Change The Law On Food And Tobacco Products

Original Language Title: změna zákona o potravinách a tabákových výrobcích

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=66960&nr=120~2F2008~20Sb.&ft=txt

120/2008 Coll.


LAW
Dated 19 March 2008

Amending Act no. 110/1997 Coll., On food and tobacco
products and amending and supplementing some related laws, as
amended, and other related laws

Parliament has passed this Act of the Czech Republic:
PART ONE


Amendment to Act on Food and Tobacco Products

Art. I

Act no. 110/1997 Coll., On foodstuffs and tobacco products and amending and supplementing certain
related laws, as amended by Act no. 119/2000
Coll., Act no. 306/2000 Coll. Act no. 146/2002 Coll., Act no. 131/2003
Coll., Act no. 274/2003 Coll., Act no. 94/2004 Coll., Act no. 316/2004 Coll
., Act no. 558/2004 Coll., Act no. 392/2005 Coll., Act no. 444/2005
Coll., Act no. 229/2006 Coll. and Act no. 296/2007 Coll., is amended as follows:

First In § 1, paragraph 1, including footnotes Nos. 1, 1a and 1b reads:

"(1) This Act transposes the relevant European Community
^ 1) and adjusted in relation to the directly applicable regulations of the European Communities
^ 1) the obligations of the food
enterprise-1b) and entrepreneurs who manufactures or puts into circulation
tobacco products and provides for state supervision of compliance with obligations
under this Act and directly applicable legislation of the European Communities
^ 1).

1) Directive of the European Parliament and Council Directive 2000/13 / EC of 20 March
2000 on the approximation of the laws of the Member States relating to
labeling, presentation and advertising.

Directive of the European Parliament and Council Directive 2001/37 / EC of 5 June 2001 on the approximation
regulations and administrative provisions of the Member States relating to
manufacture, presentation and sale of tobacco products.

Directive of the European Parliament and Council Directive 1999/2 / EC of 22 February 1999
approximation of the laws of the Member States concerning foods and food ingredients
treated ionization. Commission Directive 2003/40 / EC of 16
May 2003 laying down the list of constituents of natural mineral waters
, the concentration limits and labeling requirements and demands
on the use of ozone-enriched air treatment of natural mineral
waters and spring waters.

Directive of the European Parliament and Council Directive 2002/46 / EC of 10 June 2002
on the approximation of the laws of the Member States relating to food supplements
.

Council Directive 89/107 / EEC of 21 December 1988 on the approximation of the laws
of the Member States concerning food additives
authorized for use in foodstuffs intended for human consumption.

Council Directive 89/398 / EEC of 3 May 1989 on the approximation of the laws
of the Member States relating to foodstuffs intended for particular nutritional
.

Commission Directive 1999/21 / EC of 25 March 1999 on dietary
foods for special medical purposes.

Council Directive 2006/107 / EC of 20 November 2006 by reason
accession of Bulgaria and Romania adapting Directives 89/108 / EEC relating
to quick-frozen foodstuffs for human consumption and Directive | || European Parliament and Council Directive 2000/13 / EC on the labeling
food, presentation and advertising.

Commission Directive 2006/141 / EC of 22 December 2006 on the initial
and follow-on formulas and amending Directive 1999/21 / EC.

Council Directive 88/388 / EEC of 22 June 1988 on the approximation of the laws
provisions of the Member States relating to flavorings for
use in foodstuffs and to source materials for their production.

Council Directive 88/344 / EEC of 13 June 1988 on the approximation of the laws
of the Member States on extraction solvents
used in the production of foodstuffs and food ingredients.

1) Regulation of the European Parliament and the Council no. 178/2002 of 28 January
2002 laying down the general principles and requirements of food law,
establishing the European Food Safety Authority and laying down procedures || | relating to food safety, as amended.

Regulation of the European Parliament and Council Regulation (EC) no. 852/2004 of 29 April 2004
food hygiene.

Regulation of the European Parliament and Council Regulation (EC) no. 853/2004 of 29 April
2004 laying down specific hygiene rules for food of animal origin
, as amended.


Regulation of the European Parliament and Council Regulation (EC) no. 854/2004 of 29 April
2004 laying down specific rules for the organization of official controls
products of animal origin intended for human consumption, in
as amended.

Regulation of the European Parliament and Council Regulation (EC) no. 1935/2004 of 27
October 2004 on materials and articles intended to come into contact with food and
repealing Directives 80/590 / EEC and 89/109 / EEC.

Commission Regulation (EC) no. 2073/2005 of 15 November 2005
microbiological criteria for foodstuffs.

Commission Regulation (EC) no. 2074/2005 of 5 December 2005 laying
down implementing measures for certain products under Regulation
European Parliament and Council Regulation (EC) no. 853/2004 and
organization of official controls under Regulation of the European Parliament and Council Regulation (EC) no. 854/2004 and
(EC) no. 882/2004, derogating from Regulation
European Parliament and Council Regulation (EC) No . 852/2004 and amending Regulation (EC) No.
853/2004 and (EC) no. 854/2004, as amended.

Commission Regulation (EC) no. 2075/2005 of 5 December 2005 laying
down specific rules on official controls for Trichinella in meat, in
amended by Commission Regulation (EC) no. 1664/2006 .

Commission Regulation no. 2076/2005 of 5 December 2005 establishing a transitional
Regulation of the European Parliament and Council Regulation (EC) no. 853/2004 (EC)
No. 854/2004 and (EC) no. 882/2004 amending Regulation (EC) No.
853/2004 and (EC) no. 854/2004, as amended by Commission Regulation (EC) No.
1666/2006.

Regulation of the European Parliament and Council Regulation (EC) no. 882/2004 of 29 April
2004 on official controls to ensure verification of compliance with laws and regulations
with feed and food law, animal health and || | animal welfare, as amended by European
Parliament and Council Regulation (EC) no. 854/2004.

Commission Regulation (EC) no. 37/2005 of 12 January 2005 on the monitoring
temperatures in means of transport, warehousing and storage
quick-frozen foodstuffs intended for human consumption.

Regulation of the European Parliament and Council Regulation (EC) no. 1760/2000 of 17 July 2000 on
system for the identification and registration of bovine animals and labeling
beef and beef products and repealing Council Regulation (EC )
No. 820/97, as amended.

Commission Regulation (EC) no. 1825/2000 of 25 August 2000 laying down detailed
Regulation of the European Parliament and Council Regulation (EC) No.
. 1760/2000 regarding the labeling of beef and beef products
meat, as amended by Commission Regulation (EC) no. 275/2007.

Council Regulation (EC) no. 1028/2006 of 19 June 2006 on marketing standards for eggs
.

Council Regulation (EEC) no. 1906/90 of 26 June 1990 on certain
marketing standards for poultry, as amended.

Commission Regulation (EC) no. 1538/91 of 5 June 1991 laying down detailed
Regulation (EEC) No.
1906/90 on certain marketing standards for poultry meat in as amended.

Council Regulation (EC) no. 104/2000 of 17 December 1999 on the common organization of the market
fishery and aquaculture products, as amended.

Commission Regulation (EC) no. 2065/2001 of 22 October 2001 laying down detailed rules
Council Regulation (EC) no. 104/2000 as regards
informing consumers about products fisheries and aquaculture in
amended.

Regulation of the European Parliament and Council Regulation (EC) no. 1829/2003 of 22 September
2003 on genetically modified food, as amended by Commission Regulation
(EC) no. 1981/2006.

Regulation of the European Parliament and Council Regulation (EC) no. 1830/2003 of 22 September 2003
concerning traceability and labeling of genetically modified
organisms and the traceability of food and feed products produced from genetically modified organisms
, and amending Directive no. 2001/18 / EC.

Commission Regulation (EC) no. 608/2004 of 31 March 2004
labeling of foods and food ingredients with added phytosterols, phytosterol
or phytostanol esters. Regulation of the European Parliament and
Council Regulation (EC) no. 258/97 dated 27 January 1997 concerning novel foods and novel food ingredients
, as amended.

Council Regulation (EC) no. 2200/96 of 28 October 1996 on the common organization of the market
fruit and vegetables, as amended.

Commission Regulation (EC) no. 1148/2001 of 12 June 2001 on checks
compliance with marketing standards for fresh fruit and vegetables, as amended
.


Council Regulation (EEC) no. 2759/75 of 29 October 1975 on the common organization of the market
pigmeat, as amended.

Council Regulation (EC) no. 2529/2001 on the common organization of the market in sheepmeat and goat meat
, as amended.

Council Regulation (EC) no. 1183/2006 of 24 July 2006 concerning the classification
scale for carcasses of adult bovine animals.

Commission Regulation (EC) no. 563/82 of 10 March 1982 laying down detailed
Regulation (EC) no. 1208/81 establishing
market prices of adult bovine animals on the basis of the grading
Community scale for carcasses, as amended.

