128/2009 Sb.
DECREE
of 30 March 2004. April 2009
about customizing the veterinary and sanitary requirements for some
food businesses, which is treated with animal products
Change: 191/Sb.
The Ministry of agriculture lays down pursuant to § 78 of Act No. 167/1999 Coll., on the
veterinary care and amending certain related laws (health
Act), as amended by Act No. 131/2003 Coll., Act No. 316/2004 Coll., Act
No 48/2006 Coll. and Act No. 182/2008 Coll., to implement section 21 para. 14, §
22 paragraph 1. 2 and § 24 para. 2 the veterinary Act:
§ 1
The subject of the edit
(1) this Ordinance regulates the building on the directly applicable provisions
The European Union ^ 1) (hereinafter referred to as "the rules of the European Union")
and the animal health conditions of release) of animal products into circulation,
(b)) the animal and public health requirements on some businesses, factories and other
establishment in which food handling ^ 2) (hereinafter referred to as "the food
the undertaking "), and the technical conditions for the construction, layout and
equipment,
c) steps, and according to which criteria can veterinary authorities
Customize management without compromising production hygiene veterinary and hygiene
the requirements of the legislation of the European Union for food companies
(d)) that food companies are considered to be businesses with small volume
production and that food companies are considered undertakings operating
retail activities,
e) veterinary and hygiene requirements for food produced and
processed in food businesses, which are subject to the provisions of
This order ^ 3), and on dealing with them,
(f)) content requirements for an application for the adaptation of veterinary and
health requirements (hereinafter referred to as "adaptation") for
food businesses.
(2) this Ordinance has been notified in accordance with the directive of the European
Parliament and Council Directive 98/34/EC of 22 December 2004. June 1998 on the procedure for the provision of
information in the field of technical standards and regulations and of rules on services,
the information society, as amended by Directive 98/48/EC.
(3) this Ordinance shall not apply to the sale of small quantities of custom
of primary products to the final consumer and to supply it
to a local retail store, which supplies directly to the final
consumer ^ 4).
§ 2
Definition of terms
For the purposes of this Ordinance, means the
and) structural requirements of technical requirements for the construction and
construction of the food business, its arrangement and special-purpose
its premises, their internal layout and equipment,
(b) the food of food including beverages), modified cold or kuchyňsky
Hot on the way or treated so that it can be directly or after heating
made to be consumed within the framework of the provision of catering services.
§ 3
Procedure for adapting the requirements for food businesses
(1) the procedure and under the conditions laid down in the animal health law, regulations
The European Union and the provisions of this Decree may be for food business
adapted to certain animal health and public health requirements laid down in
Annex II to the regulation of the European Parliament and of the Council (EC) No 852/2004,
Annex III to European Parliament and Council Regulation (EC) No 853/2004
or in annex I to the regulation of the European Parliament and of the Council (EC) No.
854/2004 ^ 5).
(2) the competent authority of the veterinary service in assessing applications for
adapt the requirements referred to in paragraph 1
and official control) verifies assumptions indicative of adaptation of these
the requirements of the terms and conditions and to the needs of the relevant food business operator,
(b) assess risks) ^ 6), that could endanger the safety and health
food safety in the case of adaptation to the requirements for this
food business.
(3) adjust the requirements laid down by the legislation of the European Union ^ 5) must not
and) undermine the achievement of the objectives laid down by those provisions, in particular hygiene
food ^ 7),
(b)) lead to a reduced level of safety and health
food.
Adjust the requirements for food businesses with a low throughput
§ 4
Food businesses with a low throughput may be authorised
exceptions only from certain structural requirements ^ 8), set out
the EU regulation on food hygiene and regulation in the European Union,
laying down specific hygiene rules for food of
of animal origin ^ 9).
