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Changing The Implementation Decrees Of The Law On Foodstuffs And Tobacco. Products

Original Language Title: změna prováděcí vyhlášky zákona o potravinách a tabák. výrobcích

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169/2009 Sb.



DECREE



of 5 April 2004. June 2009,



amending Decree No. 327/2001 Coll., implementing section 18 (a).

a), (d)), g), (h)), i) and (j)) Act No. 110/1997 Coll. on foodstuffs and

tobacco products and amending and supplementing certain related

laws, as amended, for meat, meat products, fish,

other aquatic animals and their products, eggs and products thereof, in

amended by Decree No 264/2003 Coll.



The Ministry of agriculture shall be determined according to § 18 para. 1 (b). a), g) and (h))

Act No. 110/1997 Coll. on foodstuffs and tobacco products and amending

and the addition of some related laws, as amended by Act No. 120/2008

Coll. (hereinafter the "Act"):



Article. (I)



This Decree was notified in accordance with the directive of the European Parliament

and Directive 98/34/EC of 22 December 2004. June 1998 on the procedure for the provision of information

in the field of technical standards and regulations and of rules on information

the company, as amended by Directive 98/48/EC.



Article. (II)



Decree No. 327/2001 Coll., implementing section 18 (a). a), (d)), g), (h)),

I) and (j)) Act No. 110/1997 Coll. on foodstuffs and tobacco products and

amending and supplementing certain related laws, as amended

the provisions for meat, meat products, fish, other aquatic life and

products, eggs and products thereof, as amended by Decree No 264/2003

Coll., is amended as follows:



1. paragraph 1 reads:



"§ 1



For the purposes of this Ordinance, means the



and cutting-out meat-cut), cutting out the parts of carcases

animals obtained by modifying the fresh meat intended to be put into circulation,



(b))-bones bones obtained from cutting of carcases,



c) blood-blood obtained during slaughter of animals for slaughter approved

technological procedure,



d) raw lard or raw with fat-fatty tissue obtained from

processing of carcasses of animals for slaughter or cutting meat,



e) beef-meat of a young bull, Bull, heifers, cows,



f) young bull-non-castrated male animals older than 12

months to 24 months including,



g) Bull-non-castrated males aged 24 months



h) [1]-castrated male bovine animals older than 12 months,



I) Heifer-neotelená females over 12 months old,



j) cow-females over 12 months, that is no longer

otelila,



to) pork-meat of pigs,



l) mutton-sheep meat,



m) lamb-meat lamb, aged not more than 12 months,



n) goat-meat goats



about) kůzlečím meat-meat goats at the age of not more than 12 months,



p) horse meat-meat from horses



q) hříběcím meat-meat foals in the age of no more than 18 months. ".



The existing footnote 1 to 4, including links to notes below

line deleted.



2. in article 2, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



3. section 3, including title and footnotes Nos. 5 to 7:



"§ 3



Labelling



(1) in addition to the data referred to in the Act and in particular the law of the ^ 5)

is marked



and meat by group name) of annex 1, table 1 and animal

the type species, regardless of gender, in accordance with paragraph 1 (b). (e)), k) to q); meat

other animals named species



(b) cutting out meat market) species referred to in the relevant technical

s ^ 6)



c) bottled poultry meat ^ 6a), cutting meat, meat, rabbit meat and

game single and packaged, offal, bones, blood, raw fat and packed minced

meat, if not frozen, the date of application,



d) game called deer, fallow deer, roe deer, Mouflon, wild boar, Hare,

pheasant, Partridge or mallard duck under the relevant animal

the species cut wild game meat and parts of the carcase; In addition, indicate whether

This is a game meat from farmed animals.



(2) Beef cutting meat wrapped, packed and unpacked when the putting into

circulation, in addition to the data referred to in paragraph 1 and in the directly applicable

the regulations of the European communities ^ 6b), marks the words "young bull",

"Bull", "portrait", "babes" or "cow".