Council Regulation (EEC) no. 3220/84 of 13 November 1984
determining the Community scale for grading pig carcasses
, as amended.

Commission Regulation (EC) no. 2967/85 of 24 October 1985 laying
down detailed rules for the Community scale for
pig carcasses, as amended.

Council Regulation (EEC) no. 2137/92 of 23 July 1992 concerning the classification
Community scale for the carcases of sheep,
standard quality of fresh or chilled sheep carcasses in the Community and
extending Regulation (EEC) no. 338/91, as amended in
.

Council Regulation (EC) no. 509/2006 of 20 March 2006 on agricultural
products and foodstuffs as traditional specialties guaranteed.

Council Regulation (EC) no. 510/2006 of 20 March 2006 on the protection
geographical indications and designations of origin for agricultural products and foodstuffs
, as amended by Council Regulation (EC) no. 1791/2006.

Council Regulation (Euratom) no. 3954/87 of 22 December 1987 laying
down maximum permitted levels of radioactive contamination of foodstuffs and animal feed
after a nuclear accident or any other case of radiological emergency
amended by Council Regulation (Euratom) No. 2218/89.

Council Regulation (EEC) no. 2219/89 of 18 July 1989 on the special
conditions for exporting foodstuffs and animal feed following a nuclear accident or any other
case of radiological emergency.

Council Regulation (EEC) no. 737/90 of 22 March 1990 on the conditions
imports of agricultural products originating in third countries following the accident
nuclear power plant in Chernobyl, as amended.

Commission Regulation (EC) no. 1635/2006 of 6 November 2006
rules for implementing Council Regulation (EC) no. 737/90 on the conditions
imports of agricultural products originating in third
countries following the accident in Chernobyl.

Commission Decision 2006/504 / EC of 12 July 2006 laying down
special conditions for the import of certain foodstuffs from selected
third countries due to the risk of aflatoxin contamination.

Regulation of the European Parliament and Council Regulation (EC) no. 1924/2006 of 20 December 2006 on
claims made on foods in terms of their
nutrition and health.

Regulation of the European Parliament and Council Regulation (EC) no. 1925/2006 of 20
December 2006 on the addition of vitamins and minerals and of certain other substances to
foods.

Council Regulation (EEC) no. 2913/92 of 12 October 1992 establishing the Community
Community Customs Code, as amended.

Council Regulation (EEC) No 2377/90. Of 26 June 1990 laying down
procedure for the establishment of maximum residue limits
veterinary medicinal products in foodstuffs of animal origin, as amended
.

Commission Regulation (EC) no. 1881/2006 of 19 December 2006 laying
setting maximum levels for certain contaminants in foodstuffs.

Regulation of the European Parliament and Council Regulation (EC) no. 396/2005 of 23 February
2005 on maximum residue levels of pesticides in food and feed
plant and animal origin and amending Council Directive || | Council Directive 91/414 / EEC, as amended by Commission Regulation (EC) no. 178/2006.

1b) Article. 3. 3 of the European Parliament and Council Regulation (EC) no. 178/2002
. ".

Second In § 1 para. 2, the reference to footnote. 1b deleted and the words
"immediately binding" is replaced by "directly applicable".

Third In § 2. c) and § 18 par. 2, the words "immediately binding"
replaced by "directly applicable".

Fourth In § 2 letter f) reads:

"F) healthy foodstuffs foods that meet

Chemical, physical and microbiological requirements for health
safety provided by this Act, a directly applicable regulation
European Communities and the implementing legislation or which are
put into circulation with the consent of the Ministry of Health issued pursuant
§ 3a. 1 and § 11 para. 2 point. b) Point 1 ".

Fifth In § 2. g) the words "and the Decree" is replaced by "implementing
legislation or directly applicable European
community."

6th In § 2 point i) is deleted.

Existing letters j) to z) are renumbered i) to y).

7th In § 2 letter i) reads:

"I) a food supplement intended to supplement the normal diet
and which is a concentrated source of vitamins and minerals or
other substances with a nutritional or physiological effect, contained in the food
alone or in combination intended for direct consumption in small
metered quantities. "

8th In § 2. n) the words "h) to k) 'are replaced by' i) to l)."

9th In § 2. a) the words "from the date of clearance" is replaced by "
date of release for free circulation".

10th In § 2 letter v) aw) are deleted.

Existing letters x) ay) are renumbered v) aw).

11th In § 2. v) the words "immediately binding regulations of the European Communities
^ 1)" is replaced by "
directly applicable European Community regulations."

12th In § 3 paragraphs 1 and 2, including footnotes. 3a-3c added:

"(1) The food business operator shall

A) comply with sensory, physical, chemical and microbiological requirements
quality food

B) to observe all stages of production and putting food into circulation
technological and sanitary requirements, method and conditions of transport, storage and handling
food

C) comply with the requirements for the content, conditions and manner of use of vitamins,
minerals and other substances with a nutritional or physiological effect
, also of additives, processing aids and materials intended for
flavorings

D) comply with the requirements for the types and permissible quantities of contaminants
substances, pesticide residues and substances of toxicological concern and substances produced
activity of microorganisms in raw materials,

E) ensure that the food is not exceeded the maximum permissible
amount of residues of veterinary drugs and biologically active substances
used in livestock production,

F) comply with the requirements for purity and identity of the substances listed in § 2
point. i) to l), vitamins, minerals and other substances with a nutritional or physiological effect
,

G) the use of additives approved by the Ministry of Health
according to § 3a par. 1 or supplements
approved by the Ministry of Health pursuant to § 11 para. 2 point. b) paragraph 1
observe the approved scope of use and labeling of these substances on the package
food

H) provide adequate staff and adequate technical
equipment to ensure inspection by
directly applicable European Communities regulations governing certain foodstuffs imported from third countries
^ 3)

I) report in paper form or manner allowing remote data transfer
initiation, modification or termination of the subject matter of this Act
later in the day when these facts occurred,
competent supervisory authority stating their name, surname or company,
place of business and address, if it is a natural person or
business name or name, registered office and address, if it is a legal person
further identification number and its activities or
business.

(2) A food business operator who produces food or materials
is also obliged

A) obtain for the production of bottled spring water, bottled water and baby
bottled natural mineral water only water from underground water sources;
Treatment of bottled spring water using ozone-enriched air
food business operator shall report to the competent authority
state supervision,

B) ensure regular monitoring of compliance with requirements imposed by
law and technical requirements ^ 3b) on the safety and quality of food and
produced during a radiological emergency observance

Requirements for maximum permitted levels of radioactive contamination of foodstuffs
set directly applicable European Community
governing the maximum permitted levels of radioactive contamination of foodstuffs and animal feed
after a nuclear accident or any other radiological situation
^ 3c) and keep records on inspections carried out,

C) used for the production of uncooked food only
heat-treated egg contents.

3) For example, Article. 4 of Commission Decision 2006/504 / EC.

3b) § 2. h) of the Act no. 22/1997 Coll., on technical requirements for
products and amending and supplementing certain acts, as amended
regulations.

3c) Council Regulation (Euratom) No. 3954/87. ".

Former footnotes Nos. 3G, 3h, 3i and 3j shall be deleted.

13th In § 3, paragraph 4, including footnote no. 3d reads:

"(4) A food business operator who imports food or
raw materials from other countries than the EU Member States (hereinafter
" third countries ") is required

A) when required by the directly applicable European Community regulations
produce to the office certificate issued by competent body
third country certifying that imported foodstuffs or raw
corresponds to the requirements of the directly applicable European Community;
This provision is without prejudice to the requirements laid down by law veterinary
^ 2c)

B) have an additional inspection of imported foodstuffs or raw materials,
where provided directly applicable European Community regulations and
manner, extent and under the conditions laid down therein,

C) submit to the customs office at the time of radiological emergency
export certificate in accordance with applicable regulations of the European Communities
conditions governing the import of foodstuffs or raw materials
coming from third countries ^ 3d).

3d) For example, Commission Regulation (EC) no. 1635/2006. ".

Existing footnotes. 3K and 3L shall be deleted.

14th In § 3, paragraphs 5 and 6, including footnotes. 3m 3n
deleted.

Former paragraphs 7 to 13 shall be renumbered 5 to 11

15th In § 3 para. 5 letter d) including footnote no. 3e reads:

"D) submit to the customs office at the time of radiological emergency on the territory of the Czech Republic
certificate that a balanced food or raw material complies
maximum permitted levels of radioactive contamination by
directly applicable European Communities regulations governing highest || | permitted levels of radioactive contamination of food and feed
special conditions for exporting foodstuffs and animal feed following a nuclear accident or any other
case of radiological emergency-3e)

3e) Council Regulation (Euratom) No. 3954/87.

Council Regulation (EEC) No. 2219/89. ".

