24/ 05/ 2012

As an interim result of EBA’s lobbying efforts, on 21 May 2012 the Draft Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Food Products Safety” No 10495 was registered in Verkhovna Rada of Ukraine.

Background: Control over the safety and quality of food products by different institutions (i.e. the State Veterinary and Phytosanitary Service of Ukraine, the State Inspection for Consumer Rights Protection and the State Plant Quarantine Service of Ukraine) led to the one and the same product undergo several identical tests at different laboratories, meaning additional financial and administrative expenses for food producers.

The existing structure of control over the safety and quality of food products has a number of drawbacks. In particular, at the initial stage of regulation and identification of control powers there are cross regulations and duplication of functions by the authorised state bodies, which have a negative impact on the overall system’s efficiency.

Besides, there are inconsistencies in legal provisions and misunderstandings in jurisdiction that lead to the   inefficiency of control and gaps in its organisation. Also it is obvious that Ukraine faces the problem of poor coordination at the national level and at the level of individual agencies that monitor food policy and exercise control over the safety of food products.

Some key solutions proposed by the Draft Law are in line with the EBA proposals:

There will be a single authority responsible for food products control – the State Veterinary and Phytosanitary Service of Ukraine.

The Draft specifies the producers’ obligations for the HACCP system implementation; establishes the new requirements for hygiene facilities where food products are processed instead of old sanitary rules and regulations; determinates the terms and methods of ingredients identification (food additives, colorings, flavorings, etc.); specifies the terms “safe” and “dangerous product”, defines the criteria for their estimation; establishes the 0,9% threshold for GMO labelling according to the European norms and makes labeling “without GMO” voluntary for the producer; cancelation of more than 30 unnecessary documents and agreements and producers declaration.

We are happy to share this progress with our members and inform that the EBA will take further action to ensure adoption of these legislative initiatives in line with EBA member companies’ interests.

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