21/2004 Sb.
LAW
of 11 December 1997. December 2003,
amending Act No. 91/1996 Coll., on feedstuffs, as amended
regulations, and Act No. 147/2002 Coll., on the central control and test
the Institute of agriculture and amending certain related laws (the law on the
Central control and testing Institute of agriculture), as amended by law
No. 309/2002 Coll.
Parliament has passed the following Act of the United States:
PART THE FIRST
Feeding stuffs (Amendment) Act
Article. (I)
Act No. 91/1996 Coll., on feedstuffs, as amended by Act No. 247/2000 Coll.,
Act No. 147/2002 Coll. and Act No. 320/2002 Coll., is amended as follows:
1. § 1, including title and footnotes # 1), 1a) and (2)):
"§ 1
The subject of the edit
(1) this Act shall, in accordance with the law of the European Communities ^ 1)
requirements for the manufacture, import, use, packaging, labelling, transport and
putting into circulation of feed additives and premixtures, as well as the authority and
the scope of the institutions of professional supervision of compliance with the obligations
provided for by this Act, including the authority to impose penalties.
(2) this Act does not apply to feed, additives and premixtures,
that are intended for export and are safe. "^ 1a)
(3) this Act does not apply to veterinary medicinal products and medicinal products. ^ 2)
1) Council Directive 70/524/EEC of 23. November 1970 concerning additives
in animal feed, as amended.
Council Directive 96/51/EC of 23. July 1996, amending Directive
70/524/EEC of 23 November. November 1970 concerning additives in
feedingstuffs, as amended.
Council Directive 87/153/EEC of 16. February 1987, laying down the main
the principles for the assessment of additives in animal nutrition, as amended by
Commission Directive 2001/79/EC of 17. September 2001.
Council Directive 79/373/EEC of 2. April 1979 on the marketing of compound feedingstuffs
the market, as amended.
Council Directive 96/25/EC of 29 April 2004. April 1996 on the circulation of feed materials,
amending Directive 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and
repealing Directive 77/101/EEC.
Directive of the European Parliament and of the Council 2002/32/EC of 7 September 2004. May 2002
on undesirable substances in animal feed.
Council Directive 93/74/EEC of 13 September 1993. September 1993 on feedingstuffs intended for
particular nutritional purposes.
Commission Directive 94/39/EC of 25 March 2002. July 1994 laying down
the list of intended uses of animal feedingstuffs for particular nutritional purposes.
Council Directive 82/471/EEC of 30 June. June 1982 concerning certain products
used in animal nutrition.
Council Directive 95/53/EC of 25 March 2002. October 1995, laying down the principles
the organisation of official inspections in the field of animal nutrition.
European Parliament and Council Directive 2001/46/EC of 23 December 2003. July
2001 amending Council Directive 95/53/EC fixing the principles
organisation of official inspections in the field of animal nutrition and Council directive
70/524/EEC, 96/25/EC and 1999/29/EC on animal nutrition.
Council Directive 95/69/EC of 22 December 2004. December 1995 laying down the
conditions and arrangements for approving and registering certain production
operations and intermediaries operating in the animal feed sector and amending
Directive 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EC.
Commission Directive 98/51/EC of 9 December 1999. July 1998, which establishes the
some of the provisions implementing the Council Directive 95/69/EC laying down the
conditions and arrangements for approving and registering certain production
operations and intermediaries operating in the animal feed sector.
Council Directive 70/373/EEC of 20 December. July 1970 on the introduction of methods
methods of sampling and analysis for the official control of the community
feed.
First Commission Directive 76/371/EEC of 1 March. March 1976, which
lays down Community methods of sampling for the official control of feedingstuffs.
1A) Act No. 167/1999 Coll., on health care and on amendments to certain
related laws (health law), as amended.
2) Act No. 79/1997 Coll., on pharmaceuticals and on amendments and additions to some
related laws, as amended. ".
2. In paragraph 2 (f)):
"f) daily ration: the average total quantity of feedingstuffs, estimated at
the moisture content of 12%, an animal of a given species, age
category and yield, to ensure all of their needs. "
3. in paragraph 2 of the letter g) is added:
"(g)) the additive a substance or preparation used in the manufacture of animal feed
or in animal nutrition in order to
1. the positive influence properties of the feed or the properties of animal
products,
2. meet the requirements for animal nutrition or to improve animal
production, in particular by affecting the gastrointestinal and digestive (gastrointestinal)
flora or digestibility of feedingstuffs,
3. supplement to animal nutrition of the elements that contribute to the achievement of
specific nutritional goals or that provide specific requirements for
animal nutrition within a certain period,
4. prevent or mitigate harmful effects caused by animal feces,
5. improving the environment of the animals ".