16th In § 3, at the end of paragraph 5 the following point e), added:

"E) when required by the directly applicable European Community regulations
produce to the office a certificate attesting that a balanced
food or raw material complies with the requirements of the directly applicable regulation
European Communities.".

17th In § 3 para. 6 the words "in administrative proceedings ^ 3o)" and footnote reference
footnote. 3c deleted.

The current footnote. 3o, including reference to the note below
line repealed.

18th In § 3 para. 7, the words "paragraph 8" is replaced by "paragraph 6" and
words "customs authority" is replaced by "customs office".

19th In § 3, Paragraph 8 reads:

"(8) The placing of wild edible fungi into circulation for
sale to consumers or for further processing for food purposes
must have food business operator competence, which demonstrates
certificate issued under paragraph 9. ".

The current footnote. 3B is repealed.

20th In § 3 para. 9, the words "special legislation 3r)"
deleted.

The current footnote. 3r is repealed.

21st In § 3 para. 11 at the end of subparagraph c) is replaced by a comma and full stop
letter d) shall be deleted.

22nd § 3a headline reads: "Obligations of food business operators
who manufacture, import or put into circulation additives".

23rd In § 3, paragraphs 1 and 2 shall be added:

"(1) Other additives than specified in the implementing regulations

Can be used for food production, import or put into circulation only with the consent of the Ministry of Health
.
Consent of the Ministry of Health issued for a maximum period of 2 years. Consent can not be issued, unless
regarding the same additive another Member State of the European Union
asked the European Commission for its inclusion in the list of authorized additives
and the application was rejected or was not
18 months after submission of the decision;
agreement on these grounds shall expire on the date when the Ministry of Health with these facts
familiar person that consent was given under the first sentence.
Notice of termination of the consent shall be delivered to the addressee.
Award for new consent shall apply mutatis mutandis to paragraph 5 last sentence.

(2) An application submitted to the Ministry of Health
food business operator who additive manufactured, imported or her
put into circulation. ".

The current footnote. 3s is repealed.

24th In § 3a par. 3 of the introductory part, the words "paragraph 1"
replaced by "in paragraph 2".

25th In § 3, paragraph 6 is repealed.

Paragraph 7 is renumbered paragraph 6.

26th In § 3a at the end of paragraph 6 the sentence "Ministry of Health
ex officio change approval issued under paragraph 1
if there is a change in conditions or the use of additives if they are found
new information or revised existing information about the impact of additives
substances on human health. ".

27th In § 3, paragraphs 7 and 8 are added:

"(7) If the additive or its use in food production
may endanger human health, Ministry of Health approval granted pursuant to paragraph 1
ex officio withdrawn.

(8) The decision pursuant to paragraphs 6 and 7 of the Ministry of Health
down the conditions and the deadline for final sale or consumption of other additives
substances or foods that contain this additive. ".

28th § 3c headline reads: ,,
Responsibilities of food businesses that manufacture or import foodstuffs intended for particular nutritional
".

29th In § 3c paragraph 1 reads:

"(1) The food business operator which manufactures or imports from third countries
food intended for particular nutritional uses not provided
in the implementing regulation, is required before it is first put into circulation send
Ministry of health and Ministry Czech
copy text label that should be indicated on the package.
Food business operator, who said such foods before
first marketed in another Member State of the European Union, identified in the notice and
authority of another Member State of the European Union, which has been informed
first. " .

Existing footnote no. 3 tons is repealed.

30th In § 3c paragraph 2 deleted.

Former paragraphs 3 and 4 become paragraphs 2 and 3

31st In § 3c paragraph. 2, first sentence, the words "manufacturer or importer"
replace the words "food business operator".

32nd In § 3c paragraph. 2, second sentence, the words "manufacturer or importer"
replace the words "food business operator".

33rd § 3d including the title and footnotes. 3f reads:

"3d §

Disclosure food business operator

(1) The food business operator which manufactures or puts into circulation
food, to which are added vitamins, minerals or other
substances with a nutritional or physiological effect (hereinafter referred to as "enriched
food" ), infant formulas or supplements, is obliged
before they are first put into circulation
sent to the Ministry of health, with a copy to the Ministry, Czech text label that will
listed on the product packaging, and in the case of enriched food is also obliged to immediately file
ministries of health and information
product recall.

(2) A food business operator which manufactures or imports from a third country
dietary foods for special medical purposes, shall
before bringing it into circulation, to the State Agricultural and Food Inspection
Czech text label, which will be listed on the product packaging.

(3) A food business operator who manufactures or puts into circulation
food in which marking on the packaging or in advertising outlined
health claims shall


A) before first putting into circulation of such foods send
Ministry of Health and the Ministry of Czech copy of the text of this statement,

B) at the request of the Ministry of Health shall submit documents and information by
directly applicable European Communities
regulating nutrition and health claims made on foods ^ 3f).

(4) The food business operator which manufactures or puts into circulation
food in which marking on the packaging or in advertising outlined
nutrition claim is obliged

A) before first putting into circulation of such foods send the ministry a copy
in the Ministry of Health Czech text of this statement,

B) at the request of the Ministry shall submit documents and information by
directly applicable European Community regulation, regulating
nutrition and health claims made on foods ^ 3f).

3f) Regulation of the European Parliament and Council Regulation (EC) no. 1924/2006. ".

34th In § 4, paragraph 1 reads:

"(1) Conditions of use of ultraviolet light and ionizing
device for the treatment of food and raw materials, types of food and raw materials, which can thus be treated
highest overall average allowable radiation dose, which may be different
kinds of food and raw materials are exposed, and the way
labeling of irradiated foods on packaging in the implementing legislation. Food
specified in the implementing regulation may be way under the first sentence
treated only with the consent of the Ministry of Health and under the conditions
therein. ".

35th In § 4 para. 2 point. a) and § 4 para. 7 point. a) references to
footnote no. 4 are deleted.

36th In § 4 para. 3, references to footnotes. 3f and 3r deleted.

37th In § 4 para. 5, second sentence, and links to footnotes Nos. 3c and
3j deleted.

38th In § 4, paragraph 1, including footnote no. 4 reads:

"(1) The food business operator operating the slaughterhouse (hereinafter
" slaughterhouse operator "), which slaughters animals for slaughter, is obliged to ensure
classification and labeling of slaughter manner and to the extent determined directly applicable

European Community regulations governing the classification of animals for slaughter-4) and an implementing regulation
.

4) of Council Regulation (EC) no. 1183/2006.

Commission Regulation (EC) no. 563/82.

Council Regulation (EEC) No. 3220/84.

Commission Regulation (EC) no. 2967/85.

Council Regulation (EC) no. 2137/92.

Council Regulation (EEC) No. 2759/75.

Council Regulation (EC) no. 2529/2001. ".

Existing footnotes. 4a and 4b are deleted.

39th In § 4a para. 2, after letter b) the following point c) is added:

"C) pigs for slaughter, at the request of the applicant supplied only
defeat for their own consumption."

Existing letter c) shall become point d).

40th In § 4a para. 3 letter b) reads:

"B) adult cattle for slaughter, which is on the applicant's request comes only
defeat for their own consumption.".

41st In § 4, paragraph 4 reads:

"(4) The classification of animals for slaughter is carried out on an individual basis
certificate of professional competence issued by the Ministry (hereinafter
" classifier "), in the manner and to the extent determined
directly applicable regulations of the European Communities
governing the classification of animals for slaughter-4) and an implementing regulation. The classification made
exposing classifier protocol. ".

42nd In § 4, paragraph 6, including footnote no. 5 reads:

"(6) classifier is bound in paper form or manner
allowing for remote transmission of data to convey classification results to the competent
slaughterhouse operator, in which slaughter was carried
slaughter of animals. Slaughterhouse operator is required in paper form or manner
allowing for remote transmission of data to convey classification results
suppliers of animals for slaughter and the person authorized by the Breeding Act guidance
central registration of animals ^ 5). Scope of data reported on the results
classification in the implementing legislation.

5) § 23c of the Act no. 154/2000 Coll., On breeding and registration
livestock and amending certain related laws
(Breeding Act), as amended. ".

The current footnote. 4d is repealed.

43rd In § 4a para. 7, the reference to footnote. 4d repealed.


44th In § 4a, paragraphs 8-10 deleted.

Existing paragraph 11 shall be renumbered 8th

45th § 6 para. 1 point. a) the words "or importer" shall be deleted and the words
"or the Seller", the words "established in a member country of the European Union
".

46th § 6 para. 1 point. m) the words "decree, or
provided by the Ministry of Health issued pursuant to § 11 para. 4"
replaced by "implementing legislation or directly applicable regulations of the European Communities
".

47th § 6 para. 1 letter n) and o) shall be added:

"N) an indication of the class, if so stipulated in the implementing legislation,

O) other data if so stipulated by the Veterinary Act ^ 2c). ".

