RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 2, 2015 No. 667

About approval of the Regulations on Public service of Ukraine on safety issues of foodstuff and consumer protections

The Cabinet of Ministers of Ukraine decides:

1. Approve Regulations on Public service of Ukraine on safety issues of foodstuff and consumer protections which is applied.

2. This resolution becomes effective from the date of its publication, except the subitem 5 of Item 3 and the subitem 8 of item 4 of the Provision approved by this resolution which become effective along with entry into force of the Law of Ukraine of June 5, 2014 No. 1314-VII "About metrology and metrological activities".

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 2, 2015 No. 667

Regulations on Public service of Ukraine on safety issues of foodstuff and consumer protections

1. Public service of Ukraine on safety issues of foodstuff and consumer protections (Держпродспоживслужба) is the central executive body which activities go and coordinated by the Cabinet of Ministers of Ukraine and realizing state policy in the field of veterinary medicine, spheres of safety and separate indicators of quality of foodstuff, quarantine and protection of plants, identification and registration of animals, the sanitary legislation, sanitary and epidemic wellbeing of the population (except accomplishment of functions on realization of state policy in the field of epidemiological surveillance (observation) and in the field of occupational health and functions on implementation of radiation control of workplaces and doses of radiation of workers), on control of the prices, the prevention and reduction of the use of tobacco products and their adverse effect on health of the population, metrological supervision, market supervision within the sphere of the responsibility, seed farming (regarding certification of seeds and landing material), registration and accounting of machines in agro-industrial complex, the state supervision (control) in the field of agro-industrial complex, the state supervision (control) in the field of protection of the rights to plant varieties, seed farmings, the state control of compliance with law about consumer protection and advertizing in this sphere, behind quality of grain and products of its conversion, state supervision (control) of observance of measures of biological and genetic safety of rather agricultural plants during creation, research and practical use of genetically modified organism in open systems at the companies, in organizations and the organizations of agro-industrial complex, irrespective of their subordination and pattern of ownership, implementation of radiation control of the level of radioactive pollution of agricultural products and food.

2. The Gosprodpotrebsluzhba in the activities is guided by the Constitution and the laws of Ukraine, presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, other acts of the legislation.

3. The main objectives of Gosprodpotrebsluzhby are:

1) realization of state policy in the field of veterinary medicine, spheres of safety and separate indicators of quality of foodstuff, quarantine and protection of plants, identification and registration of animals, the sanitary legislation, sanitary and epidemic wellbeing of the population (except accomplishment of functions on realization of state policy in the field of epidemiological surveillance (observation) and in the field of occupational health and functions on implementation of radiation control of workplaces and doses of radiation of workers), on control of the prices, the prevention and reduction of the use of tobacco products and their adverse effect on health of the population, metrological supervision, market supervision within the sphere of the responsibility, seed farming (regarding certification of seeds and landing material), registration and accounting of machines in agro-industrial complex, the state control of compliance with law about consumer protection and advertizing in this sphere;

2) implementation according to the law of the state veterinary health control, state supervision (control) of observance of the sanitary legislation, sanitary and epidemic wellbeing of the population (except accomplishment of functions on realization of state policy in the field of epidemiological surveillance (observation) and in the field of occupational health and functions on implementation of radiation control of workplaces and doses of radiation of workers), health and wellbeing of animals, safety and separate indicators of quality of foodstuff, inedible animal products, reproductive material, breeding case in livestock production, biological products, pathological material, veterinary medicines, substances, feed additives, premixes, sterns and other objects of sanitary actions, application of sanitary and veterinary and sanitary actions, preventive and anti-epidemic actions for protection within competence of the territory of Ukraine from penetration of diseases of people, animals and plants from the territory of other states or quarantine zones, requirements of the legislation in the field of seed farming, compliance with law about consumer protection, behind compliance with law about advertizing regarding consumer protection of advertizing, the legislation on storage, transportations, trade and application of remedies of plants, indicators of content of unhealthy substances of the person and ingredients in the tobacco products realized in the territory of Ukraine, observance of requirements for forming, establishment and use of the state regulated prices, implementation of the state supervision (control) in the field of agro-industrial complex, implementation of the state supervision (control) in the field of protection of the rights to plant varieties, in the field of tourism and resorts for quality of grain and products of its conversion, behind observance of measures of biological and genetic safety of rather agricultural plants during creation, research and practical use of genetically modified organisms in open systems at the companies, in organizations and the organizations of agro-industrial complex, irrespective of their subordination and pattern of ownership, on the level of radioactive pollution of agricultural products and food, behind activities of the subjects of managing performing production, transportation, storage, realization of organic products (raw materials);

3) control of accomplishment of phytosanitary measures;

4) implementation of market supervision within the sphere of the responsibility;

5) implementation of metrological supervision;

6) implementation within competence of control of factors of the habitat of the person which exert adverse effect on health of the population.