4. in paragraph 2 of the letter i) and (j)):
"i) unwanted substance substance or product present on the surface of
or in products intended for animal feed and which represent the
the potential risk to the health of animals, humans or the environment,
or may have adverse impact on livestock production, with the exception of
pathogenic agents,
j) prohibited substance or prohibited substance or product is the product that
inherently negatively affect the health status of the animal or
the wholesomeness of the raw materials or foodstuffs of animal origin,
which may not be in the manufacture of feedingstuffs or in animal nutrition
used ".
5. in paragraph 2 of the letter l) up with):
"l) conditionally applicable food additive or premix
a feed additive or premixture, which does not meet any of the requirements
provided for in this Act or legislation issued on his
the basis or rules of the European communities, and that this cannot be
the reason for the original purpose, provided that such feed,
the additive or premixture retained its wholesomeness,
m) znehodnoceným feed additive premix or feed,
additive or premixture ineligible for use for animal feed,
n) farmed animal: an animal that is usually kept by man for
economic purpose or fed to the need for human nutrition, and fur
animal,
o) pet animal: an animal that is kept, is not
used by and is not farmed animal, with the exception of fur animals
(hereinafter referred to as "pets"),
p) contains a protein feed feed material that represents the direct
or indirect protein sources and was produced with a special technology
the procedure,
r) particular nutritional purpose ensure the specific
physiological nutritional effect-physiological requirements or certain categories of economic
domestic animal whose digestion, absorption or metabolism could
be temporarily or irreversibly impaired and therefore can benefit from
feed intake, which corresponds to the State of the
with) putting into circulation the possession, storage, sale of the feed, or
the additive or premixture for sale, or offer to
sale or any other way of their transfer to a third party for a consideration
or free of charge, ".
6. in paragraph 2 of the letter u) to w):
"with the kind of production the production of feedingstuffs), production of additives, production
premixtures, the production of feedingstuffs with the use of additives or the production of feedingstuffs with
the use of premixtures or feedingstuffs production with the use of supplementary feedingstuffs,
in) by sampling the sampling for the official control of feedingstuffs, additional
substances, premixtures and undesirable substances procedure laid down by decree with
the exception of pesticide residues and microorganisms (hereinafter referred to as "sampling"),
w) production site operating unit, which produces or processes
feed additives or premixtures ".
7. in paragraph 2 of the letter bb):
"cross-contamination by bb) occurrence of two or more additives,
undesirable substances or the presence of prohibited substances or products,
that have contradictory or mutually inhibitory effects, adverse or
toxic effects are contained in the feed in an amount greater than the limit
of determination methods for their detection or determined value
tolerance for their occurrence ".
8. In paragraph 2, the following letters cc) to oo) are added:
"cc) supervised the official review involving supervision, tours,
verification, monitoring, sampling and analysis carried out by the authority of the vocational
surveillance,
DD) manufacturer of the legal or natural person who manufactures or processes
feed additives or premixtures, has these as a supplier in the possession of
before their introduction into circulation or circulation of these lists, including persons
operating the mobile feed mill
EE) primary agricultural production livestock, cultivation
of agricultural products including harvesting, production of milk, eggs and, where appropriate,
production of livestock before slaughter,
FF) stage production of any stage of production, storage,
transport, delivery, distribution, sale or import of feed products
Gg) the importer of the legal or natural person, who imports feedingstuffs,
additives or premixtures from third countries,
HH) traceability of origin identify the origin of the feed, or cloth that is
or it could be processed into feed, and in all stages of production,
processing and delivery,
(ii) the probability of risk) an adverse health effect and the severity of the
This effect as a result of the real existence of danger,
JJ) the dangers of biological, chemical or physical agents in feed
products or the status of the feed products which may adversely affect the
health,
KK) a Contracting State means a State which is in a contractual relationship with States
Of the European communities,
LL) a third country that is not in a contractual relationship with the States of the European
community or a part of the European Community,
mm) documentary verification of the documents accompanying a product or
any other information relating to the product,
nn) by checking the identity verification of conformity between the document, marking, and
the product made by Visual inspection,
OO) physical check check of the product itself, which in the case of
appropriate, sampling and laboratory testing. "
9. in section 3, paragraph 1, including the title and footnote 2a) reads as follows:
"The basic provisions
§ 3
(1) the production, placing on the market and use of feed additives and
premixtures content must be maintained, and provided for the purpose of the use of additives
and certain protein feedingstuffs and the content and limits of undesirable substances in order to
to avoid damage to the health of animals and to ensure the health
^ 2a) and safety has not been negatively influenced by the quality of animal
products intended for human consumption.