48th In § 6, paragraph 5, including footnotes. 6d and 6e is:

"(5) Foods or food ingredients on a new type of packaging intended for consumers
designated pursuant to paragraph 1 and those set
directly applicable European Communities regulations governing the new
food or novel ingredient-6d). Foods or food ingredients
genetically modified organism or contain
or which are produced from genetically modified organisms on packaging intended for consumers
designated pursuant to paragraph 1 and those set directly applicable regulations
European Community rules
genetically modified food and feed-6e).

6d) Regulation of the European Parliament and Council Regulation (EC) no. 258/97.

Commission Regulation (EC) no. 608/2004.

Commission Decision (EC) no. 2003/867 dated 1 December 2003
salatrims authorizing the placing on the market as a novel food ingredient under
Regulation of the European Parliament and Council Directive 258/97 / EC.

Commission Decision (EC) no. 2001/721 dated 25 September 2001
authorizing the placing trehalose on the market as food or food ingredient
of the European Parliament and Council Regulation 258/97 / EC.

Commission Decision (EC) no. 2000/500 of 24 July 2000 laying
authorizing the placing "yellow fat spreads with added phytosterol esters
" on the market as food or food ingredient according
Regulation of the European Parliament and Council Regulation (EC) no. 258/97.

6e) Art. 12 and 13 of the European Parliament and Council Regulation (EC) no. 1829/2003
.

Art. 4 Regulation of the European Parliament and Council Regulation (EC) no. 1830/2003. ".

49th In § 7, after point c) new letters d) and e) are added:

"D) food composition data according to the used materials and additives
agents, flavorings, vitamins, minerals and other
substances with a nutritional or physiological effect,

E) an indication of the country of origin or the occurrence of food when
omission of this information could mislead the consumer about the origin or emergence
food. "

Existing letters d) to f) are renumbered f) to h).

50th In § 8 par. 2, references to footnotes. 3s and 6e deleted.

51st In § 10 paragraph. 1 point. e) the words "special legislation 3j)"
replaced by "directly applicable European Community
governing the maximum permitted levels of radioactive contamination of foodstuffs and animal feed
after a nuclear accident or any other radiological situation
^ 3c) ".

52nd In § 10, at the end of paragraph 1 is replaced by a comma and
letter f), which reads:

"F) irradiated in conflict with the requirements established by this Act and
implementing regulation.".

53rd In § 11 par. 2 letter b) including footnote no. 10a reads:

"B) ensure that circulated featured

First supplements that contain vitamins or minerals other than
set out in the implementing regulation, only with the prior approval of the Ministry of Health
,

Second novel food other than the equivalent on the basis of permission issued by
directly applicable European Community
regulating novel foods ^ 10a); application shall be submitted to the Ministry of Health
; copy of the application is sent to the Commission of the European Communities,

10a) Art. 4 Regulation of the European Parliament and Council Regulation (EC) no. 258/97. '.

54th In § 11 para. 2, letter c) shall be deleted.

Existing letter d) is renumbered as point c).

55th In § 11 par. 2 point. c) the words "in the sale and transport of food"
replaced by "at all stages of the food in the circulation."

56th In § 11 paragraph 3 and 4 added:


"(3) The application for approval pursuant to paragraph 2. b) paragraph 1 shall include
food composition data and the nature of its resources
results of laboratory analyzes for the occurrence of contaminants in food and
set microbiological criteria in foodstuffs, and express
National Public Health Institute of Health
food safety.

(4) The Ministry of Health may in a decision issued pursuant to paragraph 2
point. b) paragraph 1, lay down conditions for the use of food supplements and its
labeling on packaging intended for consumers. ".

57th In § 11, after paragraph 4 the following paragraph 5 is added:

"(5) The Ministry of Health of ex officio revoke the consent
issued pursuant to paragraph 2. b) paragraph 1 or amend this decision, if
discovered new information or reassessment of existing information about the impact
supplements or nutrients on human health. The decision of the Ministry of Health
down conditions for the clearance sale or other supplement consumption
diet. ".

The former paragraphs 5 to 10 shall be renumbered 6 to 11

'58. In § 11 par. 7, the reference to footnote. 3d repealed.

59th In § 11 para. 8, the reference to footnote. 3f deleted.

60th In § 11 para. 9, the words "paragraph 7" is replaced by "paragraph 8".

61st In § 11a Paragraph 2 reads:

"(2) Paragraph 1 shall not apply if the legislation
rules of practice and procedures referred to in paragraph 1 shall not guarantee peace
protect legitimate interest, corresponding to the degree of protection in the Czech Republic
. ".

62nd In § 12 para. 4, introductory part of the provision reads:

"An entrepreneur who manufactures or puts into circulation tobacco products
is obliged to comply with the requirements set differently for food."

63rd In § 12 para. 4 point. a) the words "a) to e)" are replaced by "a) a
b)."

64th In § 12 para. 4 letter d) reads:

"D) § 7. a), b), c), e), f), g) and h). "

65th In § 12 para. 4 point. f) the words "paragraph. 2 point. a) ad) "
be replaced by the words" paragraph. 2 point. a) and c) ".

66th In § 12 para. 5 of the introductory part, the words "
person referred to in paragraph 4 shall" be replaced by "undertaking referred to in paragraph 4
is required."

67th In § 12 para. 6, 7 and 9, the words "person referred to" shall be replaced
"said the entrepreneur."

68th In § 12 para. 8, the words "person referred to" shall be replaced
"said the entrepreneur."

69th In § 13, the words "person referred to in § 12 para. 4, that"
replace the words "entrepreneur referred to in § 12 para. 4,".

70th In § 14 para. 1 point. c) a reference to the footnote. 3f
repealed.

71st In § 14 para. 1 point. d) a footnote.
14, including a reference to footnote deleted.

72nd In § 15 para. 1, the reference to footnote. 3c repealed.

73rd In § 15 para. 4, the words "immediately binding" is replaced
"directly applicable" and references to footnotes. 3d and 3f are
deleted.

74th In § 15 para. 5 of the introductory part of the provision reads:

"The Ministry, Health Ministry and the supervisory authorities referred to in §
16 collected in the information system of supervisory bodies in the
food law, kept for the purpose of deepening cooperation in
enforcement of consumer protection | || ministry of information. "

75th In § 15, paragraphs 6-11, which including footnotes
line no. 15a to 15d added:

"(6) The Ministry handles single multi-annual national plan
official inspections and annual reports on inspections conducted by
directly applicable European Community regulation on official controls
^ 15a).

(7) The Ministry accepts applications for authorization of genetically modified organisms
to be used as a starting material for production
food or feed, or products used as food or feed
containing genetically modified organisms,
consisting of a GMO or produced from genetically modified organism
.

(8) The Ministry of Health accepts applications

A) consent to the placing on the market of novel food other than
equivalent,

B) for approval of generic descriptions (names) that are traditionally used to
indicate a particularity of a class of foods or beverages which could
imply an effect on human health,


C) the approval of a health claim.

(9) protective measures to the extent and under the conditions set
directly applicable European Community law on nutrition and
health claims on foods ^ 3f) may impose an ex officio
ministry, in the case of nutritional claims, and the Ministry of health,
case of health claims. The imposition of safeguard measures
Ministry or the Ministry of Health shall inform the Commission of the European Communities
and the other Member States of the European Union.

(10) Directorate-General of Customs Department provides data on goods
which have been released into free circulation or export,
necessary for the performance of control activities of administrative bodies and surveillance
specified in § 16 for the purpose of collecting the data in the joint information system
. The General Directorate of Customs, the State Agriculture and Food Inspection
and veterinary authorities shall exchange
information relevant to their inspection activities.
Range of information and data on the goods shall be provided in a range of statistical data reported in the declaration
including details of the importer or exporter.

(11) Customs office on imports of food and raw materials from third countries

A) does not let these foods raw or under the customs regime of free circulation
if the importer fails to submit a certificate under § 3 para. 4 point. a)
or certificate under § 3 para. 4 point. c)

B) immediately inform the competent authority of state supervision, if the consignment
and its name does not match the presented certificate or certificate

C) ask the competent authorities of the State Supervision binding opinion by
law on general product safety-15b) in the cases referred to in the letter
) and in case of reasonable suspicion that the shipment does not match
presented certificates or certificate

D) does not let these foods raw or under the customs regime of free circulation
, in the case of food or materials controlled by
directly applicable European Community regulation on official controls
^ 15c) and the importer fails to satisfactory results
inspection findings

E) suspend the release of food or raw materials for the procedure
free circulation and immediately apply to the competent supervisory authorities of
binding opinion if the food is raw or reported in the system
RAS-15d).

15a) Art. 41-44 Regulation of the European Parliament and Council Regulation (EC) no. 882/2004
.

15b) Act no. 102/2001 Coll., On general product safety and amending
certain acts (GPSD), as amended
.

