33/2006.
LAW
of 26 March. January 1, 2011,
amending Act No. 91/1996 Coll., on feedstuffs, as amended
the laws of the
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 91/1996 Coll., on feedstuffs, as amended by Act No. 247/2000 Coll.,
Act No. 147/2002 Coll., Act No. 320/2002 Coll., Act No. 21/2004 Coll.
Act No 444/2005 Coll., Act No. 553/2005 Coll., Act No. 214/2007 Coll.
Act No. 227/2009 Coll. and Act No. 281/2009 Coll., is amended as follows:
1. In article 1 (1). 1, after the word "down" following the word "some" and the words
"circulation" shall be replaced by the words "on the market".
2. Footnote No. 1 and 1a shall be added:
"1) Article. 6 of Commission Directive 98/51/EC of 9 December 1999. July 1998, which
lays down certain measures for implementing Council Directive 95/69/EC
lays down the conditions and arrangements for approving and registering certain
establishments and intermediaries operating in the animal feed sector.
Directive of the European Parliament and of the Council 2002/32/EC of 7 September 2004. May 2002
on undesirable substances in animal feed, as amended.
Commission Directive 2002/63/EC of 11 December 1997. July 2002 laying down the
Community methods of sampling for the official control of residues
pesticides in products of plant and animal origin and on their
surface and repealing Directive 79/700/EEC.
Commission Directive 2008/39/EC of 5 July 2004. March 2008 laying down
a list of intended uses of animal feedingstuffs for particular nutritional purposes, as amended.
1A) European Parliament and Council Regulation (EC) No 2377/90 of 26 June 1990.
June 1990 laying down a Community procedure for the establishment of
maximum residue limits of veterinary medicinal products in
foodstuffs of animal origin, as amended.
European Parliament and Council Regulation (EC) No 999/2001 of 22 May 2001.
May 2001 laying down rules for the prevention, control and eradication of
certain transmissible spongiform encephalopathies, as amended.
European Parliament and Council Regulation (EC) No 178/2002 of 28 January 2002. January
2002 laying down the General principles and requirements of food law,
establishing the European food safety authority and laying down procedures in
relating to food safety, as amended.
European Parliament and Council Regulation (EC) No 1774/2002 of 3 October 2002. October
2002 laying down health rules for animal by-products
origin not intended for human consumption, as amended.
European Parliament and Council Regulation (EC) No 1829/2003 of 22 July 2003. September
2003 on genetically modified food and feed.
European Parliament and Council Regulation (EC) no 1830/2003 of 22 July 2003. September
2003 concerning the traceability and labelling of genetically modified organisms
and the traceability of food and feed products produced from genetically
modified organisms and amending Directive 2001/18/EC.
European Parliament and Council Regulation (EC) no 1831/2003 of 22 July 2003. September
2003 on additives used in animal nutrition.
European Parliament and Council Regulation (EC) No 882/2004 of 29 April 2004. April
2004 on official controls performed to ensure the verification of compliance with the legal
provisions relating to feed and food law and animal health rules and
animal welfare, as amended.
European Parliament and Council Regulation (EC) No 183/2005 of 12 April 2005. January
2005 laying down requirements for feed hygiene.
European Parliament and Council Regulation (EC) No 396/2005 of 23 November 2005. February
2005 on maximum residue levels of pesticides in food and feed
plant and animal origin and on their surface and amending Directive
Council 91/414/EEC, as amended.
Commission Regulation (EC) no 429/2008 of 25 June. April 2008 implementing
rules for the regulation of the European Parliament and of the Council (EC) no 1831/2003,
with regard to the preparation and submission of applications and the evaluation and authorisation of
the additives.
Commission Regulation No 158/2009 of 27 May. January 2009 laying down
methods of sampling and laboratory testing for official controls
feed.
European Parliament and Council Regulation (EC) no 767/2009 of 13 July.