4. The Gosprodpotrebsluzhba according to the tasks assigned to it:

1) generalizes practice of application of the legislation on the questions which are within its competence develops suggestions for improvement of legal acts, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, regulatory legal acts of the ministries and in accordance with the established procedure represents them to the Minister who provides forming of state policy in the respective sphere;

2) No. 1087 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 25.11.2015

3) in the field of veterinary medicine, spheres of safety and separate indicators of quality of foodstuff and forages, sanitary and epidemic wellbeing of the population, the state supervision (control) of observance of the sanitary legislation, quarantine and protection of plants, pesticides and agrochemicals:

will organize, performs within powers, stipulated by the legislation, the state supervision (control) relatively:

- safety and separate indicators of quality of foodstuff;

- observance of requirements of the sanitary legislation;

- health and wellbeing of animals;

- accomplishment of phytosanitary measures, address of pesticides and agrochemicals, use of biological control organisms;

- holding preventive and destructive actions for pest control in storage locations of product inventories of plant origin;

- substances, feed additives, premixes and forages;

- observance of requirements for identification and registration of animals;

- inedible animal products;

- veterinary medicines;

- reproductive and pathological material;

- capacities on which cultivation, content, production, conversion, storage and turnover of objects of the state control is performed;

prepares submission to the Cabinet of Ministers of Ukraine about introduction or cancellation of the quarantine mode;

submits in accordance with the established procedure proposals on restriction or prohibition of entrance on the territory of Ukraine of her citizens, foreigners and stateless persons, export, import, transit of loads and goods from the states or regions in connection with unsuccessful epidemic situation in their territory;

carries out the state sanitary and epidemiologic examination, issues the corresponding conclusions by results of its carrying out;

exercises control of elimination of the reasons and conditions of origin and spread of infectious, mass noninfectious diseases, poisonings and radiation defeats of people within competence;

develops and performs the sanitary, veterinary and sanitary and phytosanitary measures concerning narrow (certain) group of people or cases, stipulated by the legislation;

participates in realization of scientific and technical, technological and innovative policy, implementation in production of scientific and technical achievements and the best practices concerning veterinary medicine, quarantine and protection of plants, prevention of diseases of the person, and also factors of the habitat of the person, realization of state policy in other certain spheres;

participates in development of sanitary, anti-epidemic (preventive), phytosanitary measures, requirements for separate indicators of quality of foodstuff, forages, technical regulations and standards;

develops and implements the long-term plan of the state control in the field of safety and separate indicators of quality of foodstuff, annually reports to the Cabinet of Ministers of Ukraine on condition of its accomplishment and will promulgate the report on the official site;

approves plans of annual state control and plans of the state monitoring according to the law;

develops, carries out and/or will organize accomplishment of nation-wide programs and/or plans in the field of veterinary medicine, including the state monitoring of health of animals and plants, residual amounts of veterinary medicines and pollutants in live animals, animal products and sterns, dangerous factors and indicators of safety and separate indicators of quality of foodstuff in certain spheres;

establishes frequency of implementation of the state control of each capacity based on results of carrying out risk analysis that is object of the state control;

authorizes laboratories and referens-laboratories on carrying out researches (testing) of objects of sanitary actions for the purposes of the state control;

will organize carrying out in laboratories of researches (testing) for the purposes of the state control;

makes sampling of objects of sanitary measures for the purpose of implementation of the state control;

exercises the state control of use of the permanent procedures based on the principles of analysis system of dangerous factors and control in critical points (HACCP);

takes part in determination of factors which can make harmful effects on health of the person, in evaluating risk and establishment of degree of the risk created by them;

participates in conducting the sanitary and epidemiologic investigations directed to identification of the reasons and conditions leading to origin and spread of infectious diseases including through foodstuff, group and individual food poisonings, mass noninfectious diseases (poisonings) and radiation defeats, cases of violation of regulations of radiation safety, health regulations of work with radioactive materials, other sources of ionizing radiation and takes measures to their elimination according to the legislation;

carries out prelethal and postlethal inspections of animals on the corresponding capacities, and also postlethal inspection of the animals killed on hunting;

carries out efficiency evaluation of veterinary administration of other country and inspection of capacities from which import of objects of sanitary actions is performed;

approves export capacities, and also makes the decision on exception of export capacities or certain types of objects of the sanitary actions which are made/grown up on such capacities, from the register of the approved export capacities;

develops and performs within the powers provided by the law, veterinary and sanitary actions for protection of the territory of Ukraine from entering of especially dangerous diseases included in the list of the International epizootic bureau, or other diseases which are subject to the message from the territories of other states or quarantine zones;

analyzes origins of infectious and other diseases, illnesses of animals and develops recommendations about their liquidation and prevention;

