1. ------IND- 2020 0036 BG- EN- ------ 20200225 --- --- PROJET

Draft

ACT

Agri-food Chain Management
1. -----IND- 2020 0036 BG- EN- ------ 20200831 --- --- FINAL

AGRI-FOOD CHAIN MANAGEMENT ACT

In force as of 20 June 2020

Published in the State Gazette (SG) No 51 of 5 June 2020

Draft: 002-01-10/03.02.2020

Chapter One

GENERAL PROVISIONS

Article 1. (1) This Act shall govern:

1. competent authorities and administrations carrying out the state policy, official controls and risk assessment along the agri-food chain;

2. the functions of the authorities associated with the exchange of information about risks along the agri-food chain;
Article 1. This Act shall govern:

1. the authorities implementing the state policy and carrying out the official controls and other official activities along the agri-food chain;

2. the authorities carrying out risk assessment along the agri-food chain and exchange of information as regards the risk along the agri-food chain;

3. the general requirements for performing official controls and other official activities along the agri-food chain on the territory of the Republic of Bulgaria;

4. the specific requirements for performing official controls and other official activities with regard to food on the territory of the Republic of Bulgaria;

5. the terms and conditions for:

a) drafting and implementation of a multi-annual national control plan (MANCP);

b) setting out national reference laboratories, laboratories for official controls and sampling along the agri-food chain;

6. the coordination and interaction of the official control authorities with other administrative bodies along the agri-food chain;

7. implementation of administrative assistance and cooperation in the agri-food chain sector between the competent authorities of the Republic of Bulgaria, those of other Member States, the European Commission (EC) and other EU institutions, including the use on the territory of the Republic of Bulgaria of the information and data management systems of the EC related to official controls;

8. the measures taken in the event of crisis and emergency situations along the agri-food chain;

9. the financing of the agri-food chain activities.

(2) The activities under the Act are based on the general principles and requirements provided for in Regulation (EC) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities carried out to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant

protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (ОJ L 95, 7/4/2017), hereinafter referred to as Regulation (EC) 2017/625.

Article 2. The provisions of Chapter Three ‘Official controls along the agri-food chain’ shall apply in relation to the official controls and other official activities carried out to ensure the verification of compliance with the legislation in the fields laid down in Article 1(2) of Regulation (EC) 2017/625.

Article 3. The specific requirements when performing official controls on the components of the agri-food chain, except for food, shall be established by specific legal acts in accordance with Articles 12 to 18. The requirements for exercising official controls on food are governed by the Food Act and the Agri-food Chain Management Act.
5. the conditions and the procedure for:

(a) drafting and implementing a multi-annual national control plan (MANCP);

(b) sampling and designating laboratories for the purposes of official controls and national reference laboratories;

6. the coordination and the interaction of the official control authorities with other authorities along the agri-food chain;

7. the administrative assistance and cooperation in the area of the agri-food chain among the competent authorities of the Republic of Bulgaria, the other Member States, the European Commission and other institutions of the European Union;

8. the use on the territory of the Republic of Bulgaria of the information management system for official controls (IМSOC) in accordance with Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the functioning of the information management system for official controls and its system components (OJ, L 261/37 of 14 October 2019);

9. contingency arrangements in case of crises along the agri-food chain;

10. the financing of activities related to the official controls and other official activities along the agri-food chain.

Chapter Two

COMPETENT AUTHORITIES IN THE AGRI-FOOD CHAIN

Section I

Authorities carrying out state policy

Article 4. (1) The Minister for Agriculture, Food and Forestry, the Minister for Health and the Minister for the Economy shall implement the state policy across the agri-food chain.

(2) The Minister for the Environment and Water shall implement the state policy regarding the release of genetically modified organisms (GMOs) into the environment pursuant to the Genetically Modified Organisms Act.

Article 5. The Minister for Agriculture, Food and Forestry shall implement the state policy on:

1. plant health and plant products;

2. animal and aquaculture health – reared or wild, embryos and germinal products;
Heading I

Authorities implementing state policy in the field of the agri-food chain

Article 2. (1) The Minister for Agriculture, Food and Forestry, the Minister for Health and the Minister for Economy shall implement the state policy in the field of the agri-food chain.

