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About Food Security * (New Edition)

Original Language Title: О продовольственной безопасности* (новая редакция)

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About food security * (new edition) this Act determines the main directions of the State policy in the field of ensuring food security, which is part of the economic security of the State, as well as establish the legal foundations for the realization of citizens ' right to a healthy and nutritious food.
 
Chapter i. General provisions article 1. Basic concepts in this Act uses the following concepts: 1) food security-the State of the economy of the State, where food independence of the country, the required level of production of vital foodstuff and food raw materials, as well as guarantees the physical and economic availability of food for the whole population in the quantity necessary for an active and healthy life;
2) ensuring food security is the development and implementation of the economic, legal and other measures aimed at the prevention of food crises, responding to the needs of the population in vital foodstuffs in accordance with sound nutritional standards;
3) food crisis-a situation in which the provision of vital foodstuff and food raw materials in accordance with sound nutritional standards is under threat in the whole or in a substantial part of the territory of a State and where this threat can only be eliminated through the use of measures of government regulation;
4) food independence of the State of food security is a condition in which a cessation of food supplies from foreign countries does not occur the food crisis;
5) State food reserves are part of the State material reserve, consisting of minimum operational stock of agricultural, food and fish products, which is intended for use in the food crisis;
_ * translated from the official language of Turkmenistan.
 
6) vital foods-foods that are on the structure and volume of the basis of the food ration of the population of Turkmenistan;
7) food raw materials-products of agriculture, forestry and fisheries, which are used for food purposes;
8) rational consumption of foods-list of foods including foods in volume and ratios to meet the modern scientific principles of optimal nutrition, approved in accordance with the legislation of Turkmenistan, takes into account the current structure and power traditions of the main part of the population;
9) the required level of food production-level production of vital foodstuff and food raw materials domestic commodity producers, calculated on the basis of the average population needs in basic foods and energy, taking into account the rational standards of nutrition, which is provided by the food security of Turkmenistan;
10) physical availability of food-the smooth flow of food to the places of their realization and consumption volume, sufficient to meet the needs of the population;
11) affordability of food-the possibility of acquiring food population prevailing prices in volume and assortment, which is not less than the prescribed norms of rational consumption of foodstuffs, provided an appropriate level of incomes of the population.
 
Article 2. Turkmen legislation on food security 1. The legislation of Turkmenistan (o) food security is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan.
2. Relations arising in the area of food safety and quality, regulated by the legislation of Turkmenistan on guaranteeing food safety and quality.
3. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply.
 
Article 3. Ensuring food security 1. Food security is ensured by the Cabinet of Ministers of Turkmenistan Turkmenistan, authorized State bodies in the area of food security and local executive authorities.
2. The basis of calculations related to the assessment of the level of food security, is the balance of the required and actual level of food production, annually approved by the Cabinet of Ministers of Turkmenistan.
3. in the event of a food crisis or threat to public administration bodies in the field of food security, for a limited time, can establish special regimes for food security, including measures to foster the distribution of food.
 
Article 4. The purpose and objectives of ensuring food security

1. The strategic objective of food security of Turkmenistan is to ensure safe agricultural, fish products and other foodstuffs, as well as the growth of consumption of Turkmenistan vital food to rational norms of consumption.
Guarantee its achievement is the stability of the domestic production, as well as the availability of the necessary reserves and stocks of food.
2. the main objectives of ensuring food security, regardless of changes in the external and internal conditions are: 1) the timely forecasting, detecting and preventing internal and external threats to food security, minimizing their negative effects due to the constant readiness of the system providing the population with food, building a strategic food reserves;
2) sustainable development of domestic production of agricultural, food and fish products, sufficient to ensure food sovereignty of the State;
3) achieving and maintaining physical and economic access for every citizen of the State of safe food in volume and assortment, which conform to rational norms of food consumption necessary for an active and healthy lifestyle;
4) creating the conditions for admission, the production and trafficking in the territory of Turkmenistan, safe and quality food products.
 
 
 
 
 
Article 5. Basic measures to ensure food security 1. Measures to ensure food security aimed at preventing a reliable internal and external threats to food security and develops simultaneously with Government projections of socio-economic development of the State.
2. In order to ensure food security, the following key measures: 1) development and implementation of legal, economic, organizational, technical and other measures aimed at the production of vital foodstuff and food raw materials;
2) uninterrupted food receipts to their consumption in the amount sufficient to meet the needs of the population;
3) ensuring population access to foodstuffs, including on concessional and preferential terms, under the current consumption structure, the system of prices and incomes;
4) creating, updating and maintenance of the public food reserve, consisting of minimum operational stock of agricultural, food and fish products;
5) ensuring State control over the compliance of food safety and quality of the produced and sold to citizens essential foods and food raw material requirements of the normative legal acts of Turkmenistan in the area of food security and normative documents on standardization and certification;
6) creation of conditions for dynamic development of the agro-industrial and fisheries complex.
3. In the sphere of production and turnover of agricultural, food and fish products implemented measures aimed at: 1) increased soil fertility and productivity, the expansion of crops at the expense of unused arable land, renovation and construction of drainage systems;
2) accelerated development of animal husbandry;
3) expanded and more intensive use of the potential of aquatic biological resources and new technologies for their industrial cultivation;
4) development and establishment of new technologies, recycling and complex processing of food raw materials, methods of storage and transportation of agricultural, food and fish products, ensuring productivity and resource conservation in agriculture and fisheries, the food industry;  
5) development of scientific potential of the agro-industrial and fisheries complex, support for new research directions in the related fields of science;
6) innovation in agriculture and fisheries;
7) development of a system of training and staff development, capable of realizing the innovation development model tasks agroindustrial and fishery taking into account requirements of food security of the State.
4. In order to ensure food security in the area of external economic policy, the following key measures: 1) ensure prompt implementation of the measures of customs-tariff regulation for the purpose of streamlining the ratios of exports and imports of agricultural, food and fish products;
2) active use of protective measures, growing imports of agricultural, food and fish products;
3) ensure effective functioning of the system of sanitary, veterinary and phytosanitary control with consideration of international rules and standards.
5. the development of Turkmenistan's foreign policy should be guided by the criteria of food security of the State.
 
CHAPTER II. The State management in the area of FOOD SECURITY, article 6. Public administrations in the field of food security

1. The State management in the area of food security is carried out by the Cabinet of Ministers of Turkmenistan, the competent authorities in the field of food security and local executive authorities.
2. the public authorities in the field of food security include: 1) authorized government authority in the field of food industry;
2) authorized government authority in the field of agriculture and water management;
3) authorized government authority in the field of trade;
4) other authorized State bodies, in accordance with the legislation of Turkmenistan.
3. The public authorities in the field of food security in accordance with the legislation of Turkmenistan, interact with the public associations in the implementation of State policy in the field of food security.
 
Article 7. Competence of the Cabinet of Ministers of Turkmenistan in the area of food security, the Cabinet of Ministers of Turkmenistan: 1) to approve the main directions of the strategy of State policy in the field of food security, defines the measures for its implementation;
2 approve state programs) ensure food security;
3) provides a uniform State policy in the field of food security;
4) coordinates the activity of State bodies, to ensure the food security of the State;
5) generates the State incentives and regulation of food production;
6) adopt normative legal acts of Turkmenistan in the area of ensuring the compliance of food safety and quality of the produced and sold food to citizens and food raw material requirements of normative documents on standardization and certification;
7) defines the objectives and tasks of the competent authorities in the field of food security and local authorities to ensure food security;
8) controls meet the needs of the population in vital foodstuffs and food raw materials, as well as the preparation of forecasts of developments in the field of food security;
9) sets in cases of emergency order providing the population with essential foodstuffs and food raw materials;
10) maintains a list of vital foodstuff and food raw materials, as well as the balance of the required and actual level of food production;
11) exercise other powers within the limits of its competence, in accordance with this law and other normative legal acts of Turkmenistan in the area of food security.
 
 
 
 
Article 8. The competence of the public authorities in the field of food security 1. The public authorities in the field of food security: 1) implement State policy in the field of food security;
2) develop and enforce State targeted programmes to ensure food security;
3) coordinate the activities of their subordinated enterprises, institutions and organizations involved in the production, storage and marketing of foodstuffs and food raw materials;
4) provide monitoring food security status on the territory of the State, collecting and analysing data on population vital foodstuffs and food raw materials, as well as the preparation of forecasts of developments in the field of food security and compliance with the requirements of this law and other normative legal acts of Turkmenistan;
5) manage public food reserve, responsible for its safety, use and renewal;
6) develop appropriate arrangements for the provision of vital foodstuff and food raw materials;
7) carry out State control for safety and quality of food and ensure that the quality of the produced and sold in Turkmenistan, the food requirements of normative legal acts of Turkmenistan;
8) exercise any other powers within the limits of its competence, in accordance with this law and other normative legal acts of Turkmenistan in the area of food security.
2. separation of the competence of the public authorities in the field of food security is carried out in accordance with the provisions on these bodies, approved by the Cabinet of Ministers of Turkmenistan.
 
Article 9. Competence of local bodies of executive power in the field of food security 1. Local authorities on their territories: 1) implement measures to carry out the State policy in the field of food security;

2) coordinate the activities of enterprises, institutions and organizations involved in the production, storage and marketing of foodstuffs and food raw materials;
3) provide the relevant State bodies with the required information on food security.
2. Local authorities are responsible for providing the population with food in accordance with the legislation of Turkmenistan.
 