2A) § 3 (1). 1 (b). o) Act No. 167/1999 Coll., as amended
regulations. ".
10. In section 3, paragraph 3. 6 (b)):
"(b)), feed materials, feed additives and premixtures containing
undesirable substances, if you exceed the limits set out by Decree, ".
11. in section 3, paragraph 3. 9, after the words "may be" the words "for use
in these mixtures ".
12. in section 3, paragraphs 11 and 12, including footnote No. 3a) are added:
"(11) the provisions of paragraph 10 shall also apply to the person producing the feed
for the need for animal primary production, which meet the conditions for the production
feedingstuffs established by this Act. Supplementary feedingstuffs which contain
additives referred to in paragraph 9 shall be added to the feed in
the share, which provides for the Ministry of agriculture (hereinafter referred to as
"the Ministry") by Decree.
(12) the feed or additives which contain genetically modified
organisms, or which have been acquired through them, may only be
used for the manufacture of feedingstuffs, including the production of the disposal of animal
primary production, or for putting into circulation, and only under the conditions
established by a special law. ^ 3a)
3A) Law No 153/2000 Coll., on the use of genetically modified
organisms and products and amending certain related laws. ".
13. in section 3, paragraph 3. 13, the words "the putting into circulation of animal feed containing
undesirable substances and products, "shall be deleted and the words" Ministry of
Agriculture (hereinafter referred to as "the Ministry") "shall be replaced by the word
"the Ministry".
14. in paragraph 3, the following new paragraph 3a and 3b, which include footnotes
No. 3b) and 3 c):
' section 3a
(1) animal feedingstuffs, feed materials, and all other substances and products
additives and premixtures (' feed products ") designed to nourish
to ensure the production of food animals may not pose a risk to
human or animal health, the environment and animal products obtained
of these animals must be safe and fit for human consumption.
(2) a natural or legal person who manufactures, imports, puts into circulation,
or used for feed products, including animal feed for the need for animal
primary production, must at all stages of its activities to ensure that the feed
products comply with the requirements laid down by the law and its implementing legislation
regulations.
(3) the person referred to in paragraph 2 shall ensure accurate traceability
origin and enabling the monitoring of the feeding of the product that has been or
should be incorporated into the feed. This person must be processed by the way and
workflow, which enables it to identify the persons who provide
or that this person has supplied their product or products. This information
upon request, the authority shall provide the professional supervision, which is the Central
supervising and testing in agriculture ^ 3b) (hereinafter referred to as "the Institute").
(4) If a person referred to in paragraph 2 or has a reasonable suspicion if it finds
that feed product does not meet the requirements laid down pursuant to paragraph 1 of the law
and its implementing legislation, the Institute informs and makes
immediate action to prevent further spread of the dangers to health
animals, people and the environment, namely suspended further production,
stops the continued placing product into circulation of feed shall ensure the
storage, where appropriate, carry out its withdrawal from circulation.
(5) a person referred to in paragraph 2 shall inform about the measures taken by the
paragraph 4 of the constitutions and at the same time effectively and accurately inform users that
She added feed products, about the reason for the suspension of the supply of these feed
products. In the case of buying products from them requests that
supplying, if other measures do not ensure sufficient protection of health
animals, humans and the environment. In the provision of the activities referred to
in paragraphs 4 and 5 of the person referred to in paragraph 2 shall cooperate with the Institute for
to prevent the risks to which she would have supplied feed product could
occur, in particular by providing all the details that allow its precise
traceability and tracking.
(6) the Institute shall immediately
and verifies the information, received)
(b) examine the nature of the danger), if any, level of undesirable substances in the fence
the product, their possible origin or cause of danger, where applicable,
shall issue a decision on the measures referred to in section 18.
