Animal Health Requirements For Trade In Animal Products

Original Language Title: veterinární požadavky na obchodování s živočišnými produkty

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=55994&nr=379~2F2003~20Sb.&ft=txt

379/2003 Coll.



DECREE



of 3 July 2003. November 2003



on animal health requirements for trade in animal products, on

that are not covered by specific legislation, and on animal health

the terms of their imports from third countries



Change: 375/2006 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. (hereinafter the "Act") to perform

§ 31 para. 3 and § 37 para. 5 of the Act:



§ 1



This Decree regulates in accordance with the law of the European Communities ^ 1)

the animal health and public health requirements governing trade and imports

animal products, including trade samples taken from such

products which are not subject to the requirements laid down by specific

legislation. ^ 2)



§ 2



For the purposes of this Ordinance, means the



and trading-trading) animal products which are

not covered by specific legislation, ^ 2) and which originate in the Member

States, as well as the following products originating from third countries which are in the

the Member States of the European Union (hereinafter referred to as "Member State") in free

circulation,



(b) import-import) animal products which are not

specific legislation, ^ 2) from countries which are not Member States,



(c) the commercial sample-a sample) of the manufactured product of animal origin

no commercial value, or a sample of a product of animal origin without

commercial value, whose production is intended to, and that for later

investigations must be marked with the type of product, its composition and the type of

the animals from which it was obtained,



(d) serious transmissible disease)-a disease referred to in annex No. 1.

the law,



e) pathogen-any detection or culture of organisms or any

their derivative, occurring either alone or in a deliberate combination of

such a detection zone or culture of organisms that have the ability to invoke

disease in any living being (except humans), and also

any modified derivative of these organisms, which can carry or

transfer the animal pathogen, or the tissue and cell culture, secretions or

excreta in which or through which it may be carried, or

moved animal pathogen; the pathogen is not approved by the veterinary

immunological medicine



f) processed animal protein intended for human consumption-Greaves,

meat meal and meal of pork skin,



g) veterinary check-any physical check or

administrative act on animal products, the purpose of which is

direct or indirect protection of public or animal health,



h) by the competent authority-the central authority of a Member State empowered to

carrying out veterinary checks or any authority to which such

competent to do so,



I) business-any business, or other device in which the treats

animal products,



j) official veterinarian-veterinarian veterinary

Administration.



§ 3



(1) trading and imports of animal products referred to in paragraph 1 may be

prohibited or restricted for animal health or public health reasons

laid down by law, the provisions of this decree or in other legislation.



(2) animal products referred to in the special legislation ^ 3) may

be the subject of trade or importation only if they meet the

the requirements laid down in a separate legal regulation ^ 4) and the requirements of

in annex 1 to this notice.



(3) animal product intended for human consumption that is not listed in the annex

No 1 to this notice, may be the subject of trade or importation of up to

its approval by the Council of the European Union.



Trading



§ 4



Animal products listed in annex 1 to this notice, and in section 3, paragraph 3.

2 and 3 may be the subject of trade only if they meet these

requirements:



and) meet the requirements of mentioned in paragraph 5, as well as the requirements laid down in

Appendix No. 1 to this notice,



(b)) originate from undertakings which



1. are under veterinary supervision of the competent authority,



2. are registered and approved by the competent authority,



3. comply with the specific production requirements set out in this Decree,



4. create and implement methods of monitoring and checking the critical points on the

the basis of the production methods used,



5. secure depending on the type of product sampling for examination in

a laboratory recognized by the competent authority to verify compliance with the

the provisions of this Ordinance,



6. shall keep, for at least 2 years of written or other records of the data

obtained pursuant to the foregoing provisions and shall be submitted to the competent

the Office,



7. carry out marking or labelling,



8. the competent authority shall inform the Commission of cases where it is on the basis of

laboratory examination or on the basis of other available information

found a serious danger for animal or human health,



9. the sale of the only animal products accompanied by a commercial

document, stating the type of product, the name and, where applicable, the number of

Veterinary approval of the plant.



§ 5



(1) must not be put into circulation for the animal products listed in annex No.

1 to this Decree originating from holdings located in the outbreak of the disease,

the protection zone or within the surveillance zone ^ 5) of the disease, for which there is a kind of

the animals from which the products originate, perceptive, or originating in the

business or out of the zone, from which any transfer or trade

could pose a risk to the animal health situation of the Czech Republic.

