations (EU) No. 1666/1999 of the Commission and Executive Regulations (EU) No. 543/2011 and (EU) No. 1333/2011 of the Commission published in the Official magazine of the European Union by L 2023/2429 of November 3, 2023 (CELEX: 32023R2429).

Chapter I. Scope.

1. Quality requirements and trade for fresh fruit and vegetables (further - Requirements) establish the minimum requirements to quality and trade for the fresh fruit and vegetables (further – products) intended for food consumption.

2. These Requirements do not extend on:

1) the products which are grown up in individual farms for own consumption;

2) the products which are in transit or temporarily stored as transit;

3) the products intended for industrial conversion;

4) products for house conversion, on condition of marking "are intended for house conversion";

5) the products delivered by the producer to the companies for conditioning or storage;

6) the products which are subject to cutting or finishing for their reduction in condition of "readiness for food" or "readiness for consumption";

7) the products which are accurately marked by the mark "it is intended for conversion", "it is intended for animal consumption" or any other similar formulation, which:

a) are intended for industrial conversion;

b) are offered for retail sale to consumers for their private consumption and are intended for conversion by them;

c) are intended for animal consumption or other non-food use.

3. Action of these Requirements extends to groups of products of the following tariff line items according to the Combined commodity nomenclature approved by the Law No. 172 of July 25, 2014: 0702 00 00; 0705; 0709 60 100; 0803 10 100; 0805 10; 0805 10 200; 0805 20; 0805 20 100; 0805 20 300; 0805 20 500; 0805 20 700; 0805 40 000; 0805 50; 0805 50 100; 0805 50 900; 0806 10 10; 0808 10; 0808 30; 0809 30; 0809 30 10; 0810 10 00; 0701 90; 0703 10; 0703 20; 0704 90 100; 0704 10 000; 0706; 0707 00; 0709 30 000; 0709 93 100; 0807 11 000; 0807 19 000; 0809 10 00; 0809 21 00; 0809 40 05.

4. Products which are not subject of specific requirements of trade shall conform to general requirements of trade according to Section 2 of Chapter III of these Requirements. However, if the economic agent is able to prove that products conform to the applied standards approved by the United Nations Economic Commission for Europe (UNECE), products are considered to conforming requirements of the general market standard specified in appendix No. 6, and respectively are considered meeting general requirements of trade.

Chapter II. Terminology

5. In these Requirements the used terms mean the following:

1) ceased to be valid;

2) tiny product - grade or the kind of sweet pepper received by selection of plants and/or ad hoc methods of cultivation, except for the sweet pepper of not tiny grades which did not reach complete development or having inadequate caliber;

3) ceased to be valid;

4) conditioning – preparatory activities, namely cleaning, cutting, removal of peel, packing and drying of fruit and vegetables, without their transformation to the processed fruit and vegetables;

5) packaging – transaction on receipt of the "first wrapper" which is in direct contact with product;

6) ceased to be valid;

7) ceased to be valid;

8) calibration – transaction on sorting and classification by length (size) or weight of fruit and vegetables.

Chapter III. General requirements

Section 1. Requirements to delivery to the market

6. By delivery to the market fresh fruit and vegetables shall conform to the minimum requirements to quality and trade, and also sanitary standards.

Compliance of fresh fruit and vegetables to quality requirements and trade can be in addition confirmed with the Certificate of conformity of quality of fresh fruit and vegetables issued according to the Law No. 237/2018 on control of compliance to quality requirements for fresh fruit and vegetables.

Confirmation of conformity of fresh fruit and vegetables to sanitary standards is performed based on the testing which are carried out by accredited laboratory.

7. Packaging, transportation and storage of products is performed according to the Order of the Government No. 1279 of November 17, 2008 about approval of the Technical regulation "Packaging, Transportation and Storage of Fresh Fruit, Vegetables and Mushrooms".

8. Labeling of products is made according to provisions of these Requirements and the Law No. 279/2017 on informing consumers concerning foodstuff.

9. Values of nominal quantities for the packings containing products for sale on weight shall correspond to provisions of the General regulations of legislative metrology on establishment of rules concerning nominal quantities of the packed-up products approved by the Order of the Government 907/2014.