§ 5
(1) a food business with a small volume of production is considered to be an undertaking
which satisfies the conditions laid down by that provision; These enterprises
exemptions may be made from certain structural requirements that
are set out in annex III to the regulation of the European Parliament and of the Council
(EC) No 853/2004,
and the slaughterhouse in which) is poráženo a maximum of 20 livestock units
a week and a maximum of 1 000 livestock units per year, that may not have
adequate and hygienic lairage facilities or prior to housing referred to in section
I, chapter II, paragraph 1 (b). and if the animals are) after moving to
the slaughterhouse is converted directly into the slaughter room,
(b)), in which the abattoir poráženo a maximum of 20 livestock units
a week and a maximum of 1 000 livestock units per year, that may not have
a separate place with appropriate facilities for the cleaning, washing and disinfection of
vehicles intended for the carriage of animals as referred to in section I
Chapter II, paragraph 6, if the animals are transported to the
slaughterhouse directly from the farmer or farm by the carrier, if this
the keeper or carrier have their own or other such
facilities meeting hygiene requirements,
(c)) the food business with slaughterhouses, which cut a maximum of 5 tons
meat a week, that may not have special rooms for cutting meat referred to in
section I, chapter III, paragraph 3, if they are in the porážecím area,
that is also used for cutting meat, carried out relevant activities of time-
separately,
d) slaughterhouse, which do not have lockable facilities reserved for the slaughter
sick animals or animals suspected of being infected, that the device may not
used to slaughter such animals, cleaned, washed and disinfected under
official supervision before the slaughter of other animals referred to in section I
Chapter IV, paragraph 20, if the cleaning and disinfection of equipment
using the cleaning shall be carried out in accordance with the regulations of the slaughterhouse and the official veterinary
doctor or official veterinary assistant shall check the results of this
cleaning before slaughter,
e) slaughterhouse, that may not have lockable facilities for the refrigerated
storage of detained meat referred to in section I, chapter II, paragraph 5
and can store the meat along with the other meat in one
cold space, if this is not the suspect meat from the animal
of the disease, this meat is saved so that it could adversely affect the
other meat, and organizational measures have been taken to prevent
improper use of this meat,
(f) the poultry slaughterhouse, in) which is poráženo not more than 1 000 turkeys, geese
or the ducks a week and not more than 50 000 turkeys, geese or ducks a year, and
poultry slaughterhouses in which poráženo is not more than 3 000 pieces of other poultry
a week and a maximum of 150 000 pieces of other poultry a year, that may not have
lockable facilities for the refrigerated storage of detained meat
referred to in section II of chapter II, paragraph 5 and may store this meat
along with the other meat in one cold space, if
not the meat of poultry suspected of being infected, this meat is saved so
in order to avoid an adverse effect on other meat, and was received by the organizational
measures to prevent misuse of such meat,
(g)) the food business with poultry slaughterhouses in which portion
not more than 2 tons of meat a week, that may not have the special spaces on slicing
the meat as referred to in section II of chapter III, paragraph 1 (b). (c)), if they are in
porážecím space, which is also used for cutting meat, carried out
the relevant activities of the time.
(2) for the purpose of this order is in one livestock unit
1 piece of adult bovine animals shall be considered or adult live lichokopytník
weight of 500 kg. In the case of other domestic ungulates should be
the conversion according to the following criteria:
The number of large
Animal species: livestock units:
1 piece other bovine animals.............................................. 0.50,
breeding sow or breeding boar
with a live weight of 50 kg ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 0.50,
jiné prase ......................................................... 0.30,
ovce nebo koza...................................................... 0.15,
Piglet, lamb or kid with a live weight
not exceeding 15 kg................................................ 0.05.
(3) when using the recalculations mentioned in paragraph 2 the game farmed
the breeding of these animals is assessed by taking into account the animals of similar species.
§ 6
(1) the regional Veterinary Administration may decide to permit exemptions under
the provisions of section 4, on application by the food business.
(2) in the application for authorization exceptions in addition to the requirements set out by the applicant
the code of Administration ^ 10) indicate the
and, from what exceptions) which requests and for what reasons should be
allowed,
(b)) the characteristics of the food business, which should be required
the exceptions allowed, namely critical technical parameters, about
the construction, arrangement, internal adjustments and business facilities,
(c)) the type, method and scope of the activity of the food business, organization
its production,
d) what measures, in order to ensure the safety and health
the food will be taken in connection with the authorization of the requested exceptions
in particular, measures in terms of the application of the principles of good hygiene practices
and HACCP principles ^ 11),
e) other data relevant to the assessment of the merits test application for authorisation
exceptions and for informing the Commission and the other Member States of
exceptions that should be allowed.
