Food Act1
Passed 25.02.1999
RT I 1999, 30, 415
Entered into force in accordance with § 66
Amended by the following legal instruments (show)
| Passed | Published | Entry into force |
|---|---|---|
| 16.06.1999 | RT I 1999, 58, 608 | 01.04.2000 |
| 14.11.2001 | RT I 2001, 93, 566 | 01.01.2002 |
| terviktekst RT paberkandjal | RT I 2002, 13, 81 | |
| 19.06.2002 | RT I 2002, 61, 375 | 01.08.2002 |
| 19.06.2002 | RT I 2002, 63, 387 | 01.09.2002 |
| 03.12.2002 | RT I 2002, 102, 603 | 17.12.2002 |
| 08.04.2004 | RT I 2004, 27, 177 | 01.05.2004 |
| 22.04.2004 | RT I 2004, 34, 236 | 01.05.2004 |
| 01.06.2006 | RT I 2006, 28, 211 | 01.07.2006 |
| 06.12.2006 | RT I 2007, 1, 1 | 01.02.2007 |
| 14.02.2007 | RT I 2007, 22, 114 | 01.04.2007 |
| 14.02.2007 | RT I 2007, 22, 114 | 01.07.2007 |
| 20.03.2008 | RT I 2008, 16, 115 | 21.04.2008 |
| 30.09.2009 | RT I 2009, 49, 331 | 01.01.2010 |
| 10.12.2009 | RT I 2009, 64, 423 | 01.01.2010, in part 20.01.2010 |
| 22.04.2010 | RT I 2010, 22, 108 | 01.01.2011, will enter into force on the date specified in the decision of the Council of the European Union concerning abrogation of the derogation established with regard to the Republic of Estonia on the basis of Article 140(2) of the Treaty on the Functioning of the European Union, Decision No 2010/146/EU of the Council of the European Union of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24 26). |
| 15.09.2010 | RT I 2010, 72, 542 | 15.10.2010 |
| 13.01.2011 | RT I, 19.01.2011, 21 | 20.01.2011 |
| 23.02.2011 | RT I, 25.03.2011, 1 | 01.01.2014 |
| 30.01.2013 | RT I, 12.02.2013, 3 | 22.02.2013, in part 01.06.2013 |
| 15.05.2013 | RT I, 01.06.2013, 1 | 01.07.2013 |
Chapter 1 GENERAL PROVISIONS
§ 1. Scope of application of Act
(1) This Act provides the grounds for handling food and raw material, the self-checking of a food business operator, and state supervision in order to ensure food safety and the compliance of food with other requirements. Where appropriate, the provisions of this Act also apply to the materials and articles specified in Article 1(2) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, pp. 4–17).
(2) This Act does not apply to the activities intended for private domestic use or consumption provided for in Article 1(3) of Regulation (EC) No 178/2002 laying down the general principles and safety requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 031, 01.02.2002, pp. 1-24). This Act also does not apply to the activities provided in Article 1(3) of such Regulation if such activities are performed with the purpose of teaching students in educational establishments or for teaching, developing or assisting persons staying in welfare institutions.
(3) This Act does not apply to narcotic and psychotropic substances, tobacco, tobacco products and to the medicinal products specified in the Medicinal Products Act.
(4) This Act applies to the handling of alcohol and water insofar as the handling of alcohol and water is not regulated by other legislation.
(5) The provisions of the Administrative Procedure Act apply to the administrative procedure laid down in the legislation of the European Union, this Act and the legislation established on the basis thereof, taking account of the specifications of the legislation of the European Union and this Act.
(51) In events provided for in an international agreement, this Act applies with the differences arising from the agreement.
[RT I, 01.06.2013, 1 - entry into force 01.07.2013]
(6) The Government of the Republic or the Minister of Agriculture may establish, within the limits of their competence, legislation for taking measures relating to food in matters that, pursuant to the legislation of the European Union, a Member State has the right to decide.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 2. Food
For the purposes of this Act, ‘food’ means a substance or product specified in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 3. Primary production and primary product
(1) For the purposes of this Act, ‘primary production’ means an activity specified in Article 3(17) of Regulation (EC) No 178/2002 of the European Parliament and of the Council.
(2) For the purposes of this Act, ‘primary product’ means a products specified in Article 2(1) of Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs (OJ L 139, 30.04.2004, pp. 1-54).
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 4. [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
§ 5. [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
§ 6. Food business operator and food handling
(1) For the purposes of this Act, ‘food business operator’ means a person specified in Article 3(13) of Regulation (EC) No 178/2002 of the European Parliament and of the Council
(2) For the purposes of this Act, ‘handling of food’ (hereinafter handling) means an activity within the stages or production, processing and distribution of food provided in Article 3(16) of Regulation (EC) No 178/2002 of the European Parliament and of the Council.
(3) For the purposes of this Act, ‘retail’ means an activity specified in Article 3(7) of Regulation (EC) No 178/2002 of the European Parliament and of the Council.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
Chapter 2 NOTIFICATION AND APPROVAL OF BUSINESSES
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 7. Notification
(1) A food business operator is required to notify the Veterinary and Food Board of a food business specified in Article 6(2) of Regulation (EC) No 852/2004 of the European Parliament and of the Council before the handling of food is commenced in the food business.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(2) Notice need not be given of the following:
1) a food business which is subject to approval pursuant to § 8 of this Act or Article 6(3)(b) or (c) of Regulation (EC) No 852/2004 of the European Parliament and of the Council;
2) a food business whose livestock building, civil engineering works or an area which is enclosed for the keeping of animals has been registered in the register of farm animals on the basis of the Infectious Animal Disease Control Act;
3) a food business operator who has been registered based on the Trading Act in the register of economic activities as a person engaged in the retail or wholesale trade of food or catering;
4) a food business operator who holds an activity licence for handling medicinal products, which has been registered, based on the Medicinal Products Act, in the register of activity licences for handling medicinal products;
5) a food business concerning which, pursuant to Article 1(2)(c) of Regulation (EC) No 852/2004 of the European Parliament and of the Council or Article 1(3)(c) of Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ L 139, 30.04.2004, pp. 55–205), the requirements established by such Regulations do not apply.
(3) In the event specified in subsection (1) of this section, a food business operator shall submit a request for written notification to the Veterinary and Food Board. The sample form of the notification application shall be published on the website of the supervisory authority.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(4) The following information shall be set out in a request for notification:
1) the name, personal identification code or registry code and telecommunication numbers of the food business operator and representative thereof;
2) the address of the food business operator;
3) the seat and address of the business (the place of business of the food business operator);
4) the field of handling activities.
§ 8. Businesses subject to approval
(1) In addition to the food businesses subject to approval in compliance with Article 6(3)(b) and (c) of Regulation (EC) No 852/2004 of the European Parliament and of the Council, the following shall be approved:
1) a food business which handles primary products of animal origin in a manner which does not alter the initial shape and characteristics thereof, excluding a food business which engages in the primary production of such products, or in operations by the producer with such products within the meaning of Regulation (EC) No 852/2004 of the European Parliament and of the Council, or in the carriage of food;
2) a food business that handles primary products of non-animal origin in a manner that alters the initial shape and characteristics thereof;
3) a food business which engages in the processing of food, including manufacture or packaging of food, except packing primary products of non-animal origin;
[RT I 2007, 22, 114 - entry into force 01.04.2007]
4) a business engaged in storing food that must be stored at temperatures different from room temperature in order to ensure the safety of food;
[RT I 2007, 22, 114 - entry into force 01.04.2007]
5) a food business engaged in retail (hereinafter retail business) and handling of food which must be stored at temperatures different from room temperature in order to ensure the safety of food.
