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Regulation On The Supervision And Control On Import And Export Of Food Products And Of Products Of Animal Origin Within The Eea, And Of Non-Animal Food Products From Third Countries

Original Language Title: Forskrift om tilsyn og kontroll ved import og eksport av næringsmidler og av produkter av animalsk opprinnelse innen EØS, og av ikke-animalske næringsmidler fra tredjeland

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Regulation on the supervision and control on import and export of food products and of products of animal origin within the EEA, and of non-animal food products from third countries the date of-1998-12-23-1471 Ministry Ministry of health and care services, the Ministry of agriculture and food, industry and Fisheries Ministry Published Avd in 1998 2406 entry into force 01.01.1999 last edited by-2016-02-12-150 Changes FOR-1953-10-20-2, FOR-1972-04-24-1 applies to Norway Pursuant law-2003-12-19-124-section 14, law-2003-12-19-124-section 15, law-2003-12-19-124-section 16, law-2003-12-19-124-section 17 , Law-2003-12-19-124-section 18, law-2003-12-19-124-section 23, law-2003-12-19-124-section 33, law-2003-12-19-124-section 36, FOR-2003-12-19-1790, FOR-2004-05-05-884 Announced short title the Import Control Regulations Chapter overview: chapter I, scope. purpose and definitions (sections 1-3) chapter II. General provisions for export (§ § 4-5) chapter III. General provisions on import (§ § 6-10) chapter IV. The import of food products and of products of animal origin arriving from countries within the EUROPEAN ECONOMIC AREA (§ § 11-14) Chapter v. Chapter VI. Import of non-animal food products arriving from countries outside the EEA (§ § 21-24) Chapter VII. Administrative provisions (§ § 25-31) in the food processing Attachment. with message exemption Appendix II. Certificate to use when trading within the European economic area with the related guidance for filling out the Certificate Authority: set by the Ministry of agriculture (now the Ministry of agriculture and food), social-and the Ministry of health (now the Ministry of health and care services) and the Ministry of Fisheries (now food and Fisheries Ministry) 23. December 1998 with authorization in law 19. December 2003 No. 124 on food production and food safety, etc. (matloven) section 14, section 15, section 16, section 17, section 18, section 23 and section 33 the first paragraph, cf.. section 36 the second paragraph, cf.. the delegation decision 19. December 2003 No. 1790. Added title: the delegation decision 5. May 2004 No. 884. the EEA Joint referrals: the EEA Agreement attachment in chap. In (Directive 89/662/EEC, Regulation (EC) no 599/2004 and Regulation (EC) No. 882/2004).
Changes: modified by regulations 18 Oct 1999 Nr. 1165, 15 jan 2004 Nr. 207, 6 sep 2005 Nr. 1011, 12 sep 2005 Nr. 1064, 30 nov 2005 Nr. 1355, april 30, 2008 # 432, 22 Dec 2008 Nr. 1635 as amended by Regulation No. 19 feb 2010 316, July 15, 2010 # 1125, 30 March 2011 No. 339, 14 Feb. 2013 No. 197, 3 april 2014 Nr. 389, 2 sep 2014 Nr. 1142, 12 feb 2016 Nr. 150. Chapter I, scope. purpose and definitions section 1. Purpose this regulation have to purpose to ensure the supervision and control of foodstuffs and products of animal origin introduced, to protect human and animal health, ensure that the requirements of the particular regulation are met and that the requirements of fairness and quality is taken care of.

§ 2. Scope this Regulation applies to the supervision and control of the import of food products and of products of animal origin. It also applies to the fresh, iced and chilled fish which is caught by fishing or factory vessels from third countries, and that landes directly. This regulation does not apply to the import of animal food and animal products that come directly to Norway from third countries or who come to Norway from third countries via the EUROPEAN ECONOMIC AREA, but that has not been subject to control on border control station there. The regulation also does not apply for: 1. control with respect to plantehelse1 2.
breeding material and animal waste 3.
Import for personal use in your own household.

The regulation also applies to the supervision and control of the export of animal foodstuffs and other products of animal origin. The regulation applies without regard to the control that is imposed and carried out by the Customs and fiscal considerations.

§ 3. Definitions in this regulation be understood by: 1. the food: any food or beverage, also drink water, and any other item that is destined to be consumed by humans, with the exception of drugs and tobacco 2.

animal foodstuffs: honey, egg, egg product, milk, milk products, fish, fish products, fresh meat, minced meat or cooked meat, fjørfekjøtt, game meat, meat product and other animal food products in accordance with the definitions given in the special regulations. 1 3.

other products of animal origin: products that wholly or partially derived from animals or bees and that is not food, and are in the scope of the special forskrift2 4.

Special regulations: regulations that determine the health-, quality-and/or redelighets requirements of production and marketing of the goods mentioned in Nr. 1, 2 and 3 5.
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6.