General provisions on food businesses that operate
retail activities
§ 7
(1) a food business, which operates the retail activities, is
for the purposes of this Ordinance shall be considered a food business or farm
operating a retail store with the regulations of the European Union, which lays down the
the General principles and requirements of food law, establishing the European food
food safety authority and laying down procedures relating to the safety
food ^ 12), and, where appropriate, supplying food to another retail
the device, if it is a marginal, localised and restricted activity on the local
level.
(2) the marginal, localised and restricted activity at the local level by directly
of the applicable legislation of the European Union, which lays down specific
hygiene rules for food of animal origin ^ 13)
activity in which they are supplied to the products only in the Middle
retail equipment or for the local market, in quantities
the relevant provisions of section 8-14a.
(3) the supplying of food in the middle of the retail device or on
the local market in the context of marginal and limited activities at the local level,
means for supplying food to the device or to a local retail market
within the region and in the neighbouring regions.
Food businesses supplying meat and meat products
§ 8
(1) If a food business within its retail activities
meat or meat products to another retail devices, it is a marginal, localised
and restricted activity, if
and as for food business), in which a week
1. cut up to 3.5 tonnes of boneless meat, or the corresponding
the amount of bone-in meat, if the meat of domestic ungulates,
2. cutting up to 1.5 tonnes of meat, if the meat or poultry, rabbit
3. produces not more than 4.5 tons of meat products,
(b) the quantity supplied) meat and meat products not exceeding a week
1.35% of this venture made of boneless meat, or it
the corresponding quantity of non-deboned meat, if the meat of domestic
ungulates
2.35% of the meat produced by that undertaking, in the case of meat or poultry
Rabbit,
3.35% this undertaking produced meat products,
(c)) other retail establishments this meat and meat products
1. supplied directly to the final consumer, or
2. the machine hereinafter referred to as the express wish of the final consumer.
(2) food businesses, which are supplied to meat and meat products
worked in a food-production undertaking within its retail
activities, these products may circulate only under the conditions
laid down in paragraph 1.
§ 9
For the food company, which operates the retail activities for the
the conditions laid down in § 8 para. 1, the next to the veterinary and
health requirements laid down in the EU regulation on the hygiene of
food ^ 14) also animal and public health requirements laid down in
Annex III to European Parliament and Council Regulation (EC) No 853/2004
and) in section I, chapter V, paragraph 2 (a). a) and b) and in paragraph 3, as well as
in Chapter VII, paragraph 1 (b). a), as regards the internal temperature of meat
and offal of domestic ungulates
(b) in section II, chapter) in paragraph 1 (b). a) and b), as regards the internal
temperature of poultry and rabbit meat,
(c)) in section III, paragraph 1, according to which the internal temperature of meat and
offal sudoprstých mammals only apply the requirements referred to in
section I, chapter V, paragraph 2. a), b) and (c)) and in paragraph 3,
(d)) in section in chapters II and III, as regards the requirements on hygiene
treatment with minced meat and meat preparations prior to their production and after
their production, in particular on the temperature requirements,
e) in section VI, with regard to raw materials used in the preparation of meat
products.
Food businesses supplying milk and milk products
§ 10
(1) If a food business within its retail activities
raw, untreated mlékárensky cow, goat or sheep milk
meets the requirements and criteria for raw milk regulation
The European Union, which lays down specific hygiene rules for
food of animal origin ^ 15), from the animals from your own breeding or
dairy products from milk of another retail devices, it is the
marginal, localised and restricted activity, if
and as for food business), in which the daily processes of not more than 500
litres of cow's, goat's or 100 litres of 50 litres of sheep's milk,
(b) the quantity supplied) milk and milk products shall not exceed per week
1.35% of this company processed milk,
2.35% of this company manufactured dairy products,
(c)) other retail establishments
1. adds this milk and milk products directly to the final consumer, and
When you sell this milk placed in a visible place warning "Raw
milk, boil it before use ", or
2. device offering catering services with the exception of school
facilities, hospitals and institutes of social and health services, which
it delivered raw milk in your own premises for the preparation of heat-
worked dishes intended for direct submission of final
consumers.