Section 2. General requirements to trade for fresh fruit and vegetables which have no specific requirements to trade

10. In tolerance limit products shall be:

1) whole;

2) high-quality (the products subject to rotting or spoil that does them unsuitable to the use, are not allowed);

3) net, practically without any noticeable traces of foreign substances;

4) without wreckers;

5) without the damages caused by wreckers, striking pulp;

6) without excessive external moisture;

7) without foreign smell and/or smack.

10-1. General requirements to trade determine quality requirements of fruit and vegetables after their conditioning and packaging.

Nevertheless, at the subsequent stages of sending products can have, in relation to requirements of Chapter:

1) insignificant staling and elasticity;

2) the insignificant spoil caused by their development and perishable nature.

11. Development and condition of products shall give them the chance:

1) to maintain transportation and manipulation;

2) to be delivered in satisfactory condition to the destination.

Products shall be enough, but are not strongly developed, fruit shall be enough, but not too ripe. Development of products and their stage of maturing shall allow further process of maturing and achievement of satisfactory degree of maturity

12. Availability in each batch of the products which are not meeting the minimum requirements to quality is allowed in tolerance limits, the quantity making 10% or the weight of products, except for the products subject to rotting or spoil because of what become unsuitable for consumption. Within this admission the proportion of damaged products shall constitute no more than 2% of total quantity of products.

13. On each packaging the following data grouped on one party shall be put with the accurate, nonerasable and seen outside font:

1) the name and the physical address of the packer and/or sender, if necessary specifying: the street / the inhabited Item/region / the postal index and if it is not the Republic of Moldova, other country; this mark can be replaced:

a) on all packagings, except for packings, the code representing the packer and/or the sender, issued or the acknowledged official organ specified near the mark "Packer and/or Sender" (or equivalent reducings). The SM ISO 3166 code precedes code Codes for submission of names of the countries and their divisions. Part 3: Code for names of the countries used earlier (further – SM ISO 3166), the Republic of Moldova, administrative and territorial unit of the Republic of Moldova performing recognition if the Republic of Moldova is not country of source;

b) only for packaged products, with indication of the name and the address of the seller located in country of source or the country of departure, specified near the mark "It Is Packed for:" or the equivalent formulation. In this case marking also shall contain the code corresponding to the packer and/or the sender. Concerning value of this code, the seller shall provide all information which the regulatory authority considers necessary;

2) trade in the packagings with net weight no more than 10 kg containing mixes of products or the types of different products regulated by this Provision is resolved provided that:

a) products and types of products shall be qualitatively homogeneous, and each of them shall conform to the applicable specific trade standard or, in the absence of the specific trade standard for specific product, to the general trade standard which is applied;

b) packaging shall be marked according to the Law No. 279/2017 on informing consumers concerning foodstuff;

c) mix of different products shall not be such to mislead the consumer.

14. On each packaging put with the accurate, nonerasable and seen outside font the following data grouped on one party:

1) identification - the packer and/or the sender: the name and the address which can be replaced with single identification code (IDNO) assigned by body of state registration with indication of close "the packer and/or the sender" (or equivalent reducings);

2) nature of product:

a) name of product;

b) name of grade (selectively);

3) product origin - complete country name of origin and, selectively, the area of cultivation or the national, regional or local name. This mark becomes in language of country of source or in any other language clear to consumers in the country of destination;

4) in stage of retail trade, the specific information requested according to this Provision shall be accurate and visible. Products can be offered for sale provided that the retail seller places near goods, in visible and readable type, information on country of source of products and, depending on circumstances, about category and grade or commodity type so that buyers were not misled;

5) when the country of the packer and/or sender is specified or if the specified grade is associated with certain place, the symbols designating country of source shall be larger and more noticeable, than the symbols used for the country of the packer and/or the sender and grade if they differ;

6) for packaged products net weight according to the Law No. 279/2017 on informing consumers concerning foodstuff is also specified.

Chapter IV. Specific quality requirements and trade for tomatoes

Section 1. Minimum requirements to quality

15. This head establishes quality requirements and trade after preparation and packaging for the tomatoes which are grown up from Lycopersicon lycopersicum grades (L.) Karsten ex Farw.Lycopersicum esculentum Mill.

15-1. The purpose of this Chapter is determination of quality requirements to which there shall correspond tomatoes after conditioning and packaging. Nevertheless, at the subsequent stages of sending products can have, in relation to requirements of Chapter:

1) insignificant staling and elasticity;

2) for the products classified in other categories except category "Extra", the insignificant spoil caused by their development and perishable nature.

