Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8563
KING OF SPAIN
To all who see and hear.
Know: that the Parliament has approved and I hereby sanction the following law.
The food sector because of its importance in social, economic and environmental terms, it is strategic both in Spain and throughout the European Union. Its basic mission is to provide citizens with a healthy, safe and also meet their expectations of quality food. This situation demands a model of quality food that includes a basic set of legal provisions and ensure respect for fair competition between operators.
In this sense, it is necessary to review both the general and particular aspects of food quality in the field of competence of the General State Administration to take into account new trends in this area that, specifically, affecting food; collecting and respecting, in the economic sphere, the basic principles and requirements of food law laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002, laying down the general principles and requirements of food law, the European food safety Authority and laying down procedures in matters of food safety are set, taking into account also the principles contained in the material traceability, self-control and responsibility operators.
Moreover, the monitoring of compliance with the mandatory requirements for the marketing of foodstuffs and prosecution of fraud, as defined in Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with the legislation on feed and food law, animal health and animal welfare, is an indispensable element to ensure the loyalty of the commercial transactions, legal certainty of different operators and not to disappoint the expectations of consumers. Likewise, the aforementioned Regulations Article 55 provides that Member States shall establish rules on penalties applicable to infringements of legislation on food and take all necessary measures to ensure its implementation, indicating that sanctions must be effective , proportionate and dissuasive.
On the other hand, this Regulation (EC) No 882/2004 refers to the same extend its control regime, one of the main rules to which this law will be applicable, Regulation (EU) No .º 1169/2011 of the European Parliament and of the Council of 25 October 2011 on food information to consumers and amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council and amending Directive 87/250 / EEC repealing Directive 90/496 / EEC Directive 1999/10 / EC, Directive 2000/13 / EC of the European Parliament and Council Directives 2002/67 / EC and 2008/5 / EC and Regulation (EC) No 608/2004.
The law focuses its object on the technical aspects of the technical and health regulations and the regulations of the European Union and national governing food characteristics or their production processes and have essentially economic content to be aimed at try to prevent food fraud and improve the quality of goods placed on the market, superimposing them all common systems of self-control, self-control accredited, administrative official control and penalty system for non-compliance. It also includes rules for voluntary labeling are although not mandatory in the sense that they are binding on all operators, act as mandatory rules regarding their conditions if they decide freely benefit from the ability to tag these additional elements.
On the other hand, the Forces of State Security have been actively participating in the work of inspection and control stages of the food chain included in the scope of this law and for the same purpose. In order to continue this collaborative activity in official control, their presence in this text is necessary, following the recommendations of the European Union on close cooperation with the Forces and Security Forces in the fight against food fraud .
This is without prejudice to the powers that may have ministerial departments responsible for health hygiene control, consumption or control of foreign trade, whose policy areas not affected by these regulations.
Nor it is affected by this law primary control unless a quality standard so provides production.
Royal Decree 1945/1983, of 22 June, the violations and penalties regarding consumer protection and agro-food production are regulated, it was adopted to comply with the parliamentary mandate to agree a plan urgent measures to protect the health of consumers.
In the real that decree were updated and merged all the rules and regulations on inspection and monitoring of food activities and penalties for infringements by then in force. So in the real mentioned decree converge the defense of public health, the protection of consumer interests and legitimate demands of industry, trade and services.
Currently, regulation of health offenses contained in Article 2 of the aforementioned Royal Decree, is regulated independently in their own regulations. For the sake of legal certainty and because of the need for a new disciplinary framework with value and actual effectiveness as well as the need to establish a uniform regulatory framework that is applicable to the entire national territory and ensure uniform treatment to all operators included in the scope has been considered necessary to develop this law.
Consequently, not carry out the implementation of the Royal Decree 1945/1983, of 22 June, for food products included in the scope of this law or operators of such products in the stages of the chain food from consideration as a food product in accordance with Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002, to processing, including wholesale stores and wholesale distributors, as well as transportation between all of them, without forgetting the commercial intermediaries with or without warehouse.
On the other hand, must take into account that there is a part of the royal decree as mentioned or is contained in this Act or other legislation is repealed. This corresponds to the sampling and analyzes, for which the provisions of Royal Decree 1945/1983, of June 22, while statutorily develop this law shall apply. It will also continue to apply entirely to health and hygiene and food safety aspects as well as products and services other than food.
While not a proper procedure to take place, the sanctioning powers contained in this Act shall be exercised by the procedure established by Royal Decree 1398/1993, of 4 August, approving the Rules of procedure adopted for the exercise of sanctioning powers.
Moreover, in recent years there has been a substantial increase in private quality certification systems. These certifications are based on internationally recognized standards, relying ensuring that products meet the requirements to an independent third party of the interests of market operators and consumers: certification bodies or inspection. In many markets, this type of certification is becoming a prerequisite for access to them.
These systems are also used for verification and operator of self-control in this context is regulated by this law the need for these inspection and certification bodies make a sworn statement to the competent authority which start their activity under scope of accreditation. This sworn statement is unique and valid for the entire national territory regardless of where such a declaration is made.
These systems conformity assessment of food in the voluntary field of quality, and the nature, characteristics and principles of operation of accreditation in the food sector are laid down in Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down the requirements for accreditation and market surveillance relating to the marketing of products and Regulation (EEC) No repealing established. 339/93.
Also in the field of quality and as a mechanism to ensure transparency in commercial transactions and balance in the commercial chain, Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, on the common organization of the market of agricultural products is created and Regulations (EEC) No 922/72, (EEC) No 234/79 is repealed, (EC) No 1037/2001 and (EC) No 1234/2007 establishes the obligation of the classification of carcasses of cattle and pigs and voluntary for each member State of the application of classification of carcasses in the case sheep and goats.
To ensure proper compliance with the provisions laid down in Community legislation and commercial interests of transparency and legal certainty for operators is necessary to establish a regime of offenses and penalties in this field specific to the case of livestock beef and pork, while not necessary for sheep and goats, not being, for now mandatory application in Spain.