(2) where a food business referred to in paragraph 1, under the conditions
referred to in paragraph 1 (b). a) and b) heat-treated milk or
products from this milk to another retail devices, it is a marginal, localised
and restricted activity, if other retail establishments
and) adds this milk and milk products directly to the final consumer,
or
(b)) is a device offering catering services that it delivered
dairy products in your own premises for the preparation of dishes intended for
direct submission of final consumers.
(3) a food business, which are supplied dairy products
processed in a food-production undertaking within its retail
activities, these products may be put into circulation only under the conditions laid down
in paragraphs 1 and 2.
§ 11
For a food business, which also handles raw, mlékárensky
the untreated milk from animals not resulting from his breeding and delivers it in
under its retail activities directly to the final consumer or
other retail establishments, all animal and public health
requirements laid down by the EU regulation, laying down specific
hygiene rules for food of animal origin ^ 15).
Food businesses supplying eggs and egg products
§ 12
(1) For a food business, which in the context of its retail activities
handles the egg, egg ingredients, mixtures of different egg ingredients or
liquid egg, the animal health and public health requirements laid down
the EU regulation laying down specific hygiene rules
for food of animal origin ^ 15).
(2) the provisions of paragraph 1 shall not apply to food-processing undertaking as referred to
in paragraph 1, that the egg products, egg ingredients, mixtures of different
egg ingredients or liquid egg, produced in-house,
and) used to manufacture of foodstuffs intended for direct supply to the final
to the consumer,
b) processes, which also include products of vegetable
the origin of the ^ 16) and that are subjected to heat before consumption or other
the treatment, which guarantees that they will be destroyed by pathogenic microorganisms.
Food companies supplying products of fishing
section 13 of the
(1) If a food business within its retail activities
fishery products other retail facilities, it is a marginal, localised and
restricted activity, if
and as for food business), in which the processes of not more than 100 kg per week
of fishery products,
(b)), the quantities delivered for fishery products does not exceed 35% this week
undertaking of processed fishery products
(c)) other retail establishments, these fishery products
1. supplied directly to the final consumer, or
2. regulates hereinafter referred to as the express wish of the final consumer.
(2) a food business, which are supplied the fisheries products
modified in a food-production undertaking within its retail
the activities of these fishery products may circulate only under the conditions
laid down in paragraph 1.
§ 14
For a food business, which regulates fishery and in the framework of the
its retail activities of these fishery products adds another
retail equipment or directly to the final consumer, the
the requirements referred to in section VIII, chapters VII and VIII of annex III to
European Parliament and Council Regulation (EC) No 853/2004.
Food businesses supplying the wild game meat and products
wild game meat
§ 14a
(1) If a food business within its retail activities
wild game meat or meat products of wild game,
meet the requirements and criteria laid down in the EU regulation, which
laying down specific hygiene rules for food of animal
the origin of the ^ 15), another retail devices, it is a marginal, localised and limited
activity, if
and as for food business), in which a week
1. cut a maximum of 150 kg of boneless meat of large wild game,
or the corresponding amount of bone-in meat of large wild
game meat,
2. cutting of not more than 35 kg of meat, if the meat of small wild game
3. produces not more than 350 kg of meat products of wild game,
(b) the quantity supplied) and meat products of wild game meat
does not exceed the weekly
1.33% of the produced by that undertaking of boneless meat of wild game,
or the corresponding amount of bone-in meat of large wild
game meat,
2.33% of the produced by that undertaking of wild game meat, with respect to
meat of small wild game
3.33% of the products manufactured by that undertaking of the wild game meat,
(c)) other retail establishments this meat and products from wild
game
1. supplied directly to the final consumer, or
2. the machine hereinafter referred to as the express wish of the final consumer.
