Decree On Food Control And Publication Of Inspection Results

Original Language Title: Bekendtgørelse om fødevarekontrol og offentliggørelse af kontrolresultater

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Overview (table of contents) Chapter 1 Chapter 2 the publication of food control control results Chapter 3 General provisions Chapter 4 Penalty provisions Chapter 5 entry into force, etc.

Annex 1



Annex 2



Annex 3



Annex 4



Annex 5



Annex 6 The full text of the Ordinance on food control and publication of inspection results

Pursuant to § 50, § 56 and section 60, paragraph 3, of law No. 526 of 24. June 2005 on food products, as amended by Act No. 110 by 26. February 2008, section 1a of the law on seeds, potatoes and plants, see. lovbekendtgørelse nr. 195 of 12. March 2009, Section 4a of the law on the administration of the European Community regulations concerning schemes under the common agricultural policy is financed by the European agricultural guarantee fund, etc. (support Act), see. lovbekendtgørelse nr. 445 of 23. April 2010, section 17 of økologiloven, see. lovbekendtgørelse nr. 196, 12. March 2009, and under the authority of the Minister of food, agriculture and fisheries, fixed: Chapter 1 Food control section 1. Supervisory control of undertakings which are authorised or registered pursuant to § 3, paragraph 2, article 5, paragraph 2, sections 7, 8, 11, 12 or 15, section 17, paragraph 2, or section 20 of the Ordinance for approval and registration of food business operators, etc. (the approval notice) is based on the annex 1-4 provided for standard frequencies for the number of annual ordinary inspection visits.

(2). For companies, which, according to annex 1 – 4 has a default rate of more than one annual ordinary inspection visits, the Food Agency reduce the number of annual ordinary inspection visits, if the interests of the professional priorities in each year makes this necessary. There must, however, be carried out, as a minimum, one annual ordinary inspection visits to these companies.

(3). In enterprises with standard frequency "as needed" carried out regular inspections in connection with registration. The supervisory authorities may also decide to carry out inspections in those establishments, if the individual business circumstances giving rise to this, or there are other technical grounds.

(4). Supervisors can as part of the control campaigns, sampling and similar implement additional ordinary inspection visits to the companies covered by paragraph 1.

(5). Supervisory authorities must carry out an additional inspection visits to companies, which get annotations (rebukes, injunction, prohibition, fine present or police reviews) for breaches of the food law. The supervisory authorities may also decide to impose a company two or more extra control visits, if it is deemed necessary to ensure compliance with food law.

(6). The supervisory authority may, in exceptional cases, failing to implement additional verification visits, see. (5) if it considers that compliance with food legislation more appropriate can be controlled in other ways.

§ 2. In connection with the registration of primary producers selling directly to consumers, without prejudice. section 5, paragraph 2, in the approval notice, authorization or registration of retail establishments, with the exception of retail with wholesale businesses, see. sections 8, 12 and 13 of the approval notice, as well as registration of manufacturers of materials and objects with direct sale to the consumer, in accordance with article 3. section 15 of the approval notice, take food region on the basis of the company's decision on the classification of the company activities in one of the risk groups mentioned in annex 1.

(2). In connection with the authorization or registration of wholesale companies, see. § 3, paragraph 2, and articles 7 and 11 of the approval notice, authorization or registration of retail with wholesale businesses, see. sections 8 and 12 of the approval notice, registration of companies which introduce, manufacture or wholesale sale of certain materials and articles, see. section 15 of the approval notice, as well as the registration of businesses with mobile installations and the like, which are used for slaughter or dressing in connection with aid to primary producers home slaughter, see. section 20 of the approval notice, take the supervisory authority on the basis of the company's decision on the classification of the company activities in one of the risk groups mentioned in annex 3.

(3). The supervisory authority may subsequently decide to change a business classification in risk group, if changes in the enterprise, see. section 26 of the notice, approval or any other relevant facts giving rise to this.

(4). . For wholesalers and retail with wholesale businesses, see. (2) with a default rate of more than 2 of the basic regulation. Annex 3, the supervisory authority after a concrete assessment can reduce the default rate by 1 if the undertaking concerned has a very limited product quantity and activity in relation to a comparable equitable companies, and control needs of the company therefore assessed to be substantially less than the on the basis of the risk assessment on industry level established standard frequency.

(5). By a notification of change of ownership, see related. the approval notice, repealed previous inspection reports. If the company, moreover, continued unchanged, the new owner, however, after agreement with the previous owner have continued the previous inspection reports. The request to have continued the previous inspection reports accompanied by written acceptance from the previous owner must be submitted to the supervisory authority together with the notification of change.