(7) on the basis of the extent of the risk, the Institute shall examine the next section
lot or shipment of the same kind or of the designation. When they confirm
the danger, the Institute shall proceed under section 16b and 18.
(8) the obligations laid down in paragraphs 4 and 5 in the case of a finding that the
feeding the product does not meet the requirements referred to in paragraph 1 shall also apply to
operator of the laboratories referred to in § 17 paragraph 2. 2 who are the
analysis.
section 3b
Requirements on the safety of feed products
(1) the feed products must not be put into circulation and may not be used
for the feeding of farm animals, if they are not in accordance with the relevant
^ Regulation 3 c) safe.
(2) the requirements for the assessment of the safety of feed products lays down the
special legislation. ^ 3 c)
(3) feed products from third countries may only be put into circulation and may
be used only if they are wholesome, unadulterated and negotiable
quality, and so when the right of use shall not constitute any danger to
the health of animals, people and the environment, or do not have a detrimental effect
on animal production.
3B) Act No. 147/2002 Coll., on the central control and testing Institute
Agriculture and amending certain related laws (the law on the Central
inspection and test Institute of agriculture), as amended by Act No. 309/2002
SB.
3 c) European Parliament and Council Regulation (EC) No 178/2002 laying
laying down the General principles and requirements of food law, establishing the
establishes the European food safety authority and laying down
the procedures relating to food safety. ".
15. in section 4, paragraph 1, including footnote # 4):
"(1) feed, feed additives and premixtures intended for marketing may
produce manufacturers, who are entrepreneurs ^ 4) and are registered under section
8. Registration obligation shall also apply to the persons referred to in § 3 (1).
11, to persons engaged in the production of mobile device manufactures feed on
the vendor referred to in paragraph 4, to the importer of feed additives or
premixtures and the distributors pursuant to section 8a. Entrepreneurs who produce
feed with the use of supplementary feed and use them for a need
animal primary production, but do not specify them in circulation, they are required to report
This fact, in writing, of the Institute, including the respective production site
under section 8b.
4) § 2 (2). 2 of the Act No. 513/1991 Coll., the commercial code, as amended by
amended. ".
16. in section 4, paragraph 4. 2, the comma after the words "feed" is replaced by a dot
and the words "if not obtained from genetically modified organisms."
shall be deleted.
17. in section 4, paragraph 4. 3 (c)):
"c) compound feedingstuffs with the use of premixtures containing growth promoters,
antikokcidik or chemotherapeutic agents, vitamin A, vitamin D, copper or
Selenium, ".
18. in section 4, paragraph 6 shall be deleted.
Paragraphs 7 to 12 are renumbered 6 to 11.
19. in section 4, paragraph 4. 7, the word "custom" shall be deleted and the word "need"
the words "agricultural primary production.".
20. in § 4 paragraph 9 to 11, including footnote No. 5b) are added:
"(9) to the producer of the additives, premixtures and feedingstuffs with the use of supplementary
substances or premixtures or feedingstuffs with the use of supplementary feedingstuffs shall be obliged to
Remove sample from each lot produced and to ensure its preservation for a period
its minimum durability or the warranty period in addition to the samples
perishable produce.
(10) may be put into circulation only feed, additives and
premixes that are wholesome, unadulterated, negotiable
quality, not debased, contain banned substances and products and
are not marked with the information untrue or misleading. May not constitute a
risk to the health of animals, people and the environment. These provisions shall
also apply to feed intended for the feeding of wild game ^ 5b) and
feed put into circulation for that purpose.
(11) the additive, their specification by species and certain
protein allowed for feed production and placing on the market, the conditions for
their use and processing into compound feedingstuffs, feed requirements
the minimum requirements for raw materials and compound feedingstuffs and their limits
composition requirements for the manufacture of the premixture and the use of porters, special purpose
nutrition and requirements, supplier requirements and production sites
taking into account the type of production and products and the use of additives,
certain protein feedingstuffs and the method of storage of samples for producers
the Ministry shall determine by Decree.
5B) Act No 449/2001 Coll., on game management, as amended
regulations. ".
21. in section 5, the dot at the end of paragraph 2 is replaced by a comma and the following
subparagraph (c)), which read as follows:
"(c)) by the manufacturer indicating the feed into circulation or the person producing for
the need for animal primary production or operator of the mobile plant feed
in the manufacture of compound feedingstuffs using feed additives
1. type and number of supplementary feedingstuffs and feed materials,
including its own resources,
2. the name and residence or business name or the name and address of the establishment
manufacturer, importer, supplier or recipient of supplementary feed and feed
raw materials used for the production of complete feedingstuffs. ".