It does not apply to animal products that have undergone heat treatment in accordance

with special legislation. ^ 6)



(2) the State Veterinary Administration may pursuant to § 48 para. 1 (b). (f)), and o)

the Act allow exceptions to paragraph 1, with the agreement of the institutions of the European

the community. This exception can be allowed only in the case that will be

under the safeguard measures adopted by special guarantees to enable

the relocation of certain products.



(3) Trading with pathogens shall be governed by the rules laid down by the competent

authorities of the European communities.



§ 6



On veterinary checks on trade in animal products covered by

subject to this Ordinance, shall apply mutatis mutandis the provisions on the control of

referred to in the special legislation ^ 7) and, as regards pathogens,

in particular, due to the organisation of checks, to be carried out, and to

consequences which derive from them, shall apply mutatis mutandis to the provisions of

special legislation. ^ 8)



§ 7



(1) if there is in the territory of the United States in connection with the

the marketing of animal products that are not subject to compulsory

information according to the law, and a special legal regulation, any

diseases transmitted from animals to humans or other diseases or other

possible cause a serious threat to animal or public health,



and) the competent authority shall announce or order in accordance with the law and the Special

legislation appropriate emergency veterinary measures,



(b)) shall notify the State Veterinary Administration without delay to the Commission of the European

Community (hereinafter referred to as "the Commission") and the Member States, what measures have been

taken and reasons for their adoption.



(2) If during the veterinary inspection of animal products in the

arrival at destination or during transit on the territory of the Czech Republic

the presence of the disease or other illness or other serious

danger to animal or human health,



and) the competent authority may, in accordance with the law and a particular legal

by-law, if it considers it necessary, declare or order the appropriate

emergency health measures, including the placement of animals in quarantine



(b)) shall notify the State Veterinary Administration without delay to the Commission and the Member

States, what measures have been taken and that the reasons for their

adoption.



(3) in the case referred to in paragraph 1, the State Veterinary Administration

ask the Commission for the secondment of one or more representatives to make sure

on the spot, what measures have been taken, and that the released their

opinion.



(4) if the regional animal health management in the implementation of the animal health

control of animal products upon arrival at destination, or

during their transport, the presence of agents of the diseases referred to in annex No. 1.

to the law, a disease transmissible from animals to humans or other diseases or

Another possible cause of a serious threat to animal or public health, or

that the products come from an area infected by infection, it shall proceed in accordance with the

§ 30 paragraph 2. 2, § 49 para. 1 (b). (d)) and § 54 para. 1 of the law. State

veterinary services shall inform without delay the Commission and the Member States of the

the results of the investigation, the measures taken and the reasons for it.



(5) if the regional animal health management in the implementation of the animal health

control of animal products upon arrival at destination, or

during their transport, the products do not comply with the animal health conditions

trading with them applied in accordance with the provisions of the European

community, or special health guarantees obtained Czech

Republic in accordance with the regulations of the European communities, it shall


According to § 30 para. 2 or § 49 paragraph 1. 1 (b). (d)) and § 54 para. 1

the law.



§ 8



(1) persons who are involved in the trade in animal products, on

subject to this Ordinance, shall



and to be registered) before the commencement of the activities of the regional animal health

Administration in accordance with § 28 para. 4 of the Act,



(b) keep a record of deliveries); a registered dealer who divides

the shipment, or any undertaking which is not under public health

supervision, maintain records of the subsequent destination of the products,



c) to keep records referred to under (b)), for a period to be determined by

the regional Veterinary Administration and submit these records on request.



(2) if the authorities of the executing state veterinary supervision, they are not

met the animal health conditions laid down by this Decree, trading

shall take the appropriate measures to remedy the deficiencies as provided for by law.



Imports



§ 9



On the import of the animal products covered by this Decree,

It shall apply the provisions of § 4 and 5 apply mutatis mutandis, including any conditions referred to in § 3

paragraph. 2 and 3.



§ 10



Animal products listed in annex 1 to this notice, and in section 3, paragraph 3.