In addition, operators in the food and beverage sector perceive that there is fragmentation of the market unit, having to face disciplinary procedures and official control, among others, different in each territory where their businesses are located, so that the regulation contained in this law is referenced assurance principles of freedom of establishment and freedom of movement, enshrined in the law 20/2013, of December 9, assurance market unit. The Constitution, on the one hand, recognized in Article 38 freedom of enterprise within the market economy, urging public authorities to guarantee and protect its exercise and the defense of productivity in accordance with the requirements of the general economy and, where appropriate, of planning. Furthermore, Article 139 states that no authority may adopt measures which directly or indirectly obstruct freedom of movement and establishment of persons and free movement of goods throughout the Spanish territory.
Both precepts inspire these principles guarantee freedom of establishment and freedom of movement, which is essential for the competitive functioning of the Spanish economy scenario, where the food industry plays a key role, being one of the pillars of the project Brand Spain.
These principles relating to market unity acquire full significance in such important for the national economy and food production area. To this end, this standard part of the existence of multiple and disparate regional standards, from the existence of a harmonic system that comes to constitute a minimum common denominator fit different respective interests in the matter is articulated in each of the autonomous communities. This common content is recorded in a standard legal range by special regulatory needs that the activity of control and sanction presents, thereby ensuring the protection of the recipients and the correct distribution of powers.
In that vein, this law passes in the path of homogenization in the treatment of food businesses throughout the Spanish territory, regardless of the autonomous community where they settle, from the point of view of quality control and application of sanctions.
Control systems regulated by this law come from the EU rules applicable, although it proceeds to systematise on one character further provided with basic legal instrument. The existence of different control mechanisms can not be assumed for the operator in any way hinder the exercise of their activity, as no authority can take measures to restrict the free movement of goods or services.
In addition, in order to improve the coordination of control exercised by the competent authorities in this matter, we proceed to the creation as a working group of the Coordinating Board of Food Quality, which is a basic instrument of cooperation between administrations.
The Bureau is the only possible means of cooperation in regard to the scope of this law, to ensure uniform throughout the national territory of quality control and the only way to ensure fair competition in the application operators and consequently the unity of the market.
Spain, as a member of the European Union, carries out activities of coordination of activities related to official control, arising of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004, and that have to do with activities like assistance between Member States and third countries in cases of fraud committed by Spanish companies in those States and vice versa, the requirement to establish dissuasive sanctions that take into account the profit obtained by fraud committed , assistance by the Ministry of Agriculture, Food and Environment of the European Commission in its recommendations to tackle fraud European level or action by the authorities of the Central Government in the implementation of the Network Information Exchange on fraud in the food sector which aims to establish the European Commission, the mode of existing European Networks.
The law consists of four titles.
Title I, on general provisions, defines the purpose, the scope and the purpose and basic definitions needed for the development of it.
Title II regulates food quality and control systems that apply in this regard, taking into account new trends in control specifically affecting food.
Title III establishes the basic sanctions applicable in the control of food quality, typifying offenses committed by operators in relation to food legislation comprises the binding rules issued by the competent authorities in each sector and the applicable horizontal legislation, as well as those set out in this law that are classified in groups of mild, serious and very serious and setting the limits of the penalties in each case.
Finally, Title IV includes aspects related to collaboration and cooperation between different public administrations within the scope of this law.
The law is supplemented by four additional provisions which are included respectively, the sanctioning regime on classification of carcasses of cattle and pigs, the mutual recognition clause, the commitment not to increase spending and forecast a system to facilitate knowledge of the applicable quality standards in the field of law, a transitional provision derogates of Royal Decree 1945/1983 the scope of the aspects covered by this law, except for two articles related to sampling and analysis to be applied as statutorily develop this law and the transitional application of the rules governing the exercise of sanctioning powers and eight final provisions set out respectively amendments to the law 12/2013, of 2 August, on measures for improve the functioning of the food chain, and the Law 87/1978, of December 28, Agricultural Insurance, enabling the Government to develop standards of quality, competence title, faculty development, updating and sanctions entry into force.
In addition it should be noted that this law, in its preliminary phase, has consulted the sectoral representatives from production to the food industry, also being included representatives of modern distribution and other actors in the food chain. It has also been consulted all Ministries of Agriculture of the Autonomous Communities with responsibility for official food control and to gather the reports of the Technical General Secretariats of related ministries and the State Council.
Finally, this law for the defense of food quality is as basic legislation bases and coordination of general planning of economic activity, issued under the provisions of Article 149.1, rule 13th, of the Spanish Constitution.
Article 1. Purpose.
Object of this law is to establish the basic rules governing the defense of food quality, including penalties, to comply with the obligation under Article 55 of Regulation (EC) No 882/2004 of Parliament European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with the legislation on feed and food law, animal health and animal welfare or regulations that replace and as cooperation mechanisms.
Article 2. Scope.
1. This law shall apply:
A) All foodstuffs or food as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and the general requirements of food law, the European food safety Authority and laying down procedures in matters of food safety are fixed, processed or unprocessed marketed in Spain, regardless of the place of establishment of the operator in the country.
B) In facilities handling, sorting, factories, canneries, warehouses of wholesalers or wholesale distributors including so-called logistics warehouses belonging to modern distribution warehouses of importers of foodstuffs, offices intermediaries with or without commercial store, and transport between them.
2. Are excluded from its scope: health and hygiene and food safety aspects; the specific legislation of genetically modified organisms and irradiation of foodstuffs; offering for sale to the final consumer, including workers of the retail facilities; foreign trade; primary production, including legislation on animal welfare and organic production.
Article 3. Purposes.
They're purposes of this Act:
A) Contribute to generate a high level of confidence in food products through the necessary procedures to defend its quality.
B) Provide fair conditions in the framework of its activity among operators in the food chain.
C) Protect the rights of operators of the food industry and consumers, ensuring compliance with the general principle of veracity and demonstrability of the information contained in the labeling of foodstuffs.
