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Dairy

15/ 11/ 2016
  On 8 November 2016 the State Service of Ukraine on food safety and consumer’s protection (SSFSCP) issued the Order №408 “On certain issues of recording imported consignments with sanitary objects, from which the samples for laboratory investigations are taken”. This Order envisages mandatory indication of reason for taking the samples of foodstuffs for laboratory investigations in the special Register which is now to be added to the sampling report. For the last few months EBA Dairy Committee members complained about non-justified sampling of products imported to Ukraine, for laboratory investigations. In particular, every second batch of imported goods subject to physical inspection – automatically used to be selected for laboratory investigations, which caused significant financial costs for the companies. At the same time, the p.8 of the Article 55 of the Law of Ukraine “On the basic principles and requirements to food safety and quality” №771/97-VR of 23 December 1997 (the Law) provides the comprehensive list of reasons for taking samples for laboratory investigations. However, those specific reasons according to the above-mentioned provision were not provided neither in course of sampling, nor in the replies to the formal requests made by companies. During the working meetings with the Head and experts of SSFSCP, as well as with the Deputy Minister of agrarian policy and food on European integration, which were initiated on this issues, EBA representatives proposed, as an option, amending the sampling report by indicating the specific reasons of taking samples for laboratory investigations. As a result of the meetings and discussions, SSFSCP issued the Order, by which not only obliged the heads of regional services of state veterinary and sanitary control at the border to take under special control the execution of the p.8 of the Article 55 of the Law, which specifies the reasons for mandatory laboratory investigations, but also to indicate the reasons for taking samples for laboratory investigations in the Register (to be added to the sampling report) and to provide the detailed information regarding the sampling reasons in case of written requests by companies within 8 hours. European Business Association would like to thank the Head of SSFSCP Mr Volodymyr Lapa, Deputy Minister of agrarian policy and food on European integration Ms Olga Trofimtseva and all experts who put their efforts for the improvement of the situation with sampling at the border. We also hope for the practical effective enforcement of this Order and, thus, for the reduction of financial burden on business. Legal background Order “On certain issues of recording imported consignments with sanitary objects, from which the samples for laboratory investigations are taken” №408 of 8 November 2016 (Order №408) obliges the heads of regional services of state veterinary and sanitary control at the border and transport: - to take under special control the execution of the p.8 of the Article 55 of the Law Ukraine “On the basic principles and requirements to food safety and quality” №771/97-VR of 23 December 1997, which specifies four reasons for mandatory laboratory investigations (pp. 1.1 of p.1 of the Order №408); - to provide the detailed information regarding the sampling reasons in case of written requests by companies within 8 hours (pp. 1.3 of p.1 of the Order №408); - to add to the sampling report the filled Register about the sampling reasons (pp. 1.4 of p.1 of the Order №408).

On 8 November 2016 the State Service of Ukraine on food safety and consumer’s protection (SSFSCP) issued the Order №408 “On certain issues of recording imported consignments with sanitary objects, from which the samples for laboratory investigations are taken”. This Order envisages mandatory indication of reason for taking the samples of foodstuffs for laboratory investigations in the special Register which is now to be added to the sampling report.

For the last few months EBA Dairy Committee members complained about non-justified sampling of products imported to Ukraine, for laboratory investigations. In particular, every second batch of imported goods subject to physical inspection – automatically used to be selected for laboratory investigations, which caused significant financial costs for the companies. At the same time, the p.8 of the Article 55 of the Law of Ukraine “On the basic principles and requirements to food safety and quality” №771/97-VR of 23 December 1997 (the Law) provides the comprehensive list of reasons for taking samples for laboratory investigations. However, those specific reasons according to the above-mentioned provision were not provided neither in course of sampling, nor in the replies to the formal requests made by companies.

During the working meetings with the Head and experts of SSFSCP, as well as with the Deputy Minister of agrarian policy and food on European integration, which were initiated on this issues, EBA representatives proposed, as an option, amending the sampling report by indicating the specific reasons of taking samples for laboratory investigations.

As a result of the meetings and discussions, SSFSCP issued the Order, by which not only obliged the heads of regional services of state veterinary and sanitary control at the border to take under special control the execution of the p.8 of the Article 55 of the Law, which specifies the reasons for mandatory laboratory investigations, but also to indicate the reasons for taking samples for laboratory investigations in the Register (to be added to the sampling report) and to provide the detailed information regarding the sampling reasons in case of written requests by companies within 8 hours.

European Business Association would like to thank the Head of SSFSCP Mr Volodymyr Lapa, Deputy Minister of agrarian policy and food on European integration Ms Olga Trofimtseva and all experts who put their efforts for the improvement of the situation with sampling at the border. We also hope for the practical effective enforcement of this Order and, thus, for the reduction of financial burden on business.

Legal background

Order “On certain issues of recording imported consignments with sanitary objects, from which the samples for laboratory investigations are taken” №408 of 8 November 2016 (Order №408) obliges the heads of regional services of state veterinary and sanitary control at the border and transport:

– to take under special control the execution of the p.8 of the Article 55 of the Law Ukraine “On the basic principles and requirements to food safety and quality” №771/97-VR of 23 December 1997, which specifies four reasons for mandatory laboratory investigations (pp. 1.1 of p.1 of the Order №408);

– to provide the detailed information regarding the sampling reasons in case of written requests by companies within 8 hours (pp. 1.3 of p.1 of the Order №408);

– to add to the sampling report the filled Register about the sampling reasons (pp. 1.4 of p.1 of the Order №408).

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