Article 10. The role of NGOs in ensuring food security 1. Associations may participate in the formulation and implementation of government programmes to ensure food security, the development of relevant activities on provision of essential foodstuffs and food raw materials.
2. Public associations on food security should be considered in the order established by the legislation of Turkmenistan.
 
Article 11. The balance of the required and actual level of food production Balance required and actual level of food production in the State is the basis of calculations related to the assessment of the level of food security and food sovereignty of the State, as well as a base for planning the production of vital foodstuff and food raw materials.
 
Article 12. State control over food security 1. State monitoring of food security is carried out in order to meet the requirements of this Act, the implementation of State programmes to ensure food security and implement measures on provision of essential foodstuffs and food raw materials.
2. State monitoring of food security is carried out by the Cabinet of Ministers of Turkmenistan, State administration bodies in the field of food security and other authorized bodies within their competence.
3. State control for ensuring food security is carried out on all enterprises, institutions and organizations on the territory of Turkmenistan, production, storage and marketing of foodstuffs and food raw materials.
 
Article 13. State food reserves 1. State food reserves created in accordance with the legislation of Turkmenistan for sustainable provision of essential foodstuffs and food raw materials, as well as minimize the risk of scarcity of foodstuffs and food raw materials.  
2. the national food reserve is formed on the basis of: 1) Central Provident Fund for food;
2) agricultural stocks, fishery products, food raw materials and food purchased under the State order placement;
3) oborachivaemyh stocks of agricultural and fish products, food raw materials and food.
3. the national food reserve is designed to: 1) ensure food security of the population of Turkmenistan, as well as ensuring organizations food and processing industry of agricultural raw materials upon the occurrence of emergencies;
2) provide regulatory impact on the food market in the case of retail and food industry organizations imbalances between supply and demand for agricultural, food and fish products;
3) support organizations in the food and processing industries in order to stabilize their operations when temporary breach critical raw materials supply in case of any imbalances between supply and demand;
4) humanitarian assistance.
 
Article 14. State control of the market of food 1. State control is exercised by the Cabinet of Ministers of the food market of Turkmenistan and authorized them by public authorities on the basis of the balance of the required and actual level of food production in Turkmenistan.
2. State control food market include: 1) account of food production, supply and inventory, as well as monitoring the status of the food market;
2) control the movement of wholesale food consignments from its manufacture or import to supply consumers;
3) food safety and quality certification on conformity to requirements of normative legal acts of Turkmenistan.   
3. The Cabinet of Ministers of Turkmenistan shall be entitled to determine, if necessary, Government fixed prices for the food market in accordance with the legislation of Turkmenistan.
 
Article 15. Information and monitoring food security 1. Information and monitoring in the area of food security must include: 1) quantified balance required and actual level of food production;

2) information about the status of food production, on volume of agricultural, food and fish products, data, State and regional balance required and actual level of food production;
3) information about the volume produced in Turkmenistan and imported to the territory of Turkmenistan of foodstuffs, their movement, about the price of the produce, the quality, as well as the dynamics of consumption during the calendar year;
4) analysis of the status and trends of the development of domestic and foreign market of agricultural, food and fish products;
5) information on the existence and the amount of food the State food reserve;
6) information on the availability and status of warehouses for the storage of public food reserve;
7) data on turnover of wholesale trade in agricultural, food and fish products;
8) information about the execution of governmental programmes, treaties, agreements in the area of food security and the implementation of activities for the provision of vital food, agricultural, food and fish products;
9) compliance with regulatory legal acts of Turkmenistan, including norms and standards in the field of food security.
2. the procedure for the provision of information in the field of food security is determined by the Cabinet of Ministers of Turkmenistan.
 
CHAPTER III. DISPUTE RESOLUTION in the field of food security and LIABILITY for VIOLATION of the LEGISLATION of TURKMENISTAN on food security Article 16. Resolution of disputes arising in the area of food security disputes arising in the area of food security, are resolved in the order established by the legislation of Turkmenistan.
 
Article 17. Liability for violation of the legislation of Turkmenistan on food security violation of the legislation of Turkmenistan on food security entails responsibility in accordance with the legislation of Turkmenistan.
 
CHAPTER IV. Final clauses article 18. International cooperation of Turkmenistan in the area of food security, international cooperation of Turkmenistan in the area of food security is carried out in accordance with the law and international treaties to which Turkmenistan is a party.
 
Article 19. The entry into force of this Act, this Act shall enter into force on the day of its official publication.
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat November 23, 2016, no. 479-V.