The Law On Food Production And Food Safety, Etc. (Matloven)

Original Language Title: Lov om matproduksjon og mattrygghet mv. (matloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2003-12-19-124

The law on food production and food safety, etc. (matloven).

Date law-2003-12-19-124 Department health and Human Services Department Recently changed law-2015-06-19-65 from 01.10.2015 published in 2003 booklet 17 entry into force 01.01.2004 Change LAW-1959-05-28-12, law-1962-04-06-3, law-1962-06-08-4, law-1963-04-05-9, LAW-1970-05-06-25, LAW-1970-12-04-82, LAW-1970-12-04-83, LAW-1973-03-23-18, LAW-1978-03-17-6, law-1997-01-10-9, law-1997-06-13-54, LAW-2000-06-23-53 Announced short title Matloven-matl.

Chapter overview: chapter I, scope. purpose and definitions (sections 1-4) chapter II. General requirements and obligations (§ § 5-15) chapter III. Special requirements and obligations (sections 16-20) chapter IV. Fees, fees, replacement schemes etc. (sections 21-22)
Chapter V Administrative provisions., sanctions and punishment (§ § 23-28) Chapter VI. Other provisions (§ § 29-33) Chapter VII. Entry into force and transitional provisions (sections 34-36) cf. previous laws may 28 1959, Nr. 12 (fishing quality law), 6 apr 1962 No. 3 (flog oats law), June 8, 1962, no. 4 (Pets Act), 5 apr 1963 No. 9 (pesticide law), may 6, 1970, Nr. 25 (arctic cloudberries map law), 4 des 1970 Nr. 82 (såvareloven), 4 des 1970 Nr. 83 (fertilizer care law), March 23, 1973 No. 18 (feed item law), 17 March 1978 No. 6 (coordination law), 10 jan 1997 Nr. 9 (meat production law), June 13, 1997, Nr. 54 (fish disease Act) and June 23, 2000 No. 1. 53 (plant health law).

Chapter I, scope. purpose and definitions section 1. Purpose the purpose of the law is to ensure healthy, safe food products and promote health, quality and consumer attention along the entire production chain, as well as protect the environment-friendly production.
The law should further promote good plant and animal health.
The law should also attend to the consideration of the players all along the production chain, including market access abroad.

§ 2. Factual scope of Law includes all matters in connection with the production, processing and distribution of intermediate and food products, including drinking water. The law also includes all matters in connection with the production of materials and objects that are destined to come into contact with, or may have impact on intermediate or foodstuffs. Furthermore, any use of the law includes the intermediate.
The law includes all conditions regarding plant and animal health, including products, objects and organisms that can lead to infection.

§ 3. On-site scope law applies to Norwegian land and deep battlespace, Norwegian air and Marine Islands, and devices on the Norwegian continental shelf. The King can give closer regulations about the application, including on the application of overseas registered ships in the pane on the Norwegian ports.
The King can give the regulations on the application of the law on Svalbard, Jan Mayen, bilandene, of the Norwegian economic zone, fisheries zone by Jan Mayen and fishing policy zone by Svalbard. The King can establish special rules under consideration for the on-site conditions.

§ 4. Definitions in this law be understood with 1.
Business: any private or public enterprises as well as private individuals who make any activity as mentioned in section 2, but activities in the private and non-commercial purposes.

2. turnover: Possession with a view to sale, offer for sale, distribution, as well as the actual sales and any other form of transfer with or without remuneration.