2 and 3 may be imported only if it complies with the following requirements:



a) must come from a third country or part of a third country on

the list of countries approved by the authorities of the European communities, unless the

Appendix No. 1 to this notice, unless otherwise indicated



(b) must come from a holding) shown on the list approved by the authorities of the

Of the European communities,



(c)) must be accompanied by a health certificate or a certificate of

health certificate, conforming to the approved pattern issued

The State Veterinary Administration, which is signed by the official veterinarian:

doctor or other competent authority.



§ 11



For the type and content of the documents accompanying the animal products listed in

Appendix No. 1 to this Ordinance which are specified by the laboratories, the

specific animal health requirements laid down by the authorities of the European

the community.



§ 12



(1) The veterinary inspection upon importation of animal products to which the

subject to this Ordinance, shall apply mutatis mutandis the provisions on the control of

referred to in the special legislation, ^ 8) ^ 9) and especially due to the

the Organization of checks, to be carried out, the consequences of which

arise, as well as the protective measures to be implemented.



(2) on the basis of the decisions of the institutions of the European communities State

animal health management pursuant to § 48 para. 1 (b). (f)) of the Act enables a certain

types of animal products an exception from the physical checks referred to in

special legislation. ^ 10) permit exceptions shall be published in the

Journal of the Department of agriculture.



section 13 of the



(1) the State Veterinary Administration may lay down the animal health conditions for imports

commercial samples of animal products listed in annex 1 to this

the Decree.



(2) the animal health conditions for importation laid down pursuant to paragraph 1 must

accompany the consignment and contain details of the specific conditions for the

which might result in the importation of this consignment.



(3) where the consignment enters the territory of a Member State for the purpose of transit

to another Member State, the first Member State, to

laid down the animal health conditions for imports of attending. Responsibility for ensuring that the

the consignment complies with the animal health conditions for imports laid down, shall be borne by the Member

State that these terms and conditions of the animal health import issues. This State

at the same time allows the entry of the consignment on its territory.



§ 14



(1) the State Veterinary Administration may order the animal products, on

covered by this Decree and which were produced in the territory of the Member

State and have passed through the territory of a third country, may be in the territory of the United

Republic released only on presentation of a health certificate or

the health certificate, which confirms compliance with the requirements

of this order.



(2) if the State Veterinary Administration shall follow the procedures referred to in paragraph 1,

shall inform the Commission and the other Member States.



§ 15



The effectiveness of the



This Decree shall take effect on the date of the Treaty of accession of the Czech

Republic to the European Union enters into force.



Minister:



Ing. Palas in r.



Č. 1



SPECIFIC ANIMAL HEALTH REQUIREMENTS



Chapter 1



Animal casings



A. Trading



Trade in animal casings is subject to the presentation of a document

stating the origin of the undertaking, which must be approved and registered.

The intestines must be transported in a way which avoids any contamination.



(B) the imports from third countries.



The import of animal casings from any third country shall be conditional upon the presentation of a

the certificate referred to in paragraph 10 (a). (c)) of this order issued and

signed by an official veterinarian of the exporting third country, and

certifying that:



1. the intestines originate from firms approved by the competent authority of the exporting

country;



2. the casings have been cleaned and scraped (šlemována), and then either salted,

or protected from re-contamination (or instead of salting or bleaching has been scalping

dried);



3. after processing as described in point 2. was carried out effective measures to

to prevent recontamination of the casings.



Chapter 2



Bones and bone products (excluding bone meal), horns and Horn products

(in addition to the meal), the hoofs (hooves) and products made from hoofs (hooves)

(in addition to the meal of the hoof hooves-) intended for human consumption



Trading with products and their importation is subject to the following

the conditions of the



and for trading with bones), horns, hooves and hooves are adequately

the provisions of section 18 et seq.. Decree No. 202/2003 Coll., regulating the

specific animal health conditions for trade in fresh meat,



(b)) for the trade in products of bone, horns, hooves and hooves are

shall apply mutatis mutandis the provisions of § 37 et seq.. Decree No. 202/2003 Coll.

governing the specific animal health conditions for trade in meat

products,



c) bones, bone products, horns, Horn products, hooves and hoof

hooves and hoof products are subject to import requirements laid down in

Decree No. 383/2003 Coll., concerning animal health conditions for imports of certain

animal products from third countries.



