In the field of business inspections, the next news. Now we have a new law on state control
over compliance with legislation on food products, feed, animal by-products, animal health
and welfare.
First, the law defines the list of market operators. These are food service operators, feed
operators of the market, capacity operators and market operators in the field of handling of
by-products with animal origin. That is, all enterprises engaged in food production, sale and
circulation, including restaurants.
Among the measures are audits and inspections, sampling, laboratory testing, documentary
check, conformity check, etc.
Inspections will be carried out without notice, except of audit and other situations where the
notice is necessary to ensure efficiency. At the same time, a risk-oriented approach was
established. Moreover, one of the principle is the presumption legality of the actions of the
entity in case of ambiguous interpretation of the law.
The reason for the planned measures is, of course, the plan, for unplanned – information
about the discrepancy (from any sources) or a reasonable suspicion of the discrepancy.
What the reasonable suspicion means is not clear yet.
Such forms of control as inspection and audit are carried out in accordance with an act
containing the list of issues (subject to verification). If there are no specific issues in the act
– it is forbidden to inspect them.
There is a difference between audit and inspection. The audit concerns ongoing procedures
and includes verification of documentation, processes, systems of internal control,
qualifications of employees, as well as actions taken after the analysis. The audit results
further affect the risk degree of the activity. One inspector can not conduct two audits of one
entity in a row.
Inspections concern to hygiene, safety incidents, action plan for violations, and includes
verification of premises, territories, equipment, raw materials, etc.
Sampling includes getting two identical samples. One sample is provided to the laboratory
for the main study, the other one – keeps for arbitration. The procedure of sampling is fixed
in the act.
For alternative tests, a larger number of samples can be selected.
The arbitration is conducted in case of disagreement with the results of the basic tests.
Particular attention deserves the inspector`s right of free entrance to the facilities without
notice, but only during their work.
The law sets new fines from 11,169.00 UAH to 186,150.00 UAH. The fine depends on the
type of business – individual entrepreneur or legal entity.
The biggest fine is set for failure to comply with the decision to stop production.
Under the new law, business expect new inspections and new fines. Audits without notice
and bigger fines in many areas indicates an increase in pressure on business. At the same
time, the government has promised the risk-oriented approach. You always must remember
about your rights during inspections and prevent any violations by the control authorities. In
case of illegal decisions, appeal it.
For detailed consultation or support of conducting the inspection, as well as, if necessary,
appeal their results, contact us.]]>
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