Chapter II. General requirements and obligations section 5. Compliance obligation and systematic control measures the business shall ensure that the relevant provisions given in or pursuant to this Act are observed. The King can give the regulations about who is responsible in the business, and whether the duty to give notice of this to the supervisory authority.
The King can give the regulations on the duty to establish and implement systematic control measures.

section 6. Prevention of danger, notification and implementation of the measures there is reason to suspect danger of unhealthy foods or health or environmentally damaging efforts to immediately business items, notify the supervisory authority.
Business and any other have similar alert duty by reason of suspicion of contagious animal disease that can provide significant social consequences. By reason of suspected planteskadegjørere that can provide significant social consequences, has the business and the owner or user of the real estate alert duty.
The business shall immediately take appropriate measures to prevent, reduce or eliminate potential adverse impacts, including stop dealing and implement the withdrawal from the market.
The King can give further regulations on the prevention of danger, warning, and the implementation of measures, including information to the public.
The King can give equivalent regulations on the prevention of misconduct, notification and implementation of measures, including information to the public.

section 7. The creation, design and operation Business shall ensure that the location, design and operation of activities is hygienic justifiable.
The King can in the regulations set additional requirements for the creation, location, design and operation of activities in businesses, including about message, registration and authentication, and about the disappearance of approval.
The King can make demands in the regulations to the providers of services to the businesses mentioned in the first paragraph, including whether approval.
The King can in regulations forbid any relationship that could lead to the risk of pollution in the water-supply system and internal distribution net.
Service law § 11 the second paragraph about the automatic grant does not apply to approvals under this section.
The King of the regulations can fix a particular processing deadlines for approvals under this section.

section 8. Training and expertise your business should make sure that anyone who participates in the activity covered by this Act, has the necessary expertise.
The King can give further regulations on education, training and skills, including whether authorization of personnel.

§ 9. Product authentication, content, composition and quality King can in the regulations require effort items, plants, animals, food products, animal by-products as well as materials and objects that are destined to come into contact with or may affect efforts items or foods, including about authentication, content and quality, etc.
The King can give the regulations on the restriction of or total ban on content of genetically modified organisms, to the content of the genes from genetically modified organisms and products from certain genetically modified organisms.

§ 10. Labelling, presentation and advertising Business shall ensure that labelling, presentation, advertising and marketing is correct, gives the recipient enough information and is not liable to mislead.
The King can give further regulations on labelling, presentation and advertising, including prohibiting the marketing of health and unwanted conditions for use of volunteers mark schemes.

section 11. Traceability the King can give the regulations on traceability for action items, plants, animals or food products, as well as the traceability of the materials and objects that are destined to come into contact with, or may have impact on intermediate or foodstuffs.

§ 12. Ban on the catching, harvesting, turnover, etc. The King of the regulations can fix a) ban on trapping and harvesting, b) prohibition or restriction of turnover and the use of goods that are covered by this law, and c) claim to or prohibition of the import and export, etc.

to carry out the purposes of the law or to protect Norway's international obligations.

section 13. Access to the site, aid duty, try outlets etc. The business shall provide the supervisory authority free access to the site or local where there is activity covered by the law, so that the supervisory authority can make the necessary investigations. Foreign inspectors can participate in inspections, etc. When it is necessary to protect Norway's international obligations.
The business will be royalty-free set the necessary premises, fixtures, work assistance and tools at the disposal of the exercise of authority, and otherwise provide assistance and facilitate the audit.
The business will be at the request of the supervisory authority without charge cast necessary try material or results of conducted analysis.
Everyone has the corresponding duty as businesses after the first to the third paragraph, when there are reasonable grounds to suspect contagious animal disease or planteskadegjører that can provide significant social consequences, or when necessary to protect Norway's international obligations.
In special cases, the supervisory authority may impose slaughterhouses and plants that process animal by-products, to ask the facility, equipment and manpower at their disposal to perform specific tasks.
The King can give further regulations on access to the site, aid duty, try outlets etc.

section 14. Disclosure and reporting obligation to Business when the supervisory authority requires it, provide or submit necessary information and sample material. The same applies any that are in the possession of the animals, plants or other objects or organisms that can lead to infection. The supervisory authority can decide how the information is to be given, including the form, level of detail, etc.
Any may be required to disclose or submit information, and try as necessary material for the sake of control with import or for the sake of infection surveillance.
The King can give further regulations on disclosure and reporting obligation as well as about the obligation to publish the results of conducted audits.

section 15. Documentation etc. The King can give the regulations on documentation, including silent about the issue of requirements and the duty to procure and store documentation, as well as the obligation to enclose certificates, certificates, or other documentation by transport and turnover.