July 2009 on the placing on the market and use of feed, amending Regulation (EC)
No 1831/2003 and repealing Council Directive 79/373/EEC, Commission directive
80/511/EEC, Council Directive 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and
96/25/EC and Commission decision 2004/217/EC.
Commission Regulation (EC) no 669/2009 of 24 September. July 2009 laying
performs a regulation of the European Parliament and of the Council (EC) No 882/2004, if
as for the reinforced official controls on imports of certain feed and food of another
than animal origin and amending Decision 2006/504/EC, in
the texts of Commission Regulation (EU) No 212/2010.
European Parliament and Council Regulation (EC) no 1069/2009 of 21 October 2003.
October 2009 laying down health rules for animal by-products
origin and derived products not intended for human consumption, and
repeal of Regulation (EC) No 1774/2002 (the regulation for by-products
of animal origin).
Commission Regulation (EC) no 1135/2009 of 25 June. November 2009
laying down special conditions for the import of certain products originating in or
sent from China, and repealing Commission decision No.
2008/798/EC.
Commission Regulation (EU) No 257/2010 of 25 March. March 2010 laying
imposing special conditions for the import of guar gum originating in or
consigned from India due to the risks of contamination and pentachlorfenolem
dioxins and repeals decision No 2008/352/EC ".
3. § 2 paragraph 1 reads:
' (1) in this Act, means the
and unwanted substance or substance) product, present on the surface of or in the
products intended for animal feed, which represent a potential
danger to the health of the animals, people or the environment and which can
have an adverse effect on animal production, with the exception of pathogenic
agents,
(b)) a withdrawal period the minimum period which must elapse from the end
feed intake, that contains a particular additive, for which the
This time limit is set, the slaughter of the animal or early production
animal products intended for food of the people, in order to ensure that the
do not contain residues in quantities in excess of the additives
the maximum limits laid down by the law ^ 2a) veterinary and regulations
Of the European communities,
(c)) conditionally applicable food additive or premix
a feed additive or premixture, which does not meet any of the requirements
provided for in this law, the implementing legislation issued by the
its implementation or the regulations of the European communities, and which cannot be
for this reason, for the original purpose, provided that this
feed additive or a premixture is maintained his health
safety,
(d)) znehodnoceným feed additive premix or feed,
additive or premixture, unfit for animal feed,
(e) the determination of biological testing) efficacy and safety of feedingstuffs, or
the additive,
f) supplier of legal or natural person, in possession of a feed
the additive or premixture, manipulates, or placed on the market,
g) distributor of legal or natural person who conveys
placing the feed additive on the market or the premixture, without the
the product was in the possession of. ".
4. In article 2 (2). 2 points, and), h) and (i)) shall be deleted.
Subparagraph (b)) to (g))) and (j) shall become letters and) to (g)).
5. In article 2 (2). 2 (a). and) point 1, the words "banned substances" are replaced by
the words "prohibited material" and the words ", where appropriate, of the products ' shall be deleted.
6. In article 2 (2). 2 (a). and (2)) after the word "side" is inserted after the word
"substance" and the words "banned substances" shall be replaced by the words "the forbidden
material ".
7. In article 2 (2). 2 (a). (c)), the words "into circulation or circulation"
replaced by the words "on the market or is on the market".
8. in section 3, paragraph 1 reads:
"(1) the production, placing on the market and use of feed, an operator must
feed business ^ 2 c) (hereinafter referred to as the "operator") comply with the content and
limits of undesirable substances, in order to ensure the wholesomeness of the ^ 2d).
Products for animal feed with the content of the undesirable substance higher than
the maximum limit of their content, the operator must not be mixed for the purposes
dilution of the same or any other products to feed. "
9. in article 3, paragraphs 2, 4 and 8 shall be deleted.
Paragraphs 3, 5, 6, 7 and 9 shall be renumbered as paragraphs 2 to 6.