provides in the cases provided by the law, timely establishment of quarantine in case of especially dangerous diseases included in the list of the International epizootic bureau, or other diseases which are subject to the message, holding quarantine and other veterinary and sanitary actions in the infected and buffer zones, observation zone;

reports International epizootic bureau about establishment, the expected period of action and date of cancellation of quarantine of animals concerning especially dangerous diseases included in the list of the International epizootic bureau, or other diseases which are subject to the message;

determines the veterinary and sanitary status of Ukraine and separate zones within its territory, veterinary and sanitary condition of capacities (objects) in Ukraine;

sets restrictions or import ban, transit and export of objects of the state control which can transfer especially dangerous diseases included in the list of the International epizootic bureau, or other diseases, subject to the message, from the certain states or quarantine zones in case of confirmation of the fact of outbreak of such diseases;

exercises the state veterinary health control of collection, utilization and extermination of the dead of animals and waste of animal origin;

exercises the state control of carrying out the market of foodstuff of antiepizootic actions by operators in case of emergency situation if need of such control is established by the law;

confirms opening of hunting season in certain territory after carrying out obligatory epizootic inspection of hunting grounds;

coordinates activities of specialists of veterinary medicine, irrespective of their subordination;

issues to bodies of insurance conclusions about the causes of illness by force hammered, which died or the destroyed animals;

exercises the state control of observance of the quarantine mode and holding phytosanitary actions for quarantine of plants in case of cultivation, procurement, export, import, transportation, storage, conversion, realization and use of subjects to regulation;

performs studying of specific structure, biology and ecology of regulated harmful organisms;

performs informing the public, the international organizations, subjects of agreements which party is Ukraine, about detection, availability, distribution, localization and in case of need about liquidation of regulated harmful organisms;

performs coordination of monitoring, identification and identification of regulated harmful organisms;

prepares the list of regulated harmful organisms and the list of subjects to regulation;

performs preparation of submission to the Cabinet of Ministers of Ukraine about introduction or cancellation of the quarantine mode;

provides to the international organizations, subjects of agreements which party is Ukraine, the message on phytosanitary prohibitions or restrictions;

performs phytosanitary diagnostics and observation of development, distribution and injuriousness of harmful organisms and develops forecasts of development and distribution of harmful organisms together with research establishments;

brings idea of introduction of specific mode of protection of plants and adequate measures of protection of plants for mass development and distribution of especially dangerous harmful organisms;

carries out the state sanitary and epidemiologic examination of plans of the state testing of pesticides and agrochemicals, materials of registration of pesticides and agrochemicals;

approves plans of the state testing of pesticides and agrochemicals and lists of the pesticides and agrochemicals permitted to use in Ukraine;

exercises the state supervision of observance by the companies, organizations, the organizations of all patterns of ownership and citizens of the state sanitary standards and rules, hygienic standard rates and regulations of safe production, transportation, storage, use of pesticides and agrochemicals, on content of residual amount of pesticides and agrochemicals in foodstuff and food staples, in particular the imported officinal herbs, water objects, the water used for economic and drinking supply, bathing, sports occupations, organized rest and with the medical purpose, therapeutic muds, soils on lands of settlements, improving and recreational appointment;

determines the list of organizations which conduct toksikologo-hygienic (medicobiological) researches of pesticides and agrochemicals;

Performs state registration of GMO of sources of foodstuff, forages, feed additives and veterinary medicines;

approves the list of the corresponding techniques of detection and identification of GMO;

carries out monitoring of the forages, feed additives and veterinary medicines received with use of genetically modified organisms, by criterion of availability to them the registered GMOs of sources;

authorizes accredited laboratories on carrying out monitoring of the forages, feed additives and veterinary medicines received with use of genetically modified organisms, by criterion of availability in them the registered GMOs of sources;

approves techniques of determination of compliance of pesticides and agrochemicals to quality certificates and methodical instructions of determination of content of residual amounts of pesticides in water, the soil and agricultural products;

performs stipulated by the legislation measures for the termination of violation of the sanitary legislation;

performs sanitary actions for protection of the territory of Ukraine by carrying out the state sanitary and epidemiological surveillance (control) of observance of the sanitary legislation, medical and sanitary control (examination) for the purpose of prevention of entrance on the territory of Ukraine of vehicles, cargo importation, goods and other objects, including medicines, biological, chemical and radioactive materials, and also materials and waste which can create danger to life and health of the population (except the actions connected with implementation of medical and sanitary observation (epidemiological surveillance (observation), and also, in addition to accomplishment of functions on implementation of radiation control of workplaces and doses of radiation of workers);

exercises control of observance of indicators of content of unhealthy substances of the person and ingredients in tobacco products which are implemented in the territory of Ukraine, and carries out monitoring of efficiency of the undertaken measures for the prevention and reduction of the use of tobacco products and their adverse effect on health of the population;