D) To contribute to market unity and competitiveness, in addition to the transparency and clarity of the Spanish food sector.
E) Ensure coordination of control exercised over food quality by the competent authorities.
F) Ensure that the processes of production and processing of foodstuffs comply with current regulations in the European Union.
G) Establish the necessary collaboration with the food industry to address issues that affect the objectives of this law.
Article 4. Definitions.
For the purposes of this Act the following definitions apply:
A) Food or foodstuff: As set out in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002, is any substance or product intended to be ingested by human or reasonably expected to be beings, whether they have been transformed whole or in part or not. It includes drinks, chewing gum and any substance, including water, intentionally incorporated into the food during its manufacture, preparation or treatment.
B) Food quality: A set of properties and characteristics of a foodstuff or food for raw materials or ingredients used in their preparation, their nature, composition, purity, identification, origin and traceability, as well as processes, storage, packaging and marketing already used the presentation of the final product, including its effective content and information to the final consumer especially labeling.
These properties and characteristics are those laid down in the rules of mandatory food quality issued by the competent authorities in each sector, as well as the horizontal rules applicable in the scope of this law.
C) Operator: Any natural or legal person acting on the part of the food chain, which includes the facilities listed in Article 2.1.b). are not considered operators of the food chain for the purposes of this law the owners of the central markets of wholesale supply (MERCAS), subject to having such consideration wholesalers and operators of logistics and distribution which have their establishment in those markets or their areas of complementary activities.
Control systems of food quality
Article 5. Food quality and control.
Without prejudice to the official control established in the field of the European Union, the quality control is performed in the following ways:
A) official controls by the competent authority.
B) Self-control operator, which can be verified by inspection bodies and certification bodies.
C) Self-control established by a particular trade association, if any, on operators of the sector level.
D) Self-control established by a cooperative, where applicable, their partners.
Article 6. The official control.
The official control shall be made by the competent authorities in each of the stages of the food chain comprising the facilities listed in Article 2.1.b) and in each of the following activities: receiving, handling, classification, procurement, processing, processing, packaging, storage and transportation of food.
Article 7. Inspection and inspection report on the official control.
1. The performances of inspection shall be conducted by public officials in the exercise of their functions, they have the status of agents of the authority and may request the necessary support from any other public authority, and the Security Forces.
2. few consider necessary documents of companies inspected in accordance with the objective pursued in the course of their actions, in any case, shall be confidential They may seek.
Inspection services may request any information they may need for the organs of public administration and its agencies and related entities or subsidiaries included, among others, companies with public participation, professional and interprofessional organizations, which provide, when they are required to do so, the information they requested in accordance with the rules applicable in each case.
3. Inspectors are required to meet strict duty of professional secrecy mode. The breach of this duty will be punished in accordance with the rules of discipline of public administrations which provide their services.
4. In the performances of inspection, the inspector shall keep minutes in which include the information concerning the identification of the company and the person to whom the inspection is performed, detailing all the facts constituting official control and, where appropriate, the measures that had been ordered.
5. The facts noted by officials who provided authority is recognized, and are made in the minutes observing the relevant legal requirements, have probative value, notwithstanding the evidence in defense of the respective rights or interests may indicate or provide managed themselves.
6. When in the exercise of their investigative actions necessary to enter the address of the inspected constitutionally protected, the Administration must obtain the consent of that or the appropriate judicial authorization.
Article 8. Obligations of stakeholders.
1. Natural and legal persons are obliged, at the request of inspectors officials or other competent authority, to:
A) Consent conducting inspection visits and give every facility to carry it out.
B) Provide all relevant information on facilities, products or services, allowing direct verification by inspectors.
C) Facilitate copying or reproduction of this documentation is obtained.
D) Allow the timely sampling of the products or goods is practiced develop, distribute or market.
2. When at the request of the competent public administration or spontaneous statements or company documentation of any kind are contributed, they must be signed by a person representing the company and force.
Falsehood and constancy in these documents of inaccurate or incomplete information is punishable in accordance with the provisions of this law.
Article 9. Precautionary measures.
1. Inspectors officials may immobilize a precautionary measure goods, products, packaging, labels or other elements that violate the rules relating to the offenses referred to in Title III, stating on record both the object and the grounds for the intervention precautionary and and, where appropriate, the measures to be taken to prevent deterioration and ensure their integrity.
2. The precautionary measures taken by officials inspectors must be confirmed, modified or lifted, no later than fifteen days by the competent authority. In case of perishable foods, the inspector shall take into account the expiration thereof, reflecting on the scoresheet term reduction reasoned and adapted to its expiration. After this period shall be lifted if not already agreed to the initiation of disciplinary proceedings.
3. Without prejudice to the application of the provisions of paragraph 2 for the express pronouncement on time and its effects, when you can not start an infringement procedure for lack of jurisdiction because of the subject or territory, it is immediately communicated to the appropriate authority , forwarding the actions taken.
4. The competent authority in its proceedings may agree, without character of punishment, closure or temporary closure of businesses, facilities, local or conveyances that do not have permits or mandatory records or have not made communications or statements responsible, if being subject to this requirement until the defects are rectified or the requirements for them are met.
Article 10. Self-control and traceability.
1. The operators included in the scope of this law shall establish a system of self-production process operations under its responsibility, in order to meet the provisions of the relevant specific legislation and ensuring food product quality.
2. The self-monitoring system will have at least the following elements:
A) documented processes are carried out in the company procedures.
B) A sampling and analysis plan.
C) A traceability procedure according to the requirements of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and general requirements of food law, the European food safety Authority and laying down procedures in matters of food safety. In addition, when specific sectoral legislation so provides, operators shall have internal traceability procedure describe it.
3. Operators must make available to the competent authorities any information concerning the own system of self control and traceability as well as information derived or produced by it.
Shall keep such information and if the documentation at least six months from the date of minimum durability of products or expiration date.
When products have a date less than three months or without a specified expiration date, and are intended directly to consumers, the information must be kept for six months after the date of manufacture of the product in the industry or delivery in warehouse.
4. Industry associations or cooperatives established in their area self-control systems should develop a procedure to this effect and make it known to all operators in the sector or members of the cooperative entity and the competent authorities.
Article 11. Checking the operator self-monitoring food quality.
1. In the event that a quality standard or law or regulation requires a check of self by inspection bodies or certification, excluding specifications of quality figures governed by its own rules, in addition to meeting the conditions set in this article, these entities must submit a signed declaration to the competent authority of the territory where they begin their activity. It was so inform the other competent authorities of other territorial demarcations when developing its activity in its territory.
The responsible statement presented is valid to operate throughout the national territory.
2. The inspection or certification bodies must meet the following requirements:
A) Comply with the standards of the relevant sectoral legislation.
B) be accredited for the specific activity to be undertaken by the National Accreditation Body (ENAC) in accordance with the provisions of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down the requirements for accreditation and market surveillance relating to the marketing of products, and it has successfully undergone peer evaluation system set out in that regulation.
C) Communicate to the competent authorities of official control any breaches detected in the framework of inspection activities or certification.
They must keep promptly informed the competent authority of any suspension and withdrawal of accreditation or any issues regarding your activity.
Article 12. General principles.
1. Failure to comply with the provisions of food law enforcement that includes the rules of food quality mandatory issued by the competent authorities in each sector and the applicable horizontal legislation and the provisions contained in this law, shall be considered an administrative offense, which it will be rated as minor, serious or very serious according to the classification of offenses carried out in this title.
2. Penalties applicable to infringements are laid down in this title based on their rating.
3. When the services or authorities responsible for monitoring food quality appreciate in the exercise of their activity that may be health risks, move the corresponding part of the proceedings to the competent health authorities, which, in this case, will qualify the offenses under applicable health legislation.
Article 13. Minor offenses.
The following are considered minor offenses:
1. Not available at the inspected establishment of accredited certificate of official registration of the company, industry, establishment, installation, premises, means of transport, activity, food product or raw material, ingredient or substance for processing and food processing, when you are legally obliged to registration, or display it in the local correspondent of the established form.
2. Not submit the records or books of record, statements regarding food or accompanying documents without cause, where they are required to control acts of inspection, or present them with inaccuracies, errors or omissions, when the difference between the recorded amount and the right does not exceed 15% of the latter and can demonstrate otherwise the movement of products.
3. Not having identified the tanks, silos, containers and any kind of packaging bulk products or products containing, or identification of unclear or without indelibly marked form, and, where appropriate, not indicate the nominal volume or other indications referred to in the implementing legislation.
4. Failure to submit the stock declarations, processing or movement of products, or presenting incomplete, with inaccuracies, errors or omissions or present them outside the statutory period or where required before execution of processing practices and treatment of particular products if the facts constituting infringement does not affect the nature, quality, characteristics, composition, source or origin of the products covered.
5. Providing incomplete information or documentation necessary for the functions of inspection and administrative control when they are required by inspectors.
6. The expression of any of the mandatory or optional indications covered in the labeling or presentation of products, accompanying documents, business documents, records, labeling and packaging in a manner other than regulatory or where the indications stating those authorized, as well as those not regulated or authorized violate the general principles of food information to consumers.
7. Validate or authenticate the accompanying documents or commercial documents without the authorization of the competent body in the matter or not validate or authenticate them in the event that this procedure is mandatory.
8. Incurring discrepancy between the actual characteristics of the food product or raw material, ingredient or substance for processing and food marketing and providing the operator if it refers to parameters or elements whose content is limited by the implementing regulations and excessive or default does not affect its nature, identity, regulatory definition, quality, product designation or name, as long as the differences do not exceed twice the statutorily permitted for the parameter or element concerned tolerance.
9. Apply treatments, practices or processes different from that stated in the applicable standard form, provided they do not affect the composition, definition, identity, nature, characteristic or quality of food products or materials or items for food preparation.
10. Breaching the precautionary measures, provided that in the case of a purely formal breach, not classified as serious, including physical movement, without authorization of the competent authority, of the goods seized as a precautionary measure, provided that no seals or goods are violated leave the facilities that were intercepted.
11. Breaching the instructions on their activity emanating from the relevant authorities in defense of the quality of the production, processing, storage or food marketing and the requirements, obligations or prohibitions in the rules relating to the development and food marketing, including transport, provided that it is purely formal infringements not covered in the following articles.
12. Simple irregularities in the observation of its obligations under the provisions in force in matters governed by this law that are not included as serious or very serious infringements.
Article 14. Serious offenses.
The following are considered serious offenses:
1. Exercise related to any stage of production, processing or marketing of food products or raw materials, ingredients and substances for the production and food processing unauthorized activities, exercise activities not expressly stated in the permit or exercise activities for which it has been canceled its authorization, or make additions or substantial reductions, transfer, change of ownership, change of registered office or close a food industry without proper registration modification.
2. The lack of registration of products, raw materials or items, when this requirement is legally enforceable in the manner that each had been established.
3. Not keep records or books of commercial registration, not having matrix stubs sales invoices or other documents prescribed by existing provisions, have these documents with a barely legible or understandable information or manage defectively or not retain records for the game or not have it documented by an equivalent system.
4. Not having made an entry in the records when it has passed more than one month from the date on which it was recorded for traceability purposes or when not having that period of time has elapsed, the seat or seats not registered can not be justified by other documentation .
5. Inaccuracies or errors in records or statements set out in food law when the difference between the recorded amount and the correct exceeds by 15% the latter or when not rebasándola, affect the nature, quality, characteristics, composition, origin or origin of the products.
6. Not submit, submit after the deadline, the statements to be made in accordance with applicable regulations before the implementation of practical preparation and treatment of certain products, or have inaccuracies, errors or omissions in the declarations, if the facts constitute an offense affecting their nature, quality, characteristics, composition, source or origin of the products covered.
7. The installation or modification of agricultural and food industries in breach of the provisions in force concerning regulation of these industries.
8. Not have or carry a system of self-control and internal traceability, when you have an obligation to take because so by sector-specific rules or not have any of the regulatory elements in the system assurance traceability, including identification, records and documentation accompanying the products, or not having sufficient systems and procedures for traceability and updated.
9. Defraud in the characteristics of food products or raw materials or ingredients and substances for the manufacture and food marketing, especially those concerning their identity, nature, species, composition, content, description, regulatory definition, quality, wealth, weight , volume or quantity, excess moisture, content in useful principles, suitability for use or any other discrepancy between the actual characteristics and offering food operator, as well as all acts of similar nature involving a violation or breach of the provisions of the legislation.
10. Use or marketing foodstuffs or raw materials or ingredients and substances for processing and food marketing does not comply with the regulations, which have been the subject of practice, process or unauthorized treatments, which have added or subtracted substances or elements that change their composition and have products, substances, materials, equipment, machinery or authorized by the specific legislation related to the stages of production, processing or food marketing or deposit products whose identity can not be guaranteed by the presence and accuracy of the information activities elements on this product in any facility or conveyance.
11. Possession or marketing of products in bulk without being authorized to do so, as well as substances not authorized by the specific implementing legislation or the possession or marketing authorization is lacking.
12. Possession in the premises of the agricultural and food equipment, machinery or authorized by the specific legislation relating to the production, processing or marketing activities industries facilities.
13. Market products, materials or items without proper labeling, accompanying documents, commercial documents, the labeling, presentation, packaging, containers or containers that are mandatory or market them with information that mislead recipients or consumers.
14. Not in proving the accuracy of the information contained in the labeling, accompanying documents or commercial documents of foodstuffs, or those contained in the products used in their manufacture or processing.
15. Used in the labeling of foodstuffs indications that are inconsistent with the marketing standards in force in the European Union and establishes the 1st section of Chapter 1 of Title II of Regulation (EU) No 1308/2013 of Parliament European Parliament and of the Council on the common organization of the market of agricultural products is created and Regulations (EEC) No 922/72, (EEC) No 234/79 is repealed, (EC) No 1037/2001 and (EC) No 1234/2007 or with optional reserved terms authorized or any other optional particular by national regulations or the European Union or regulations that stead.
16. Do not store during the base period originals of documents accompanying products received and copies of documents accompanying products shipped.
17. Committing inaccuracies, errors or omissions of data or information on labels, accompanying documents, business documents, records, labeling, presentation and packaging, if these inaccuracies, errors or omissions relating to mandatory information.
18. Modify the true identity of food products or raw materials or ingredients or any other substance to food processing and marketing that serves to identify them.
19. Confusing or misleading with respect to food products or raw materials or ingredients or any other substance for processing and food marketing as well as issuing them, or sell them, even if that cheating is known to the receivers, buyers or consumers.
20. Resisting provide data or to provide information required by the competent bodies or the respective duly accredited to carry out the functions of information, surveillance, investigation, inspection, processing and execution in the matters referred this law agents, and provide inaccurate information or false documents, and specifically the following actions:
A) not allow access to certain premises, facilities or vehicles.
B) Do not allow sampling or performing other types of controls on the products.
C) do not justify the verifications and checks carried out on products put into circulation.
D) Failure to provide at the time of the inspection all documents and data and information that the public administration official who performs inspection tasks needed to carry out its investigation, or not allow verification.
E) Failure to provide the official who performs inspection functions, within it granted the required data or information.
F) Failure to provide the documentation required by the official who performs inspection tasks at the time of inspection or oversight within the specified period.
21. Handling, transfer or disposal in any form without permission from the competent authority intervened precautionary measure goods, provided that the seals are not violated, not be established that pose a health risk or if the goods do not leave the premises where they were intercepted.
22. Market food products without having lifted the precautionary quarantine, mobilize paralyzed vehicles or operating precautionary measure an area, an item or activity of the establishment provisionally suspended.
23. Market, to buy or purchase goods or raw materials, ingredients and substances for food processing and marketing, where such activities were the subject of interim suspension.
24. Insults and not respectful treatment to civil servants performing inspection work, auxiliary personnel and, where appropriate, instructors disciplinary proceedings.
25. Repetition of the same minor offense in the past three years. The period shall run from the date of the commission of the first offense, being necessary for its implementation, which the sanctioning resolution becomes final in administrative proceedings, if that has filed an administrative appeal.
Article 15. Very serious offenses.
The following are considered very serious infringements:
1. Grave breaches that result in serious health damage nature or which have served to provide them or covering them up.
2. Commit serious offenses involving the extension of alteration, adulteration, counterfeiting or fraud to be made by third parties to whom the substance, means or methods to achieve them, covering them up or mask them are provided.
3. Repetition of the same serious infringement in the past two years. The period shall run from the date of the commission of the first offense, being necessary for application of the sanction decision becomes final in administrative proceedings.
4. Refusing absolutely to the performance of public services inspection.
5. Coerce, intimidate, threaten or mistreat the official personnel performing inspection functions, auxiliary personnel where appropriate, instructors disciplinary records, personnel management agencies or entities control or exercise any other form severe pressure.
6. Provide food industries, for consideration or free food products or raw materials, ingredients or substances not permitted or prohibited for the production of products for which these industries are authorized.
7. Counterfeit products or marketing of counterfeit goods, provided that they do not constitute a criminal offense.
8. Handling, transfer or disposal in any form without permission intervened precautionary measure goods, provided that the seals are violated, it is established that pose a risk to health or the goods leave the premises where they were intercepted.
Article 16. Concurrence of offenses.
1. Where there are two or more violations in defense of food quality attributable for the same act the same subject will be imposed as a joint sanction corresponding to the most serious offense in the highest degree, but may exceed that represents the sum of which correspond apply if sanctioned separate infringements in which case, when this limit is exceeded infringements are penalized separately.