Business: business that produce, store, convert or refines items that are mentioned in Nr. 1, 2 and 3 7.
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8.
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9.
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item lot: bounded amount of goods of the same type, originating from the same sender, sent at the same time with the same means of transport with the same route, which is specific to the same recipient, and covered by the same veterinary certificate or other required documentation 11.
---12.

first recipient: the first business or person who after import directly receive or make a complete breakdown of an item lot.

Chapter II. General provisions when exporting section 4. Requirements for export Animal foodstuffs and other products of animal origin, to be exported to other countries within the EEA, shall be made, checked, marked and equipped with documentation according to the requirements laid down in special regulations. 1 each item lot with individually destination should have own documentation. Businesses to export goods after this paragraph should implement own control/internal control to ensure that the requirements laid down in special regulations are met.
When the special regulations set requirements for the use of hygiene or health certificates in connection with export to other countries within the EEA, such certificates be designed on the basis of the harmonised model certificate in annex II to this regulation. Part I of the certificate model can be filled out by the sender. Padding can take place electronically in the integrated online veterinary information system (TRACES).

§ 5. Control of export businesses to verify that Tilsynsmyndigheten1 the export businesses meet the requirements in section 4 or in special regulations.

Chapter III. General provisions on import section 6. Registration the importer of the goods should be registered with the supervisory authority before the item lot is diverted into the country. The registration shall be made on the form established by the supervisory authority and contain the name, address, telephone number, fax number, organizational or personal identification number on the importer of the goods and item group specified with minimum the first four digits for the item group according to the section in the Norwegian customs tariff. The registration is made for each item group and apply for two years after the last registered imports, jf. section 7.

section 7. Message about the import By import of non-animal food products from third countries to the importer or his representative send message to the supervisory authority at the first reception area. The message should be arrived at the supervisory authority at the latest 24 hours before the arrival of the first recipient. The message shall be given in the manner specified by the regulatory authority and at least contain the following information: 1. the importer's name, address, and organization or national identity number, 2. time of arrival and name, address, and organization-or birth number on the first recipient of the goods, 3. sender's name and sender countries, 4. item the party's production countries, 5. amount of items and 6.
item group with specification of customs tariffens item number (eight digits) according to the section in the Norwegian customs tariff.

The importer shall ensure that the specified as the first recipient is cognizant of this.
Unless otherwise specifically determined in regulations 22. December 2008 No. 1621 on public control of compliance of regulations on livestock feed, food and health and welfare in animals (control regulation), regulation 30. March 2011 No. 338 of particular import conditions for livestock feed and food originating in or exported from Japan, regulation 2. September 2014 Nr. 1140 about protective measures by the special import of certain livestock feed and food from third States due to aflatoksinrisiko, regulation 2. September 2014 Nr. 1141 about protective measures by the special import of certain foodstuffs from third States due to pesticidrisiko or regulation 12. February 2016 Nr. about protection measures 149 special when importing paanblader from India, the requirement of a message after the first paragraph not on import of fresh fruit and vegetables mentioned in Annex i to this regulation.
Norwegian food safety authority may by regulations provide an exemption from the obligation to report under subsection for some item groups when this is considered appropriate.
The supervisory authority can for some item lots give permission to the shorter deadline set out in the message than the first paragraph, provided that this does not preclude the exercise of supervision.
In case of message according to the provisions of or given in pursuance of this paragraph to the items not tol play humble res before such a message is given or the supervisory authorities give permission to disclosure.

section 8. (Repealed by regulation 18 Oct 1999 Nr. 1165) section 9. Your business's own control measures First recipient should lead the register of received item lots and implement the control that is necessary to ensure that the item lot is in accordance with the requirements that are set in the special regulation before it is deployed on. Of the registry should be disclosed in the sender's name and sender countries, care the party's production country, the quantity of items, item group with specification of customs tariffens item number (eight digits) according to the section in the Norwegian customs tariff and the date of receipt.
On import of animal foodstuffs and other products of animal origin, should in addition be checked that: 1. the party followed by the trade document, veterinary certificate, or other required documentation 2.

the documentation in the No. 1 and the person item lot and 3.
the items are properly selected stamp.

In businesses that have associated supervisory veterinarian, will this make the control after the second paragraph Nr. 2 and 3. In other businesses to the business itself make this control.
Register of received deliveries should be kept for two years. The same applies to the documents or veterinary certificates that have followed with the items.

§ 10. Enterprises ' duties by missing If the control under section 9 uncovers defects in the item, the trading document, labeling, or other required documentation pursuant to the current provisions, the duties of the business to inform the supervisory authority about this.
The item lot will in such cases not be applied or transferred, without the permission of the supervisory authority.