(2) The food businesses specified in Chapter III of Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council are not subject to approval, except for food businesses in which foodstuffs of animal origin are handled and marketed for other handlers.
[RT I 2007, 22, 114 - entry into force 01.04.2007]
(3) The specific list of the types of food businesses subject to approval in different spheres of food handling, the requirements for the content of applications for approval, a list of documents to be annexed to the applications and the procedure for processing of applications shall be established by the Minister of Agriculture.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
§ 9. Approval
(1) Approval is a procedure for the assessment and attestation of the conformity of businesses engaged in the handling of food, and parts of such businesses to the requirements provided by Regulations (EC) No 852/2004 and 853/2004 of the European Parliament and of the Council and other relevant legislation relating to food.
(2) If pursuant to § 8 of this Act, a food business must be approved, then handling of food in such business is permitted only after the business has been approved.
(3) The compliance of a business with the requirements shall be assessed and confirmed in whole or, if the parts of the business are located separately or several spheres of handling are performed, in parts.
(4) Approval of a business shall be arranged by spheres of handling and for the conditions of handling a specific food group in the food business undergoing approval.
(5) Approval shall be decided, based on a written request of the food business operator, by the Veterinary and Food Board.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(6) A food business operator shall give notice of any changes to the construction, manufacturing process or organisation of work of the food business and any other restructuring which change the conditions which existed upon approval, and of the suspension or termination of handling to the supervisory agency which organised approval by sending a corresponding written notice to the latter.
§ 10. Decision to approve business
(1) The supervisory agency shall check the compliance of a business with the requirements referred to in subsection 9 (1) of this Act. If the business is found to be compliant, the supervisory agency shall make a decision to approve the business.
(2) In the cases and for the term specified in Article 31(2) Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.04.2004, pp. 1–141) and Article 3 of Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ L 139, 30.04.2004, pp. 206–319), the supervisory agency may make a decision of conditional approval.
(3) If, on the basis of assessment results, a business does not comply with the requirements, the business shall not be approved.
(4) The supervisory agency shall make the decision within 20 working days after receipt of the application and the information and documents specified in the procedure for processing applications for approval established on the basis of subsection 8 (3) of this Act.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(5) If a decision of conditional approval has been made concerning a business, the supervisory agency shall make, within the term specified in Article 31(2) Regulation (EC) No 882/2004 of the European Parliament and of the Council and Article 3 of Regulation (EC) No 854/2004 of the European Parliament and of the Council, a decision of approval or a decision to deny approval. Before the end of the term of the decision of conditional approval, the food business operator may submit a written application for the making of a decision of approval.
(6) A decision on approval or a decision to deny approval shall be issued to the food business operator against a signature or sent by mail.
§ 11. Suspension and revocation of decision to approve
(1) In the events provided in Regulations (EC) No 882/2004 and 854/2004 of the European Parliament and of the Council or on the basis of a corresponding request of the food business operator, the supervisory agency which made the decision to approve, shall make a decision to suspend or revoke, in part or in full, the decision to approve.
[RT I 2007, 22, 114 - entry into force 01.04.2007]
(2) The business concerning which a decision to approve is revoked or suspended shall immediately terminate or suspend handling to the extent set out in the decision.
(3) The validity of a decision to approve shall be restored and the food business operator shall have the right to continue the activity permitted by the decision, if the food business operator has eliminated the circumstances which caused the suspension of the decision to approve, has submitted a written request for the revocation of the decision to suspend the decision to approve and such decision has been revoked.
(4) A decision to suspend a decision to approve, decision to revoke a decision to suspend a decision to approve or a decision to revoke a decision to approve shall be issued to the food business operator against a signature or sent by post.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
Chapter 3 REQUIREMENTS FOR FOOD
§ 12. General requirements
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(1) Food to be placed on the market shall be safe for human health and shall comply with other requirements provided for in this Act and other legislation (hereinafter compliant).
(2) Food shall not contain parasites, pests or foreign substances that harm the properties of the food or endanger human health.
(3) It is prohibited to handle food which is spoilt or contaminated or which does not comply with microbiological requirements, or food spoilt as a result of the use of an unsuitable manufacturing process or due to odour, flavour, colour or other circumstances that are not characteristic of the food. The Government of the Republic may establish the microbiological requirements for food groups.
(4) In addition to the provisions of this Chapter, food shall comply with the composition and quality requirements characteristic of the food. The Government of the Republic shall establish the composition and quality requirements by food groups.
(5) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
§ 13. Novel food and genetically modified food
(1) Novel food within the meaning of Regulation (EC) No 258/97/EC of the European Parliament and of the Council concerning novel foods and novel food ingredients (OJ L 043, 14.2.1997, pp. 1–6) may be placed on the market only in compliance with the requirements of the Regulation.
(2) Genetically modified organisms and genetically modified food used for human consumption within the meaning of Regulation (EC) No 178/2002 of the European Parliament and of the Council on genetically modified food and feed (OJ L 268, 18.10.2003, pp. 1-23) may be placed on the market only in compliance with the requirements of the said Regulation.
(3) The assessment body within the meaning of Article 4(3) of Regulation 258/97/EC of the European Parliament and of the Council, and the competent authority within the meaning of Article 5(2) of Regulation (EC) No 1829/2003 of the European Parliament and of the Council shall be the Veterinary and Food Board.
(4) For the performance of duties arising from subsection (3) of this section the Veterinary and Food Board may request an opinion of the Advisory Committee of Novel Foods established by the Minister of Agriculture, including experts of the following sectors:
1) technology of food products;
2) chemistry of food products;
3) biotechnology;
4) gene technology;
5) toxicology;
6) microbiology;
7) medical science;
8) dietary science;
9) consumer protection, legislation on food and food surveillance;
10) veterinary medicine;
[RT I 2010, 72, 542 - entry into force 15.10.2010]
11) feeding science.
[RT I 2010, 72, 542 - entry into force 15.10.2010]
(5) The activities of the Advisory Committee of Novel Foods shall be financed from the state budget through the budget of the Veterinary and Food Board.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 14. Food for particular nutritional uses
(1) ‘Food for particular nutritional uses’ means food which is intended for persons with nutritional needs differing from normal nutritional needs due to disturbed digestive processes or metabolism or due to a special physiological condition and which is therefore prepared using a special manufacturing process or which has a different composition from food for normal consumption. Infant food and food for young children is also deemed to be food for particular nutritional uses.
(11) If food for normal consumption is suitable for persons specified in subsection (1) of this section and reference thereto is intended to be made in the information provided concerning the food, requirements established for food for particular nutritional uses shall apply to such food for normal consumption.
(2) Food for particular nutritional uses shall comply with the requirements, be clearly distinguishable from food for normal consumption and be used for the declared purposes.
(3) [Repealed – RT I 2004, 27, 177 – entry into force 01.05.2004]
(4) [Repealed – RT I 2004, 27, 177 – entry into force 01.05.2004]
(5) Having regard to the purpose of the use of food for particular nutritional uses and the special characteristics of food groups, the Government of the Republic shall establish the composition and quality requirements for food for particular nutritional uses, requirements for the substances used to prepare food for particular nutritional uses and requirements for the handling of food for particular nutritional uses.