(6). If a company is authorized or registered on the new, because the move to new premises, the previous inspection reports. If the company terminates in the original premises or disposed of unceremoniously led inspection reports, see. paragraph 5, and in fact continues unchanged in the new premises, it may request to be transferred in the past inspection reports. The request to have continued the previous inspection reports, together with the application for an authorisation request for registration, cf. respectively. the notice shall be submitted to the Supervisory Authority authorisation no later than 3 months after termination of the enterprise in the original premises.

Elite enterprises



§ 3. Companies, which, according to annex 1 or 3 has a standard rate of at least 0.5, get status as elite company if the last four inspection reports are without annotations for breaches of the food law, and all inspection reports covering a period of at least 12 months is also without annotations for breaches of the food law. The supervisory authority shall allocate a business status as elite company at the first check report, where the above conditions are met. For companies who have requested to be continued past inspection reports, see. section 2, paragraphs 5 and 6, should be granted status as an elite company no sooner than at the first inspection report after change of ownership, respectively. new authorization or registration.

(2). A company's status as an elite business lapses by notify-only change of ownership, or if the company gets the annotations for breaches of the food law.

§ 4. Food companies, which have a certified quality management system, and which, according to annex 1 or 3 has a standard rate of at least 0.5, may also, on application status of elite company. The application must be forwarded to the local regulatory authority.

(2). The quality system must cover all the company's activities, and be in accordance with an internationally recognized standard. The certification must be carried out by a certification body that is accredited by an accreditation body that is a signatory of the EA (European co-operation for Accreditation) multilateral agreement on mutual recognition. The standard for that type of business must contain requirements elements, which ensures compliance with relevant legislative and regulatory requirements, as follows from 1) art. 4 in European Parliament and Council Regulation (EC) No 1782/2003. 852/2004 of 29 April 2004. April 2004 on the hygiene of foodstuffs (hygiene regulation), 2) art. 5 in the hygiene regulation, 3) art. 3. the European Parliament and of the Council Regulation (EC) No 1782/2003. 853/2004 laying down specific hygiene rules for food of animal origin, 4) Commission Regulation (EC) No 1782/2003. 2073/2005 of 15. November 2005 on microbiological criteria for foods. microbiological verification of self-monitoring procedures, 5) art. 14 of European Parliament and Council Regulation (EC) No 1782/2003. 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 and its subsequent amendments (food regulation), 6) art. 18 in food regulation and 7) art. 19 in food regulation.

(3). The company must demonstrate in his application that the conditions in paragraph 2 are met, as well as provide information about the extent and frequency of the Certification Board's auditing of the company. It must also agree to the following terms: 1 in the application) the supervisory authority must at all times have access to the certification body's usage reports for the past 3 years.

2) the company shall in connection with inspection visits could explain which parts of the company's self-monitoring program, certification body has gone through, and where this is documented in the certification body's inspection report.

(4). If the application fulfils the requirements laid down in paragraph 3, detects food region enterprise as certified and shall communicate this to the company. The supervisory authority then assigns the company elite status, see. However, paragraph 5, if the


1) the next inspection report after the registration is without annotations for violation of food legislation, and there are no annotations at the most recent inspection report prior to registration, or 2) after registration are two successive control reports without annotations for violation of food law.

(5). For companies registered pursuant to paragraph 4, where pursuant to section 14, paragraph 2, shall be compiled control summaries, assigned the company elite status if 1) the last monthly inspection reports after the registration is without annotations for violation of food legislation, and there are no annotations on the last month's inspection reports prior to registration, or 2) after registration are two consecutive months of inspection reports without annotations for violation of food law.

(6). Companies may, in connection with an application, see. (1) ordering an additional extraordinary verification visits at the local food Department. This inspection visit must be conducted within 2 months after that the supervisory authority has determined the enterprise as certified.

(7). By review of ownership can only a company's registration as a certified pursuant to paragraph (4) be continued, if the company proves that certification be continued unchanged, and that the company continues to accept the terms of the registration.

(8). If the certification of the company quality management system lapses, or if the quality system is changed so that it no longer meets the conditions laid down in annex IX. paragraph 2, shall terminate the registration as certified, and the company must immediately inform the local regulatory authority. A business listing as a certified cease further if it does not comply with the conditions laid down in paragraph 3.

(9). A company's status as an elite business pursuant to paragraph 4 or 5 shall be suspended if the annotations are given for violations of food law. The suspension shall end when the company has received two consecutive inspection reports without annotations for breaches of the food law. For businesses where pursuant to section 14, paragraph 2 shall be drawn up, however, the suspension ceases first control summaries after two consecutive months of inspection reports without annotations for violation of food law.

§ 5. For establishments covered by article 2, paragraph 1, with the status of an elite company, see. sections 3 and 4, the supervisory authorities shall apply the default frequencies laid down in annex 2 for the number of annual ordinary inspection visits.

(2). For establishments covered by article 2, paragraph 2, with the status of an elite company, see. sections 3 and 4, the supervisory authorities shall apply the default frequencies laid down in annex 4 for the number of annual ordinary inspection visits.