Chapter IV. The import of food products and of products of animal origin arriving from countries within the EEA section 11. (Repealed by regulation 18 Oct 1999 Nr. 1165) section 12. Public control the supervisory authority can at any time make control with imported items, items sought imported and means of transport carrying goods that fall under this regulation. Suspected violation of the current rules can control is made during transport, including the control of transportation. The individual business to facilitate for the implementation of the control.

section 13. Special measures if it by control be demonstrated that imported goods or goods sought imported, make up the danger to human or animal health or the detected items that do not meet the provisions set out in the special regulation, the supervisory authority may prohibit the import or sales. Suspected conditions as mentioned in the first sentence, later shipments be checked before the items can tol play humble res. The supervisory authority may also order the destruction of the goods.
If it will be made that the items do not pose any danger to human or animal health, they may be allowed used for purposes other than human consumption or returned to the sender.
If there are deficiencies in the trading document, marking, or other required documentation, it can if the items ' origin can be documented, are given a deadline to correct this.

section 14. Costs the costs of an order under section 13 is the public.

Chapter V.

Chapter VI. Import of non-animal food products arriving from countries outside the EEA, section 21. (Repealed by regulation 18 Oct 1999 Nr. 1165) § 22. Public control the supervisory authority may at any time make control of imported goods and goods as imported, and searched can take out the samples that are considered necessary.
The supervisory authority shall notify both the importer and customs if the control will be made before the item tol play humble res. When the customs service has received notice of control, should the goods not tol play humble res before the notified control is carried out.
The business to facilitate for the implementation of the control.

§ 23. Items that do not meet the requirements that are placed in special regulation If it by control be demonstrated that the items sought imported, make up the danger to human or animal health or does not meet the provisions set forth in the special regulation, the supervisory authority may prohibit the import or sales. The supervisory authority may also order the destruction of the goods. The supervisory authority shall stamp the documents that come with the item lot with a stamp that shows that the items are prohibited to import.
If it will be made that the items do not pose any danger to human health or animal health, they may be allowed used for purposes other than human consumption or returned to the sender.
If there are deficiencies in the trading document, marking, or other required documentation, it can, if the items ' origin can be documented, are given a deadline to correct this.

section 24. Costs the costs of an order under section 23 is the public.

Chapter VII. Administrative provisions § 25. Supervision and decision the FSA supervises and don't understand the decision to carry out the provisions given in and in pursuance of this regulation.

§ 26. (Repealed by regulation 18 Oct 1999 Nr. 1165) § 27. (Repealed by regulation 18 Oct 1999 Nr. 1165) section 28. Exemption the FSA can in special cases, the provisions of this dispense from these regulations, provided that it will not run counter to Norway's international obligations, including the EEA Agreement.

section 29. Punishment intentionally or negligent violation of this regulation or the regulations and decisions given in pursuance of it, are punishable according to matloven § 28.

section 30. (Repealed by regulation 6 sep 2005 Nr. 1011.) section 31. Entry into force this Regulation shall enter into force 1. January 1999.
At the same time repealed the following regulations: 1. regulations 20. October 1953, Nr. 2 if imported vinegar and vinegar essence.

2. regulation 24. April 1972 No. 1 about the import of vegetable konserver.

Attachment in food processing with message. exemption Customs position/item number: Description: 07.01.9011 * it's a (15 May-15 July) 07.01.9018 *, otherwise it's a (not peeled or shelled) (15. May-15. It's July) * 07.01.9022 (16 July-14 May) 07.01.9028 *, otherwise it's a (not peeled or shelled) (16. July-14. February 7-May) Tomatoes Whole position Kepaløk, 07.03, shallots garlic, leeks and other løkslag-the whole position 07.04 cabbage white, cauliflower, knutekål and similar edible cabbage-the whole position of May 7 Salad and chicory-All position June 7 Carrots, turnips, beets, Salsify, knoll celery, radishes and similar edible roots-the whole position July 28 cucumbers-the entire position Aug. 7 pulses, with or without the pod-the whole position September 7 other vegetables, except: 07.09.9930-sweet corn to feed ex 08.03.1000 fresh plantains (pisanger) ex 08.03.9000 fresh bananas April 8 * Dates , figs, pineapple, avocadopærer, guavaer, mango and mangosteen, except: 08.04.2090-figs, otherwise 08.05 * citrus fruits, except: 08.05.1010-oranges, for animal feed 08.05.2010-tangerines, clementines, wilkings and similar hybrids of citrus fruits, for animal feed 08.05.4010-grapefruit, including pomelos, for animal feed 08.05.5010-lemons and iimes, for animal feed 08.05.9010-other citrus fruits, for animal feed, June 8th grape varieties, except: 08.06.2000-dried grape varieties July 08 Melons (including watermelons) and papayas-the whole position 08/08 Apple , pears and STEV-the whole position 9/8 Apricots, cherries, cherries, you getpeaches (including nectarines), plums and slåpefrukter-the whole position October 8th other fruits-the whole position 12.14.9011 rutabaga rutabaga, whole 12.14.9019, otherwise When only certain products under a code is covered by the regulations, and there is no designated as section of the code in the item nomenclature, the code specified with "ex" (for example, ex 08.03.9000: applies only to fresh bananas).
 

Annex II. Certificate to use when trading within the European economic area with the related guidance for filling out the certificate See here to read the attachment: