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Ordinance on the recognition of professional qualifications within the food hygiene 1)
Under section 38, paragraph 49, paragraph 1, and section 60, paragraph 3 of law No. 526 of 24. June 2005 on foods shall be fixed:
§ 1. The notice includes nationals from EU Member States, EEA countries, who have obtained professional qualifications in food hygiene in one or more EU Member States or EEA countries and nationals of countries with which the EU has entered into an agreement on the recognition of professional qualifications.
§ 2. In this notice applies the definitions laid down in European Parliament and Council Directive 2005/36/EC of 7. September 2005 on the recognition of professional qualifications.
(2). Food business for the purposes of this Ordinance by the food business covered by the Executive order on education in food hygiene.
(3). By processing of foodstuffs, for the purposes of this Ordinance an activity that alters the food.
§ 3. Food Agency could give a person covered by paragraph 1 to carry out the processing of food in the food business, if the person's qualifications may be recognised pursuant to the law on access to the exercise of certain professions in Denmark.
§ 4. Persons from countries referred to in paragraph 1 may be temporary and occasionally make treatment of foods in a food establishment without having to obtain permission under section 3.
(2). Before the activity commences, the person must submit written notification to the Food Agency.
(3). The notification is valid for one year and must be renewed for each subsequent year the service provider intends to carry out the processing of food in a food business in Denmark.
(4). The notification shall contain the following information:
1) full name of the notifier,
2) residence address of the notifier,
3) notifier's any address in Denmark.
(5). The notification shall at the time of the first notification, or if a renewal is talking about change in the information previously provided, accompanied by the following documents:
1) documentation for the service provider's nationality,
2) attestation from the competent authorities of the country of establishment of the service provider is legally established in the country to carry out treatment of foods in a food business
3) attestation from the competent authority of the country of establishment of the service provider has not received on a permanent or temporary injunction or similar to make treatment of foods in a food business
4) proof of professional qualifications.
§ 5. Food agency may check the professional qualifications of the service provider.
(2). If there is a substantial difference between the professional qualifications of the service provider and the training required pursuant to executive order on education in food hygiene and the difference may harm the public health, veterinary and Food Administration gives the provider the opportunity to take an aptitude test in order to prove that this has acquired the missing knowledge or competence.
§ 6. Persons providing services within the meaning of section 4, must inform the recipients of the benefits of
1) their professional title,
2) name and address of the competent supervisory authority of the country of establishment, if the food business operator is subject to an authorisation scheme,
3) any registration number or identification code in a public register of the country of establishment, and
4) any insurance covering professional liability.
§ 7. Food Agency shall keep a public register of persons who have been reported to the Food Agency, that they intend to temporarily or occasionally to carry out treatment of foods in a food business in Denmark.
(2). In the register recorded information about notifiers ' code names, addresses and professional title.
§ 8. Food Agency can for each execution of the service exchange necessary information with the competent authorities of the countries referred to in paragraph 1 whether or not the service provider is legally established, whether the service provider fair behaviour and whether or not the provider has been sentenced to professional disciplinary or criminal sanctions.
(2). Food Agency should exchange relevant information with the competent authorities of the countries referred to in paragraph 1 in respect of complaints by recipients of services. Food Agency will inform the recipient about the study's results.
§ 9. With fine punished anyone who violates section 4 (2), (3) or (5) or section 6.
§ 10. The notice shall enter into force on the 20. November 2008.
DVFA, the 17. November 2008, Anders Munk Jensen/Helene Vinten M Official notes 1) Ordinance contains provisions implementing parts of a European Parliament and Council Directive 2005/36/EC of 7. September 2005 on the recognition of professional qualifications (Official Journal No. L 255 page 22).
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