4) in the field of seed farming:

performs certification of seeds and landing material;

issues confirmation for import to Ukraine of seeds and landing material of plant varieties for selection, research works and exhibiting;

keeps the State register of producers of seeds and landing material;

keeps the Register of certificates on seeds and/or landing material;

performs certification of subjects of seed farming for provision of the right to production and realization of seeds and landing material;

carries out expertize of the design estimates on creation and irrigation of plantings of fruit, berry, nuciferous, rare crops, grapes, hop and other long-term plantings;

exercises the state supervision (control) of observance of requirements of the legislation in the field of seed farming;

provides control of production, reproduction, preserving, realization and use of seeds and landing material, improvement of their high-quality, sowing and fruitful qualities;

Will organize 5) in the field of protection of the rights to plant varieties and exercises the state supervision (control) for:

observance by legal entities of requirements of the legislation for protection of the rights to plant varieties in the field of production, use, storage, realization and reproduction of landing material of plant varieties;

safety of plant varieties, registration of license agreements for their use and payment of award;

conducting primary seed farming by owners of property rights of intellectual property and podderzhivatel of plant varieties;

acquisition of rights plant varieties and their registration;

import to Ukraine of landing material (seeds) of the unregistered plant varieties in Ukraine;

respect for personal non-property copyright on grade, property right of the owner of grade, the right of prezhdepolzovaniye and the right in case of recovery of the rights to grade, the rights to distribution of grade in Ukraine, the rights of the author of grade in case of refusal the owner from property right on grade, procedure for export from Ukraine of landing material (seeds) of plant varieties containing intellectual property item, requirements of the agreement signed between the employer and the author of grade on payment of fair remuneration;

6) in the field of implementation of the state supervision (control) of compliance with law about consumer protection (including consumers of products from precious metals and gemstones):

checks observance by subjects of managing who perform activities in the field of trade and services, requirements of the consumer protection law, and also rules of trade and provision of services;

carries out control inspections of correctness of settlings with consumers for goods sold according to the law;

imposes on subjects of managing of the sphere of trade and services, including restaurant economy, collection for violation of the law about consumer protection;

transfers materials of checks on actions of persons containing signs of criminal offense, to bodies of pre-judicial investigation;

7) in the field of implementation of the state market supervision:

will organize project development of sectoral plans of market supervision, approves sectoral plans of market supervision, performs monitoring of execution and review of such plans;

performs according to the legislation monitoring of the reasons and the number of addresses of consumers (users) about protection of their right to safety of products, the reasons and the number of accidents and cases of damnification for human health owing to consumption of products (use of it);

performs product characteristics, including selects product samples and provides conducting their examination (testing);

checks observance of requirements for representation of products at the venue of fair, exhibition, display or demonstration in a different way of products which are not conforming to the established requirements, and in the cases determined by the law issues instructions about immediate elimination of violations of requirements concerning representation of such products and makes the decision on the immediate termination of representation of these products at the venue corresponding fairs, exhibitions, display or demonstration in a different way of products, performs accomplishment by subjects of managing of the corresponding instructions and decisions;

accepts in the cases and procedure determined by the law, the decision on acceptance of the rationing (adjusting) arrangements exercises control of condition of accomplishment by subjects of managing of these decisions;

performs monitoring of actions of subjects of managing for retirement and/or withdrawal of products on which the decision on retirement and/or response is made;

takes adequate measures to the timely warning of consumers (users) of the revealed danger which is constituted by products;

takes measures to adjustment of cooperation with subjects of managing concerning prevention or reduction of risks which are presented by products provided by these subjects of managing at the market;

accepts according to the procedure, determined by the law, measures to accountability of persons guilty of violation of the established requirements;

directs materials of checks to law enforcement agencies for the solution of questions of criminal prosecution of persons whose actions contain signs of criminal offense;

generalizes results of implementation of market supervision, analyzes the reasons of the revealed violations, develops and makes in accordance with the established procedure offers on review of the established requirements if they do not provide the due level of protection of public concerns;

provides preparation, retraining and advanced training of the officials exercising market supervision;

develops and performs the measures directed to increase in efficiency of the activities for implementation of market supervision;

informs state bodies, local government bodies and the public on results of implementation of market supervision;

8) in the field of implementation of metrological supervision:

checks activities of subjects of managing for observance of metrological requirements by them;

gives legislatively regulated means of the measuring equipment, being in operation, for inspection checking in cases, stipulated by the legislation;

checks quantity of the packed-up goods in packagings during its packing and sale;

9) exercises control of compliance with law about advertizing regarding advertizing consumer protection, makes the decision on recognition of advertizing unfair, hidden, on recognition of comparison in advertizing illegal with simultaneous suspension of its distribution;

10) applies financial sanctions against subjects of managing for violation of the law about measures for the prevention and reduction of the use of tobacco products and their adverse effect on health of the population;