(51) Upon the first placing on the market of the food for particular nutritional uses, which is prescribed for medical reasons or concerning which there are no requirements established according to subsection (5) of this section, the person responsible for placing food on the market is required to inform the Veterinary and Food Board not later than on the day when the food is placed on the market by delivering by post the specimen of labelling to be used with the food for particular nutritional uses to be placed on the market, together with the notice containing at least the following information:
1) the name, residence or seat, and telecommunications numbers of the person responsible for placing on the market of food;
2) the name of the food;
3) the date of placing on the market of the food for particular nutritional uses.
[RT I 2008, 16, 115 - entry into force 21.04.2008]
(52) If the same food for particular nutritional uses has been placed on the market of another member state of the European Union, the person responsible for placing on the Estonian market of the food for particular nutritional uses has to deliver to the Veterinary and Food Board:
1) the specimen of the labelling to be used with the food for particular nutritional uses to be placed on the market;
2) the notice referred to in subsection (51) of this section;
3) the information concerning the supervisory authority who was notified upon the first placing on the market of the food for particular nutritional uses, except in the event of an infant formula;
[RT I 2008, 16, 115 - entry into force 21.04.2008]
(53) If necessary, the Veterinary and Food Board may request from the person responsible for placing on the market of food for particular nutritional uses additional scientific information proving the existence of the special characteristics of such food. If this information is public, a reference to such publication or other permanent place of access is sufficient.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(6) [Repealed – RT I 2004, 27, 177 – entry into force 01.05.2004]
(7) [Repealed – RT I 2004, 27, 177 – entry into force 01.05.2004]
(8) [Repealed – RT I 2004, 27, 177 – entry into force 01.05.2004]
(9) [Repealed – RT I 2004, 27, 177 – entry into force 01.05.2004]
§ 141. Food supplement
(1) ‘Food supplement’ means food the purpose of which is to attribute to the food for normal consumption and which is a concentrated source of nutrients or other substances with nutrient or physiological effect. These substances may be presented individually or in combinations and shall be placed on the market in sales packaging and in specified doses, such as capsules, pastilles, tablets and other similar products, as well as sachets of powder, ampoules with liquid, drop-bottles, etc., designed for using liquid or powder in small measured quantities.
(2) Upon the first placing on the market of a food supplement, the person responsible for placing it on the market is required to inform the Veterinary and Food Board not later than on the day when it is placed on the market by delivering by post the specimen of labelling to be used with the food supplement, together with the notice containing at least the following information:
[RT I 2007, 22, 114 - entry into force 01.07.2007]
1) the name, residence or seat, and telecommunications numbers of the person responsible for placing on the market of food;
2) name of the food supplement;
3) the date of placing on the market of the food supplement.
§ 15. Frozen food
(1) ‘Frozen food’ means food that has been subjected to a freezing process and then stored at the temperature prescribed for the food or raw material for food. In order to ensure the compliance of such food with the requirements, the period of freezing shall be as short as possible.
(2) The requirements provided for in Regulations (EC) No 852/2004 and 853/2004 of the European Parliament and of the Council and in other legislation and the special requirements for handling frozen food established by the Government of the Republic shall be observed during handling frozen food.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 16. Food additive
(1) For the purposes of this Act, ‘food additive’ means a substance specified in Article 3(2)(a) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives (OJ L 354, 31.12.2008, pp. 16–33).
[RT I 2009, 64, 423 - entry into force 20.01.2010]
(2) It is permitted to use a food additive in accordance with the requirements provided for in Regulation (EC) No 1333/2008 of the European Parliament and of the Council.
[RT I, 12.02.2013, 3 - entry into force 22.02.2013]
(3) [Repealed – RT I, 12.02.2013, 3 – entry into force 01.06.2013]
(4) Food additive that comply with the requirements provided for in Commission Regulation (EU) No 231/2012, laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.03.2012, pp. 1-295), are permitted in food.
[RT I, 12.02.2013, 3 - entry into force 22.02.2013]
§ 17. Artificial flavourings
(1) For the purposes of this Act, ‘artificial flavourings’ means products specified in Article 3(2)(a) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC.
[RT I, 12.02.2013, 3 - entry into force 22.02.2013]
(11) Artificial flavourings may be used in food in accordance with the requirements provided for in Regulation (EC) No 1334/2008 of the European Parliament and of the Council.
[RT I, 12.02.2013, 3 - entry into force 22.02.2013]
(2) The competent authority within the meaning of Article 7(2) of Regulation (EC) No 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods (OJ L 309, 26.11.2003, pp. 1–8) shall be the Veterinary and Food Board.
[RT I, 19.01.2011, 21 - entry into force 20.01.2011]
§ 18. Processing aid
(1) For the purposes of this Act, ‘processing aid’ means substances specified in Article 3(2)(a) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council.
[RT I, 12.02.2013, 3 - entry into force 22.02.2013]
(2) The Government of the Republic shall establish the requirements for processing aids, the conditions and methods of use thereof and the permitted levels of residue content in food.
§ 19. Contaminant
(1) ‘Contaminant’ means a substance which is present in food as a result of substances used in the primary production, or which is present during handling or as a result of environmental contamination, and which may endanger human health or harm the properties of the food.
(2) [Repealed – RT I 2007, 22, 114 – entry into force 01.04.2007]
(3) The Minister of Agriculture may establish the list and levels of permitted contaminants by food groups. The Minister of Agriculture shall establish the procedure for the regulation of supervision of contaminants in order to ensure the safety of food of animal origin.
[RT I 2007, 22, 114 - entry into force 01.04.2007]
§ 20. Food counterfeiting
(1) It is prohibited to counterfeit food and handle counterfeit food.
(2) The following is deemed to be counterfeiting:
1) alteration of the composition of food without alteration of the labelling;
2) alteration of labelling without alteration of the actual composition;
3) addition of other substances in any manner to food or processing food with such substances in order to conceal the lower value of the food or non-compliance of the food with the requirements;
31) non-compliant use of a health mark or identification mark on the labelling;
4) handling during which the business name or trade mark of another undertaking is used without the permission of the undertaking.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
Chapter 4 GENERAL REQUIREMENTS FOR HANDLING
§ 21. Ensuring compliance of food upon handling
(1) Handling shall be carried out in compliance with the requirements provided for in this Act and other legislation and during handling it shall be ensured that the food that is obtained complies with the requirements.
(2) During handling it is prohibited to use substances or materials whose composition or effect on humans is not known, which do not conform to the requirements provided for in legislation, or the use of which is prohibited by legislation.
(3) It is prohibited to store substances and materials which may cause the contamination of food or harm the properties thereof at handling sites.
(4) If, as a result of examinations, the harmfulness of a treatment or substance to human health becomes evident, it shall be prohibited to use it upon handling food. The Government of the Republic shall establish the list of treatments and substances that are prohibited upon handling food. The Government of the Republic shall establish special handling requirements for treatments and substances that may be used upon handling food in certain events and the requirements shall set out the permitted events and the manner of use of such treatments and substances.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 22. Duties of food business operator upon handling
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(1) A food business operator is responsible for the compliance of handled food and handling with the requirements, and is required to seize every opportunity in order to ensure such compliance.