(2) food businesses, which are supplied to wild game meat
or products made from wild game meat processed in another
food business within its retail activities, these
products put into circulation only under the conditions laid down in paragraph 1.
section 14b
For the food company, which operates the retail activities for the
the conditions laid down in Article 14a shall apply in addition to the veterinary and health
requirements laid down in the EU regulation on food hygiene ^ 14)
also animal health and public health requirements laid down in annex III to
European Parliament and Council Regulation (EC) No 853/2004
and) in section I, chapter V, paragraphs 2 and 3, in Chapter VII, paragraph 1
(a). and) and in paragraphs 2, 4 and 5, as regards the large wild animals,
(b) in section II, chapter) in paragraphs 1, 5 and 6, in respect of a minor
wild game,
(c)) in section IV, chapter II, paragraphs 4 to 6, with regard to the large free
wild beasts,
(d)) in section IV, chapter III, paragraphs 4 and 5, as regards the minor free
wild beasts,
e) in section in chapters II and III, as regards the requirements on hygiene
treatment with minced meat and meat preparations prior to their production and after
their production, in particular on the temperature requirements,
(f) in section VI), in terms of raw material used for the preparation of products from
wild game meat.
The effectiveness of the
§ 15
This Decree shall enter into force on the fifteenth day following the date of its publication.
Minister:
Mgr. Gandalovič in r.
1) European Parliament and Council Regulation (EC) No 178/2002 of 28 January 2002.
January 2002 laying down the General principles and requirements of food
law, establishing the European food safety authority and laying down
the procedures relating to food safety, as amended.
European Parliament and Council Regulation (EC) No 852/2004 of 29 April 2004. April
2004 on the hygiene of foodstuffs, as amended.
European Parliament and Council Regulation (EC) No 853/2004 of 29 April 2004. April
2004, laying down specific hygiene rules for food of
of animal origin, as amended.
European Parliament and Council Regulation (EC) No 854/2004 of 29 April 2004. April
2004, laying down specific rules for the organisation of official
controls on products of animal origin intended for human consumption, in
as amended.
2) Article. 2 regulation of the European Parliament and of the Council (EC) No 178/2002.
3) Article. 1 (1). 5 European Parliament and Council Regulation (EC) No.
853/2004.
4) Article. 1 (1). 2 (a). c) European Parliament and Council Regulation (EC) No.
852/2004.
Article. 1 (1). 3 (b). (c) to (e))) Regulation of the European Parliament and of the Council (EC)
No 853/2004.
5) Article. in article 13(3). 3 European Parliament and Council Regulation (EC) No.
852/2004.
Article. 10, paragraph 1. 3 European Parliament and Council Regulation (EC) No 853/2004.
Article. Article 17(1). 3 European Parliament and Council Regulation (EC) No 854/2004.
6) Article. 3 section 9 of the regulation of the European Parliament and of the Council (EC) No 178/2002.
7) Article. 2 (2). 1 (b). a) European Parliament and Council Regulation (EC) No.
852/2004.
8) Article. in article 13(3). 4 (b). b) European Parliament and Council Regulation (EC)
No 852/2004.
Article. 10, paragraph 1. 4 (b). b) European Parliament and Council Regulation (EC) No.
853/2004.
9) annex II to the regulation of the European Parliament and of the Council (EC) No 852/2004.
Annex III to European Parliament and Council Regulation (EC) No 853/2004.
10) § 37 para. 2 Act No. 500/2004 Coll., the administrative code.
11) Article. 5 and 7 of the European Parliament and Council Regulation (EC) No 852/2004.
12) Article. 3 section 7 of the regulation of the European Parliament and of the Council (EC) No 178/2002.
13) Article. 1 (1). 5 (b). b) point ii) Regulation of the European Parliament and of the
Council Regulation (EC) No 853/2004.
14) European Parliament and Council Regulation (EC) No 852/2004, in particular
Annex II to this regulation.
15) European Parliament and Council Regulation (EC) No 853/2004.
16) Article. 1 (1). 2 regulation of the European Parliament and of the Council (EC) No.
853/2004.