11) in the field of observance of requirements for forming, establishment and use of the state regulated prices:

exercises the state supervision (control) of observance of requirements of forming, establishment and use of the state regulated prices;

exercises the state supervision (control) of the accuracy of the information specified in documents about forming, establishments and use of the state regulated prices;

provides in cases, stipulated by the legislation, conclusions of rather economic case of expenses when pricing (rates) for goods, works and services concerning which state regulation of the prices (rates) is entered;

provides to executive bodies, local government bodies, subjects of managing instructions, obligatory for accomplishment, about elimination of violations of requirements for forming, establishment and use of the state regulated prices;

11-1) in the field of supervision (control) in system of engineering facilities of agro-industrial complex:

carries out expert evaluation of agricultural machinery in case of its alienation in the secondary market;

performs registration and accounting of tractors, self-propelled chassis, self-propelled farm, road-building and meliorative vehicles, agricultural machinery, other mechanisms, issue of registration plates and the relevant registration documents for them, conducting the automated accounting of the registered tractors, self-propelled chassis, self-propelled farm, road-building and meliorative vehicles, agricultural machinery, other mechanisms and systematization of information about their owners with use of the Unified register which holder is;

performs technical condition and operation of the machines which are subject to check on confirmation of conformity to requirements of the legislation;

issues in accordance with the established procedure the conclusions about technical condition of the sold or repaired cars which are subject to check on confirmation of conformity to requirements of the legislation;

carries out technical expertize and expert evaluation of the technical means which became useless as a result of accident or natural disaster and issues the relevant documents on feasibility of their further operation;

checks compliance of material and technical resources and methodical providing educational institutions on preparation, retraining and advanced training of tractor operators-drivers in the procedure established by the legislation, draws the conclusions about compliance of material and technical resources, methodical providing and equipment of educational process for consideration by relevant organs of question of accreditation and issue of licenses for the right of training of tractor operators-drivers of self-propelled machines to them, holds theoretical and practice exams for receipt of the right to control of machines and issues certificates of the tractor operator of the driver by their results;

carries out the state supervision of observance of rules of technical and field service of machines, realization of complete machines, number nodes and aggregates;

carries out independent technical expertize for determination of the reasons of failure of farm vehicles in the course of consideration of claims of buyers to quality of the specified machines and services in the period of warranty periods of operation according to requirements of the Law of Ukraine "About protection of the rights of buyers of farm vehicles";

provides in accordance with the established procedure subjects of managing whose activities are connected with realization of the machines which are subject to registration in Gosprodpotrebsluzhbe, forms of references accounts, exchange agreements, delivery-acceptance certificates of machines and registration plates "Transit" will organize the state control of observance of the legislation by them in the specified sphere;

carries out technical expertize, the analysis and issue of the conclusions about quality of the sold and repaired cars, nodes, aggregates and their components in connection with consideration of the corresponding claim of the owner (user) about quality of fuels and lubricants which provide agro-industrial complex; about residual motor potential in case of determination of realizable cost of the machine, node, the aggregate;

keeps the register of the educational institutions performing preparation, retraining and advanced training of tractor operators-drivers and exercises the state control of observance of requirements of the legislation by them in the specified sphere;

creates and keeps the electronic register of subjects of managing which perform wholesale and retail trade by tractors, self-propelled chassis, self-propelled farm, road-building and meliorative vehicles, agricultural machinery, other mechanisms of national and foreign production and their components having identification numbers;

11-2) will organize and exercises the state supervision (control) regarding operation and technical condition of machines for:

observance of requirements of the legislation by accredited subjects of managing who perform technical condition and identification of machines;

compliance with law in the field of consumer protection on the acquired or repaired agricultural machinery and the completing nodes and aggregates to them;

observance of rules of technical and field service of machines;

technical condition and operation of the machines which are subject to check on confirmation of conformity to requirements of the legislation;

Performs 12) within the powers provided by the law, the state supervision (control) of observance of requirements of the legislation concerning tourist activities;

12-1) in the field of control of quality of grain and products of its conversion:

exercises the state control of observance by grain warehouses of regulations of storage of grain and products of its conversion in the course of storage of grain and products of its conversion;

exercises the state control of quality of grain and products of its conversion;

carries out expertize of grain and products of its conversion, and also makes conclusions on possibility of their further use or destruction;

12-2) will organize and exercises the state supervision (control) of observance of measures of biological and genetic safety of rather agricultural plants during creation, research and practical use of genetically modified organisms in open systems at the companies, in organizations and the organizations of agro-industrial complex, irrespective of their subordination and pattern of ownership;

12-3) exercises radiation control of the level of radioactive pollution of agricultural products and food;