(2) A food business operator shall observe the storage requirements which are set out on the packaging or in the accompanying document of food and which are determined by the producer or processor, including the manufacturer or packager of the food, on the basis of shelf life tests or the storage requirements for food established by the Minister of Agriculture. The Minister of Agriculture shall establish storage requirements by food groups based on the potential hazard to human health caused by the food. The Government of the Republic shall establish the procedure for conducting shelf life tests.
(3) A food business operator shall not accept, use during handling or distribute food that does not comply with the requirements.
(4) It is prohibited to use food of animal origin if the animal has been treated with medicinal products or substances having a hormonal action and the withdrawal period after use thereof has not ended.
[RT I 2008, 16, 115 - entry into force 21.04.2008]
(5) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
(6) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
(7) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
§ 23. Traceability of food
A food business operator shall guarantee the traceability of food pursuant to Article 18 of Regulation (EC) No 178/2002 of the European Parliament and of the Council.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 24. Technical description of food
(1) Upon preparation of food, except preparation of food marketed only on the premises of mass caterers, a food business operator shall observe the requirements of the technical description of food which is selected or prepared by the food business operator.
(2) For the purposes of this Act, ‘technical description of food’ means any document that describes the properties and preparation of the food and contains the following information concerning the food:
1) the name;
2) the properties of the finished product and of the ingredients thereof;
3) the manufacturing process used, above all, the aspects that are significant for food safety;
4) the methods of assessment of compliance with the requirements;
5) the packaging and labelling requirements;
6) the transportation and storage conditions.
(3) A technical description prepared by a food business operator and amendments made thereto shall be prepared as a document which sets out, in addition to the information specified in subsection (2) of this section, the date of its preparation and the name and official title of the person who approved the document by their signature.
[RT I 2001, 93, 566 - entry into force 01.01.2002]
§ 25. Conditions of business
(1) The technical conditions and organisation of work of food businesses shall enable observance of the requirements provided for in this Act and other legislation.
(2) If circumstances become evident which bring about or may bring about changes to these conditions to an extent that means that food safety is not ensured, a food business operator shall promptly notify the Veterinary and Food Board thereof.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
§ 26. Food hygiene
(1) For the purposes of this Act, food hygiene shall mean the measures and conditions specified in Article 2(1) of Regulation (EC) No 852/2004 of the European Parliament and of the Council.
(2) Food hygiene requirements are established by Regulations (EC) No 852/2004 and 853/2004 of the European Parliament and of the Council.
(3) The Ministry of Agriculture shall establish food hygiene requirements in issues that, pursuant to the Regulations specified in subsection (2) of this section, the member states have the right to decide, or other relevant requirements. Food hygiene requirements or other relevant requirements may also establish the small quantities specified in Article 1 of Regulation (EC) No 852/2004 and Article 1 Regulation (EC) No 852/2004 of the European Parliament and of the Council, and to determine local regions.
(4) The Veterinary and Food Board is the competent agency within the meaning of Regulation (EC) No 852/2004 and Regulation (EC) No 852/2004 of the European Parliament and of the Council.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(5) In following the food hygiene requirements, food business operators may take guidance from the guidelines for good hygiene practice (hereinafter guidelines) compiled by a food business operator, association of food business operators or any other interested party in cooperation with other relevant parties. The guidelines shall be prepared taking account of the standards of Codex Alimentarius that is the common standards programme of the Food and Agriculture Organisation of the United Nations Organisation and of the World Health Organisation (WHO).
(6) The conformity of the recommendations provided by the guidelines referred to in subsection (5) of this section to food hygiene requirements shall be assessed by the Veterinary and Food Board who has the right to propose amendments to the guidelines.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(7) The person specified in subsection (5) of this section shall submit the guidelines which have been declared to comply with the requirements set out in Article 7 of Regulation (EC) No 852/2004 of the European Parliament and of the Council to the Ministry of Agriculture who shall forward it, in the events specified in the Regulation, to the European Commission.
§ 27. Employee of business
(1) A food business operator is required to explain the handling requirements arising from legislation to an employee and verify compliance therewith.
(2) An employee who handles food must have professional knowledge and know and observe the food hygiene requirements.
(3) An employee who does not directly handle food shall know and adhere to the food hygiene requirements to the extent necessary to ensure food safety.
(4) A food business operator shall organise the supervision of an employee with regard to food hygiene.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 28. Permitting employee to work
(1) An employee who handles food and an employee who, upon performance of their duties, comes into contact with food or the handling equipment thereof, as well as an employee who cleans the rooms in which foodstuffs are handled, shall undergo medical examination prior to the commencement of an employment relationship and, depending on the results of risk assessment, regularly during the employment relationship in order to detect any infectious diseases and to prevent the spread thereof and they shall hold a written health certificate pursuant to the Communicable Diseases Prevention and Control Act.
[RT I 2007, 1, 1 - entry into force 01.02.2007]
(2) A food business operator shall require employees who handle food and employees who, upon performance of their duties, come into contact with food or the handling equipment thereof to perform the duties specified in subsection (1) of this section.
(3) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
(4) An employee who does not hold a valid health certificate, who may be a carrier of infection or parasitic disease or who has other symptoms or illnesses which are harmful in terms of food safety shall not be permitted to work in a position where they may contaminate food.
(5) The requirements concerning the health certificate provided for in subsections (1), (2) and (4) of this section shall not apply to producers to whom the requirements of Annex I to Regulation (EC) No 852/2004 of the European Parliament and of the Council apply, and to producers to whom the requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council do not apply, unless otherwise provided by other Acts or legislation established on the basis thereof.
§ 29. Food hygiene training in business
(1) A food business operator shall prepare a plan concerning food hygiene training for the employees of the business who come into contact with food, setting out the purposes, scope, timetable and procedure of the training.
(2) On the basis of a training plan, a food business operator shall periodically organise food hygiene training that corresponds to the duties of the employees and assess the knowledge of the employees concerning food hygiene.
(3) The execution of a training plan shall be monitored by a supervisory official who has the right to make proposals for amendments to the training plan and provide explanations concerning drawing up the plan.
(4) The requirements provided for in subsections (1)-(3) of this section do not apply to producers to whom the requirements of Annex I to Regulation (EC) No 852/2004 of the European Parliament and of the Council apply, or to producers to whom the requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council do not apply, unless otherwise provided by other Acts or legislation established on the basis thereof.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 30. Cleaning, disinfection and pest control
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(1) In order to clean and disinfect a food business and its territory, premises, machinery and handling equipment and in order to conduct pest control, a food business operator shall use only such equipment, substances and methods which do not cause the contamination of food, harm the properties thereof or endanger human health. Cleaning products, disinfectants and pest control products must be used pursuant to the instructions prepared by the producer of such products.
(2) [Repealed – RT I 2001, 93, 566 – entry into force 01.01.2002]
§ 31. Materials and articles intended to come into contact with food
(1) Materials and articles intended to come into contact with food shall not cause the contamination of food, harm the properties thereof or endanger human health and shall comply with the requirements for materials and articles permitted to come into contact with food.
(2) The Government of the Republic shall establish the requirements for materials and articles permitted to come into contact with food, the special requirements for the groups thereof and the methods for testing the safety of such materials and articles.
(3) In the event of a business specified in Article 2(2)(c) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council, the business shall submit in an application for registration in the register of economic activities, in addition to the data provided for in clause 13 (3) 3) of the Trading Act, the data on the materials and groups of articles intended to be brought into contact with food.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
(4) Data on materials and groups of articles intended to be brought into contact with food does not need to be submitted in the registration application if a business specified in Article 2(2)(c) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council must be informed of in accordance with § 7 of this Act or if the business is subject to approval in accordance with § 8 of this Act.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
§ 32. Water used
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(1) A food business shall have an adequate supply of water which complies with the requirements for drinking water established on the basis of the Water Act (hereinafter drinking water).
(2) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
§ 33. [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
Chapter 5 SELF-CHECKING OF FOOD BUSINESS OPERATOR
§ 34. Self-checking requirement
(1) A food business operator is required to verify the compliance of food and the handling thereof with the requirements (hereinafter self-checkin g) and to implement measures in order to ensure such verification. Measures to be implemented shall be described in a self-check plan. Self-checking together with a self-check plan drawn up in writing forms a self-checking system.
(2) A food business operator shall determine the stages of handling which are significant in terms of food safety, including critical control points, monitor them and register the results of the monitoring in accordance with the requirements of Article 5 of Regulation (EC) No 852/2004 of the European Parliament and of the Council and Regulation (EC) No 853/2004 of the European Parliament and of the Council.
(3) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
(4) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
(5) [Repealed – RT I 2009, 64, 423 – entry into force 01.01.2010]
(51) In the event of analysis of samples collected in the framework of self-checking, a relevant quality system shall be applied.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
(6) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
§ 35. Declaration of conformity
(1) A declaration of conformity that certifies the compliance of food with the requirements is a written document issued by the producer of the food that confirms that the food complies with the requirements provided for in legislation or other requirements. A declaration of conformity shall be issued at the request of a food business operator who further handles the food.
(2) A declaration of conformity shall confirm that the food complies with the requirements specified in the declaration, provided that the requirements set out by the issuer are observed during further handling.
(3) A declaration of conformity shall be issued for a specified period for continual preparation of the same food or with regard to a lot. An amount of food that is produced, prepared or packed under the same conditions and with the same name and properties is deemed to be a lot. Each lot shall have specific identification.
(4) If a declaration of conformity is issued for the continual preparation of food, the lots included therein shall be related to the declaration of conformity. A declaration of conformity issued with regard to a lot shall include a reference to the specific lot.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 36. Content of declaration of conformity
A declaration of conformity shall contain the following information:
1) the name, seat and address of the issuer and the mark of identification of the declaration of conformity;
2) the name of the food and other information necessary for determination of the food;
3) a reference to the requirements to which conformity is proved;
4) the date of issue and the name, signature and position of the person who issued the declaration of conformity.
§ 37. Certification
(1) Certification is a procedure which is organised by an independent third party (hereinafter certification body) on the basis of a written application from a food business operator in order to prove the compliance of the quality system of the food business operator or the compliance of a specific handled food with the requirements, in respect of which the application for proof of conformity is made.
(2) Certification is optional and a food business operator who applies for certification shall bear the expenses of certification.
(3) If certification provides a positive result, the certification body shall issue a certificate of conformity that confirms the compliance of the food or the quality system with the requirements.
Chapter 6 PRESENTATION OF INFORMATION
§ 38. Requirements for information
(1) The information concerning food provided on the labelling or in any other manner shall be true, meet the requirements established by legislation and not mislead a food business operator or consumer. Food that is sold or transferred in some other manner to the consumers shall be labelled in such a manner that ensures the necessary information about the food.
(2) [Repealed – RT I 2004, 27, 177 – entry into force 01.05.2004]
(3) [Repealed – RT I 2004, 27, 177 – entry into force 01.05.2004]
(4) [Repealed – RT I 2004, 27, 177 – entry into force 01.05.2004]
(5) The Government of the Republic shall establish the requirements for the labelling of food and the procedure for labelling and presentation of information in any other manner. The Government of the Republic shall also establish the special requirements and procedure for the labelling and presentation of information in any other manner by food groups.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 39. Restrictions on presentation of information
(1) The labelling of food and the methods of labelling may not refer to the disease-preventing, disease-treating or disease-alleviating properties or mislead consumers, in particular, as follows:
1) by giving incorrect information about the properties of the food, especially as regards the nature, definition, characteristics, quantity, keeping qualities, origin, preparation or production methods of the food;
2) by attributing properties or effects to the food which the food does not possess;
3) by attributing special properties to the food when all food in the food group possesses similar properties;
(2) The advertising and presentation of food, especially the size, appearance, package, packaging material as well as sequence and displaying methods are also subject to the requirements of subsection (1) of this section.
[RT I 2004, 27, 177 - entry into force 01.05.2004]
§ 391. [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
§ 40. Restriction on alteration of labelling
(1) The alteration of labelling without the alteration of the actual properties of food is deemed to be adulteration of the food, except for the specification of labelling or the correction of misleading labelling.
(2) It is prohibited to repackage food if the use by date or date of minimum durability is indicated on the sales packaging of the food. The dates on the sales packaging shall not be altered and the food shall not be marketed after the use-by date has passed.
[RT I 2001, 93, 566 - entry into force 01.01.2002]
Chapter 7 CONVEYANCE OF FOOD TO ESTONIA, IMPORT AND EXPORT OF FOOD AND SUPERVISION THEREOF
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 41. Conveyance of food to Estonia, import and export of food
(1) For the purposes of this Act, ‘conveyance of food to Estonia’ means activities specified in Article 2(16) of Regulation (EC) No 882/2004 of the European Parliament and of the Council.
(2) For the purposes of this Act, ‘import’ means an activity specified in Article 2(15) of Regulation (EC) No 882/2004 of the European Parliament and of the Council.
(3) For the purposes of this Act, ‘export’ means an activity specified in Article 161 of Council Regulation (EC) No 2913/92 establishing the Community Customs Code (OJ L 302, 19.10.1992, pp. 1–50).
(4) The provisions of this Act apply only to food not specified in subsection 8 (1) of the Veterinary Supervision over Trade in, Import and Export of Animals and Animal Products Act.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 42. Border inspection post and place of exercising supervision over imported food
(1) Conveyance of food to Estonia and export of food is permitted through a border inspection post that is open to international traffic on the basis of the State Borders Act.
(2) The Veterinary and Food Board shall, on the basis of a person’s application, determine the border inspection post through which it is permitted to import food and the place of supervision over imported food, provided that a competent authority or a Member State has the right to determine them in accordance with the relevant legislation of the European Union. The place of supervision must be located in a place accepted by the Tax and Customs Board.
(3) The list of border inspection posts and places of supervision over imported food shall be published on the website of the Veterinary and Food Board.
(4) In order to make a decision to include a border inspection post or a place of supervision over imported food specified in subsection (2) of this section in the list specified in subsection (3) of this section, the Veterinary and Food Board shall assess its compliance on the basis of the information submitted by the applicant as well as on the spot at the border inspection post or in the place of supervision.
(5) If a border inspection post or a place of supervision over imported food complies with the requirements established in the relevant legislation of the European Union, the Veterinary and Food Board shall make a decision to include it in the list of border inspection posts and places of supervision of imported food.
(6) If a border inspection post or a place of supervision over imported food does not comply with the requirements established in the relevant legislation of the European Union, the Veterinary and Food Board shall make a decision to refuse to include it in the list of border inspection posts and places of supervision of imported food.