15c) Article. 15 Regulation of the European Parliament and Council Regulation (EC) no. 882/2004.

15d) Decree no. 98/2005 Coll., Establishing a system of rapid
Warnings about risks to human health from food and feed. ".

76th Footnote no. 12a is referred to as a footnote
fn. 15e, including the reference to the footnote.

77th In § 16 para. 1 point. c) a reference to the footnote. 3f
repealed.

78th In § 16 para. 1 point. c) Point 4, including footnote no. 15f reads:

"4. entry and imports of food and raw materials from third countries ^ 15f)
if the surveillance is conducted pursuant to subparagraph b);

15f) Article. 2 Regulation of the European Parliament and Council Regulation (EC) no. 882/2004. ".

79th In § 16 para. 1 point. d) the words "immediately binding regulations
European Communities ^ 4b)" is replaced by "
directly applicable European Communities regulations governing the classification of animals for slaughter
^ 4)."

80th In § 16 par. 5, the words "immediately binding" is replaced
"directly applicable".

81st In § 16, after paragraph 5 the following new paragraphs 6-10, which
including footnotes. 15 grams to 15 liters added:

"(6) The basis for the decision of the supervisory authority may be the result of laboratory
another supervisory authority or supervisory authority of another Member State of the European Union
carrying out laboratory testing of samples taken during official
controls ^ 15g).

(7) If the supervisory authority within the prescribed period does not remove
deficiencies identified during a routine check, the operator
food business operator is obliged to reimburse the costs of additional controls
^ 15h). Implementing legislation provides for a lump sum

Additional costs borne by the food control
company. Reimbursement for additional control, the authority
supervision. This compensation is the income of the state budget, choosing her body
supervision, which has imposed and enforced by the customs office.

(8) A food business operator is obliged to pay the costs incurred
to verify compliance with the specifications as
directly applicable European Communities regulations governing the protection of geographical
indications, designations of origin and traditional specialties guaranteed ^ 15i) before | || putting food into circulation. The implementing regulation lays down the amount
lump sum cost of verifying compliance with the specifications. Compensation
costs of verification of compliance with specifications decided by the supervisory authority. This
replacement revenue of the state budget, choosing her supervisory authority that it
imposed and enforced by the customs office.

(9) An implementing regulation provides for a lump sum of costs
incurred in connection with the entry of food and raw materials from third countries
under the directly applicable European Community regulation on official controls
^ 15j). Compensation for these costs, the authority
supervision. This compensation is the income of the state budget, choosing her body
which has imposed and enforced by the customs office.

(10) A food business operator is obliged to pay the costs
incurred in connection with the importation of food and raw materials from third countries
if so stipulated by a directly applicable regulation of the European Communities
^ 15k). The implementing regulation lays down the amount of the lump sum
costs incurred in connection with the importation of food and raw materials from third countries
. Special legislation ^ 15 liters) indicates the costs for
laboratory analysis of the samples, if performed laboratory surveillance authority
. Compensation for such costs shall be decided by the supervisory authority. This compensation is
state budget revenues, collected by the authority which has imposed and enforced
customs office.

15g) Art. 12 Regulation of the European Parliament and Council Regulation (EC) no. 882/2004.

15h) Art. 28 Regulation of the European Parliament and Council Regulation (EC) no. 882/2004.

15i) Article. 11 of Council Regulation (EC) no. 510/2006. Art. 15 of Council Regulation (EC) No.
. 509/2006.

15j) Art. 22 Regulation of the European Parliament and Council Regulation (EC) no. 882/2004.

15k) For example, Commission Decision 2006/504 / EC / Commission Decision
2005/402 / EC of 23 May 2005 on emergency measures regarding
chilli, chilli products, curcuma and palm
oil, Commission decision 2006/601 / EC of 5 September 2006 on emergency
measures regarding the unauthorized genetically modified organism
LL rICE 601 in rice products.

15 liters) Decree no. 541/2002 Coll., Which provides a scale
refund the cost of laboratory tests carried out by the Czech Agriculture and Food Inspection
for control purposes under § 3 para. 3 point. b)
Act no. 146/2002 Coll., on State Agricultural and Food Inspection and
amending certain related laws, as amended by Decree no. 469/2005 Coll
. ".

Former paragraphs 6 to 8 shall be renumbered 11 to 13

82nd Previous footnote. 12b is referred to as a footnote
fn. 15 meters, including the reference to the footnote.

83rd In § 16 para. 12 of the introductory part, the words "Government regulation
(§ 18 par. 2)" is replaced by "Government Regulation on the rapid alert
^ 15d)".

84th In § 16 para. 13, the words "certificate under § 3 para. 4 point. c) and §
paragraph 3. 7 point. d) "is replaced by" certificate under § 3 para. 4 point.
C) a certificate under § 3 para. 5 point. d) ".

85th § 17 including the title and footnote no. 16 reads:

"Administrative offenses

§ 17

(1) The food business operator commits an administrative offense
that

A) fails to comply with sensory, physical, chemical and microbiological quality requirements
food under § 3 para. 1 point. a) or
technological and sanitary requirements, method or conditions of carriage
storage or handling of food under § 3 para. 1 point. b)

B) when irradiated foods progresses in conflict with § 4 para. 1, 2 or 3,

C) fails to comply with protective measures issued by the Ministry of Health
§ 15 paragraph. 9 or fails to measure prohibiting or restricting the use
or putting into circulation of substances, materials or food issued

Ministry or the Ministry of Health in accordance with § 16a

D) in the case of foodstuffs or raw materials intended for export to third countries fail
conditions and requirements for quality and safety in accordance with § 3
paragraph. 5 point. a), or does not notify the competent authority of the country of destination in accordance with §
paragraph 3. 5 point. b), or in conflict with § 3 para. 5 point. c) exports
food that does not meet the quality requirements
without the consent of the competent authority of the country of destination,

E) loaded with foodstuffs or raw materials that do not meet
to the maximum allowable radioactive contamination other than specified in
§ 3. 6

F) comply with the notification obligation pursuant to § 3 para. 1 point. i)
or fails in conflict with § 3 para. 1 point. h) manpower needs
or appropriate technical equipment,

G) fails to comply contrary to § 3 para. 1 point. c) requirements for content
conditions and method of use of vitamins, minerals and other substances with a nutritional or physiological
effect of additives, processing aids and
flavorings,

H) fails to comply contrary to § 3 para. 1 point. d) requirements for the species and
allowable amounts of contaminants, pesticide residues,
toxicologically significant substances or substances produced
activity of microorganisms in food and raw materials

I) do not conflict with § 3 para. 1 point. e) that the food was not
exceeded the maximum permissible level of residues of veterinary medicines and
biologically active substances used in animal production,

J) fails to comply contrary to § 3 para. 1 point. f) requirements for purity and identity
substances referred to in § 2. i) to l), vitamins, minerals
substances or other substances with a nutritional or physiological effect,

K) in contravention of § 3 para. 1 point. g) fails to comply with the approved application range and
marking additives or supplements,

L) in contravention of paragraph § 3d. 3 point. a) or paragraph § 3d. 4 point. a) fails to send text
Czech nutrition or health claim or

M) in contravention of paragraph § 3d. 3 point. b) or § 3d paragraph. 4 point. b)
fails prescribed documents and information, or fails within a specified period
.

(2) The food business also commits an administrative offense
that

A) violates the obligation to comply with food safety requirements set
directly applicable European Communities regulations governing the requirements for food
^ 16) or

B) other behavior than specified in subparagraph a) violates the obligation
set directly applicable European Community
governing requirements for food ^ 16).

(3) An administrative offense shall be fined up

A) 1,000,000 CZK, for an administrative offense under paragraph 1. a), c)
f) or k)

B) 3,000,000 CZK, for an administrative offense under paragraph 1. b) d)
e), g), l) or m) or paragraph 2. b)

C) 50 million CZK, for an administrative offense under paragraph 1. h), i)
or j) or paragraph 2. and).

16) For example, the European Parliament and Council Regulation (EC) no. 178/2002
Commission Regulation (EC) no. 2073/2005. ".

Existing footnotes. 14a, 14b and 16a are deleted.