10. in section 3, paragraph 3 reads:
"(3) For the manufacture of feedingstuffs of additives and premixtures and animal feed
the operator may not use the products to feed containing the adverse
the substance, if they exceed the limits established by the implementing
by-law, or that contain foreign objects which may endanger health
animals or live storage pest, the list of which lays down the detailed
legislation. ".
11. in section 3, the following is inserted after paragraph 5 paragraph 6, including
footnote No. 16 reads as follows:
"(6) the import of products for feeding, for which the required provisions
Of the European communities of 16), the ^ operator is required to notify in advance
The central control and testing Institute of agriculture (hereinafter referred to as
"the Institute").
16) for example, annex I of Commission Regulation (EC) no 669/2009, article. 3
Commission Regulation (EC) no 1135/2009. 1 Commission Regulation (EU) No.
258/2010. ".
The present paragraph 6 is renumbered as paragraph 7.
12. in section 3, paragraph 3. 7 points), d), (f)), and g) are deleted.
Subparagraph (b)), c), (e)), h) and (i)) are known as letters) to
(e)).
13. in section 3, paragraph 3. 7 (b). e), the words "including the analytical and
technological tolerance "be deleted and the following is added at the end of the text, the words"
, in addition to additives, subject to the directly applicable
regulations of the European communities ^ 3b) ".
Footnote No. 3b):
"3b), for example, Commission Regulation (EC) No 102/2009 concerning the permanent authorisation of
the additive, Commission Regulation (EC) No 214/2009 amending
Regulation (EC) no 1800/2004 as regards the terms of the authorisation
substance Cycostat 66 G, Commission Regulation (EC) No 554/2008 concerning the authorisation of
6-phytase (Quantum Phytase) as a feed additive.
14. section 3b, including the title.
15. in section 4, paragraph 4. 1 the words "Central control and testing Institute
agricultural (hereinafter referred to as "the Institute") "shall be replaced by the word" Institute ".
16. in section 3, paragraph 3. 5, § 6 (1). 1, § 6a of paragraph 1. 1, § 16 para. 1 and section 21a
paragraph. 1 and 2, the words "in circulation" shall be replaced by "on the market".
17. in paragraph 7 (2). 1 (b). (c)) and section 7 (1). 4, the words "prohibited substances and
products "shall be replaced by" prohibited material ".
18. in section 10, paragraph 1, including footnote # 17:
"(1) the Institute shall publish, in accordance with the European communities ^ 17)
list of approved and registered in a manner enabling operations
remote access.
17) Article. 19 of the European Parliament and Council Regulation (EC) No 183/2005. ".
19. section 11 to 13 shall be deleted.
20. in § 17 paragraph 2. 1 the part of the sentence after the semicolon including semicolon shall be deleted.
21. in § 17 paragraph 9, including footnote # 18:
"(9) the Ministry shall issue a decree
a) requirements for the sampling for the official control of residues
pesticides in products for animal feed,
(b)) the manner of publication of laboratory testing methods and procedures in official
inspection of products for feeding, unless the methods set out in the regulations
Of the European communities ^ 18).
18) Commission Directive 2002/63/EC.
Article. 7 and 11 of European Parliament and Council Regulation (EC) No 882/2004.
Commission Regulation (EC) No 152/2009. ".
22. section 19, including title and footnote # 13 be deleted.
23. § 19a including title and footnote # 19 and 20 read as follows:
"§ 19a
Administrative offences of legal persons and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by performing activities in accordance with § 4 para. 1 without the consent of
of the Institute.
(2) a legal entity or individual entrepreneur as an operator
committing an administrative offense, by
and produces, uses,) bring or launches a feed additive
or premixtures in violation of § 3 para. 1 to 6,
(b) fails to notify the Institute changes) information referred to in the request for approval under section
4 (4). 8,
(c)) carries out activities pursuant to § 5 para. 1 without registration service or
fails to notify changes to the data referred to in the application for marketing authorization pursuant to § 5 para.