Chapter III. Special requirements and obligations


section 16. Food safety it is forbidden to transform the food that is not safe. A food shall be deemed not to be safe if it is considered harmful to health or unfit for human consumption.
The King can give closer regulations about when a food is considered not to be safe.

§ 17. Efforts are prohibited item safety to translate the feed or to give this to animals that can get to the food, if the feed is not safe. Feed shall be deemed not to be safe if it is considered to be harmful to humans or animals, or make the food from animals unfit for human consumption.
The King can give closer regulations about when the feed is considered not to be safe, and make demands to the safety of other efforts.

§ 18. Plant health everyone should exercise the necessary care so that it does not occur risk for development or the spread of planteskadegjørere.
Plants should not be traded or moved when there is reason to suspect planteskadegjørere that can provide significant social consequences.
The King can give further regulations to prevent, monitor and fight the planteskadegjørere, including about a) classification and grouping of planteskadegjørere, b) creating zones, c) claim to plants, objects, products and organisms that could lead to the risk of the proliferation of planteskadegjørere, and d) duty to inform about the restrictions. planteskadegjørere, including the duty to tinglyse restrictions on the property.

§ 19. Animal health everyone should exercise the necessary care so that it does not occur risk of development or spread of contagious animal disease.
Live animals shall not be traded, be taken into animal husbandry, moved, or is put out when it is due to the suspicion of contagious animal disease that can provide significant social consequences.
The King can give further regulations to prevent, monitor and fight animal diseases and contaminants, including whether: a) the classification and grouping of diseases and contaminants, b) the creation of zones with different health and disease status as well as the epidemiological separate regions, c) authentication and the use of vaccines and other drug treatment to animals, d) removal, transportation, sales and use of the living and the dead animal, animal by-products , objects etc.., e) the control of breeding animals, the withdrawal of the sex products and reproduction of animals, and f) access restrictions for people who can bring with it infection to buildings used for animals, feed or equipment to animals, and about the obligation to let his person and players objects disinfected.

section 20. (Repealed by law 19 June 2009 No. 97 (ikr. 1 jan 2010 according to. res. June 19, 2009 No. 703).)

Chapter IV. Fees, fees, replacement schemes etc.

§ 21. Tax and fee the King can in the regulations impose the payment of the fee to cover the costs of supervision, control and special benefits, as utferdigelse of certificates and approvals, under this Act.
The King can in the regulations impose on businesses to pay a tax on food to cover the costs of supervision and control under this Act, that are not covered by the fee pursuant to the first paragraph.
The King can in the regulations impose on manufacturers and importers an environmental tax on pesticide.
The King can in the regulations impose them that translates seed, plants and plant parts, to pay a fee to the promotion of plant manufacturing and the management and control that this business requires.
The King can give further provisions on avgiftenes and gebyrenes calculation, oppkreving and payment.
By late payment of fees and charges to be paid interest in accordance with the law 17. December 1976 No. 100 about interest rates by late payments.
Taxes and fees are enforceable for disbursements.

§ 22. Substitute for mandatory measures against diseases, contaminants and pests in animals and plants owner should have replacement for domestic animals that would be wiped out after an order cf. § 23, dies before such an order is given, or die as a result of the required treatment. Terms of the right to compensation is that the owner or other responsible for animals etc.., not even intentional or grossly negligent have caused the disease, outlay or the loss, and that he has fulfilled the notification duty cf. § 6 and followed the decision given in or pursuant to this Act. For dog, cat and pets is not paid compensation.
When the owner has the right to compensation after the first paragraph, that person shall also have a substitute for necessary disbursements to the killing, nedgraving or destruction of animals, required treatment, cleaning and disinfection as well as losses due to required destruction of houses, furnishings, food, tools and fertilizer.
The King can give regulations for compensation for other loss or expense as a result of regulatory action against diseases and contaminants in animals, for the measures that are being imposed to prevent or combat the planteskadegjørere, as well as on the determination, scope, and sentence of compensation under this section.