86th Under § 17, the following new § 17a-17i, which including footnotes
fn. 17 added:

"§ 17a

(1) The food business operator, which provides food to
circulation, commits an administrative offense by

A) for food or raw materials intended for export to third countries

First notifies the competent authority of the country of destination under § 3 para. 5 point. b)

Second exports made in breach of § 3 para. 5 point. c) or

Third do not submit the certificate to the customs office under § 3 para. 5 point. d)

B) puts into circulation wild edible mushrooms in conflict with § 3 para. 8

C) fails to comply contrary to § 3d paragraph. 1 are required to send text Czech
labeling of food supplements, fortified foods or infant nutrition
or submit the relevant administrative authorities information about downloading
fortified food from circulation;

D) when put into circulation substances referred to in § 2. i) to l)
used packaging or packaging materials contrary to § 5

E) marks foodstuff in contravention of § 6-8 or § 9

F) puts into circulation foodstuffs contrary to § 10 paragraph. 1 or exclude them from further circulation
food according to § 11 par. 2 point. a)

G) puts into circulation food with expired shelf life

Contrary to § 10 paragraph. 2 or puts into circulation food
applicable to other than the original use contrary to § 10 paragraph. 3,

H) stored foodstuffs or raw materials in conflict with § 11 para. 1 point. a)
or store food or raw materials in conflict with § 11 para. 1 point.
C)

I) exclude direct contact between foodstuffs and raw materials in accordance with § 11 para. 1 point.
B)

J) in contravention of § 11 para. 1 point. d) not place separately and distinctly highlighted
food use for other than its original use and
food with expired shelf life,

A) shorten the date of minimum durability or usability according to § 11 paragraph
. 1 point. e)

L) in contravention of § 11 para. 1 point. f) puts into circulation unpackaged foods
intended for particular nutritional supplements or novel food

M) puts into circulation a new type of food in conflict with § 11 para. 2 point.
B) point 2

N) in contravention of § 11 para. 2 point. c) does not ensure that all stages
putting food into circulation was proof of the origin of goods

O) fails nutritional value pursuant to § 11 para. 6

P) notifies that puts into circulation or exported fresh fruit, vegetables
or ware potatoes pursuant to § 11 para. 8

Q) in contravention of § 11 para. 2 point. b) 1 point without the consent of the Ministry of Health
puts into circulation a dietary supplement that contains vitamins or minerals
specified in the implementing regulation, or

R) fails to comply with the conditions laid down in the decision of the Ministry of Health
for final sale or consumption of other food supplement or food additive
containing untreated in the implementing regulations.

(2) An administrative offense shall be fined up

A) 500,000 CZK, for an administrative offense under paragraph 1. b), c)
i), j), n), o) or p)

B) 1,000,000 CZK, for an administrative offense under paragraph 1. d), e)
h), k), l), m), q) or r)

C) 3,000,000 CZK, for an administrative offense under paragraph 1. ) or
g)

D) 50,000,000 CZK, for an administrative offense under paragraph 1. F).

§ 17b

(1) The food business operator who produces food or materials
, commits an administrative offense by

A) in contravention of § 3 para. 2 point. c) uses other than heat-treated egg contents
or

B) receives water to produce bottled spring water, bottled water, baby
or bottled natural mineral water in contravention of § 3 para. 2 point. and).

(2) for an administrative offense under paragraph 1. a) shall be fined up to 1
000 000 CZK for an administrative offense under paragraph 1. b) fine up to 3
000 000 CZK.

§ 17c

(1) The food business operator which manufactures or puts into circulation
additives, commits an administrative offense by

A) used for the production of food or put into circulation additives other than
set out in the implementing regulation or foods that contain them
, contrary to § 3a or

B) fails to comply with the conditions laid down in the decision of the Ministry of Health
for final sale or consumption of other additives other than specified in the implementing regulation
or food additive such
containing the substance.

(2) For an administrative offense under paragraph 1 shall be fined up to 1 million CZK.

§ 17d

(1) The food business operator which manufactures or imports from a third country
foodstuffs intended for particular nutritional uses, commits an administrative offense
that

A) notifies initial foodstuffs intended for particular nutritional into circulation
under § 3c paragraph. 1 or fails to verify the professional food
notified pursuant to § 3c paragraph. 2, or

B) fails to measure prohibiting or restricting the placing on the market
foodstuffs intended for particular nutritional use by the Ministry of Health
under § 3c paragraph. 3rd

(2) for an administrative offense under paragraph 1. a) shall be fined up to 500
000 CZK for an administrative offense under paragraph 1. b) a fine up to 1 000
000 CZK.

§ 17e

(1) The food business operator which manufactures or imports
dietary foods for special medical purposes, commits an administrative offense
by failing to report the putting into circulation dietary foods for special medical purposes
according to § 3d paragraph. 2nd

(2) For an administrative offense under paragraph 1 shall be fined up to 1 million CZK.

§ 17f

(1) Classifier commits an administrative offense by


A) classifies the conflict with § 4a para. 4, or

B) disclose the results of classification according to § 4a para. 6th

(2) For an administrative offense under paragraph 1 shall be fined up to CZK 100 000.

§ 17 g

(1) The operator of the slaughterhouse commits an administrative offense by

A) fails to classify or label slaughter animals according to § 4a
paragraph. 1, or

B) disclose the results of classification according to § 4a para. 6th

(2) For an administrative offense under paragraph 1 shall be fined up to 500 000 CZK
.

§ 17h

(1) An entrepreneur who manufactures or puts into circulation tobacco products, the
commits an administrative offense that does not comply with the requirements established for
food according to § 12 para. 4th

(2) An entrepreneur who puts into circulation tobacco products, commits an administrative offense
that

A) contrary to § 12 para. 3 put into circulation tobacco intended for oral use
or

B) contrary to § 12 para. 2 puts into circulation tobacco products that contain substances banned
decree.

(3) An entrepreneur who manufactures tobacco products, commits an administrative offense
that

A) contrary to § 12 para. 1 point. a) used for the manufacture of tobacco products other than
raw or technologically modified tobacco

B) contrary to § 12 para. 5 has not submitted on time according to § 12 para. 6
complete list of ingredients used in the manufacture of various types and brands
tobacco or fails to complete statement or

C) used for the manufacture of tobacco ingredient or quantity
conflict with § 12 para. 1 point. b).

(4) An administrative offense shall be fined up

A) 1,000,000 CZK, for an administrative offense under paragraph 1 or paragraph 2
point. a) para 3. a) or b)

B) 3,000,000 CZK, for an administrative offense pursuant to paragraph 2. b) or
para 3. C).

§ 17i

(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.

(2) In assessing the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission and its consequences
and the circumstances under which it was committed.

(3) The liability of a legal person for an administrative tort shall expire if
administrative authority has initiated proceedings within 1 year of the date when it became
but no later than 3 years after the date on which it was committed .

(4) The liability for conduct that occurred in entrepreneurial
natural person or in direct connection therewith, shall be subject to the provisions of the
liability and sanctions to legal persons.

(5) Administrative offenses dealt with in the first instance

A) regional health departments, in the case of administrative offenses pursuant to § 17 paragraph
. 1 point. a) to c), f) to m), § 17 para. 2, § 17 paragraph. 1 point. b)
to r) § 17b Sec. 1, § 17c paragraph. 1, § 17d paragraph. 1

B) inspectorate of the State Agriculture and Food Inspection Authority, if it is a
administrative offenses pursuant to § 17 para. 1 point. a) to m), § 17 para. 2, § 17a
paragraph. 1 point. a) to r) § 17b Sec. 1, § 17c paragraph. 1, § 17d paragraph. 1, § 17e paragraph
. 1, § 17h paragraph. 1-3,

C) regional health authorities, in the case of administrative offenses pursuant to § 17 paragraph
. 1 point. a) to j), § 17 para. 2, § 17 paragraph. 1 point. a), d) up to)
m) to o) § 17b paragraph. 1 point. b) § 17c paragraph. 1, § 17d paragraph. 1

D) Central Inspection and Testing Agricultural Institute, in the case of administrative
offenses under § 17f paragraph. 1 and § 17 g paragraph. 1st

(6) The supervisory authority may refrain from imposing fines in cases where there has been
correction of infringements in accordance with the measure ^ 17)
or immediately after it was found the infringement and did not
is a non-wholesome food or deception
consisting in violation of certain intellectual property rights-6c).

17) § 5 para. 1 of Act no. 146/2002 Coll., On State Agricultural and Food Inspection
and amending certain related laws,
amended. ".

87th In § 18 par. 1 point. g) the words "
technological requirements and quality requirements related to the title" is replaced by "
requirements on quality, technological requirements, quality requirements related to
name and permissible negative mass and volume discrepancies packaging ".

88th In § 18, at the end of paragraph 1 is replaced by a comma and
letter p), which reads:


"P) lump sum costs of additional checks according to § 16 par. 7
lump sum cost of verifying compliance with the specifications
according to § 16 para. 8, a lump sum of costs incurred in connection with | || entry of food and raw materials from third countries pursuant to § 16 para. 9 and the amount
lump sum of costs incurred in connection with the importation of food and
materials from third countries according to § 16 para. 9 and 10. ".

89th In § 19 para. 1 point. a) the words "in particular the quantity and types
dietary supplements," are deleted.

90th In § 19 para. 1 point. b) the words "and dietary supplements" are deleted.