22. in paragraph 5, the dot at the end of paragraph 3 is replaced by a comma and the following
the words "the manufacturer of feedingstuffs feedingstuffs into circulation, indicating the person producing for
the need for animal primary production and to operators of mobile stations
feedingstuffs who manufacture feedingstuffs with the use of supplementary feed. ".
23. § 5 paragraph 5 is added:
"(5) the manufacturer, importer, supplier and distributor or the person producing
feed for need for animal primary production or mobile operator
production of animal feed, which has held its own or has imported feed, premix
or the additive with the upper tier levels of undesirable substances and
products, is obliged to keep separate registers. ".
24. in § 5 para. 6, the reference to footnote 5) is replaced by the
referring to footnote No. 5 c), to read as follows:
"5 c) § 49 paragraph 1. 1 (b). j) Act No. 167/1999 Coll., as amended
regulations. ".
25. In section 6 (1). 1 the words "and feed the upper tier of undesirable
substances ' shall be deleted.
26. in section 6 (1). 2, after the words "issued" is inserted after the word "Institute" and the words
"The Central Institute for supervising and testing in agriculture ^ 6) (hereinafter referred to as" the Institute ")"
including the footnote 6) are repealed.
27. in section 7 (2). 2, after the words "other substances", the words "or
products ", after the words" to the introduction of additional "shall be inserted the words" or
the banned "and after the word" substances "shall be inserted the words" or products ".
28. in § 8 para. 2, after the word "premixture" comma replaces a conjunction "and" and
the words "and feed the upper tier levels of undesirable substances and products '
shall be deleted.
29. in section 8 paragraph 7 is added:
"(7) an applicant who wishes to manufacture, import or place into circulation of feed
raw materials or products obtained or modified by using the new
technological processes or which do not yet have the character of a feed, and
additives intended for silage, may be registered after
positive result of carried out biological testing. If you cannot stop
biological testing within 3 years from the submission of application for registration,
the deadline for their biological testing on the proposal of the applicant
the Ministry decision. ".
30. In article 8, paragraph 8 shall be deleted.
Paragraphs 9 to 13 are referred to as paragraphs 8 to 12.
31. in section 8, paragraphs 8 to 10, including the footnotes # 8a) and 9) are added:
"(8) biological testing for registration for control carried out by the Institute. The cost of
for biological testing shall be borne by the applicant, which is obliged to deliver free of charge
the Institute of feed material, product or additive designed for
silage in the required quantity to perform biological testing.
Biological testing conducted on the animal experiment shall be carried out
under the terms of special legislation. ^ 8a)
(9) the Institute may be waived on the basis of the consent of the State Veterinary Administration ^ 9)
from biological testing of the feed material or product, or additional
substances intended for silage are subject to biological testing in
cases where the applicant shall submit together with the application for marketing authorization results
biological testing required by this law. The Institute may require the
other required special expertise.
(10) the Institute processes of biological testing summary
documentation, which is a condition for granting marketing authorisation
of the applicant in accordance with the provisions of paragraph 7. An integral part of the comprehensive
documentation for the additives make up the appropriate monograph.
8A) Act No 246/1992 Coll., on the protection of animals against cruelty, as amended by
amended.
9) § 48 (b). I) Act No. 167/1999 Coll., as amended
regulations. ".
32. In paragraph 8, the dot at the end of paragraph 11 is deleted and the following words
"or the cancellation of the registration.".
33. In paragraph to section 8a. 1 and 3, the words "(a). a) and b) "shall be inserted after the words
"grains and oilseeds or obtained through genetically
GMOs or containing genetically modified
organisms, "shall be deleted.
34. In paragraph 4 of section 8a is inserted:
"(4) in the case of changes to the categories of additives, premixtures or feedingstuffs
referred to in paragraph 1 and put into circulation, and other changes to data
referred to in the application for registration, the distributor shall request a change
registration. If data are affected by the change request, part of the
issued a marketing authorisation, it shall issue a decision on the change Institute
registration. ".