Chapter v., sanctions and Administrative penalty provisions § 23. Supervision and decision the FSA supervises and can make the necessary decisions for the implementation of the provisions given in or pursuant to this law, including banning the import, export and revenue or impose the withdrawal from the market, insulation, avlivning, destruction, kassasjon, tape laying, labeling or special treatment. The King can delegate authority to other public or private bodies and provide provisions on who the complaint authority in such cases.
If the orders are not met, it is unknown who is responsible, or it is necessary to get accomplished action quickly, the supervisory authority can even implement measures as mentioned in the first paragraph. Measures can be implemented for the their Bill. Amount owed is enforceable for disbursements.
Norwegian food safety authority can in consideration of Norway's international obligations fix, change, and cancel the time-limited regulations without prior consultation, and announce the regulations on special way.
Public authorities duties at the request of the supervisory authority to provide the necessary information without the obstacle of confidentiality. Police, customs service, Coast Guard and local authorities shall on request assist the supervisory authority.

section 24. Special infection building or redevelopment property, chattels where there is suspicion of contaminants or planteskadegjørere, may be ordered cleaned, disinfected or destroyed etc. It can further be imposed restrictions on the use of such property, building or personal property.
Dead animals or infection before the end items can, when it is necessary to avoid infection, be ordered buried on the owner's reason, and in particular cases on the other person's reason, if this can take place without significant inconvenience to the owner or user of the reason. By nedgraving on another person's basic compensation under section 22.
section 23 the second paragraph applies accordingly.

§ 25. The closure and the enterprise when it encountered quarantine have or may occur conditions that can result in the risk of unhealthy food products, animal or planters health or risk of environmental damage, can the business be ordered to shut down one or more tasks. The same applies if the business driver without the necessary approval.
Business that fails to comply with the significant cuts or grossly contravenes provisions given in or pursuant to this Act, may be ordered to shut down one or more tasks for a narrowly defined period of up to 6 months. The person responsible in the business as stated in the first sentence, can be refused to start up or perform one or more tasks for a similar period of time as mentioned in the bounded by the first sentence.
If the imposition of the closure not be complied with, it is unknown who is responsible, or it is necessary to get accomplished action quickly, the supervisory authority can even carry out the closure. The closure can be implemented for the their Bill. Amount owed is enforceable for disbursements.

§ 26. Coercive business that fails to comply with the individual decisions within the prescribed time limit, imposed coercive in the form of a engangsmulkt or running liquidated damages. Tvangsmulktens size be determined as to how important it is that the order be carried out, and what costs it is believed to cause.
Coercive can be fixed already in connection with that the order be given when it is necessary that the deadline is met.
Imposition of coercive is enforceable for disbursements. The supervisory authority may waive accrued coercive.
The King can give further regulations on the determination and calculation of the fines.

§ 27. Information to the general public by the suspicion that there may be danger to human or animal health associated with the intake of the food or feed, to the supervisory authority on its own initiative give the general public the relevant information as it is in the possession of the supervisory authority may further. provide relevant information to the general public when the consumer-or other community elements. The King can give the regulations on information to the general public.

section 28. Punishment intentionally or negligent violation of provisions given in or pursuant to this Act or decision given in pursuance of the law, is punishable by fines or imprisonment up to 1 year, or both, as long as the relationship is not affected by stricter penalty provision. Under especially aggravating circumstances, imprisonment for up to 2 years applied.
The King of the regulations can decide that a fine, on the spot or in hindsight, for violations of specified species can occur by simplified procedures by fixed bøtesatser. In such procedures can punish the bid and the criminal relationship termed by key words or in a similar way.