12-4) in the field of production and the address of organic products (raw materials):

exercises the state supervision (control) of activities of the subjects of managing performing production, transportation, storage, realization of organic products (raw materials);

keeps the register of producers of organic products (raw materials) and provides publication of official information about persons enabling production and the realization of organic products (raw materials);

distributes information on production and realization of organic products (raw materials), organic products, system of guarantees and control in mass media with involvement of concerned parties;

13) makes in the cases provided by the law the decision on destruction of products or other decision concerning the subsequent treatment of her;

Conducts 14) and uses registers (databases) according to the law;

15) is provided by open and free access to registers which maintaining according to the legislation is assigned to Gosprodpotrebsluzhbu;

16) in the cases established by the law issues the documents of allowing nature provided by the Law of Ukraine "About the List of documents of allowing nature in the field of economic activity";

17) is carried out by licensing of economic activity according to the law and exercises the state control of observance by licensees of licensed conditions;

Develops 18) within the powers provided by the law, industry and cross-industry programs of research works;

19) within the powers provided by the law constitutes protocols and considers cases on offense;

20) will be organized within competence by scientific and technical and other informing the ministries, other central executive bodies, educational institutions and research establishments of Gosprodpotrebsluzhby;

21) is performed by representation of interests of Ukraine in the international organizations according to the competence, including International Seed Testing Association (ISTA), in Organization for Economic Cooperation and Development (OECD), in the International council on grain, and also the Commissions on the Code Alimentarius, other international organizations for the questions which are within the competence of Gosprodpotrebsluzhby takes part in work of the relevant committees of the WTO, International epizootic bureau, the International convention of protection of plants, the European and Mediterranean organization of protection of plants;

22) within the powers provided by the law signs the international agreements;

23) is performed by consideration of addresses of citizens on the questions connected with activities of Gosprodpotrebsluzhby, its territorial authorities the, and also companies, organizations and organizations relating to the sphere of its management;

24) exercises control of objects of state-owned property which belong to the sphere of its management;

25) will organize scientific, scientific and technical, information, publishing activities, promotion of achievements and the best practices, promotes creation and implementation of modern technologies in the spheres carried to competence of Gosprodpotrebsluzhby;

26) represents in accordance with the established procedure suggestions for improvement of forms of the state statistical reporting;

27) conducts researches (testing) in the spheres which are within the competence of Gosprodpotrebsluzhby;

28) performs other powers determined by the law.

5. The Gosprodpotrebsluzhba for the purpose of the organization of the activities:

Provides 1) within the powers provided by the law, implementation of actions for prevention and anti-corruption and control of their realization in the device of Gosprodpotrebsluzhby, its territorial authorities at the companies, in organizations and the organizations which belong to the sphere of its management;

2) is performed by personnel recruitment in the device of Gosprodpotrebsluzhby and on executive positions in its territorial authorities, on the companies, in the organizations and the organizations relating to the sphere of its management creates in accordance with the established procedure personnel reserve to the corresponding positions, will organize work on preparation, retraining and increase in government employees and workers of the device of Gosprodpotrebsluzhby and its territorial authorities, at the companies, in organizations and the organizations which belong to the sphere of its management;

3) will organize planned and financial work in the device of Gosprodpotrebsluzhby, exercises control of use of financial and material resources, provides the organization of financial accounting;

4) is performed within the powers provided by the law together with the relevant central executive bodies by control of target and effective use of the public funds provided for projects implementation, accomplishment of programs;

Provides 5) within the powers provided by the law, accomplishment of tasks on mobilization preparation and mobilization readiness of the state;

Provides 6) within the powers provided by the law, realization of state policy of rather state secret, control of its preserving in the device of Gosprodpotrebsluzhby;

7) is provided by record keeping and archive document storage according to statutory rules.

6. The Gosprodpotrebsluzhba for accomplishment of the tasks assigned to it has the right:

To recruit 1) in accordance with the established procedure in holding quarantine actions, provision of the practical help in the organization and control and supervision of accomplishment of veterinary and sanitary actions, studying of single questions of scientists and specialists, workers central and local executive bodies, other state bodies, local government bodies, and also the companies, organizations and the organizations;

2) easy access within the powers provided by the law to capacities and other objects of the state supervision (control);

To receive 3) gratuitously from state bodies and local government bodies, the companies, organizations, the organizations irrespective of pattern of ownership, their officials, and also citizens and public associations information, documents and materials necessary for accomplishment of the tasks and functions assigned to it, including for the purpose of planning of implementation of actions of the state supervision (control);

4) to convene meetings, to form the commissions and working groups, to hold scientific conferences, seminars on the questions which are within its competence;

5) to use the corresponding information databases of state bodies and local government bodies, the state system of government communication and other technical means;

To establish 6) in accordance with the established procedure mass media;

7) to limit, prohibit, to stop activities, to take other response measures according to the law, including to limit or prohibit import (transfer) to customs area of Ukraine, transportation through customs area of Ukraine (transit) of live animals, reproductive material, biological products, pathological material, forages, means of veterinary medicine, conditioning agents for animals, inedible animal products and foodstuff;