Chapter 3



Processed animal protein intended for human consumption



I. without prejudice to any restrictions imposed in relation to bovine

spongiform encephalopathy (BSE) or the restrictions imposed in connection with the

feeding of ruminants with proteins that come from ruminant animals,

trading and the import of processed animal protein are subject:



A. When you trade: production of a document or a certificate of health

certificate



(B). on importation:



(1) the submission of a health certificate referred to in paragraph 10 (a). (c)) of this

the Decree, signed by the official veterinarian of the country of origin and

in which it is confirmed that:



and) products meet the requirements § 34 of Decree No. 202/2003 Coll.



(b)) after the treatment has been carried out all the measures that prevent contamination

treated product,



(c)) have been on the dispatch from the country of origin to carry out test samples

for salmonella,



(d)), the results of these tests were negative.



(2) without prejudice to point (II), after reviewing the data, the certificates referred to in

paragraph. 1.-sampling by the competent authority at the border inspection post:



and) from each consignment of bulk products



(b)) for the products packed in the factory to random collection of

consignments,



(3) for the entry of consignments of processed animal proteins in circulation on

the territory of the States of the European communities-negative results card

tests on samples taken pursuant to point (B) of paragraph 1. 1 (b). (c)).



II. in the case of bulk shipments of products originating in third countries from

where the last six consecutive tests have been negative,

Member States may carry out random subscriptions. If in the course of

such checks detected a positive result must be informed

the competent authority of the country of origin, in order to enable appropriate measures to be carried out

remedy the situation. These measures must be brought to the regional

veterinary services responsible for the control of imports. In case of further

a positive result from the same source, it must be up to the time when

are again fulfilled the requirements laid down the first sentence be carried out more

checks on all consignments from the same source.



III. Regional Veterinary Administration must keep records of the results of

checks on all consignments from which the samples have been taken.



IV. If the result of testing for salmonella, it is a positive

this consignment:



and reexportována), either from a Member State,



(b)), or used for purposes other than for animal feeding. In this case,

You may leave the port or warehouse shipment only if it does not form part

feed for animals,



(c)) or is redesigned in an approved processing undertaking or in

any undertaking approved for decontamination. Transfer from the port

or from the warehouse is subject to approval of the provincial veterinary services and consignment

is released after treatment and the negative outcome of the examination to the

salmonella.



Chapter 4



Blood and blood products of ungulates and poultry (with the exception of serum from equidae)



Fresh blood and blood products intended for human consumption



A. Trading



1. for trade in fresh blood of ungulates intended for human consumption are


shall apply mutatis mutandis the provisions of § 18 et seq.. Decree No. 202/2003 Coll.

governing the specific animal health conditions for trade in fresh

meat; for trade in fresh blood of poultry intended for human consumption are

shall apply mutatis mutandis the provisions of sections 15 et seq.. Decree No. 201/2003 Coll.

governing the specific animal health conditions for trade in fresh

poultrymeat;



2. Trade in blood products intended for human consumption shall be subject to

the animal health conditions laid down in annex 1, Chapter 6 of this

the Decree.



(B).



1. Imports of fresh blood of domestic ungulates intended for human consumption is

disabled.



Imports of fresh blood of domestic poultry intended for human consumption shall be subject to

the animal health conditions laid down in article 15, et seq. Decree No. 201/2003

SB.



Imports of fresh blood of farmed wild game husbandry intended for human consumption shall be subject to

the animal health conditions laid down in annex 1, Chapter 6 of this

the Decree.



2. without prejudice to the provisions applicable to processed products

animal blood proteins, referred to in Chapter 3 of this annex

shall be subject to the import of products from the blood intended for human consumption, including products from

the blood referred to in paragraph 2 (a). g) Decree 202/2003 Coll.

the animal health conditions laid down in the provisions of § 37 et seq.. Decree No.

202/2003 Coll. and Decree.



Chapter 5



Lard, rendered and rendered fats



1. the import of lard and rendered fats, škvařených into the community from third

countries, it is allowed only from countries that are on the list of

the importation of fresh meat of the respective species of animals.