16. Taking into account the special provisions provided for each category, tomatoes shall be:

1) whole;

2) high-quality (the products subject to rotting or spoil that does them unsuitable to consumption, is not allowed);

3) net, practically without visible foreign substances;

4) fresh by sight;

5) without wreckers;

6) without damages put with wreckers of pulp;

7) without abnormal superficial humidity;

8) without foreign smell and/or smack.

17. As for hand tomatoes, stalks shall be fresh, healthy, net, free from leaves and without visible traces of foreign substances.

18. Development and maturity of tomatoes shall give the chance:

1) to maintain transportation and manipulation;

2) to be delivered in satisfactory condition to the destination.

18-1. Development of tomatoes and their maturity shall allow continuation of process of ripening and achievement of satisfactory level of maturity.

Section 2. Requirements to classification

19. Tomatoes, depending on form, can be carried to four commodity types:

1) "round";

2) "ridge";

3) "oblong" or "extended";

4) "vishnevidny" tomatoes (including "cocktail");

20. Tomatoes are subdivided into three categories determined below:

1) category "Extra" - tomatoes of this category shall be the extra quality. They shall have the dense pulp and the form, appearance and lines of development characteristic of version which treat, shall not have "green backs" and other defects, except for insignificant superficial defects provided that they do not influence general appearance, quality, safety and trade dress of products in packaging;

2) the I category - tomatoes of this category shall be high quality. They shall have rather dense pulp, and also signs and the properties characteristic of version which they treat. They shall not have cracks and the seen "green backs". Tomatoes can have the following small defects provided that they do not influence general appearance, quality, safety and trade dress of product in packaging:

a) small defect of form;

b) small defect of coloring;

c) small defects of thin skin;

d) insignificant bruise;

"Ridge" tomatoes can have the following defects:

a) the cicatrized cracks no more than 1 cm long;

b) ledges in tolerance limits;

c) small cicatricial deepening, but not suberization;

d) suberization of stigma no more than 1 cm2;

e) the thin extended hem on site pestle (like scar) which length does not exceed two thirds of the largest diameter of fruit.

3) the II category - tomatoes which cannot be referred to higher categories belong to this category, but conform to the minimum requirements stated above. Shall be rather dense (but a little less dense, than tomatoes of the I category) and to have the cicatrized cracks. Tomatoes of the II category can have the following defects provided that they keep the main characteristics on quality, safety and trade dress of product:

a) defects of form, development and coloring;

b) defects of thin skin or bruise;

c) the cicatrized cracks no more than 3 cm long for round, ridge and oblong tomatoes;

"Ridge" tomatoes can have the following defects:

a) more considerable ledges, than it is allowed for the I category, however free of defects;

b) cicatricial deepening;

c) suberization of stigma with cicatricial deepening, with pestle point which total area shall not exceed up to 2 cm2;

d) oblong thin hem from pestle (like scar);

4) ceased to be valid according to the Order of the Government of the Republic of Moldova of 27.03.2017 No. 198

Section 3. Requirements to calibration

21. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 27.03.2017 No. 198

22. The caliber is determined or by the maximum diameter of middle cross section, either by weight, or by quantity.

Following provisions are not applied to hand tomatoes and are optional for:

1) vishnevidny and cocktail tomatoes with a diameter less than 40 mm;

2) ridge tomatoes irregular shape; and also

3) tomatoes of the II category.

23. For ensuring uniformity of product the maximum difference in the diameter between tomatoes in the same packaging is limited:

a) 10 mm if diameter of the smallest fruit (according to the data specified on packaging) constitutes less than 50 mm;

b) 15 mm if diameter of the smallest fruit (according to the data specified on packaging) constitutes at least 50 mm;

c) 20 mm if diameter of the smallest fruit (according to the data specified on packaging) constitutes at least 70 mm, but less than 100 mm;

d) there are no restrictions for difference of diameter of fruits of the size with a diameter of 100 mm and any more.