(3) in the event that the beef is marked as meat tested on

bovine spongiform encephalopathy (BSE) ^ 6 c), must be part of this

indicate the name of the accredited laboratory that tests carried out, and

the number of the Protocol on the laboratory examination on spongiform encephalopathy

cattle (BSE).



(4) for bovine fresh meat exposed in advance with the information required in

written form placed visibly and legibly in a place where the meat is offered

for sale to the consumer.



(5) without prejudice to the requirements for negative weight deviations by

the directly applicable provisions of the European communities, shall be established

tolerable negative weight deviations from the declared weight for

packaged fresh meat ^ 7) and packaged fresh poultrymeat



and 10% for packaging) to 300 g



(b)) 6% for packages of up to 1 000 g



(c)) 4% for the Pack to 2 000 g



d) 2% for packages over 2 000 g.



5) Decree No 113/2005 Coll., about how the labelling of foodstuffs and tobacco

products, as amended.



6) DIN 57 6510 beef for the cutting.



CSN 57 6540 pork for the cutting.



CSN 57 6570 veal for the cutting.



6a) Council Regulation (EC) No 1234/2007 of 22 March. October 2007 establishing a

common organisation of agricultural markets and on specific provisions for

certain agricultural products (single CMO Regulation

markets).



Commission Regulation (EC) No 543/2008 of 16 June. June 2008 laying

down detailed rules for the application of Council Regulation (EC) No 1234/2007, as regards

the marketing standards for poultrymeat.



6B) European Parliament and Council Regulation (EC) No 1760/2000 of 17 December 1999.

July 2000 on the system for the identification and registration of bovine animals and regarding the labelling

beef and beef products and repealing Council Regulation (EC)

No 820/97.



Commission Regulation (EC) no 1825/2000 of 25 October 2000. August 2000 laying

detailed rules for the regulation of the European Parliament and of the Council (EC)

No 1760/2000, as regards the labelling of beef and beef products

meat.



Commission Regulation (EC) No 566/2008 of 18 July. June 2008 laying

down detailed rules for the application of Council Regulation (EC) No 1234/2007, as regards

on the marketing of the meat of bovine animals under the age of 12, or on the market.



6 c) 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.



7) Regulation (EC) No 853/2004 of 29 April 2004. April 2004 laying down

specific hygiene rules for food of animal origin. ".



4. in article 4, paragraphs 1, 2, 3, 7 and 8 shall be deleted.



Paragraphs 4 to 6 shall be renumbered 1 to 3.



5. In section 4, paragraph 4. 3, the word "worked" is replaced with "adjusted".



6. § 5, including the title and the existing footnote No 8 and 8a

repealed.



7. In article 6, paragraphs 1, 2, 5, 6 and 7, including footnote # 7a

shall be deleted.



Paragraphs 3 and 4 shall become paragraphs 1 and 2.



8. In section 6 (1). 1 the words "and under the conditions laid down by specific legal

Regulation of ^ 8b) "are deleted.



Footnote b is deleted.



9. in section 6 (1). 2, the words "paragraph 3" shall be replaced by the words "paragraph 1".



10. sections 7 and 8, including the headings are deleted.



11. in article 9, paragraph 1 shall be deleted.



Paragraphs 2 and 3 shall become paragraphs 1 and 2.



12. in section 10) including footnote No. 8a is inserted:



"and the meat to produce meat) products defined in the annex No. 4

tables 3 through 13-skeletal muscle meat of different animal species

mammals and birds intended for human consumption, which has not been declared

unfit for human consumption according to the directly applicable legislation

Of the European communities ^ 8a)



8A) Regulation of the European Parliament and of the Council (EC) No 854/2004 of 29 April 2004.

April 2004 laying down specific rules for the organisation of official

controls on products of animal origin intended for human consumption, in

as amended.



European Parliament and Council Regulation (EC) No 853/2004 of 29 April 2004. April

2004, laying down specific hygiene rules for food of

animal origin. ".



