LAW OF UKRAINE

of July 22, 2014 No. 1602-VII

About modification of some legal acts of Ukraine concerning foodstuff

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. Article 4 of the Law of Ukraine "About state regulation of agricultural import" (Sheets of the Verkhovna Rada of Ukraine, 1997, No. 44, Art. 281; 1998, No. 10, Art. 37; 2002, No. 1, Art. 2; 2005, No. 51, Art. 557; 2007, No. 5-6, of Art. 53; 2013, 2, 4) to state No. to the Art. in the following edition:

"Article 4. Control of import of import agricultural products

Agricultural products which are imported (are sent) on customs area of Ukraine, are subject radiological, and in case of import of objects of the state control - goods of the first or fifth, seventh, tenth, twelfth, fourteenth or sixteenth, nineteenth, twenty first, twenty third groups according to the Ukrainian classification of goods of foreign economic activity (UKTVED) - the state control that is performed by the central executive body realizing state policy in the field of safety and separate indicators of quality of foodstuff and the central executive body realizing state policy in the field of veterinary medicine. Import to Ukraine of foodstuff and the accompanying materials is performed according to the procedure, determined by the law".

2. In the Law of Ukraine "About the state system of biosafety during creation, testing, transportation and use of genetically modified organisms" (Sheets of the Verkhovna Rada of Ukraine, 2007, No. 35, Art. 484; 2010, No. 9, Art. 90; 2012, No. 42, Art. 529; 2013, No. 46, Art. 640):

In paragraph four of Article 5 of the word "and products made with their use" to exclude 1);

2) in Article 7:

in paragraph six of the word "and products received with their use" to exclude;

word in paragraph seven of "the forages and foodstuff and forages made from GMO" to exclude;

Article 10-1 to exclude 3);

The paragraph the fourth Article 10-2 to exclude 4);

Paragraphs the third and fifth Article 11 to exclude 5);

6) in Article 11-1:

in the paragraph the second to exclude the words "contain GMO or received with their use";

the fourth to exclude the paragraph;

7) in Article 14:

in part two of the word "and products made with their application" to exclude;

in part three:

third to exclude the paragraph;

in paragraph four of the word "and also the foodstuff, cosmetics, medicines containing GMO or received with their use" to exclude;

in paragraph five of the word "and also the feed additives and veterinary medicines containing GMO or received with their use" to exclude;

in parts six and the seventh to exclude the words "and products made with their application".

3. In the Code of Ukraine about administrative offenses (The sheet of the Supreme Council of USSR, 1984, appendix to No. 51, the Art. 1122):

1) in Articles 15, 42, 231, 236, the 242-1, 244-4, 244-7 and 259 words of "sanitary and hygienic and sanitary and anti-epidemic rules and regulations", "the state sanitary and hygienic and sanitary and anti-epidemic rules and regulations" and "sanitary and hygienic and sanitary and anti-epidemic rules" shall be replaced with words "sanitary standards";

Article 42-3 to exclude 2);

Chapter 12 to add 3) with Article 166-22 of the following content:

"Article 166-22. Violation of requirements of the legislation on safety and separate indicators of quality of foodstuff

Realization of the unregistered objects of the sanitary actions provided by the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff" -

attracts imposing of penalty on citizens from forty five to sixty free minima income of citizens.

Turnover of unsuitable foodstuff -

attracts imposing of penalty on citizens from thirty to forty five free minima income of citizens.

Violation of parameter values of safety of objects of the sanitary measures established by the legislation on safety and separate indicators of quality of foodstuff -

attracts imposing of penalty on citizens from fifty to sixty free minima income of citizens.

Note. The term "address" applied in this Article is used in the value given in the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff";

Paragraph one of article 167 after the word of "products" to add 4) with words "(except foodstuff)";

Paragraph one of Article 169 to add 5) with words "(except foodstuff)";

The name and the text of article 170 after the word of "products" to add 6) with words "(except foodstuff)";

7) in Article 170-1:

to add the name after the word of "products" with words "(except foodstuff)";

in paragraph one of the word "Introduction by the Producer or Supplier in the Product Circulation (including Import)" shall be replaced with words "Introduction into circulation of products (except foodstuff)";

8) in article 221 of figure "42-1-42-3" to replace with figures "42-1, 42-2", and after figures "166-21" to add with figures "166-22";

9) in Item of 1 part one of Article 255:

in the paragraph "bodies of the public sanitary and epidemiologic service (Article 42-1-42-3, 188-22)" the word and figures" (Article 42-1-42-3)" to replace with the word and figures "(Article 42-1, 42-2)";

the paragraph "the central executive body realizing state policy in the field of veterinary medicine, authorized divisions of veterinary militia (Article 42-1-42-3, 107, 188-22)" to state in the following edition:

"The central executive body realizing state policy in the field of safety and separate indicators of quality of foodstuff, the central executive body realizing state policy in the field of veterinary medicine, authorized divisions of veterinary militia (Article 42-1, 42-2, 107, 166-22, 188-22)".