8) to perform actions of the state supervision (control) according to the law;

9) to demand according to the law from subjects of managing of elimination of the revealed violations;

To accept 10) within the powers provided by the law, measures for elimination of violations of requirements of the law and involvement of persons, guilty of such violations, to responsibility according to the law;

11) to prohibit operation of machines and other technical means for agro-industrial complex if their technical condition does not conform to requirements of regulating documents for indicators of quality, technological effectiveness and safety, labor protection and environmental protection and if they threaten life and health of workers or create possibility of accident;

12) to stop machines for check of technical condition in case of availability of the signs testimonial of their technical defect;

To receive 13) from the officials and citizens having in property of the machine and other technical means for agro-industrial complex, the documents necessary for the solution of the questions which are within their competence;

14) to check availability at tractor operators-drivers of documents for right to use and controls of machines;

15) to make in stipulated by the legislation cases to tractor operators-drivers warnings, and in case of gross violation of safety regulations and traffic - to put question of deprivation of their right of control of machines;

16) to require the termination of the actions interfering implementation of the state technical supervision;

To constitute 17) in the cases established by the law protocols on administrative offenses, to consider cases on administrative offenses according to the law and to make decisions on imposing of penalties and application of other sanctions provided by the law by results of consideration;

18) to call citizens for receipt of oral or written explanations in connection with violation of requirements of the legislation by them in the field of operation of machines and other technical means for agro-industrial complex;

19) to use the technical devices intended for check of technical condition of machines;

20) to fix process of implementation of planned (unplanned) action or each separate action by audio-and video equipment;

21) to appoint conducting examination, technical diagnostics of machines and other technical means for agro-industrial complex, to receive explanations, references, documents, materials, data on the questions arising when implementing the state technical supervision;

To attract 22) in accordance with the established procedure independent experts and the specialized organizations to conducting checks and preparation of the conclusions for the questions which are within their competence;

23) to take in accordance with the established procedure part in work of the commissions on investigation of the reasons and effects of the accidents which happened during operation of machines and other technical means for agro-industrial complex;

To transfer 24) to law enforcement agencies acts of checks and other materials on the questions which are within their competence.

7. The Gosprodpotrebsluzhba performs the powers directly and through the territorial authorities.

Heads of independent structural divisions of territorial authorities of Gosprodpotrebsluzhby to which implementation of powers of Gosprodpotrebsluzhby in the field of the sanitary legislation, sanitary and epidemic wellbeing of the population is assigned provide accomplishment of functions on approval and signing of stipulated by the legislation documents, powers concerning approval and which signings is within the competence of the chief state health officers of the corresponding administrative and territorial unit (except accomplishment of functions on realization of state policy in the field of epidemiological surveillance (observation) and in the field of occupational health and functions on implementation of radiation control of workplaces and doses of radiation of workers), within powers of the relevant territorial authority.

8. The Gosprodpotrebsluzhba during execution of the tasks assigned to it interacts in accordance with the established procedure with other state bodies, facilitative branches and services formed by the President of Ukraine, the temporary consultative, advisory and other facilitative branches formed by the Cabinet of Ministers of Ukraine, local government bodies, public associations, labor unions and the organizations of employers, relevant organs of foreign states and the international organizations and also with the companies, organizations and the organizations.

9. The Gosprodpotrebsluzhba within the powers provided by the law on basis and in pursuance of the Constitution, the laws of Ukraine, acts of the President of Ukraine, the resolutions of the Verkhovna Rada of Ukraine accepted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine and orders of the ministries issues the relevant orders, will organize and controls their accomplishment.

10. Gosprodpotrebsluzhbu the Chairman who is appointed to position and is dismissed by the Cabinet of Ministers of Ukraine according to the legislation on public service heads.

The chairman Gosprodpotrebsluzhby performs powers in the field of the sanitary legislation, ensuring sanitary and epidemic wellbeing of the population regarding accomplishment of function on approval and signing of stipulated by the legislation documents, powers on approval and to which signing is within the competence of the chief state health officer of Ukraine (except accomplishment of functions on realization of state policy in the field of epidemiological surveillance (observation) and in the field of occupational health and functions on implementation of radiation control of workplaces and doses of radiation of workers).