13. in paragraph 10 (b)), c) and (h)) shall be deleted.



Subparagraph (d)) to (g)) shall become point (b)) to (e)), and

letters i) to o) shall become letters (f)) to (l)).



14. in paragraph 10 (a). j), the words "under the conditions laid down by specific legal

Regulation 7a ^ ^) so as to guarantee commercial sterility ^ 9) "are deleted.



Footnote 9 is deleted.



15. in paragraph 10 (a). k), the words "under the conditions laid down by specific legal

^ Regulation 7a) "are deleted.



16. in paragraph 10 (a) at the end of text l) dot is replaced by a comma and

the following point (m)), which read as follows:



"m)-fat total fat content as determined by methods based on the

the principle of hydrolysis. ".



17. § 12 para. 1 in the initial part of the provisions, the word "packaged"

repealed.



18. in § 12 para. 4, the words "it is muscle pork hams" are replaced by the words

"pork".



19. In article 12, paragraph 5 shall be deleted.



Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.



20. in paragraph 12 the following new section 12a, which including the title reads as follows:



"§ 12a




Tolerable negative mass variance



(1) the tolerable negative weight deviations from the declared weight for

meat products shall be determined



and 10% for packaging) to 300 g



(b)) 6% for packages of up to 1 000 g



(c)) 4% for the Pack to 2 000 g



d) 2% for packages over 2 000 g.



(2) the tolerable negative weight deviations from the declared weight for

canned goods are determined



and 10% for packaging) to 350 g



(b)) 5% for packages over 350 g. ".



21. in article 13 the following paragraph 1, which reads as follows:



"(1) the meat for the manufacture of meat products defined in the annex No. 4

tables 3 through 13 is naturally contained in meat or adjacent tissues,

where the total fat and connective tissue does not exceed the value of the

laid down in annex 4 table 2. As part of the skeletal muscle is

consider also the diaphragm and masseter muscles. The use of this definition,

applies only to the marking of meat as an ingredient contained in meat product

and does not apply to the marking of meat by directly applicable regulations

Of the European communities ^ 8a). ".



Paragraphs 1 to 3 shall become paragraphs 2 to 4.



22. in article 14, paragraph 3 reads:



"(3) for the manufacture of the meat products referred to in annex 4 tables of 4 to

9 the application of one of the basic raw materials, or any combination

basic raw materials listed in annex No. 4 in tables 4 to 9. ".



23. in article 14, paragraphs 4, 5 and 8 shall be deleted.



Paragraphs 6 and 7 are renumbered as paragraphs 4 and 5.



24. under section 14 shall be added to § 14a, which including the title reads as follows:



"§ 14a



Other technology requirements



(1) canned goods must be heat treated in all parts of the temperature

whose effects correspond to the effects of temperature 121 ° c, operating for a period of

at least 10 minutes.



(2) the Semi-preserved must be heat treated in all parts of the temperature

whose effects correspond to the effects of temperature 100 ° c, for a period of

at least 10 minutes. "



25. in article 15, paragraph 1 reads:



"(1) Unpackaged cut meat products must be sold within 24

hours of slicing. For the consumer on the packaging must be

date and time of the cutting up. ".



26. in article 15, paragraph 2 shall be deleted.



Paragraphs 3 and 4 shall become paragraphs 2 and 3.



27. section 16 and 17, including the headings are deleted.



28. sections 3 and 4, including headings and footnotes # 11 to 14 are added:



"Section 3



FISHERY PRODUCTS AND OTHER AQUATIC ANIMALS



section 18



For the purposes of this Ordinance, means the



and other aquatic animals)-live bivalve molluscs, live echinoderms, live

tunicates and live marine gastropods, reptiles and frogs



(b)) other fresh aquatic animals-other aquatic animals

who were not preserved in any way, soleni, zmrazeni or

yet another way to handle, in addition to cooling.