(2) The Minister for the Environment and Water and the Minister for Agriculture, Food and Forestry shall implement the state policy in the field of genetically modified organisms (GMOs) pursuant to the Genetically Modified Organisms Act and shall coordinate the activity of the authorities supervising the application of the Act.

Article 3. The Minister for Agriculture, Food and Forestry shall implement the state policy on:

1. plant health;

2. terrestrial and aquatic animal health – farmed or wild, and embryo and germinal product health;

3. animal welfare;


5. feed;

6. safety, protection of consumer health and interests in the production, distribution and placing on the market of food, except for bottled natural mineral, spring and table water, ethyl alcohol and distillates of agricultural origin and spirit drinks;

7. animal by-products and derived products;

8. genetically modified food and feed;

9. laboratories carrying out analysis in the agri-food chain at the Ministry of Agriculture, Food and Forestry;
6. safety and the protection of consumer health and interests in the production, distribution and placing on the market of food, except for bottled natural mineral, spring and table water, ethyl alcohol and distillates of agricultural origin and spirit drinks;

7. animal by-products and derived products not intended for human consumption;

8. genetically modified food and feed, with the exception of the release into the environment of GMOs;

9. laboratories in the system of the Ministry of Agriculture, Food and Forestry, in which analyses, tests and diagnostics of components of the agri-food chain are performed;

10. zoonoses;

11. plant reproductive material and plant genetic resources;

12. genetic resources in livestock and breeding them;
12. genetic resources in livestock and livestock breeding;

13. residues of veterinary medicinal products;


17. organic production and labelling of organic products;

18. the use and labelling of protected designations of origin, protected geographical indications and traditional specialities guaranteed;

19. the use of the term ‘mountain product’ as an optional quality term;

20. production, trade and use of GMOs in the agri-food chain.

Article 6. The Minister for Health shall implement the state policy on:

1. safety, protection of consumer health and interests in the production, distribution and placing on the market of bottled natural mineral, spring and table water;

2. prevention of the spread of infections transmitted to humans through food and water;

3. health claims made in the food supply, pursuant to Article 2(2)(5) of Regulation (EU) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (ОJ, Bulgarian special edition, 2007, Chapter 15, Volume 18);

4. laboratories carrying out analysis along the agri-food chain in the Ministry of Health system;

Article 7. The Minister for the Economy shall implement the state policy on safety and quality in the production of ethyl alcohol of agricultural origin, distillates of agricultural origin and spirit drinks.

Article 8. The Minister for Agriculture, Food and Forestry and the Minister for Health shall jointly implement the state policy on:

1. safety, protection of consumer health and interests in the production, processing and placing on the market of:

a) novel foods;

b) foods irradiated with ionising radiation;

c) foods intended for infants and young children, foods for special medical purposes, total diet replacement for weight control and foods that contain vitamins, minerals and certain other substances;

2. provision of food information;

3. additives, enzymes and flavourings in foods;
18. the production and labelling of food and products under protected designations of origin, protected geographical indications and traditional specialities and the use of the optional quality term `mountain product`.

Article 4. The Minister for Health shall implement the state policy on:

1. safety and the protection of consumer health and interests in the production, distribution and placing on the market of bottled natural mineral, spring and table water;

2. the prevention of the spread of infections transmitted to humans through food and water;

3. health claims in the meaning of Article 2(2)(5) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods;

4. laboratories in the system of the Ministry of Health, in which analyses, tests and diagnostics of components of the agri-food chain are performed.

Article 5. The Minister for the Economy shall implement state policy on the safety and quality in the production of spirit drinks, ethyl alcohol and distillates of agricultural origin.

Article 6. The Minister for Agriculture, Food and Forestry and the Minister for Health shall jointly implement the state policy on:

1. safety and the protection of consumer health and interests in the production, processing and placing on the market of:

(a) novel food;

(b) foods treated with ionising radiation;

(c) foods intended for infants and young children, foods for special medical purposes, total diet replacement for weight control and foods that contain vitamins, minerals and certain other substances;

2. the provision of food information;

3. food additives, food enzymes and food flavourings;

4. contaminants in food;

5. residues of pesticides in food;
5. pesticide residues in foodstuffs;