(7) The Veterinary and Food Board shall make the decision specified in subsections (5) and (6) of this section within 30 working days after the receipt of an application for inclusion of a border inspection post or place of supervision over imported food in the list specified in subsection (3) of this section.
(8) The Veterinary and Food Board shall make a decision to exclude a border inspection post or a place of supervision over imported food from the list of border inspection posts and places of supervision over imported food if:
1) it does not comply with the requirements established in the relevant legislation of the European Union, or
2) a person submits a respective application.
(9) The substantive requirements for applications for inclusion of a border inspection post and a place of supervision over imported food specified in subsection (2) of this section in the list of border inspection posts and imported food, a list of documents enclosed with the application and the procedure for processing applications shall be established by the Minister of Agriculture.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
§ 43. Organisation of supervision upon conveyance of food to Estonia and export of food
(1) Upon conveyance of food to Estonia, supervision shall be exercised only over the compliance of the imported food.
(2) If there is information that gives reason to suspect that food is non-compliant or hazardous or in the event of another reasoned need, supervision over food shall be exercised in a border inspection post.
(3) In the event specified in subsection (2) of this section, the Tax and Customs Board shall check the documents accompanying food at the border inspection post. The Tax and Customs Board shall inform the Veterinary and Food Board about the results of the check.
(4) In the event of export of food of Estonian origin, the Veterinary and Food Board shall issue a document certifying the compliance of the food, provided that the submission of such document is requested in a state located outside the customs territory of the European Union.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
§ 44. Notification of import of food
(1) The Veterinary and Food Board shall be informed of the import of food over which supervision must be exercised at a border inspection post or at the place of supervision over imported food in accordance with the relevant legislation of the European Union at least 24 hours before the presentation of the food for exercising supervision.
(2) If no form for notification of import is provided for in the relevant legislation of the European Union, the sample form of notification published on the website of the Veterinary and Food Board shall be used for notification.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
§ 45. [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
§ 46. [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
Chapter 8 OVERALL ORGANISATION OF SUPERVISION
§ 47. Supervisory authorities
(1) The Veterinary and Food Board exercises supervision in all spheres of handling and over the materials and articles specified in Article 1(2) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(2) In addition to the Veterinary and Food Board, the Consumer Protection Board exercises supervision over compliance with the requirements for submission of information and the correctness of submitted information in the retail food business.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(3) In the course of supervision, the Veterinary and Food Board shall assess the compliance of food, materials and articles intended to come into contact with food, the manufacturing, processing or marketing of such materials and articles, and of food businesses and handling with the requirements. As a general rule, supervisory shall be exercised without giving prior notice to the person.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(4) The Veterinary and Food Board shall cooperate with the rural municipality or city government in forwarding information concerning events involving handling food, which take place within the territory of the rural municipality or city.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(5) Supervision shall be exercised pursuant to the provisions relating to supervision of Regulation (EC) No 852/2004 and Regulation (EC) No 852/2004 of the European Parliament and of the Council and other relevant legislation.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(6) In coordination with relevant ministers, the Minister of Agriculture shall designate the competent authorities responsible for the implementation of the legislation of the European Union, the liaison bodies responsible for coordinating cooperation with the Member States in the field of supervision and other similar authorities, and shall inform the European Commission of such authorities if designation of such authorities is prescribed by legislation of the European Union.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
§ 48. Supervisory officials and supervision
(1) A supervisory official shall exercise supervision in all spheres and stages of handling according to the competence of the supervisory authority, including supervision over the materials and articles intended to come into contact with food, and shall check the sphere or stage of handling most relevant under the given circumstances. Supervision shall be exercised in the same manner regardless of whether the food or the materials and articles intended to come into contact with food are intended for consumption in Estonia, in a Member State of the European Union or in a country outside of the customs territory of the European Union.
(2) Upon presentation of identification, a supervisory official has the right to check, without hindrance:
1) the state and use of the food business and its territory, premises, machinery, equipment and means of transport;
2) food ingredients, processing aids and other substances that are used to prepare food;
3) food, including during the manufacturing process;
4) materials and articles intended to come into contact with food;
5) equipment, substances and methods of cleaning, disinfection and pest control;
6) handling, including the methods for processing, manufacturing and storage of food;
7) labelling and presentation of information in another manner.
(3) In addition to the provisions of subsection (2) of this section, a supervisory official shall have the right to check the compliance of other matters with the established requirements and perform other necessary supervisory operations and examinations, among other things:
1) to check, regardless of whether the medical examination specified in subsection 28 (1) of this Act has been undergone, the compliance with hygiene requirements of persons who in the course of their duties come into direct or indirect contact with the items referred to in clauses 2)–5) of subsection (2) of this section, including personal cleanliness and clothing, and to assess their knowledge in hygiene;
2) to check the compliance with the requirement to perform self-checking and to examine the results of self-checking and the results of measurements performed by the measuring instruments installed in the food business, as well as to verify the correctness thereof using the measuring instruments of the supervisory authority;
3) to use with the knowledge of a person or representative thereof, the equipment to make record of the situation, to demand explanations, written materials and documents from a person and to question the employees of a food business;
4) to take notes and make extracts of written materials and documents and to receive up to two copies, without charge, of each appropriate document submitted to the food business operator;
5) to take samples pursuant to the provisions of § 49 of this Act in order to check the compliance of the items referred to in subsection (2) of this section.
(31) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
(4) A person is required to assist a supervisory official in the performance of the duties provided for in this Act and other legislation. If only meat is processed in a business, the food business operator is required to provide a workstation, equipment and clothing necessary for the exercise of supervision.
(41) [Repealed – RT I 2009, 64, 423 – entry into force 01.01.2010]
(5) The Veterinary and Food Board is the authority coordinating the preparation of the contingency plan specified in Article 13 and of the multi-annual control plan specified in Article 41 of Regulation (EC) No 882/2004 of the European Parliament and of the Council. The Veterinary and Food Board shall submit the multi-annual control plan and a report on implementation of the plan to the European Commission pursuant to the procedure provided in the Regulation specified above.
(51) The Government of the Republic may establish the procedure for cooperation of supervisory authorities in preparation of the contingency plan and multi-annual control plan specified in subsection (5) of this section.
(6) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
(7) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
§ 49. Taking and analysing samples in course of supervision
(1) A supervisory official has the right, pursuant to the established procedure and at the expense of a person, to take the amount of samples necessary in order to carry out laboratory analyses.
(2) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
(3) [Repealed – RT I 2006, 28, 211 – entry into force 01.07.2006]
(4) The Government of the Republic shall establish the procedure for taking and analysing samples. The Government of the Republic or, on the authorisation of the Government of the Republic, the Minister of Agriculture shall establish the methods for the taking and analysing samples by food groups or characteristic indicators in order to verify the compliance of food with the requirements and with handling requirements.
(5) If, according to the results of laboratory analyses, the food or anything else that was subject to analyses does not comply with the requirements, the costs of the analyses carried out and of the analyses of control samples taken from the same lot for further tests shall be covered by the person whose sample does not comply with the requirements.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
§ 491. Food supervision fee
(1) ‘Food supervision fee’ (hereinafter supervision fee) means an amount paid at the rate established in this Act in accordance with the principles set out in Articles 27-29 of Regulation (EC) No 882/2004 of the European Parliament and of the Council for performing an act of supervision relating to the assessment of the compliance of food handling and imported food in a business which is subject to approval or which has been approved and notified of. The supervision fee shall also be paid for performing an act of supervision relating to materials and articles intended to come into contact with food.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
(2) In the event of acts of supervision relating to food, the supervision fee shall be paid only for performing an act of supervision relating to food not specified in § 351 of the Veterinary Activities Organisation Act and for performing an act of supervision in a retail business.