Procedures that are printed on the spot, fall away if it is not immediately adopted. Is indicted under 18 years old, it can be given a short deadline for the adoption of forelegget. For procedures that are written out in hindsight, the code of criminal procedure § 256 Nr. 5 accordingly. Such procedures fall away if it is not adopted within the time limit. The King can give further regulations on procedure forelegget is printed after the fact.
Prosecutors can favor for indicted cancel a adopted procedures.
Police officer who otherwise do not have the foreleggs authority, can be given the authority to draft simplified procedures.
The King gives closer to rules on the use of simplified procedures after this paragraph and determine the bøtesatser and subsidiary imprisonment for the offenses that the scheme should include.

Chapter VI. Other provisions section 29. Establishment of data registries Supervisory Authority can create or bind to data tables when it is necessary for the purpose, or when it is necessary to ensure the international agreements that have entered into Norway. Such registries can not without consent contain personal information that is sensitive in accordance with the law 14. April 2000 Nr. 31 on the treatment of personal data § 2 No. 8. The King can give the regulations on the duty to disclose information to such records.

section 30. Protection of designations in the King may give protection regulations and rules on the use of product designations and product designations, rules for replacement by the improper use of such designations, as well as special processing rules in relation to such regulations.
The King can in this regard in the regulations also narrow down the registration access pursuant to the trademark law, the law 21. June 19851 about all rights reserved to business name and other business features, law 12. March 1993 No. 32 of planteforedlerrett, law 7. June 2002 No. 19 about the person name and allowed 14. March 2003 No. 15 on the protection of designs, and refine the rights given in or pursuant to the same laws, if it has not entered into an objection to that a designation is being protected in accordance with the regulations issued pursuant to this law.

section 31. The compensation arrangements the King can give the regulations on compensation to facilitate the compliance of food law requirements and obligations in primary production.

section 32. Exemption in special Supervisory Authority can dispense from the given case the provisions in or pursuant to Chapter 2 and 3 of this Act provided that it will not run counter to Norway's international obligations, including the EEA Agreement.

section 33. Implementation and filling the King can give the regulations that are necessary to ensure the implementation and the completion of this law.
The King can determine the regulations that are necessary to fulfil Norway's obligations as a result of the EEA Agreement, including that such regulations in the event of contradiction to go in front of this law.

Chapter VII. Entry into force and transitional provisions § 34. Waiver of other laws the following laws be repealed: 1. Law 28. in May 1959, Nr. 12 about the quality control of fish and fishing goods, etc. (fish quality Act) 2.
Law 6. April 1962 No. 3 about oats flog (flog oats Act) 3.
Act 8. June 1962 No. 4 on animal health (Pets Act) 4.
Act 5. April 1963 No. 9 about the pesticide, etc. (pesticide law)

5. Law 6. May 1970 Nr. 25 prohibiting the picking of arctic cloudberries map (arctic cloudberries map law) 6.
Law 4. December 1970, Nr. 82 of seed (såvareloven) 7.
Law 4. December 1970, Nr. 83 about trading with fertilizers and soil improvement funds, etc. (fertilizer last Act)

8. Law 23. March 1973 No. 18 about the supervision of livestock feed (feed item law) 9.
Law 17. March 1978 No. 6 about the concerted food control (coordination law) 10.
Law 10. January 1997 Nr. 9 about meat production (meat production Act) 11.
Law 13. June 1997 No. 54 for measures against the disease in fish and other aquatic animals (fish disease Act) 12.
Law 23. June 2000 Nr. 53 of plant health (plant health law) § 35. Other legislative changes---section 36. Entry into force and transitional provisions this law enters into force 1. January 2004.
Regulation or individual decisions given in or pursuant to statutory provisions that are being revoked or changed under section section 34 or 35, still applies until they are lifted.