35. in section 8a, the following new section 8b is added:
"§ 8b
Manufacturing plants
(1) the entrepreneurs who pursuant to § 4 paragraph 2. 1 sentence last produce feedingstuffs
with the use of supplementary feedingstuffs which are used for the need for animal
primary production, without the circulation must apply to the Department for registration of the
such a production plant.
(2) the application for registration pursuant to paragraph 1 is written
Declaration by the applicant stating that shall ensure the maintenance of the documentation and registration
feed with the use of supplementary feedingstuffs pursuant to § 5 para. 2 (a). (c)).
(3) the Institute shall issue a registration of the operation of the decision. Part of the
the decision is the registration number of the operation and address businessmen.
(4) in the event of changes in the data referred to in the application for registration in accordance with
paragraph 1 entrepreneur requests a change in the decision on the record.
(5) the Institute shall issue a decision on the cancellation of registration of the production site
the entrepreneur, if it finds a serious breach of the obligations laid down in
paragraph 2, section 3, paragraph 3. 2, section 3, paragraph 3. 6 (a). a) and b), and in section 18. On
the written request of the entrepreneur Institute decision cancels the registration.
(6) the requirements for an application for registration pursuant to paragraph 1 of the
operation of the entrepreneur provides the Ministry decree. ".
36. In section 9, paragraph 2, the following paragraph 3 is added:
"(3) the extension of the registration is not necessary in the case of the supply of the Member
States of the European Union. ".
Paragraphs 3 to 5 shall become paragraphs 4 to 6.
37. in the heading of section 10 reads as follows: "the publication of the registration of manufacturers, suppliers,
distributors and importers. "
38. In section 10, paragraph 1. 1, after the word "suppliers" shall be inserted the word "importer".
39. In paragraph 11 (1) 1, point (d)) and i) are deleted.
Subparagraph e) to (j)) shall become points (d) to (h)).)
40. In paragraph 11 (1) 5, after the words "into circulation", the words "importers
or ".
41. In § 14 para. 1 (b)):
"(b) cross-contamination or pollution) undesirable micro-organisms and
fungi and their unwanted pomnožováním, or contamination by undesirable
additives or forbidden substances and products ".
42. In § 14 para. 2, after the words "upper tier content" Word
"some" is deleted and the words "undesirable substances", the words "and
products ".
43. In paragraph 15 of the present text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) feed containing feed materials derived from mammalian tissues or
other feed materials of animal origin, the feeding of ruminants
It is prohibited, must be transported in a manner that prevents contamination
or cross-contamination of feedingstuffs transported other.
(3) details for the transport of feedingstuffs as referred to in paragraph 2 shall set out
Ministry decree. ".
44. In article 16, paragraph 1 reads:
"(1) the Institute oversees compliance with the rights and obligations provided for in this
by law, its implementing legislation and regulations of the European
the community in the sector of feedingstuffs and animal nutrition; in particular supervises the
compliance with these regulations set out the conditions
and) in production, imports, transportation or putting into circulation of feed
additives or premixtures of producers, importers, suppliers and
distributors,
(b)) in the use of feed additives or premixtures of other people. ".
45. In article 16, paragraph 7, the following paragraph 8 is added:
"(8) if the Institute its own investigation or on the basis of the communication law
or natural person finds that occurred or occurring fact
eligible endanger the safety of some parts of the product feed or feed
product (§ 3a paragraph 3 to 7), and shall ensure that the information necessary for the
to trace the origin of the product, this information verifies, or stores
the special measures referred to in section 18, in order to prevent the use of the product in the nutrition
the animals; the Institute shall examine the nature of those facts at the same time, inspects the contents of
of undesirable substances, their origin, or risk other risks.
If the investigation confirms the occurrence of the fact eligible compromise
the safety of other parts of the lot or shipment of feed product, Institute of
the measures and procedures referred to in § 3a paragraph 2. 6 and 7 and shall ensure the coordination
between the competent supervisory authorities. For these purposes, makes use of the system
a quick warning. ".
Paragraphs 8 to 11 shall become paragraphs 9 to 12.
46. the following section is inserted after section 16a, 16b, which including the title reads as follows:
"section 16b
Rapid alert system
(1) the Institute when the risk of risk of feeding product that cannot
be in accordance with § 3a paragraph 2. 1 considered safe or safe (§ 3a paragraph 2.
