Working draft of the Food Act with registration No 702-01-18/26.09.2017, submitted for notification by the Committee on Agriculture and Food to the 44th National Assembly by letter No КЗХ 803-04-6/21.09.2018

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FOOD ACT

With effect from 9 June 2020

Published in State Gazette No 52 of 9 June 2020

Chapter One

GENERAL PROVISIONS

Section I

SUBJECT AND PURPOSE OF THE ACT

Article 1. (1) This act shall govern:
Subject and purpose of the Act

Article 1. (1) This Act shall govern:

1. the requirements for food safety;

2. requirements for production, processing and distribution of food and for placing food on the market;

3. requirements for packaging, labelling, presentation and advertising of foods;

4. rights and obligations of business operators who produce, process or distribute food;

5. requirements for production and placing on the market of materials and articles intended to come into contact with food;

6. rights and obligations of business operators placing on the market materials and articles intended to come into contact with food;

7. terms and conditions for carrying out food banking activities;

8. requirements for selling food from a distance;

9. powers of the authorities for official control of the production, processing and distribution of food;

10. coordination of state policy in the food business to ensure its sustainable development;

12. functions and powers of the branch organisations of the producers, processors and distributors of food;

11. functions of the National Food Council;

13. requirements for Conciliation Committee activities.

(2) The provisions of this act shall not apply to:
2. the requirements for business operators and individuals working at food production, processing and/or distribution sites;

3. the requirements for packaging, labelling, presentation and advertising of foodstuffs;

4. the requirements for production, processing and/or distribution of food;

5. the requirements for facilities for production and wholesale activities and the requirements for retail trade in materials and articles intended to come into contact with food;

6. the requirements for the transport of food;

7. the requirements for distance selling of food;

8. the requirements for natural mineral, spring and table waters;

9. the requirements for foods intended for infants and young children, foods for special medical purposes and foods that contain vitamins, minerals and certain other substances;

10. the requirements for additives, enzymes and flavourings used in foodstuffs and food supplements;

11. the requirements for food intended for use in intense muscular effort;

12. the requirements for genetically modified food;

13. the requirements for foodstuff treated with ionising radiation;

14. the requirements for smoke flavourings used or intended for use in or on foods;

15. the requirements for novel food;

16. the terms and conditions for carrying out food banking activities;

17. the official authorities controlling the production, processing and/or distribution of food;

18. the terms and conditions for food export;

19. the functions of the National Food Council;

20. the functions and the powers of the branch organisations of producers, processors and/or distributors of food;

21. the requirements for the activity of the Conciliation Committee.

(2) The provisions of this Act shall not apply to:

1. primary production of food for private consumption in the household;


3. production, preparation, processing, labelling and placing on the market of foods under Article 1 of the Wine and Spirit Drinks Act.

Article 2. This act shall aim to:
Article 2. This Act shall aim to:

1. ensure a high level of protection of consumer health and interests in relation to food;

2. ensure the implementation of European Union law and national measures in the area of food.

Article 3. State policy on food safety shall be conducted by the Minister for Agriculture, Food and Forestry, the Minister for Health and the Minister for Economy, according to the powers provided to them by law.

Section IІ

General requirements for food
Article 3. The state policy in the area of food safety shall be conducted by the Minister for Agriculture, Food and Forestry, the Minister for Health and the Minister for the Economy in accordance with the powers conferred on them by law.

Section II

Requirements for food

Article 4. (1) Food shall be fit for human consumption as regards its physical, chemical, radiological and microbiological properties and make-up and shall not constitute a hazard to human health.

(2) Food shall meet the production, processing and distribution requirements laid down by the law, its implementing legislation and European Union law in the area of food.

Article 5. Specific requirements for food groups and particular foods as well as for their production, processing and distribution shall be specified by regulation of the Council of Ministers.

Article 6. National measures in accordance with Article 1(3) and Article 13(3) of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139 of 30 April 2004), hereinafter Regulation (EC) No 852/2004, shall be laid down by regulations by the Minister of Agriculture, Food and Forestry and the Minister of Health respectively.

Article 7. National measures in accordance with Article 1(4) and Article 10(3) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139 of 30 April 2004), hereinafter Regulation (EC) No 853/2004, shall be laid down by regulations by the Minister for Agriculture, Food and Forestry.

Article 8. Industry standards and guidelines shall apply for good manufacturing, retail and hygiene practices for food and for the introduction, implementation and maintenance of permanent procedures based on the principles of Hazard Analysis and Critical Control Points (HACCP) in the production, processing and distribution of food.

Section IIІ

Requirements for business operators and individuals working at food production, processing and distribution sites

Article 9. Food business operators, hereinafter ‘business operators,’ are required to have information on food, animals and materials used in the production, processing and distribution of food under their control.