91st In § 19 at the end of paragraph 1 is replaced by a comma and
letter k), which reads:

"K) the recommended daily allowance of vitamins and minerals and
maximum amounts of vitamins and minerals that can be added to food
criteria for their purity substances added to food or not only
limited quantity, method of labeling
fortified foods and their conditions of use. ".

Art. II
Transitional provisions


First Food unmarked in accordance with § 7. d) and e) of the Act no. 110/1997 Coll., as amended
effective from the date of entry into force of this Act, be put into circulation
later than 3 months after the effective date of this Act.

Second Until 31 December 2009 can be in food supplements taking vitamins and minerals
other than those specified in the implementing regulation (hereinafter referred
"substances"), provided that

A) the substance in question, were in use on one or more food supplements
sold in the European Communities 12 July 2002
and

B) on the basis of the material supporting the use of substances that either of
EU Member States to the Commission of the European Communities
no later than July 12, 2005, nezamítnul European Food Safety Authority
food uses of the substance or its the forms in the manufacture of food supplements
; lists of substances to which they were submitted to the Commission of the European Communities
such materials published by the Ministry of Health
manner allowing remote access.

Art. III

Authorization to publication of the full text of the Act

Prime Minister is authorized to make in the Collection of Laws the full wording
Act no. 110/1997 Coll., On foodstuffs and tobacco products and amending and supplementing certain
related laws, as it follows from the laws || | changing.
PART TWO


Amendment to the Act on the State Agricultural and Food Inspection

Art. IV

Act no. 146/2002 Coll., On the State Agricultural and Food Inspection
amending certain related laws, as amended by Act no. 309/2002 Coll.
Act no. 94/2004 Coll. Act no. 316/2004 Coll., Act no. 321/2004 Coll. and
Act no. 444/2005 Coll., is amended as follows:

First In § 1 the following paragraph 6 is added:

"(6) As a body of first instance decisions in administrative proceedings Inspectorate
jurisdiction under their jurisdiction on an appeal against a decision
inspectorate central inspectorate shall decide.".

Second In § 2, letter a), including footnotes Nos. 3 and 3a reads:

"A) control surveys conducted by inspectors of compliance with the requirements laid down
special legal regulations 3)
or directly applicable regulations of the European Communities ^ 3) on the basis
inspector imposes measures to remedy identified shortcomings and where
A protocol,

3) For example, Act no. 110/1997 Coll., On food and tobacco
products and amending and supplementing some related laws, as
amended, Act no. 321/2004 Coll., On viticulture
wineries and amending certain related acts (
viticulture and wine), as amended, Act no.
634/1992 Coll., on consumer protection, as amended,
law no. 97/1996 Coll., on the protection of hops, as amended,
Act no. 61/1997 Coll., on spirits and amending and supplementing law no. 455/1991
Coll., on Trades (Trade Act), as amended
amended, and Act no. 587/1992 Coll., on excise Duties
amended, (alcohol Act), as amended
regulations Act no. 307/2000 Coll., on agricultural warehouse Certificates and agricultural public warehouses
amending certain related

Acts as amended by Act no. 444/2005 Coll., Act no. 102/2001 Coll., On
general product safety and amending some laws (Act on General Product Safety
), as amended, regulations.

3) For example, the European Parliament and Council Regulation (EC) no. 178/2002 of
28 January 2002 laying down the general principles and requirements
food law, establishing the European Food Safety Authority and
laying down procedures in matters of food safety, as amended,
Regulation of the European Parliament and Council Regulation (EC) no. 852/2004 of 29 April
2004 on the hygiene of foodstuffs, Regulation (EC) no. 2073 / 2005 dated 15
November 2005 on microbiological criteria for foodstuffs
Regulation (EC) no. 509/2006 of 20 March 2006 on agricultural products
and foodstuffs as traditional specialties guaranteed ,
Regulation (EC) no. 510/2006 of 20 March 2006 on the protection of geographical indications and
designations of origin for agricultural products and foodstuffs. ".

Third In § 2 letters c) and d) shall be deleted.

Existing letters e) to h) are renumbered c) to f).

Fourth In § 2. c) the term "product" is replaced by "placing
agricultural products'.

Fifth In § 2. e) and § 3 para. 1 point. e) the words "products that"
replaced by "whether agricultural products".

6th In § 2. f) the words "products" are replaced by "
agricultural products."

7th In § 3 para. 1 introductory part, the words ", soap and detergent
" and the words "(hereinafter" products ")" are deleted.

8th In § 3 para. 1 point. a) and § 5 para. 1 point. a) 1 the words "
these products" are replaced by "these agricultural products."

9th In § 3 para. 1 point. b) the words "these products" are replaced
"these agricultural products."

10th In § 3 para. 1 point. f) the words "The products" are replaced
"designations for agricultural products" and at the end of the text of letter f), the following
words "or TSG-10a)."

Footnote. 10a reads:

"10a) Council Regulation (EC) no. 509/2006.

Council Regulation (EC) no. 510/2006. ".

11th In § 3 para. 1 point. g), § 3 para. 4 point. aa) and § 12a
word "immediately binding" is replaced by "directly applicable".

12th In § 3 para. 2 the words "special legislation 10a)"
replaced by "Law on foodstuffs and tobacco products-10b)."

Footnote. 10b reads:

"10b) § 3b Act no. 110/1997 Coll., As amended by Act no. 316/2004 Coll.".

13th In § 3 para. 3 point. a) § 5 para. 1 point. a) Section 1, § 5 para. 1
point. a) point 3 and § 5 para. 1 point. e) the words "outstanding product"
replaced by "the circulation of agricultural products'.

14th In § 3 para. 3 point. f) the words "to the extent determined"
inserted the words "directly applicable Community legislation on food hygiene
^ 12a) and".

Footnote. 12a reads:

"12a) Regulation of the European Parliament and Council Regulation (EC) no. 852/2004.".

15th In § 3 para. 4 point. b) the words "analysis of products" are replaced
'analyzes of agricultural products "and" the products "are replaced
" the agricultural products ".

16th In § 3 para. 4 point. d) the words "and GIs to register
^ 10)" is replaced by "geographical indications and traditional specialties guaranteed
to register ^ 10) ^ 10a)".

17th In § 3 para. 4 point. g) the words "giving entrepreneurs into circulation
or exporting fresh fruit, vegetables or drinking
potatoes, assigns them the registration numbers and other evidence leads
necessary for their tasks" are replaced by "food operators || | businesses. "

18th In § 3 para. 4 letter p) is deleted.

Existing letters q) to z) are renumbered p) to y).

19th In § 3 para. 4 point. u) the words "food imported from third countries
under a special legal regulation 14b)" is replaced by "when
entry and imports of food and raw materials from third countries ^ 14b)."

Footnote. 14b reads:

"14b) Article. 15 Regulation of the European Parliament and Council Regulation (EC) no. 882/2004. ".

20th In § 3 para. 4 point. y), § 3 para. 4 point. bb) § 5 para. 1 point. f)
and § 6 para. 5, the words "immediately binding" is replaced by "
directly applicable".


21st In § 3, at the end of paragraph 4 is replaced by a comma and letters
cc) to ee) which, including footnotes. 14h and 14i added:

"Cc) ensuring adequate and regular training
persons performing compliance checking by the directly applicable European Communities
checks on compliance with marketing standards-14h)

Dd) performs verification of compliance with the specifications as
directly applicable European Communities regulations governing the protection of geographical
indications, designations of origin and traditional specialties guaranteed-10a)

Ee) in the case of cross-border cooperation supervises
proceeding in accordance with the relevant regulations of the European Communities ^ 14i) in the range of substantive
scope of specific legislation which is projected
directive referred to in paragraph 16 of the annex to this regulation.

14h) For example, Commission Regulation (EC) no. 1148/2001 of 12 June 2001
checks on compliance with marketing standards for fruit and vegetables.

14i) Regulation of the European Parliament and Council Regulation (EC) no. 2006/2004 on
cooperation between national authorities responsible for the enforcement
compliance with consumer protection laws (Regulation on cooperation in consumer protection
). ".

22nd In § 3 para. 5, the words "product person" is replaced by "person
agricultural product" and "the product" is replaced by "that
agricultural product."

23rd In § 3, paragraphs 6-10, which including footnotes
no. 14j to 14n added:

"(6) Inspection performs additional checks by
directly applicable European Community regulation on official controls ^ 14j).
Special legislation provides for a lump sum cost of additional controls.
Reimbursement for additional control decides inspection.

(7) The food business operator is obliged to pay the costs
related to the verification of compliance with specifications according
directly applicable European Communities regulations governing the protection of geographical
indications, designations of origin and traditional specialties guaranteed ^ 14k) before | || putting food into circulation. Special legislation stipulates the amount
lump sum cost of verifying compliance with the specifications. Compensation
cost of verifying compliance with the specifications decides inspection.