Ordered control visit



§ 6. Companies can in connection with notifiable ownership changes order a verification visit at the local regulatory authority.

(2). Companies, which under section 1, paragraph 6, not implemented additional verification visits as follow-up to an annotation for breaches of the food law, can order a verification visit at the local regulatory authority.

(3). An inspection ordered in accordance with paragraph 1 or 2 shall be carried out within 2 months after that the supervisory authority has received the request.

Chapter 2 the publication of findings section 7. Food agency publishes findings and sanctions on the basis of the supervisory authorities ' verification of compliance with food law.

Retail establishments



§ 8. As part of the publication to all retailers and manufacturers of materials and articles covered by section 2 (1) of this Ordinance as well as all establishments covered by §§ 13 or 14 in the approval notice hang test report in its entirety in the company. Any additional pages to control report shall be available to the consumer upon request at the company.

(2). The report shall immediately after the company has received this, hung at the entrance to the company. The test report must be placed so that it is readily visible and legible to the consumer, before these are entering the company's business area. Companies with mobile sales spots should hang the control report visible and readable for the consumer at every single point of sale that is controlled.

(3). At companies with more than one entrance or if more than one point of sale is the subject of a control report, copy is used.

(4). In case of sale, where the consumer does not have the opportunity to see the inspection report and the supplementary page at the point of sale, including mail order sale and sale over the Internet, copy of the last inspection report and any additional pages are sent to the customer on request.

(5). Food regions can give a detailed company manual about the location of inspection reports and, if it is considered necessary to ensure accessibility for consumers. Food regions notwithstanding paragraph 1, may also decide that a company will not temporarily suspension of test report, if the last check result is estimated not to be true.

(6). Food regions may exempt from the requirements for the location of the control report provided for in paragraph 2, if the availability for consumers further hardens at a different location.

§ 9. Establishments covered by article 2, paragraph 1, with the default rate, "as appropriate", see. Annex 1, are exempted from the obligation to hang test report. These companies should instead hang the control information form, which shall be supplied by food regions.

(2). In new businesses, including businesses, which asks to get continued previous inspection reports under section 2, paragraph 6, as well as by the change of ownership must be until the receipt of the audit report must be hung the control information form, which shall be supplied by food regions.

(3). The rules for suspension of inspection reports, see. § 8 shall apply mutatis mutandis to the inspection information forms.

§ 10. The results of the verification in section 8, paragraph 1, companies must be given in the test report. The results will be summarized in a category listed on the inspection report with one of the symbols listed in annex 5. The report also provides information about categories, including date and explanation on the category for the three most recent inspection visit carried out after 1. October 2001.

§ 11. For those of section 2 (1), included companies and Food Administration publishes the last four inspection reports on smiley-website (URwww.findsmiley.dk).

(2). A company's last four inspection reports are published on the smiley-the website until the company ceases, or declared change of ownership.

(3). Companies can submit or submit written comments for the last four inspection reports to the local food Department. Comments on up to 300 characters will then be published on the smiley-website.

§ 12. If a food region informs a company subject to section 8, paragraph 1, prohibition of sale, supply food region at the same time a streamer for the company, which shows that the company is closed until further notice by the food control. The company must hang streamer immediately after receiving this.

(2). The rules for suspension of inspection reports, see. § 8 shall apply mutatis mutandis to that stream.

§ 13. Establishments covered by article 2, paragraph 1, pursuant to articles 3 or 4 achieves status as elite company, gets the food the region issued a sticker with the annexed 6 reprinted short symbol. This symbol will also be listed on the inspection report, and information on elite status will be included in the publication on the smiley-home page, see. § 11.

(2). The company can set up the sticker in the company and, in fact, use of the information on its status as an elite company in marketing, including using it as annex 6 includes symbol. The company may not know the location of the sticker or the use of the information on its status as an elite company in marketing to deceive consumers.

(3). The lapse or suspension of a company's status as an elite company, the company must immediately remove the sticker and discontinue the use of the information on its former status as an elite business in marketing. Food regions for a minimum period can grant a derogation to continue marketing of finished products and the use of existing packaging, where information about the former status as an elite business already is used.

Wholesale companies



§ 14. For those of § 2, paragraph 2, included companies and Food Administration publishes the last four inspection reports on smiley-website (URwww.findsmiley.dk).

(2). For those of § 2, paragraph 2, included companies which, according to the NRA's annual activity inspections must have more than 12 inspection visits per year, published an inspection summary for each of the past four months.

(3). A company's last four test reports or inspection summaries published on the smiley-the website until the company is terminated or declared change of ownership.

(4). Companies can submit or submit written comments for the last four test reports or inspection summaries to the local regulatory authority. Comments on up to 300 characters will then be published on the smiley-website.