[RT I 2010, 72, 542 - entry into force 15.10.2010]
(3) No supervision fee shall be paid for performing an act of supervision relating to primary production.
[RT I 2010, 72, 542 - entry into force 15.10.2010]
(4) No supervision fee shall be paid by an educational establishment, social establishment or health service provider financed from the budget of a state authority or local authority for performing an act of supervision relating to inter-establishment catering.
[RT I 2010, 72, 542 - entry into force 15.10.2010]
§ 492. Person required to pay supervision fee
(1) A person required to pay the supervision fee (hereinafter obligated person) is a person concerning whom a supervisory official has performed an act of supervision specified in § 491 of this Act.
(2) Multiple obligated persons bear joint and several liability for payment of the supervision fee for a joint act of supervision.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
§ 493. Principles of determination of supervision fee
(1) The staff and administrative expenses of the Veterinary and Food Board relating to the performance of the acts of supervision specified in § 491 of this Act shall serve as the basis for calculation of the rate of the supervision fee.
(2) The supervision fee shall be charged as an hourly fee for the acts of supervision performed in accordance with § 491 of this Act.
(3) The obligated person shall pay an hourly fee for the time spent on performing an act of food supervision, but not for more than eight hours per act. The time spent by the supervisory official shall be calculated with the accuracy of one hour and each commenced hours shall be deemed the next full hour. The time spent on driving to the place of performance of an act of supervision shall not be taken into account.
(4) Upon calculation of the rate of the hourly fee, the average wage of the supervisory official and the average administrative expenses relating to the acts of food supervision shall be taken into account. Upon calculation of the average wage of a supervisory official, the average wage of the supervisory officials working in the local agencies of the Veterinary and Food Board and at border inspection posts in the calendar year preceding the performance of the act of supervision shall be taken into account. Upon calculation of the average administrative expenses relating to acts of food supervision, the average expenses of the Veterinary and Food Board specified in Point 2 of Annex VI to Regulation (EC) No 882/2004 of the European Parliament and of the Council per supervisory official in the calendar year preceding the performance of the act of supervision shall be relied on.
(5) The rate of the hourly fee to be charged for performing an act of food supervision shall be established annually by the Minister of Agriculture.
(6) In the event of food which, under relevant legislation of the European Union, is subject to supervision at a border inspection post or in the place of supervision over imported food, the obligated person shall pay supervision fee as an hourly rate for performing an act of supervision per one tariff classification on one customs declaration, plus the price of necessary analyses.
(7) In the course of performing an act of food supervision, the Veterinary and Food Board has the right to charge an additional fee for the waiting time of a late consignment and an act of supervision performed outside the working time at the request of a person as follows:
1) for the waiting time of a late consignment during the working time, the additional fee shall be charged as an hourly rate per supervisory official in accordance with subsection (3) of this section;
2) for the waiting time of a late consignment outside the working time and for an act of supervision performed outside the working time at the request of a person, the additional fee shall be charged as a double hourly rate per supervisory official in accordance with subsection (3) of this section.
(8) The additional fee paid on the basis of subsection (7) of this section is subject to the procedure provided for in § 494 of this Act.
(9) In the event provided for in Article 28 of Regulation (EC) No 882/2004 of the European Parliament and of the Council, an obligated person shall pay the supervision fee for additional acts of supervision as an hourly rate in accordance with subsection (3) of this section. Expenses relating to additional inspection shall be borne in accordance with subsection 49 (5) of this Act.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
§ 494. Payment of supervision fee
(1) The Veterinary and Food Board shall make a decision to collect the supervision fee for acts of food supervision performed during the previous calendar month by the fifth date of each calendar month.
(2) A copy of the decision to collect the supervision fee shall be issued to an obligated person against signature or shall be sent to the person by mail within five working days as of making the decision.
(3) An obligated person shall transfer the supervision fee to the bank account indicated in a decision within ten calendar days as of obtaining the decision to collect the supervision fee. An obligated person has the right to file an inter-authority appeal against a decision of the Veterinary and Food Board pursuant to the procedure provided for in § 51 of this Act.
(4) In the event of food import, an obligated person shall pay the supervision fee in the amount specified in a decision to collect the supervision fee, which was submitted by the Veterinary and Food Board before determining the customs approved treatment.
(5) In the event of food import, the Veterinary and Food Board may release an obligated person from payment of the supervision fee before determining the customs approved treatment in the event of a sufficient guarantee and if the obligated person has previously paid the supervision fee in the prescribe amount and by the due date.
(6) The Government of the Republic shall establish the procedure for payment, receipt in cash and monitoring of payment of the supervision fee.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
§ 495. Refund of overpaid supervision fee
(1) The overpaid supervision fee shall be refunded if the supervision fee paid exceeds the prescribed amount.
(2) An obligated person has the right to apply for the refund of overpaid supervision fee within two years as of the date of the payment of the supervision fee.
(3) To apply for a refund of overpaid supervision fee, an obligated person shall submit to the Veterinary and Food Board a relevant written application and a document certifying payment of the supervision fee.
(4) The Veterinary and Food Board shall make a decision to refund or to refuse to refund the supervision fee within ten working days as of the receipt of the respective application.
(5) The supervision fee shall not be refunded if the person who paid the supervision fee or the person for whom the supervision fee was paid cannot be identified or if the person is not entitled to a refund.
(6) The Government of the Republic shall establish the procedure for refund of overpaid supervision fee.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
§ 50. Precept of supervisory official
(1) Upon detection of an offence, or in the event of reasonable doubt, a supervisory official shall issue a precept in which they shall:
1) draw attention to the offence,
2) demand termination of the offence, and
3) order the performance of acts necessary for the termination of the offence and prevention of future offences.
(11) An obligated person shall pay the amount specified in a precept made for the collection of overdue supervision fee within ten working days as of the receipt of the precept.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
(2) If circumstances which endanger human health become evident, a supervisory official has the right to issue a precept to suspend the handling of food or the manufacturing, processing or marketing of materials and articles intended to come in contact with food in part or in full and to request that the person remove the food from handling or the articles intended to come in contact with food from manufacturing, processing or marketing.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(3) At the request of a person, the supervisory official shall give consent for continuing the activity specified in subsection (2) of this section, provided that the circumstances due to which such activity was suspended have been eliminated.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(4) In the event of failure to comply with a precept specified in subsection (1) of this section, the supervisory authority may impose a coercive measure pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The maximum limit of a penalty payment is 640 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(5) In the event of failure to comply with a precept issued for the collection of overdue supervision fee within the time limit indicated in the precept, the Veterinary and Food Board shall have the right to address an enforcement officer who will collect the overdue supervision fee from the obligated person pursuant to the procedure established in the Code of Enforcement Procedure.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
§ 51. Contesting precept or decision of supervisory official
If a person does not agree with a precept or decision of a supervisory official, the person may file an intra-authority appeal to the director general of the relevant supervisory authority.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 511. Prohibition on handling food
(1) If there is reason to believe that a certain food may be harmful to human health or the environment, the head of the appropriate supervisory authority shall suspend the handling of such food. The decision shall be drawn up as a directive of the head of the supervisory authority, setting out the name of the food and, if necessary, information on the lot concerned, and other information which allows for the identification of the harmful food and the spheres of handling wherein handling must be suspended. The head of the supervisory authority shall inform the public of the directive immediately and the information shall be published on the website of the supervisory authority.