Article 10. Business operators who carry out primary production shall:

1. keep self-monitoring records on-site, including food technological records;

2. provide control bodies with access to the locations, documentation and information relevant to their activities;

3. assist in the performance of official controls.

Article 11. (1) Business operators, with the exception of those under Article 10, and pharmacies and parapharmacies pursuant to Article 30(1), shall introduce, apply and maintain procedures in accordance with Article 5 of Regulation (EC) No 852/2004 and Annexes II and III to Regulation (EC) No 853/2004, as well as develop, apply, maintain and update technological documentation or national, approved or industry standards for the food they produce.

(2) Business operators shall ensure food safety, including by means of laboratory tests of samples according to their self-regulatory programmes.

Article 12. Business operators shall immediately notify the competent authorities of any danger to human health associated with the food they produce, process or distribute or that they have otherwise become aware of.

Article 13. In the event of a foodborne disease, business operators shall provide necessary assistance to the Regional Health Inspectorate and the Regional Food Safety Directorate for the containment and eradication of the disease.

Article 14. A person working at a food production, processing or distribution site shall pass preliminary and periodic medical examinations pursuant to the regulation in accordance with Article 34(3) of the Health Act.

Article 15. (1) At least one person shall be appointed under an employment contract in a food production site that has:

1. higher or secondary education in the field of the agri-food industry; or

2. a professional qualification in the agri-food industry in accordance with the requirements of the Vocational Education and Training Act; or

3. higher education in the fields of medicine or pharmacy in the case of a site producing food supplements, foods intended to meet the expenditure of intense muscular effort and foods under Chapter III, Section II.

(2) Recruiting a person under an employment contract is not required when the site is managed by a business operator that meets one of the requirements under paragraph 1.
(2) Food shall meet the production, processing and/or distribution requirements laid down by the law, the regulations for its implementation and European Union law in the area of food.

Article 5. The specific requirements for food groups and subgroups or for a certain food from food groups or subgroups, for their production, processing and/or distribution shall be laid down in regulations of the Council of Ministers.

Article 6. The Minister for Agriculture, Food and Forestry, respectively the Minister for Health shall adopt regulations laying down national measures in accordance with Article 1(3) and Article 13(3) of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, hereinafter referred to as ‘Regulation (EC) No 852/2004’.

Article 7. (1) The Minister for Agriculture, Food and Forestry shall adopt regulations laying down national measures in accordance with Article 1, paragraphs 4 and 5, and Article 10(3) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin, hereinafter referred to as ‘Regulation (EC) No 853/2004’.

(2) The health requirements for animals of which food is obtained shall be determined by a regulation of the Minister for Agriculture, Food and Forestry introducing the requirements set out in Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption.

Article 8. Industry standards and guidelines shall apply to good manufacturing, retail and hygiene practices for food and for the introduction, implementation and maintenance of permanent procedures based on the principles of the Hazard Analysis and Critical Control Points (HACCP) system in the production, processing and/or distribution of food in accordance with Article 5 of Regulation (EC) No 852/2004 and Annexes II and III to Regulation (EC) No 853/2004.

Section III

Requirements for business operators and individuals working at food production, processing and/or distribution sites

Article 9. Food business operators producing, processing and/or distributing foodstuffs, hereinafter referred to as ‘business operators’, are required to have information on the food, animals and materials used in the production, processing and/or distribution of food under their control.

Article 10. Business operators, with the exception of those carrying out primary production and of pharmacies and para-pharmacies under Article 30(1), shall put in place, implement and maintain a permanent procedure or procedures in accordance with Article 5 of Regulation (EC) No 852/2004 and Annexes II and III of Regulation (EC) No 853/2004, and technical documentation and/or national, approved or industry standards for the food they produce.

Article 11. In the event of a foodborne disease, business operators shall provide the necessary assistance to the relevant Regional Health Inspection and the Regional Food Safety Directorate for the purpose of containment and eradication of the disease.

Article 12. Persons working in undertakings for production, processing and/or distribution of food shall undergo preliminary and periodic medical examinations in accordance with the procedure laid down in the regulation under Article 34(3) of the Health Act.

Article 13. (1) At least one person shall be appointed under an employment contract in a food production establishment that has:

1. higher or secondary education in the field of the food industry; or

2. a professional qualification in the food industry in accordance with the requirements of the Vocational Education and Training Act; or

3. higher education in the professional field of ‘veterinary medicine’, or

4. higher education in the fields of ‘medicine’ or ‘pharmacy’ in the case of a site producing food supplements, foods intended for use in case of intense muscular effort, and foodstuffs under Chapter Three, Heading ІІ.

(2) Employing a person under an employment contract shall not be necessary where the undertaking is managed by a business operator meeting at least one of the requirements referred to in paragraph 1.

Section IV

Packaging, labelling and advertising of foodstuffs