24. In case codes of the sizes are applied, the codes and diameters specified in the following table shall be observed:

Table 2

Codes of the sizes	Diameter (mm)
0	= <20
1	> 20 = <25
2	> 25 = <30
3	> 30 = <35
4	> 35 = <40
5	> 40 = <47
6	> 47 = <57
7	> 57 = <67
8	> 67 = <82
9	> 82 = <102
10	> 102

25. For tomatoes which are sorted by the size depending on the weight or quantity the difference in the amount of shall conform to requirements of Item 23.

Section 4. Requirements to admissions

26. In each packet availability of products which are not meeting the requirements for this category in the tolerance limits set concerning quality and the sizes is allowed:

1) admissions on quality for:

a) category "Extra" - 5% (by quantity or weight) the tomatoes which are not meeting the requirements of this category, but meeting the requirements of the I category. Within this admission, it is allowed to 0,5 of % of products which meet quality requirements II of category.

b) The I category - 10% (by quantity or weight) the tomatoes which are not meeting the requirements of this category, but meeting the requirements of the II category. Within this admission no more than 1% in total amount there can be products which do not meet either quality requirements II of category, or the minimum requirements of quality. The products subject to rotting or spoil are not allowed in sale that does them not suitable for consumption. For brushes of tomatoes availability of 5% (by quantity or weight) the tomatoes which are torn off from scape is allowed;

c) The II category - 10% (by quantity or weight) the tomatoes which are not meeting the requirements of this category and the minimum requirements. The products subject to rotting, the expressed bruise or spoil are not allowed in sale that does them not suitable for consumption. Within this admission the general proportion of damaged products shall constitute no more than 2%. For brushes of tomatoes availability of 10% (by quantity or weight) the tomatoes which are torn off from scape is allowed;

2) admissions by the size - for categories "Extra", I and II - 10% (by quantity or weight) tomatoes which correspond to the size are direct above or below the specified size.

Section 5. Requirements to representation

27. Content of each packaging shall be homogeneous and consist of tomatoes of the same origin, version or commodity category, quality and the size (in case of carrying out calibration).

28. Degree of maturity and coloring of the tomatoes referred to category "Extra" and I shall be almost homogeneous. Length of "oblong" tomatoes shall be more or less identical.

29. Visible part of content of packaging shall correspond to content of all packaging.

30. Products are packed into consumer and shipping package.

31. The packet shall contain no foreign substances.

32. Products shall be packed so that their reliable safety was ensured.

33. The materials used in packaging shall be new, net and such quality not to cause external or internal injury of product. Use of materials, in particular the paper or labels with trade specifications, is allowed provided that for drawing the text or gluing of labels non-toxical ink or glue are used.

33-1. The labels pasted in individual procedure on products shall come unstuck without leaving of visible traces of glue and without damage of thin skin. The laser engraving of information on fruit shall not lead to damage of pulp or thin skin. Packaging shall contain no foreign substances.

Section 6. Requirements to marking

34. On each packet the following data grouped on one party shall be put with the accurate, indelible and seen outside font:

1) identification - the producer, the packer and/or the sender: the name and the address which can be replaced on all packagings except for of packings, single identification code (IDNO) assigned by body of state registration with indication of close symbol of the mark "producer, packer and/or sender" (or equivalent reducings), and in case of packaged products the name and the address of the seller can be specified in close connection with indication of "is packed for" or the equivalent formulation. In this case labeling shall contain also the code corresponding to the producer, the packer and/or the sender;

2) product type:

a) "tomatoes" or "brushes of tomatoes" and commodity type if the product is not visible outside, these data shall be specified always for "vishnevidny" tomatoes (or "cocktail") irrespective of, they are delivered in the form of brushes or not;

b) name of version (selectively);

3) product origin:

a) country of source and selectively area of production or national, regional or local name;

b) for the packagings containing mix of different flowers, grades and/or commercial types of products of different origin, specifying of each of countries of source shall be placed near the name of color, version and/or commercial type;

4) commodity characteristics:

a) category;

b) the size, in case of calibration, provided minimum and maximum by diameters or mark "not calibrated", as necessary;

c) the minimum content of sugar measured refractometers and expressed in degrees Brix (selectively);

5) official mark about control (selectively);

35. On packet there is no need to specify the marks provided in the subitem 1) of Item 34, if they contain the consumer packagings seen outside, containing these instructions. Packets shall not contain marks which can mislead the consumer. If these packagings are represented on pallets, the corresponding marks shall be on the card placed in a visible place, at least on two faces of pallets.

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