8,
(d)) does not ensure any of the requirements of the operation in accordance with § 7 paragraph 1. 1 (b). and)
or (b)),
(e)) does not provide separate storage of feedingstuffs, additives or premixtures
pursuant to § 7 para. 1 (b). (c)),
f) operates mobile mill feed and does not notify the location or time schedule
the production of feedingstuffs pursuant to § 7 para. 2,
g) does not process does in writing or does not comply with the procedures pursuant to § 7 para.
3,
(h)) does not notice or does not flow under § 7 para. 4,
I) does not retain records pursuant to § 7 para. 5,
j) fails to comply with an obligation imposed special measures under section 18,
k) produces or presents on the market of raw materials or products that have been
acquired or modified using new technological processes or that
do not yet have the character of a feed, without the permission of their production or marketing
on the market under section 21a, para. 2,
l) contrary to the directly applicable European Community law
governing the use of the feed and their placing on the market of ^ 19) applies or
on the market of feed additives or premixtures which are not
safe or have a direct negative effect on the environment or
animal welfare,
m) does not ensure the designation, presentation or packaging of feed additives
substances or pre-mixes in accordance with regulations of the European communities,
n) neuskladní feed additives or premixtures according to § 14 para. 1
or does not ensure the implementation of disinfection, disinsection or rodent control pursuant to §
14. 2,
about) does not ensure the transport of feedingstuffs, premixtures of additives or in accordance with the
regulations of the European communities,
p) does not accept the corresponding sanitary measures provided for directly
the applicable law of the European communities ^ 9 c),
q) contrary to the directly applicable European Community law
governing the requirements for feed hygiene removes or applies a feed
additives or premixtures of unregistered or unsanctioned
operations ^ 20), or
r) violates any other obligation specified in the provisions of the European communities in
feed ^ 1a).
(3) the operator of a laboratory is guilty of an administrative offense to the fact that
contrary to section 17 para. 8 does not flow according to the requirements for the subscription
samples or apply methods laid down for the procedure in the laboratory
testing.
(4) an administrative offense shall be fined in the
and 750 000 CZK), in the case of an administrative offence referred to in paragraph 2 (a). I) to (l)),
b) 500 000 CZK in the case of an administrative offence referred to in paragraph 1, paragraph 2
(a). a), d), (e)), g), (h)), m) to q) or in accordance with paragraph 3,
c) 250 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (b)), (c)),
(f)) or r).
19) Article. 3 (2). 1 European Parliament and Council Regulation (EC) No.
767/2009.
Article. 4 (4). 1 European Parliament and Council Regulation (EC) no 767/2009.
20) Article. 5 (3). 6 European Parliament and Council Regulation (EC) No.
183/2005. ".
24. in section 20 (2). 1, after the words "prescribed by law"
the words "or the regulations of the European communities ^ 21)".
Footnote 21 reads as follows:
"21) for example, regulation of the European Parliament and of the Council (EC) no 767/2009,
European Parliament and Council Regulation (EC) no 1831/2003. ".
25. In section 21a para. 8, the words "an implementing regulation in accordance with the"
be deleted and the word "community" shall be supplemented with reference to the note below
line no. 11 shall be taken.
26. the footnote # 13e:
"13e) European Parliament and Council Regulation (EC) no 1831/2003. Regulation
Commission Regulation (EC) no 429/2008. ".
27. in section 21a para. 9 at the end of subparagraph (b)) a comma is replaced by a dot and the
subparagraph (c)) shall be deleted.
Article. (II)
Transitional provision
Proceedings initiated before the date of entry into force of this law, and to this
the day hedge contingent exposures are completed and the rights and obligations related to
assessed according to the Act No. 91/1996 Coll., on feedstuffs, as amended effective to
the effective date of this Act.
Article. (III)
The publication of the full text of the Act
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 91/1996 Coll., on feedstuffs, as is apparent from later laws.
Article. (IV)
The effectiveness of the
This Act shall take effect on the first day of the calendar month
following the date of its publication.
Němcová in r.
Klaus r.
Nečas in r.