1), uses the rapid alert system, which includes the production,
the use, placing on the market and import of feed products. The Institute is for these
the area of the contact point, and for this purpose, processes
contingency operational plans, which lays down the measures to be
the finding that feeding a product intended for animal nutrition is not safe and
represents a risk to the health of animals, humans or the environment, shall determine
powers, responsibilities and methods of relaying information from within the Institute.
(2) the incidence of feeding product that cannot be under section 3b of the paragraph. 1
considered safe, is obliged to notify without delay to the National Institute
to the focal point.
(3) the Government shall determine by regulation the method and how to pass information in a
the rapid alert system, including the coordination and the definition of participation
the ministries and the national supervisory authorities.
(4) the Ministry shall notify the Commission and the other Member States of the European Union
the incidence of feeding of the product for which it has been confirmed that is not safe, and
at the same time shall communicate the measures taken to avoid risks to health
animals, humans and the environment.
(5) the Ministry shall communicate to the Commission the list of authorized and registered
manufacturing operations of suppliers, distributors and importers in accordance with § 10.
(6) the Ministry shall communicate to the Commission a list of the laboratories carrying out analyses
for the official control of feedingstuffs. '.
47. section 19 including title and footnote No 11) and (12)):
"§ 19
The fine
(1) the manufacturer, importer, supplier or distributor who
and, imports or produces) puts into circulation of feed additives and premixtures
with the data that are misleading or untrue,
b) produces, imports or puts into circulation of feed additives or
premixtures, which have not been authorised or do not meet the requirements set out in § 3
and 4 and in section 11 to 15,
You can save a fine up to $ 250 000.
(2) the entrepreneurs that feed, additives and premixtures used and
does not comply with the conditions for their use in accordance with § 11 and compromised health
animal or human, can impose a fine to a maximum of $ 250 000.
(3) the entrepreneurs that is not registered under this Act and manufactures,
imports or puts into circulation of feed additives and premixtures which
manufacture or import or put into circulation shall be subject to this law, can be
impose a fine to a maximum of 750 000.
(4) the entrepreneurs who violates the obligation to report the manufacturing operation for
the production of animal feed using complementary feedingstuffs used for the need for
animal primary production, which does not refer to the circulation according to § 4, you can save
a fine up to $ 250 000.
(5) the manufacturer, importer, distributor or the person producing
feed for need for animal primary production mentions into circulation, which
fails to comply with an obligation under section 3a, can impose a fine to a maximum of 500 000 CZK.
(6) the manufacturer, importer, distributor or supplier who fails to
an obligation imposed special measures pursuant to § 18, can impose a fine of up to
above 750 000.
(7) any failure by a manufacturer, importer, supplier, distributor or other person
the obligation, laid down for the safety of feed products, intended for
animal nutrition to ensure food production or its business or
failure to act will cause danger to human or animal health, animal life
environment or endanger the safety and suitability of animal products
derived from such animals for human use, or fail to comply with
information or other related obligation by law
or regulation of the European communities, that person can save the Institute
a fine up to Czk 500 000.
(8) in determining the fine, account shall be taken of the seriousness, the way time
the duration and consequences of the infringement. The fine can be producers, importers,
the supplier or distributor who feed, additives and premixtures
produced, imported and puts into circulation, save to one year from the date on which the
the Institute has found a breach of duty, but within 3 years from the date on which the
breach of an obligation has occurred.
(9) in Fines levied and collected by the Institute. The yield of fines is the income of the State
the budget of the United States. The fine exacted territorial financial institution. ^ 11) when
storage, collection and enforcement of the process according to special legal
legislation. ^ 12)
11) Law No 530/1990 Coll. on territorial tax authorities, as amended by
amended.
12) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended. ".
Article II
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. (III)
Transitional provisions
1. Entrepreneurs who produce feedingstuffs with the use of supplementary feed and
they are used for the need for animal primary production, but do not expose them to
circulation, are required to report this fact to the institution under section 8b of law No.
91/1996 Coll., as amended by this Act, not later than 6 months from the date of
entry into force of this Act.
2. The provisions of § 3a of Act No. 91/1996 Coll., as amended by this Act,
shall expire on the date of the Treaty of accession of the Czech Republic
The European Union enters into force.
PART TWO
Amendment of the Act on the central control and testing Institute of agricultural
Article IV
Law No. 147/2002 Coll., on the central control and testing Institute
Agriculture and amending certain related laws (the law on the Central
inspection and test Institute of agriculture), as amended by Act No. 309/2002
Coll., is amended as follows:
1. In article 3, paragraph 3. 1 letter e) is added:
"e) in the issue of expert opinions, standpoints, or certificates at the request of
organizational units of the State or of natural or legal persons.