§ 19



Labelling



(1) the business names of the fishery and other aquatic animals,

reported by directly applicable legislation of the European communities ^ 11) and

in accordance with the names set out in the relevant technical standard ^ 12).



(2) in polokonzerv and the products must be packed in hermetically sealed packaging

information about the specific storage conditions; the temperature indication

expressed as numeric values.



(3) the tolerable negative weight deviations from the declared weight shall

listed in annex 7.



section 20



Quality requirements



(1) in cases where the requirements on the quality does not provide directly applicable

regulations of the European communities ^ 11), apply the requirements referred to in

paragraphs 2 to 6.



(2) fresh fishery products and other aquatic animals



and must have a characteristic smell) for the animal genus or species

fishery products and other aquatic animals,



(b)) must have a consistency with the properties characteristic for

the structure of the muscle.



(3) processed fishery products, with the exception of processed products

fish smoked cold smoke, heat worked so that the

in all parts of the heat effect of the corresponding minimum reached

effect of temperature plus 70 ° c for 10 minutes, and the organoleptic characteristics

the properties correspond to the in the business name of the declared animal of the genus

and kind, free from foreign flavours and odours.



(4) the Salted fishery products and products thereof are made only from

fresh or frozen fishery products, eggs and sperm. Salt content

in heavily salted fishery products and products thereof is more than 14

%, in medium-salted, 10 to 14%, in slightly salted 4 to 10%.



(5) Sardelová pasta can contain a maximum of 25% salt.



(6) the Dried fishery products can be salted and unsalted, water content in the

These must be less than 18% and stored at a relative humidity of

Air 65 to 70%.



section 21



Putting into circulation



(1) in bulk, fishery products, other aquatic animals and products

they must not be put into circulation along with other food products

in a way, that might occur to the adversely affected

odors.



(2) preparations of fishery and other aquatic animals is

allowed to sell only packaged or wrapped.



Section 4



EGGS



section 22



(1) the code specifying the distinguishing number of the producer, which is placed on the

eggs by directly applicable legislation of the European communities ^ 13),

consists of



and that rearing techniques) shall be indicated by the appropriate code:



1. "1" for egg laying hens free range,



2. "2" for egg laying hens in the halls,



3. the "3" for egg laying hens in cages, or



4. the "0" for egg laying hens kept in accordance with the requirements of the organic

Agriculture ^ 14)



(b)) the State registration code



(c)) 4-digit alphanumeric code that represents a numeric folder

the registration number of the establishment.



(2) class A Eggs shall be kept at a temperature of, non-latching

plus no more than 18 ° c.



(3) Japanese quail Eggs in shell, suitable for human consumption, or

for processing shall be kept, stored and transported in a dry place, out of direct

the reach of the Sun, when a non-latching plus temperature does not exceed 18 ° c.



11) Council Regulation (EEC) no 2136/89 of 21 December 1989 on June 1989 on the fixing of

the common marketing standards for preserved sardines, as amended by

Commission Regulation (EC) no 1181/2003.



Council Regulation (EEC) no 1536/92 of 9 June. July 1992 laying

lays down common marketing standards for preserved and bonito

tuna.



Council Regulation (EC) no 2406/96 laying down common business standards

for certain fishery products, as last amended.



Council Regulation (EC) No 104/2000 on the common organisation of the market in products

fishery and aquaculture products.



Commission Regulation (EC) no 2065/2001 laying down detailed rules

Council Regulation (EC) No 104/2000 as regards informing consumers

for fishery and aquaculture products.



12) DIN 56 0634 fish and aquatic animals-terminology.



13) Article. 9 of Commission Regulation (EC) no 589/2008 of 23 December 2003. June 2008,

laying down detailed rules for the application of Council Regulation (EC) No 1234/2007

as regards the marketing standards for eggs.



14) Act No. 242/2000 Coll., on organic farming and on the amendment of the Act

No 368/1992 Coll., on administrative fees, as amended

regulations. ".