§ 15. Establishments covered by article 2, paragraph 2, which in pursuance of § § 3 or 4 achieves status as elite company, given by the supervisory authority issued a sticker with the annexed 6 reprinted short symbol. This symbol will also be listed on the inspection report, and information on elite status will be included in the publication on the smiley-home page, see. § 14.

(2). The company can set up the sticker in the company and can also use information on its status as an elite company in marketing, including using it as annex 6 includes symbol. The company may not know the location of the sticker or the use of the information on its status as an elite company in marketing to deceive consumers.

(3). The lapse or suspension of a company's status as an elite company, the company must immediately discontinue the use of the information on its former status as an elite business in marketing. The supervisory authorities may, for a specified period of time grant a derogation to continue marketing of finished products and the use of existing packaging, where information about the former status as an elite business already is used.

Chapter 3 General provisions § 16. Companies, such as at your own home page markets products or activities governed by food law, in an easily visible location on the website show the last four inspection reports, see. section 11, paragraph 1, and section 14, paragraph 1, respectively. the last four control summaries, see. § 14 (2) for each control point. This may be accomplished by linking to the test reports respectively. control characteristics of food administration smiley-website.

(2). The companies, which in accordance with section 9, paragraph 1, are exempted from the obligation to hang test report is also exempted from the obligation to display the most recent fire inspection reports on the company's website.

§ 17. By publication of the results from the inspection campaigns, monitoring visits and the like can Food Agency and the supervisory authorities publish the names and addresses of the authorization notice covered companies.

§ 18. Food Agency and the supervisory authorities shall publish monitoring results, including fine size, before the administrative means of redress have been exhausted, bødeforelægget is finally adopted, or that have fallen finally DOM.

Chapter 4 Criminal provisions § 19. With fine punished anyone who 1) in contravention of section 4, paragraph 8, does not inform the local supervisory authority for cancellation of or significant changes in a certified quality system, 2) fails to hang test report, see. Article 8, paragraphs 1 to 3, control information form, see. § 9, or stream, of the basic regulation. § 12, 3) not at the request of a consumer displays an additional page to an audit report, see. § 8, paragraph 1, 4) hanging there test report control information form or streamer contrary to section 8 (2) and (3) of the basic regulation. § 9, paragraph 3, and article 12, paragraph 2, 5) not at the request of a consumer shall submit copy of the last inspection report and any additional pages, see. § 8, paragraph 4, 6) fails to comply with an instruction on suspension of test report control information form or streamer, see. § 8, paragraph 5, article 9, paragraph 3, and article 12, paragraph 2, 7) unwarranted indicates that have the status of elite company, see. sections 3 and 4, misleads consumers in contravention of section 13, paragraph 2, or section 15, paragraph 2, or continue to use the disclosure of former status as an elite company in contravention of section 13, paragraph 3, or section 15, paragraph 3, or 8) fails to show the company's inspection reports on a website in accordance with § 8, paragraph 4, or section 16, paragraph 1.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 5 entry into force, etc.

§ 20. The notice shall enter into force on the 1. January 2011.

(2). At the same time repealed Executive Order No. 164 of 12. February 2010 on food control and publication of findings.

Food Agency, the 14. December 2010 Esben Egede R/Jorgen Kruhl Jensen



Annex 1 Standard frequencies for retail companies at risk:





Standard rate:





 

 





High-risk companies





2







Medium-risk businesses





1







Low-risk businesses





0.5







Ultralavrisiko-companies





As needed







Without risk group





As needed













Annex 2 Standard frequencies for retail establishments with elite status at risk:





Standard rate:





 

 





High-risk companies





1







Medium-risk businesses





0.5







Low-risk businesses





0.5







Ultralavrisiko-companies





Not currently







Without risk group





Not currently













Annex 3 Standard frequencies for wholesalers and retail with wholesale business Risk Group:





Standard rate:





 

 





Special high-risk companies





5







High-risk companies





3







Medium-risk businesses





1







Low-risk businesses





0.5







Ultralavrisiko-companies





As needed





 





For kødengros companies with a production of more than 5 tonnes of food containing meat per week is standard frequency 2













Annex 4 Standard frequencies for wholesalers and retail with wholesale business with elite status at risk:





Standard rate:





 

 





Special high-risk companies





3, which should be reduced to 2 after 1 year as an elite company







High-risk companies





1







Medium-risk businesses





0.5







Low-risk businesses





0.5







Ultralavrisiko-companies





Not currently





 

 





For kødengros companies with a production of more than 5 tonnes of food containing meat per week and elite status is the standard frequency 1













Annex 5 Categorization includes the following symbols:







 

 



 




1: No annotations





 



2: Indskærpelse





 



3: injunctions





 



4: a fine specimen, police notification, authorization or registration stripped













Annex 6 Sticker with symbol of elite company