4. In the Economic code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003, Art. No. No. 18-22, 144):

1) in Article 246:

third to state part in the following edition:

"3. The bases and procedure for restriction and stop of activities of subjects of managing, and also power of authorized bodies to make relevant decisions are established by the law";

the fourth to exclude part;

2) in the text of the Code of the word "state standard" in all cases and numbers shall be replaced with words "the national standard" in the corresponding case and number.

5. In the Law of Ukraine "About consumer protection" (Sheets of the Verkhovna Rada of Ukraine, 2006, No. 7, Art. 81 with subsequent changes):

Article 1 to add 1) with part two of the following content:

"The terms "foodstuff", "unsuitable foodstuff" are used in the value given in the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff";

To add 2) with Article 1-1 of the following content:

"Article 1-1. Coverage of this Law

1. This Law governs the relations between consumers of goods (except foodstuff if other is directly not established by this Law), works and services and producers and sellers of goods, contractors and services";

Part third of Article 5 to state 3) in the following edition:

"3. Consumer protection perform the central executive body which creates and provides realization of state policy in the field of consumer protection, the central executive body realizing state policy in the field of the state control of compliance with law about consumer protection, local public administrations, other executive bodies, local government bodies according to the law and also courts.

Consumer protection in the field of safety and quality of foodstuff, informing on their properties, including marking, performs the central executive body realizing state policy in the field of safety and quality of foodstuff";

In paragraph one of part two of Article 7 of the word "on the label or in" to exclude 4);

Part the eighth Article 8 to state 5) in the following edition:

"8. In case of acquisition by the consumer of unsuitable foodstuff the seller shall replace it with foodstuff which is suitable for the use, or to return to the consumer the means paid to them. Settlings with the consumer are in that case carried out according to the procedure, provided by the paragraph third parts seven of this Article";

6) in Article 14:

to exclude paragraph two of part one;

third parts two to exclude the paragraph;

in part four:

word in paragraph one "acts of the legislation or other regulating documents" shall be replaced with words "technical regulations", and "declarations of conformity and/or" to exclude words;

state paragraph two in the following edition:

"Sales of products not marked if it is provided by the technical regulation on the corresponding type of products, and/or without carrying out the assessment procedures of compliance provided by the corresponding technical regulation is forbidden by national mark of conformity";

the fifth to state part in the following edition:

"The manufacturer (contractor) shall pay in full the damages caused to consumers connected with withdrawal of products";

the sixth to exclude part;

7) in Article 15:

in part one:

exclude Item 2;

state Item 3 in the following edition:

"3) data on the main properties of products, nominal quantity (weight, I will eat around, etc.), use conditions";

state Item 5 in the following edition:

"5) mark about availability as a part of products of genetically modified organisms";

third parts two to exclude the paragraph;

the third or sixth to add parts with the paragraph of the following content:

"Action of provisions of this part extends to products which are foodstuff";

8) in Article 23:

in paragraph one of part one of the word "including restaurant economy" to exclude;

to exclude paragraph two of part two;

9) in Article 26:

state the name in the following edition:

"Article 26. Powers of the central executive body realizing state policy in the field of the state control of compliance with law about consumer protection";

in part one:

the paragraph one to state in the following edition:

"1. The central executive body realizing state policy in the field of the state control of compliance with law about consumer protection exercises the state control of compliance with law about consumer protection, provides realization of state policy on consumer protection and has the right";

state Item 2 in the following edition:

"2) to check observance by subjects of managing who perform activities in the field of trade and services, requirements of regulatory legal acts for safety of products, and also rules of trade and provision of services by free visit and inspection according to the legislation of any production, trade and storage facilities of such subjects";

in Item 3 of the word "including restaurant economy" to exclude;

state item 4 in the following edition:

"4) to carry out control inspections of correctness of settlings with consumers for goods sold, including foodstuff, according to the law";

to state the subitem "g" of Item 7 in the following edition:

"d) prohibit subjects of managing realization of incorrectly marked foodstuff or unsuitable foodstuff";

in Item 8 of the word "including restaurant economy" to exclude;

The word "legislation" to replace 10) in Article 27 with the word "law".

6. In the Law of Ukraine "About ensuring sanitary and epidemic wellbeing of the population" (Sheets of the Verkhovna Rada of Ukraine, 1994, No. 27, Art. 218 with subsequent changes):

1) in Article 1:

in the paragraph the seventeenth to exclude words of "foodstuff and drinks";

paragraphs the nineteenth-twenty first, the twenty seventh, twenty eighth and thirtieth-thirty fifth to exclude;

add with part two of the following content:

"The term "foodstuff" is used in the value given in the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff";

To add 2) with Article 1-1 of the following content:

"Article 1-1. Law coverage

Provisions of this Law do not extend to foodstuff, except foodstuff concerning which sanitary and epidemiologic investigations of the diseases caused by infectious diseases, mass noninfectious diseases, poisonings and radiation defeat of people are made";

3) in Article 14:

in the name and the text of the word of "state standards" in cases shall be replaced with words "national standards";

the third and fifth to exclude parts;

Article 17 to exclude 4);

To exclude 5) in part one of Article 18 of the word "and state standard";

The paragraph of the sixth Article 33 to state 6) in the following edition:

"Conducting sanitary and epidemiologic investigations of the diseases caused by infectious diseases, mass noninfectious diseases, poisonings and radiation defeats of people and control of elimination of their reasons and conditions of origin and distribution";

The subitem "zh" of part one of Article 42 to exclude 7);

To exclude part one and the Item "g" of part two of Article 46.