If required by the processing and release of expert assessment, opinion or
certificate undergo chemical, biochemical, microbiological or other
the test shall be borne by the costs of its conduct by the applicant; the method of payment and other
details of its implementation agree with the applicant Institute. Organizational
the issue of expert assessment, opinion or certificate
This is not paid, ".
2. in section 3, paragraphs 2 and 3 shall be added:
"(2) in addition to the activities referred to in paragraph 1, the Institute carried out
chemical, biochemical, microbiological, biological and other tests, and it
on the basis of the application of the organizational units of the State or on request
physical or legal persons.
(3) the test referred to in paragraph 2 on-demand physical or legal persons
The Institute will carry out, provided that this will not be entitled to any
the reference laboratory referred to in § 5 para. 1. ".
3. section 5, including the title and footnote 7)-9b):
"§ 5
Permission granted by the Institute for the performance of professional activities and national
reference laboratories
(1) the test acts in biological testing of feed materials, compound
products or additives for silage and laboratory
quality test of feed additives and premixtures according to a special
law, ^ 7) samples of soils and their chemical analysis for the purposes of
agrochemického testing of agricultural land under the special law, ^ 8)
trial operations during chemical analysis of fertilizers, auxiliary of soil
auxiliary substances, herbal preparations, substrates and manure
by a special Act, ^ 9) training and testing operations during recognition
scientific or propagating material, and when you register
the variety under a special law ^ 9a) and training and test tasks
labelling and certification, hop by a special Act may, in addition to the ^ 9b)
The Institute carried out by natural or legal persons, that have to exercise
permission granted by the Institute of professional activities.
(2) the conditions under which the authorization to pursue professional activities
referred to in paragraph 1, to grant, modify, withdraw or cancel, modify
special laws. ^ 7) ^ 8) ^ 9) ^ 9a) ^ 9b)
(3) for the purpose of deepening coordination and unification of the laboratory,
diagnostic and other test activities are laboratory Institute of national
with the scope of the activities of the reference laboratory referred to in paragraph 1.
(4) the Ministry approves the draft Constitution further national reference
laboratory for training and test tasks that the Institute does not.
The approval of the Ministry of the initiative of the Institute may withdraw if the national
the laboratory does not operate properly or if the
have changed the conditions under which the authorisation.
(5) the Ministry shall appoint, upon a proposal of the Institute the person entitled to exercise
the professional activities referred to in paragraph 1 to the extent reference laboratories
permissions.
(6) the list of reference laboratories referred to in paragraph 5 shall be published in the
Journal of the Central control and testing Institute of agricultural.
(7) the Ministry of the implementing regulation lays down the requirements for the
material and personnel facilities of national reference laboratories and
reference laboratories and on focus, organization, and methods of their
activity.
7) section 17 of Act No. 91/1996 Coll., as amended.
8) section 10 of Act No. 157/1998 Coll., as amended.
9) § 4 of law No 157/1998 Coll., as amended.
Decree No 277/1998 Coll., on chemical analysis of the samples and subscriptions
fertilizers, as amended by Decree No. 475/2000 Sb.
9A) sections 7 and 30 of Act No. 218/2003 Coll., on marketing of seeds and plants
cultivated plants and amending some laws (law on the circulation of the seed and
seed).
9B) Act No. 97/1996 Coll., as amended. ".
4. In paragraph 6, the following paragraph 5 is added:
"(5) the provisions of paragraphs 1 to 4 shall apply, mutatis mutandis, to the activities referred to in
§ 3 para. 1 (b). (e)) and section 3 (2). 2 and 3, where the Institute for physical
or legal persons. ".
PART THREE
The EFFECTIVENESS of the
Article. In
This Act shall take effect on the date of its publication, with the exception of the provisions
article. I, section 8, with regard to paragraph 2 (a). LL), point 14, as regards section 3b,
point 36 in terms of § 9 para. 3, paragraph 46, in terms of section 16b, para. 2 to
6, and section 47 as regards § 7 para. 7, which will become effective on the date of
the Treaty of accession of the Czech Republic to the European Union in
force.
Fort Worth Star Telegram in r.
Klaus r.
Spidla in r.