29. in annex 1, table 1:



"Table 1



The breakdown of the meat, with the exception of neděleného poultry carcases, and

cuts of poultry carcases



+----------------------------+----------------------------------+

| Species | Group |

+----------------------------+----------------------------------+

| | cutting out meat |

| +----------------------------------+

| | bones |

| +----------------------------------+

| | offal |

| +----------------------------------+

| | raw fat, raw fats |

| +----------------------------------+

| | blood |

| +----------------------------------+

| | minced meat |

| +----------------------------------+

| | Rabbit, rabbit meat |

| +----------------------------------+

| | meat of farmed game |

| +----------------------------------+

| | venison |

| +----------------------------------+

| | poultry meat |

+----------------------------+----------------------------------+.".



30. In annex 1, table 2 and 3 are deleted.



31. Annexes 2 and 3 are deleted.



32. in annex No 4 table 3:



"Table 3



The requirements on the composition and sensory requirements on ham



+--------------+----------------+-------------- +-----------------------------+-----------------------------------------+

| Group | Product | Class | Characteristics | Sensory requirements |

| | | quality | | |

+--------------+----------------+-------------- +-----------------------------+-----------------------------------------+

| heat | Ham | the highest | the content of pure muscle)-consistency | and in a coherent piece of solid, |

|-machined | | quality | protein-least 16.0% | coherent; slices are inseparable |

| product | | | by weight | on individual muscles; the sterilised |


| | | | | product in a can is enabled |

| | | | the use of fiber, starch | a variable amount of free jelly |

| | | | (including starch | |

| | | | the modified physical | b) appearance in nákroji-cut the product |

| | | | or enzymes), plant and | the color appropriate to the type of the used |

| | | | other animal | meat, individual muscles can be seen and |

| | | | the protein does not allow | associated small in progress |

| | +-------------- +-----------------------------+ svalovinou; unique smaller bearings |

| | | selection | the content of pure muscle | fat on the slice, also |

| | | | protein-least 13.0% | permitted smaller Chamber, filled |

| | | | by weight | for example. aspikem |

| | | | | |

| | | | the use of dietary fibre, starch | c) smell and taste-typical for the ham, |

| | | | (including starch | appropriately salty, delicious, product |

| | | | the modified physical | the bite in thin slices |

| | | | or enzymes), plant and | |

| | | | other animal | |

| | | | the protein does not allow | |

| | +-------------- +-----------------------------+ |

| | | standard | the content of pure muscle | |

| | | | protein-least 10.0% | |

| | | | by weight | |

+--------------+----------------+-------------- +-----------------------------+-----------------------------------------+.".



33. Annex 6 shall be deleted.



34. Annex No. 7:



' Annex # 7 to Decree No 327/2001 Sb.



Tolerable negative weight deviations from the declared weight of fish

products



+---------------+---------------------+-------------------+------------------+

| | Fresh products | sardelová pasta | canned food |

| | fishery, prepared | | |

| | fishery products | | |

| | processed products | | |

| | fishing, except | | |

| | sardelové pastes and | | |

| | canned goods | | |

+---------------+---------------------+-------------------+------------------+

| Permissible | package: | package: | package: |

| negative | up to 300 g-10% | in tube-a 10% | to 350 g-10% |

| mass | up to 1000 g-6% | to 350 g-10% | over 350 g-5% |

| deviations from | up to 2000 g-4% | over 350 g-5% | |

| declared | over 2000 g-2% | | |

| weight | | | |

+---------------+---------------------+-------------------+------------------+ .".



Article. (III)



Transitional provisions



1. the food produced and put into circulation before the date of effectiveness of this

the Decree shall be assessed in accordance with the existing legislation.



2. the labelling of the food in accordance with the existing legislation can be performed

not later than 1 year after the date of entry into force of this Decree.



Article. (IV)



The effectiveness of the



This Decree shall enter into force on 1 January 2000. July, 2009.



Minister:



Ing. Sebesta in r.