2. If in the country referred to in paragraph 1 during the 12 months prior to export,

serious transmissible disease breaks out, it must each consignment of lard or

škvařených and rendered fats be accompanied by the certificate referred to in paragraph 10 (a). (c))

of this order, in which it is confirmed that:



A. the lard or rendered fats have been rendered and the heat treatment is one of the

the following ways:



temperature of at least 70) ° C for at least 30 minutes or



b) temperatures at least 90 ° C for at least 15 minutes or



c) temperature of at least 80 ° C in a continuous rendering system or

melting.



(B) that was made all the measures to prevent rekontaminaci if lard

or rendered and rendered fats are packaged, or have been packed in new

transport packaging;



C. If the carriage of bulk product that was before

using the checked the purity of pipes, pumps, tanks and other

containers for bulk of the substance or the truck tanks used

to transport products from the manufacturing plant either directly on to the ship or into

the trays on the coast, or directly to the enterprise.



Chapter 6



Rabbit meat and farmed game meat from farming



Rabbit meat and farmed game meat from farming may be imported only

If:



a) comes from third countries that are listed:



1. in the ground game from a farmed in the list of countries from which

can import fresh meat of the corresponding species,



2. in the case of farmed game birds breeding in the list of countries from which it may

to import fresh poultrymeat,



3. for rabbit meat, on the list,



b) meets the requirements set out in § 17 et seq. Decree No. 201/2003 Coll.

governing the specific animal health conditions for trade in fresh

poultry and game meat from farmed animals,



c) come from establishments offering the guarantees of the undertakings referred to in point (b)) or, in the

before the establishment of the list referred to under (a). and) point 3., of the undertakings

approved by the competent authorities,



(d) each consignment of meat) is accompanied by a health certificate as set out in the

section 10 (b). (c)).



Č. 2



cancelled



1) Council Directive 92/118/EEC of 17 May. December 1992 laying down animal health and

health rules for trade in products of animal origin

The community and the introduction into the community, if not subject to the

specific Community rules referred to in annex a(i) to Directive

89/662/EEC and, as regards pathogens, to Directive 96/425/EEC.



Council Directive 96/90/EC of 17 May 1999. December 1996, amending

Directive 92/118/EEC laying down animal health and public health requirements governing

trade in products of animal origin within the community and imports into the

The community, when not subject to specific Community rules

referred to in annex a(i) to Directive 89/662/EEC and, as regards the

pathogens, to Directive 90/425/EEC.



Council Directive 97/79/EC of 18 June 2003. December 1997 amending

Directive 71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC,

91/493/EEC, 92/45/EEC and 92/118/EEC as regards veterinary control

products entering the community from third countries.



Directive of the European Parliament and of the Council 2002/33/EC of 21 June 1999. October 2002,

amending Council Directive 90/425/EEC and 92/118/EEC as regards the

health requirements for animal by-products.



European Parliament and Council Directive 2004/41/EC of 21 June 1999. April 2004,

repealing certain directives concerning food hygiene and

the hygiene conditions of production of certain products of animal origin

intended for human consumption and their placing on the market, and which

repealing Council Directives 89/662/EEC and 92/118/EEC and Council decision

95/408/EC.



2) Decree No. 200/2003 Coll., on animal health requirements for egg

products.



Decree No. 201/2003 Coll., on animal health requirements for fresh

poultry meat, rabbit meat, farmed game meat and meat of

wild game.



Decree No. 202/2003 Coll., on animal health requirements for fresh meat,

minced meat, meat preparations and meat products.



Decree No. 203/2003 Coll., on animal health requirements for milk and milk

products.



Decree No. 381/2003 Coll., on animal health requirements for animals

of aquaculture origin and products of aquaculture, fisheries and

live bivalve molluscs and on health conditions of their imports from third countries.



Decree No. 372/2003 Coll., concerning veterinary checks applicable in trade with

animals.



3) § 2 (b). g) Decree No. 202/2003 Coll.



4) § 34 of Decree No. 202/2003 Coll.



5) § 54 para. 1 (b). (b)) of the Act.



6) § 38 of Decree No. 202/2003 Coll.



7) Decree No 373/2003 Coll. on veterinary checks when trading

with animal products.



8) Decree No. 372/2003 Coll.



9) Decree No. 377/2003 Coll. on veterinary checks of imports and

transit of products from third countries.



10) § 4 paragraph 2. 4 of Decree No. 377/2003 Coll.