7. Article 22 of the Law of Ukraine "About retirement, conversion, utilization, destruction or further use of low-quality and dangerous products" (2000, 12, the Art. 95) to state sheets of the Verkhovna Rada of Ukraine to No. in the following edition:

"Article 22. Responsibility for violation of the legislation on retirement, conversion, utilization, destruction or further use of low-quality and dangerous products

Persons guilty of violation of the law about retirement, conversion, utilization, destruction or further use of low-quality and dangerous products, bear disciplinary, administrative, civil, criminal liability according to the law.

Officials of executive bodies in the field of retirement of low-quality and dangerous products and the further treatment of her bear responsibility according to the law".

8. In the List of documents of allowing nature in the field of economic activity approved by the Law of Ukraine "About the List of documents of allowing nature in the field of economic activity" (Sheets of the Verkhovna Rada of Ukraine, 2011, No. 47, Art. 532 with subsequent changes):

Item 79 to exclude 1);

Item 80 to state 2) in the following edition:

"80.          Operational permission            the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff".

9. In the Decree of the Cabinet of Ministers of Ukraine of May 10, 1993 No. 46-93 "About standardization and certification" (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 27, the Art. 289):

Article 1 to add 1) with the paragraph the second the following content:

"Provision of the Decree do not extend to products which are foodstuff";

2) in Article 15:

state Item 1 in the following edition:

"1. Obligatory certification on compliance to requirements of regulating documents is carried out by certification bodies irrespective of pattern of ownership only in the state system of certification";

the third offer of Item 3 to exclude;

3) in Article 18:

in part one of the word "on questions" shall be replaced with words "provides forming of state policy in the field of";

parts the second, third and fourth to replace with one part of the following content:

"The central executive body realizing state policy in the field of technical regulation, or the certification body authorized on implementation of these activities accredited in accordance with the established procedure including data on the certified products in the Unified register of products certified in Ukraine based on certificates of conformity, certificates on recognition of compliance. The unified register of products certified in Ukraine is posted on the official site of body".

With respect thereto the fifth and sixth to consider parts respectively parts three and the fourth;

And "the central executive body concerning technical regulation" in all cases to replace 4) in the text of the Decree of the word of "state standards" respectively with the words "national standard" and "the central executive body realizing state policy in the field of technical regulation" in the corresponding case.

10. In the Law of Ukraine "About drinking water and drinking water supply" (Sheets of the Verkhovna Rada of Ukraine, 2002, No. 16, Art. 112 with subsequent changes):

1) in Article 1:

third to state the paragraph in the following edition:

"Drinking water - the foodstuff suitable for consumption by the person";

add with part two of the following content:

"Other terms are used in the value given in the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff";

Article 26 to exclude 2);

Article 27 to state 3) in the following edition:

"Article 27. Standards in the field of drinking water and drinking water supply

The system of standards in the field of drinking water and drinking water supply includes the national standards, the international and regional standards determining techniques of researches (testing) of safety and quality of drinking water. The specified national standards are developed, affirm, reviewed and change according to requirements of the Law of Ukraine "About standardization";

Article 28 to state 4) in the following edition:

"Article 28. Approval of indicators of safety and separate indicators of quality of drinking water

Approval of indicators of safety and separate indicators of quality of drinking water performs the central executive body which creates and provides realization of state policy in the field of health care which approves the list of referens-techniques of measurement of content (levels) of pollutants, remaining balance of pesticides of drinking water.

Approval of indicators of safety and separate indicators of quality of drinking water is performed according to international standards, instructions or recommendations and other documents of relevant international organizations or requirements of the European Union law for drinking water in the absence of the requirements established in the specified documents.

Approval of indicators of safety and separate indicators of quality of drinking water which are not established in documents of relevant international organizations and the European Union or determining higher level of protection of health and consumer interests, is performed only after scientific reasons which shall correspond to criteria (requirements) determined for such reasons by relevant international organizations.

The central executive body which creates and provides realization of state policy in the field of health care with frequency once in five years performs review of indicators of safety and separate indicators of quality of drinking water for the purpose of their reduction in compliance with requirements of this Article. In case of the circumstances causing need of such review it is performed out of turn and immediately";

Article 30 to exclude 5);

Part third of Article 43 to state 6) in the following edition:

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