11. Chairman Gosprodpotrebsluzhby:

1) is headed by Gosprodpotrebsluzhbu, performs management of its activities, represents Gosprodpotrebsluzhbu in the relations with other bodies, the companies, organizations, the organizations in Ukraine and beyond its limits;

Submits 2) for consideration of the Minister who provides forming of state policy in the respective sphere, the drafts of regulatory legal acts developed by Gosprodpotrebsluzhboy on the questions which are within the competence of Gosprodpotrebsluzhby;

3) determines priorities of work of Gosprodpotrebsluzhby and way of accomplishment of the tasks assigned to it, approves plans of its work, reports on their accomplishment;

Will organize 4) and controls accomplishment in the device of Gosprodpotrebsluzhby and its territorial authorities of the Constitution and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine;

5) appoints to position in coordination with the Minister of Economic Affairs, the environment and agricultural industry, chairmen of the relevant local state administrations and dismisses heads of territorial authorities of Gosprodpotrebsluzhby;

6) appoints to position and dismisses in coordination with the Minister of Economic Affairs, the environment and agricultural industry of deputy managers of territorial authorities of Gosprodpotrebsluzhby;

7) appoints to position and dismisses according to the procedure, stipulated by the legislation about public service, government employees of the device of Gosprodpotrebsluzhby;

8) employs and discharges from office according to the procedure, stipulated by the legislation about work, workers of the device of Gosprodpotrebsluzhby;

9) resolves in accordance with the established procedure issues of encouragement and attraction to disciplinary responsibility of government employees and workers of the device of Gosprodpotrebsluzhby, heads of its territorial authorities, appropriates them according to the legislation ranks of government employees if other is not provided by the law;

10) representation concerning representation in accordance with the established procedure brings government employees and workers of the device of Gosprodpotrebsluzhby, its territorial authorities, to rewarding with the state awards;

10-1) brings to the Minister of Economic Affairs, the environment and agricultural industry of the offer on creation within the extreme number of government employees and workers of Gosprodpotrebsluzhby and means provided on its content and also on liquidation, reorganization by the Cabinet of Ministers of Ukraine of territorial authorities of Gosprodpotrebsluzhby who are legal entities of the public law;

11) repeals completely or in separate part acts of territorial authorities of Gosprodpotrebsluzhby;

12) approves regulations on territorial authorities, independent structural divisions of the device of Gosprodpotrebsluzhby;

13) distributes obligations between the deputies;

Creates 14), will reorganize and liquidates the companies, organizations and the organizations, approves their provisions (charters), appoints to position and dismisses their heads, carries out within the powers provided by the law, other functions on management of objects of state-owned property which belong to the sphere of its management;

15) provides carrying out substantive internal audit, planning and coordination of auditor actions and effective control behind their carrying out in the device of Gosprodpotrebsluzhby, its territorial authorities, at the companies, in the organizations and the organizations relating to its sphere of management;

16) provides implementation of information and communication actions, and also the organization of access to the public information which is in ownership of Gosprodpotrebsluzhby;

17) forms the commissions, working and expert groups;

18) makes in accordance with the established procedure the decision on distribution of budgetary funds which manager is Gosprodpotrebsluzhba;

Convokes 19) and holds meetings on the questions which are within the competence of Gosprodpotrebsluzhby;

20) signs orders of Gosprodpotrebsluzhby;

Gives 21) within the powers provided by the law, obligatory for execution by government employees and workers of the device of Gosprodpotrebsluzhby and territorial authorities of the order;

Submits 22) for consideration of the minister who provides forming of state policy in the respective sphere of the offer on representation of Ukraine in the international organizations;

Provides 23) within the powers provided by the law, realization of state policy of rather state secret, control of its preserving in the device of Gosprodpotrebsluzhby, its territorial authorities at the companies, in the organizations and the organizations relating to its sphere of management;

24) performs other powers determined by the law.

12. The chairman Gosprodpotrebsluzhby has deputies, including one first which are appointed to position and are dismissed by the Cabinet of Ministers of Ukraine according to the legislation on public service.

13. For agreed decision of the questions which are within the competence of Gosprodpotrebsluzhby, discussion of the major directions it activities in Gosprodpotrebsluzhbe the board can be formed.

Decisions of board can be implemented by the publication of the relevant order of Gosprodpotrebsluzhby.

For consideration of scientific recommendations, carrying out professional consultations on the main questions of activities of Gosprodpotrebsluzhby can be formed standing or temporary consultative, advisory and other facilitative branches.

The decision on creation or liquidation of board, other standing or temporary consultative, advisory and other facilitative branches is accepted by the Chairman Gosprodpotrebsluzhby. Quantitative and members, regulations on board, other standing or temporary consultative, advisory and other facilitative branches the Chairman Gosprodpotrebsluzhby claims.

14. The extreme number of government employees and workers of Gosprodpotrebsluzhby affirms the Cabinet of Ministers of Ukraine.

Structure of the device of Gosprodpotrebsluzhby the chairman in coordination with the Minister of Economic Affairs, the environment and agricultural industry approves it.

The staff list, the estimate of the device of Gosprodpotrebsluzhby the Chairman in coordination with the Ministry of Finance approves it.

15. The Gosprodpotrebsluzhba is legal entity of the public law, has seal with the image of the State Emblem of Ukraine and the name, own forms, accounts in bodies of Treasury.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info