2. Where there are two or more offenses described in both the law on consumer protection and the defense of food quality that subject identity is appreciated, fact and foundation, in no case may punish both. To this end, in accordance with Article 25, sufficient coordination between the competent authorities in both subjects will be established.
3. When the detected violations be observed as the possible existence of criminal offense, he will spend much guilt to the competent court and refrain from following the sanctioning procedure until the judicial authority not to issue a final judgment, to take place on acquittal or the actions or return the file by the prosecution to occur.
Article 17. Responsibility for violations.
1. They are subject liable for offenses natural or legal persons and communities of property incurred in the actions or omissions typified as a violation of this law.
2. Unless the rules of the European Union, provides for a different regime of infringements packaged products are responsible firms or social reasons, including the distributor, as listed on the label, either by name or by any indication that allows its certain identification. Where fake or poor maintenance of the product is demonstrated by the holder, provided that specified in the labeling storage conditions are excepted.
Also be jointly and severally liable the manufacturer, the manufacturer or packer and distributor that is not listed on the label if it is proved that he knew the offense and consented.
For be counterfeit labels, responsibility shall lie with the forger and the people who market products knowing counterfeiting.
3. Of offenses in bulk or packaged without label or if the label does not contain a signature or company name, will be responsible for its holder, except when they can identify in some way the responsibility of a prior holder, and without prejudice the responsibility that corresponds to the current holder, including the dealer.
4. Where compliance with the obligations under this law corresponds to several persons jointly, or if the offense is attributable to several people and not reasonably practicable to determine the degree of participation of each of them, they will respond severally liable for the infringements in if any, they committed and sanctions imposed.
5. Also be liable subsidiarily responsible for the preparation and technical control over the offenses directly related to their professional activity.
6. Administrative responsibility for offenses regulated by this law shall be subject to civil or criminal liability, if any, may be required to its makers, the latter preferably being, paralyzing the administrative sanctioning procedure if it appears that the facts are also constitutive offense or when it is developing a criminal prosecution on the same facts, in accordance with Article 16.3.
7. Without prejudice to the penalties as appropriate, those responsible for violations be required to compensate the damages that had been caused and to be determined by the competent body to impose the sanction, in which cases the injured consideration of interested in process.
Article 18. Additional measures.
When goods have intervened precautionary measure, products, packaging, labels or other related offense punishable elements, the corresponding authority to resolve the disciplinary proceedings shall determine its fate. In any case, the costs incurred by the alternative destination, destruction or seizure be borne by the offender, including any compensation payable to the owner of the seized goods when this is not the offender.
Article 19. Coercive measures.
1. When the person fails to observe the very personal obligation under this law or does so incompletely, coercive fines may be imposed in order to be fully fulfilled the obligation, in the cases provided for in Article 99.1 of Law 30/1992 26 November, the Legal Regime of Public Administrations and Common Administrative Procedure.
The penalty shall be EUR 100 for each month of delay when the obligation was not related to the value of the goods and 1% of the value of the goods for each month of delay when the obligation was related to this.
2. In the case of breach of the obligation, coercive fines imposed at intervals of at least three months until full compliance with the sanction to which they relate.
3. Periodic penalty payments shall be independent and compatible with penalties that come with such by the offense.
Article 20. Sanctions.
1. The sanctions imposed by the competent authority in the relevant area shall be:
A) Minor offenses shall be punished by warning or fine of up to 4,000 euros.
B) Serious offenses will be punished with a fine between 4,001 and 150,000 euros.
C) Very serious infringements will be sanctioned with a fine between 150,001 and 3,000,000 euros.
D) The penalty imposed in any case be less in amount to the illicit profit made by the commission of offenses.
2. The competent body to resolve as a further sanction may impose any of the following measures:
A) Corrective action, control or safety to prevent the continued production of the damage.
B) Forfeiture of unidentified products or goods, products, packaging, labels or other nonconforming items.
C) Total Temporary closure, partial or company sanctioned for a maximum period of five years.
D) The withdrawal from the market of counterfeit product, where the offense concerns counterfeiting the product by replacing the species, variety or race.
Article 21. Graduation of sanctions.
For the actual determination of the penalty imposed, including those assigned to each type of infringement, the following criteria will be taken into consideration:
A) The existence of intent or negligence.
B) The concurrence of several irregularities or infringements are punished in the same procedure.
C) The nature of the damage caused; in particular, the detrimental effect that the infringement had been produced on the economic interests of consumers, prices, consumption or, where appropriate, the prestige of the figures of differentiated quality protection.
D) The volume of sales or production and the position of the offending company in the sector.
E) Recognition of the infringement and remedying the lack or the effects of it before the relevant disciplinary procedure is resolved.
F) The volume and value of the goods or products concerned by the infringement.
Article 22. Publicity of sanctions.
For reasons of exemplary or in the case of repeated offenses of a similar nature or proven intent in the infringement, the authority to resolve the dossier may agree to publish the sanctions imposed as a result of the provisions of this law.
To carry out this measure will wait the necessary time until the term of appeal is fulfilled; no show it, it will proceed to such advertising.
When you are filing administrative appeal will wait for the sentence has become final in court.
In advertising the names, corporate name of the natural or legal persons responsible and the nature and type of violations, to be inserted in the "Official Gazette", the bulletin will be included corresponding autonomous community had its name the offender, and the media deemed appropriate.
The publication of such penalties will be made at the latest within three months from the notification of the firmness of the resolution.
Article 23 Accompanying sanctions.
1. Regardless of the sanctions, the competent authorities may at their jurisdiction, for serious and very serious infringements, deletion, cancellation or total or partial suspension of all kinds of government assistance, such as loans, grants and other that any requested or ordered in the future the sanctioned company within five years. The competent authority shall decide cited in this regard according to the circumstances in each case, attendance, including the time that the withdrawal, cancellation or suspension will be maintained.