(8) Special legislation provides for a lump sum of costs that
incurred in connection with the entry of food and raw materials from third countries
under the directly applicable European Community regulation on official controls
^ 14 liters). The reimbursement of these costs will decide inspections.

(9) The food business operator is obliged to pay the costs
incurred in connection with the importation of food and raw materials from third countries
if so stipulated by a directly applicable regulation of the European Communities
^ 14 m). Special legislation provides for a lump sum
costs incurred in connection with the importation of food and raw materials from third countries and
implementing legislation indicates the costs for lab analysis
controls, when performing a laboratory inspection. About
reimbursement of those expenses will decide inspections.

(10) Inspections carried out further inspection and surveillance activities under the Act on
State Agricultural Intervention Fund ^ 14n).

14j) Art. 28 of Regulation (EC) no. 882/2004 of 29 April 2004 on official
controls to ensure compliance with legislation concerning
feed and food law, animal health and welfare of animals
.

14k) Art. 15 of Council Regulation (EC) no. 509/2006. Art. 11 of Council Regulation (EC) No.
. 510/2006.

14 liters) Art. 22 Regulation of the European Parliament and Council Regulation (EC) no. 882/2004.

14 meters) For example, Commission Decision 2006/504 / EC / Commission Decision
2005/402 / EC of 23 May 2005 on emergency measures regarding
chilli, chilli products, curcuma and palm
oil, Commission decision 2006/601 / EC of 5 September 2006 on emergency
measures regarding the unauthorized genetically modified organism
LL rICE 601 in rice products.

14n) § 12a of the Act no. 256/2000 Coll., On the State Agricultural Intervention Fund
and amending some laws (Act on the State Agricultural Intervention Fund
), as amended. ".

24th In § 4 para. 1 point. a) the words "product samples" are replaced

"Samples of agricultural products" and the words "whether these products" are replaced
words "whether these agricultural products".

25th In § 4 para. 1 point. g) the words "under § 3 para. 3 point. e) "
replaced by the words" under § 3 para. 4 point. E)".

26th In § 4, at the end of paragraph 1 is replaced by a comma and
letter m) is added:

"M) when checking the Internet or other forms of mail-order sales
done on the basis of a mandate inspectorate test purchase.".

27th In § 5 para. 1 point. b) the words "defective products" are replaced
"defective agricultural products'.

28th In § 5 para. 1 point. d) the words "stored products" are replaced
words "stored agricultural products."

29th In § 5, at the end of paragraph 1 is replaced by a comma and
points g) and h) which, including footnotes. 14o and 14p added:

"G) imposes measures carried out at the expense of the inspected person for a certain period of time
analyzes in the laboratory meets the requirements of DIN EN ISO / IEC 17025
, while detection of unsafe food or
suspect that this is an unhealthy foods

H) in the event of a finding of infringement ^ 14o), which is controlled
person committed on the territory of the European Communities or
another state of the European Economic Area and which harms or may harm
common interest of consumers ^ 14p), such conduct
measure forbids.

14o) Art. 3 point. b) Regulation of the European Parliament and Council Regulation (EC) No.
2006/2004 on cooperation between national authorities responsible for
enforcement of consumer protection laws (Regulation on
cooperation in the field of consumer protection).

14p) Art. 3 point. k) Regulation of the European Parliament and Council Regulation (EC) No.
2006/2004 on cooperation between national authorities responsible for
enforcement of consumer protection laws (Regulation on
cooperation in the field of consumer protection). ".

30th In § 5 para. 2, "seized products" are replaced
"detained agricultural products'.

31st In § 5 para. 5, the words "producing products" are replaced by "
production of agricultural products".

32nd In § 5, paragraph 6 reads:

"(6) The inspector shall ensure agricultural products, food or tobacco
products that do not meet the requirements of the special legal regulation 8) ^ 16)
or directly applicable European Community ^ 3) until || | inspectorate before a final decision on their forfeiture or
prevent, or until it is demonstrated that this is not a
such agricultural products, food or tobacco products. ".

33rd In § 5 para. 7, the words "the seized products" is replaced
"secured agricultural products" and the words "withdrawal of the product" shall
words "withdrawal of an agricultural product".

34th In § 5 para. 8, "the seized products" is replaced
"secured agricultural products" and the words "such products" are replaced
words "such agricultural products".

35th In § 5 para. 9, the words "the products" are replaced by "that
agricultural products".

36th § 6 para. 2 the words "products" are replaced by "
agricultural products".

37th § 6 para. 3, the words "destruction of products" are replaced by "
destruction of agricultural products" and the words "these products" are replaced by "these
agricultural products".

38th § 6 para. 6 the words "immediately binding" is replaced
"directly applicable".

39th In § 7, the words "the product" are replaced by "an agricultural product
".

40th § 10 including footnotes Nos. 21 and 22 deleted.

41st § 11 including the title and footnotes Nos. 21 and 22 reads:

"§ 11

Administrative offenses of legal entities and individuals

(1) A legal or natural person commits an administrative offense
that

A) violates the prohibition under § 5 para. 1 point. a)

B) fails to comply with the Regulation on destruction of unsafe agricultural products
food, raw materials or tobacco products under § 5 para. 1 point. b)

C) fails to comply with the measures under § 5 para. 1 point. c), d), e) or f) or

D) breaches the obligation stipulated directly applicable European Community
^ 21) governing the requirements for agricultural products.


(2) For an administrative offense under paragraph 1 shall be fined up

A) 1,000,000 CZK, for an administrative offense under paragraph 1. a), b) or c
)

B) 3,000,000 CZK, for an administrative offense under paragraph 1. d).

Along with a fine or forfeiture alone can save
agricultural products, foodstuffs or tobacco products.

(3) The supervisory authority may refrain from imposing fines in cases where there has been
correction of infringements in accordance with the measures imposed under § 5
or immediately after it was found the infringement and identified
unlawful conduct could damage your health
individuals or was not deceiving consumers of
IPR infringement ^ 22).

21) For example, Council Regulation (EC) no. 316/68 of 12 March 1968
fixing quality standards for fresh cut flowers and fresh ornamental foliage
, as amended.

22) Act no. 634/1992 Coll., On consumer protection, as amended
regulations. ".

Existing footnotes. 23, 24, 25 and 27 shall be repealed.

42nd Under § 11, the following new § 11a-11c, which, including the title added:

"§ 11a

The confiscation of agricultural products, foodstuffs or tobacco products

(1) Forfeiture of agricultural products, food or tobacco
can be saved if agricultural products, food or tobacco products
belonging to the offender, and

A) were for committing an administrative offense used or intended, or

B), in connection with committing an administrative offense obtained.

(2) The owner of the sunken agricultural products, food and tobacco products
becomes a state.

§ 11b

Seizure of agricultural products, foodstuffs or tobacco products

(1) Unless a forfeiture of agricultural products, food or
tobacco products, referred to in § 11 paragraph. 1 point. a) or b)
can decide on confiscation,

A) if it belongs to the offender, who can not be
for administrative offense prosecuted or

B) if it does not belong to the offender or they do not
completely.

(2) The owner of confiscated agricultural products, foodstuffs or tobacco products
becomes a state.

§ 11c

Joint provisions on administrative offenses

(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.

(2) In assessing the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission and its consequences
and the circumstances under which it was committed.

(3) The liability of a legal person for an administrative tort shall expire if
administrative authority has initiated proceedings within 1 year of the date when it became
but no later than 3 years after the date on which it was committed .

(4) Forfeiture can not be saved if the value of the item is grossly disproportionate to the nature
administrative offense.

(5) The detainer can not decide if the conduct that manifests signs of an administrative offense
past 3 years.

(6) The liability for conduct that occurred in entrepreneurial
natural person or in direct connection therewith, shall be subject to the provisions of the
liability and sanctions to legal persons.

(7) Administrative offenses under this Act in the first instance
inspectorate.

(8) Fines collected by the administrative authority which imposed them, and enforced by the customs office.
Revenue from fines is the income of the state budget. ".

43rd § 12 is deleted.

Art. In

Authorization to publication of the full text of the Act

Prime Minister is authorized to make in the Collection of Laws the full wording
Act no. 146/2002 Coll., On State Agricultural and Food Inspection and
amending certain related laws, as follows from the laws it || | changing.
PART THREE


Amendment to Act no. 316/2004 Coll.

Art. VI

In Art. II of Act no. 316/2004 Coll., Amending Act no. 110/1997 Coll.
On foodstuffs and tobacco products and amending and supplementing some
related laws, as amended regulations, and some other
laws as amended by Act no. 392/2005 Coll., point 3 is deleted.
PART FOUR



EFFICIENCY
Art. VII

This Act comes into force on the thirtieth day after its promulgation,

Exception of Article I, para. 74 in terms of § 15 para. 5, introductory part
provisions which came into effect on 1 January 2010.
Vlcek vr

Klaus vr


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