Violators will be included in a database of the Ministry of Agriculture, Food and Environment that draws on data additions made autonomous communities and the Ministry itself, for exclusive consultation by the bodies concerned, and which will be dropped when the offender has passed the corresponding period, provided that it has paid the amount of the penalty imposed. The data to be included in that list shall be established by regulation. They will be preserved with the degree of confidentiality required by Law 15/1999 of 13 December on protection of personal data.
2. In cases of serious and very serious infringements, the competent authority to impose the sanction, regardless of it, disqualify companies or operators sanctioned to engage with the public all or part administrations, for a period of five years.
3. The firm sanctions shall be immediately enforceable in accordance with the provisions of Law 30/1992 of November 26 with.
4. The penalties provided in this Act shall be consistent with the loss or withdrawal of expected economic rights in the legislation of the European Union.
Article 24. Prescription and expiry.
1. Infringements and very serious sanctions shall be six years, four years severe and mild to two years.
2. For the computation of limitation periods for offenses and penalties it will be as provided in Article 132, paragraphs 2 and 3 of Law 30/1992 of 26 November. In cases of repeated infringements, the limitation period begin to run from the time of completion of the activity or the last act by which the infringement is consumed. In the event that the constituent facts or infringement activities were unknown for lack of external signs, such period shall be computed from these manifest.
3. The deadline to resolve the disciplinary proceedings and notify the relevant resolution will be one year from the opening thereof, unless the regional rules set another superior.
4. The lack of resolution within that period will result in the expiration of the file, can be reopened, if the offense had not prescribed, preserving the sampling, the analyzes and acts, documents and transactions whose content is any remained the same not having expired the previous procedure.
5. It will expire action to prosecute violations when known by the Administration the existence of an infringement and completed proceedings aimed at clarifying the facts, which in the case of a record with sampling will be considered the date of the bulletin initial analysis, there is more than one year has elapsed without the competent authority had ordered to initiate the appropriate procedure.
Cooperation between administrations
Article 25. Collaboration and cooperation in the exercise of control.
1. Public administrations and public bodies linked or dependent, according to the rules applicable in each case, act in a coordinated manner and give due collaboration between them to make effective control actions and the enforcement of sanctions provided for in this law .
In particular collaborate and cooperate with the competent authorities relating to the defense of food quality and consumer protection.
In the exercise of their functions the competent authorities for inspection and control may request the necessary support from any other authority, the Civil Guard and, where appropriate, of any other Force and Security Corps.
The competent authorities in quality control and defense against fraud mutual administrative assistance in control procedures and penalties be provided.
2. To improve the development effectiveness of the control procedures and help maintain market unity and loyalty in commercial transactions is established as a working group Coordination Committee of the Food Quality under the Ministry of Agriculture, Food and Environment environment and be integrated with institutional character by representatives of the Central Government and the relevant regions in the control of food quality. They may be invited to collaborate, when the matter requires it, or when they need to expose any matter affecting them, the associations representing the food industry, particularly the food industry and other associations or entities.
This Bureau, which will be chaired by the Director General of the Food Industry, conduct and develop studies and technical work related to:
A) The coordination of the actions of official control for the defense of food quality programming including performances official control and organization of inspection campaigns.
B) The establishment of common criteria for the interpretation of food law.
C) Development of an annual report on results of official control activities for the defense of food quality.
D) Dissemination of food law.
E) The organization of training of staff performing official control.
F) Development of documented procedures relating to official control for the defense of food quality.
G) Conducting analysis of quality control in the whole food chain.
H) Promoting food quality.
3. To achieve the objectives set, in addition, the computer application Restricted Information Network Control System of Food Quality (RICAL), which offers quality inspectors of the autonomous communities documentation generated by the Bureau of used coordination of Food Quality.
4. Industry associations that are engaged in self-control, as stipulated in Article 5.c) of this Act, shall inform the Ministry of Agriculture, Food and Environment and the competent authorities of the autonomous communities of the results, if They deviate from the provisions of the relevant legislation so that those authorities can take appropriate action.
5. The coordination committee in its creation and operation, will be dealt with personal technical and budgetary resources allocated to the upper or governing body in which you are integrated.
6. In order to achieve maximum coordination in the work on control correspond to the various public authorities involved, statutorily established operating procedures and exchange of information and documentation, to be followed by such public administrations in cases of inspections or files in which are involved operators of more than one Autonomous Community, or to respond to the request for assistance in controls developed by competent public authorities in other member states or develop the necessary work within the framework of control plans promoted by the Union European.
Article 26. Duty of information on official control.
1. The competent regional authorities for the official control of food quality send the necessary information on such checks to the unity of the Ministry of Agriculture, Food and Environment responsible for coordination when required, on the dates and terms established in the coordinating board of food quality, following appropriate documented procedures, with the aim of achieving effective coordination on food quality throughout the Spanish territory, inform the European Commission about the effectiveness of this control in Spain and provide such information homogeneous and updated manner.
2. The overall result of these documents will be available in the mentioned Information Network System of Food Quality Control (RICAL) for all state and regional registered users.
3. a Network Information Exchange Food Quality (RIICA) among all competent authorities of official control, including the Nature Protection Service of the Civil Guard, in order to have the appropriate tools will be established to manage any impact on the field of quality, efficiency and agility required in this type of action throughout the national territory. This network coordination will be related to information exchange network that creates the authority of the European Union concerning the monitoring of food fraud.
4. The competent authorities of the autonomous communities shall inform the Ministry of Agriculture, Food and Environment of the measures taken as a result of information received from the self monitoring of partnerships, as reflected in the preceding article paragraph 4
First additional provision. sanctions regime on classification of carcasses of cattle and pigs.
1. The system of penalties for breaches of the applicable rules on classification of carcases of cattle, pigs, under Article 10 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, by the common organization of the market of agricultural products it is created and Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No repealing 1037 / 2001 and (EC) No 1234/2007 is set out in this provision.
2. Minor offenses are the following:
A) Conduct a dressing of the different channel to any of the permitted according to specific rules.
B) not mark the channel, or mark without indicating all particulars.
C) In the case of beef carcasses, use different reference presentations without applying weightings established for this purpose to adjust the weight of the carcasses. In the case of pig carcasses, use different presentations to the standard presentations defined in the Royal Decree 1028/2011, of 15 July, laying down rules concerning the classification of pig carcases established.
D) Failure to inform the supplier of the animals and, where appropriate, the farmer if requested, the result of the classification expressly indicating the category and weight, together with the weightings applied well.
E) The occurrence of repeated errors when determining the weight or classification of the channel, defined as at least a number of 20 detected in the inspection visit.
3. The following are serious offenses:
A) not carry out carcass classification in cases where it is mandatory.
B) In the case of beef, not have their staff hired any classifier with the authorization to perform the classification, at the time of the inspection. In the case of the classification of pig carcasses not have authorized equipment classification under current regulations.
C) not make the records set in the specific rules of classification of carcases or not keep records on the classification of channels the time set in the specific regulations.
D) Mobilize channels paralyzed precautionary measure.
E) The reiteration of three minor offenses for any reason or two minor recidivism for the same cause in the past three years faults.
4. Very serious infringements the following:
A) Refusing to the performance of public services inspection.
B) Vejar, coerce, intimidate or threaten the Administration personnel performing inspection duties, instructors disciplinary records, personnel management agencies or entities control or exercise any other form pressure on them, provided that such actions do not constitute a criminal offense.
C) Altering the result of carcass classification.
D) Manipulate, transfer or have any form of precautionary immobilized merchandise violation of seals, or if the goods leave the premises where they were operated without the authorization of the competent body in this field.
E) The reiteration of three serious offenses for any reason or two serious recidivism for the same cause in the past three years faults.
5. The sanctions imposed by the competent authority in the relevant area shall be:
A) Minor offenses shall be punished by warning or fine of up to 4,000 euros.
B) Serious offenses will be punished with a fine between 4,001 and 150,000 euros.
C) Very serious infringements will be sanctioned with a fine between 150,001 and 3,000,000 euros.
6. In the course of the commission of serious or very serious infringements, the competent authority to resolve as a further sanction may impose any of the following measures:
A) Corrective action, control or safety to prevent the continued production of the damage.
B) Forfeiture of carcasses.
Second additional provision. Mutual recognition clause.
This law does not apply to legally manufactured or marketed food products in accordance with other specifications in other Member States of the European Union, nor those from the countries of the European Free Trade Association (EFTA), or parts Contracting in the Agreement on the European Economic Area (EEA), or the States which have a customs agreement association with the European Union.
Third additional provision. Commitment not to increase spending.
The measures included in this law shall not result in increased allowances or salaries or other personnel costs.
Fourth additional provision. Provision of a system to facilitate knowledge of food quality standards mandatory.
The Ministry of Agriculture, Food and Environment, to facilitate understanding of the rules of mandatory food quality issued by the competent authorities for each sector articulate a system to develop periodically, for information, a list of the those regulations.
Single transitional provision. transitional period.
1. Royal Decree 1945/1983, of 22 June, the violations and penalties regarding consumer protection and agro-food production are regulated, it shall not apply to those covered in the scope of this law, except articles 15 and 16, which continue to apply as statutorily develop this law.
2. While a proper disciplinary procedure does not develop, the general procedure regulated by Royal Decree 1398/1993, of 4 August, approving the Regulation of procedure for the exercise of sanctioning powers approved shall apply.
First final provision. Modification of the preamble and Article 2 of Law 12/2013, of 2 August, on measures to improve the functioning of the food chain.
One. The seventh paragraph of Part III of the preamble, reads as follows:
"Also, the scope of Chapter I of Title II of this law is limited to trade relations of operators conducting commercial, continuous or periodic transactions, which price exceeds 2,500 euros, provided these are in any of the following situations of imbalance: "
Two. Paragraph 3 of Article 2, reads as follows:
'3. The scope of Chapter I of Title II of this law is limited to trade relations of operators conducting commercial transactions whose price exceeds 2,500 euros, provided that they are in any of the following situations of imbalance: "| ||
Second final provision. Amendment of Law 12/2013, of 2 August, on measures to improve the functioning of the food chain.
Fifth additional provision is added to read as follows:
"Fifth additional provision. Infringements and sanctions for seafood traceability not included in the scope of Law 3/2001 of 26 March, the State Maritime Fisheries.
Tenure, consignment, transportation, transit, storage, processing, display and sale, in any form, of fishery products provided by law not included in the scope of Law 3/2001 of March 26, Maritime State which do not meet the requirements traceability, labeling, health or consumer information required by current regulations will be classified as a serious offense and punishable by fine of 601 to 60,000 euros Fisheries. "
Final disposition third. Amendment of Law 87/1978 of 28 December on Agricultural Insurance.
The second additional provision is amended, which is worded as follows:
"Second additional provision. direct grant.
The State contributions to the total amount of premiums to be paid by farmers will be granted directly to farmers, as provided for in Article 22.2.b) of Law 38/2003 of 17 November, General grants, on the procedure for awarding grants. "
Fourth final provision. Quality standards.
It enables the government to adopt quality standards for food products, with the aim, among others, to adapt to the regulations of the European Union, and to simplify, modernize and enhance the existing rules and to improve the competitiveness of sector, including advances produced by technological innovation.
Final provision fifth. competential title.
This law is issued under the provisions of Article 149.1.13 of the Constitution, which grants the State competence on bases and overall coordination of economic planning.
Sixth final provision. Faculty development.
The Government is authorized to issue any provisions that may be necessary for the implementation and development of this law.
Seventh final provision. Update sanctions.
The Government is authorized to update by royal decree the amounts of the penalties established by this law.
Eighth final provision. Entry into force.
This Law shall enter into force on the day following its publication in the "Official Gazette" day.
Command all Spaniards, individuals and authorities to observe and enforce this law.
Madrid, July 30, 2015.
The Prime Minister,
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