(2) The head of a supervisory authority shall immediately forward their directive to the Minister of Agriculture who shall decide the suspension of the handling of the food under the circumstances and on the conditions set out in the directive and establish a corresponding regulation. In addition to the information set out in the directive of the head of a supervisory authority, the regulation shall set out the time limit of the restriction, the obligations of supervisory authorities and persons and the manner of eliminating the danger. The directive of the head of a supervisory authority shall remain in force until entry into force of the regulation of the Minister of Agriculture.
(3) While a restriction on handling is in force, the appropriate supervisory authorities shall, in cooperation with each other, determine the extent of danger, take necessary measures and, after elimination of the danger, the head of a supervisory authority who issued the directive shall make a written proposal to the Minister of Agriculture to terminate the suspension of handling and the Minister of Agriculture shall establish a corresponding regulation.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 512. Application of rapid alert system and supervision cooperation with Member States of European Union
(1) The Estonian liaison body of the rapid alert system referred to in Article 50 of Regulation (EC) No 178/2002 of the European Parliament and of the Council shall be the Veterinary and Food Board.
(2) If it has been established in the course of supervision that the food is directly or indirectly dangerous for human health and it may be placed on the market in any other Member State of the European Union, or if such food has been discovered on import of goods, the Tax and Customs Board and the Consumer Protection Board shall inform of the danger the Veterinary and Food Board who shall notify the European Commission through the rapid alert system specified in subsection (1) of this section.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(3) If the European Commission has communicated through the rapid alert system referred to in subsection (1) of this section a safety message to the Veterinary and Food Board concerning dangerous food identified in any member state of the European Union, the Veterinary and Food Board shall forward this notice to the Tax and Customs Board, the Consumer Protection Board and the Health Protection Inspectorate. The supervisory authorities shall investigate the possible danger in Estonia and inform of the results the Veterinary and Food Board.
[RT I 2009, 49, 331 - entry into force 01.01.2010]
(4) The Veterinary and Food Board is the liaison body in supervision issues within the meaning of Article 35 of Regulation (EC) No 882/2004 of the European Parliament and of the Council.
Chapter 9 LABORATORIES
§ 52. Authorisation of laboratory to analyse samples taken in course of supervision
(1) The samples taken in the course of supervision shall be analysed at a laboratory authorised to conduct relevant analyses, which complies with the requirements provided for in Article 12 of Regulation (EC) No 882/2004 of the European Parliament and of the Council.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(2) [Repealed – RT I 2009, 64, 423 – entry into force 01.01.2010]
(3) The Veterinary and Food Board shall make the decision on the granting of authorisation to operate as an authorised laboratory within 20 working days as of the receipt of a written application of the laboratory. The decision to grant authorisation to operate as an authorised laboratory shall set out the scope of authority.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(4) The requirements for the content of applications for authorisation to operate as authorised laboratory, the list of documents to be annexed to applications and the procedure for processing applications shall be established by the Minister of Agriculture.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(5) The Veterinary and Food Board may refuse to grant authorisation to operate as an authorised laboratory or revoke the authority if a laboratory does not comply with the requirements provided for in specified in Article 12(2) of Regulation (EC) No 882/2004 of the European Parliament and of the Council.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(6) A state fee shall be paid for reviewing of an application for granting of the initial authorisation for a laboratory pursuant to the rates provided in the State Fees Act.
[RT I 2007, 22, 114 - entry into force 01.07.2007]
§ 53. Authorisation of reference laboratory
(1) For the purposes of this Act, a state reference laboratory (hereinafter reference laboratory) is the laboratory specified in Article 33 of Regulation (EC) No 882/2004 of the European Parliament and of the Council.
[RT I 2007, 22, 114 - entry into force 01.04.2007]
(2) A reference laboratory is authorised to operate for each community reference laboratory referred to in Article 32 of Regulation (EC) No 882/2004 of the European Parliament and of the Council.
[RT I 2007, 22, 114 - entry into force 01.04.2007]
(3) Authority to operate as a reference laboratory shall be granted within 20 working days as of the receipt of a written application of the reference laboratory and by a directive of the Minister of Agriculture, which shall set out the scope of the authority.
[RT I 2007, 22, 114 - entry into force 01.04.2007]
(4) [Repealed – RT I 2007, 22, 114 – entry into force 01.04.2007]
(5) A reference laboratory shall operate on government orders submitted by the Minister of Agriculture. Fulfilment of the orders shall be financed from funds allocated from the state budget to the Ministry of Agriculture.
(6) If a reference laboratory fails to perform its duties in the manner required, the Minister of Agriculture has the right to grant a term of up to three months for the elimination of deficiencies. If the deficiencies are not eliminated, authorisation shall be revoked in part or in full. During the time prescribed for the elimination of deficiencies, authorisation is deemed to be suspended.
(7) The requirements for the content of applications for authorisation to operate as reference laboratory, the list of documents to be annexed to applications and the procedure for processing applications shall be established by the Minister of Agriculture.
[RT I 2007, 22, 114 - entry into force 01.04.2007]
(8) A state fee for reviewing an application for initial authorisation to operate as a reference laboratory shall be paid at the rates provided in the State Fees Act.
[RT I 2007, 22, 114 - entry into force 01.04.2007]
Chapter 10 LIABILITY
§ 531. Handling food in unapproved food business or food business of which notice has not been given
(1) Handling food in an unapproved food business, and continuation to handle food without the authorisation of a supervisory official, after any constructional, manufacturing process or work organisation changes to the food business or any other restructuring which change the conditions which existed upon approval, is punishable by a fine of up to 300 fine units.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(3) Handling food in a food business of which notice has not been given is punishable by a fine of up to 150 fine units.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(4) The same act if, committed by a legal person, is punishable by a fine of up to 1300 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
§ 532. Violation of requirements for food
(1) Violation of the requirements for food for food is punishable by a fine of up to 200 fine units.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(2) The same act, if committed in a manner that endangers human health or the environment, is punishable by a fine of up to 300 fine units.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(3) The act specified in subsection (1) of this section, if committed by a legal person, is punishable by a fine of up to 2600 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(4) The act specified in subsection (2) of this section, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
§ 533. Violation of requirements for handling food and materials and articles intended to come into contact with food
(1) Violation of the requirements for handling food and materials and articles intended to come into contact with food is punishable by a fine of up to 200 fine units.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(2) The same act, if committed by a legal person, is punishable by a fine of up to 2000 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
§ 534. Violation of requirements for self-checking of food business operator
(1) Violation of the requirements for self-checking of a food business operator is punishable by a fine of up to 200 fine units.
[RT I 2002, 63, 387 - entry into force 01.09.2002]
(2) The same act, if committed by a legal person, is punishable by a fine of up to 2000 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
§ 535. Violation of requirements for presentation of information
(1) Violation of requirements for labelling food and presenting information concerning food in any other manner is punishable by a fine of up to 150 fine units.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(2) The same act if, committed by a legal person, is punishable by a fine of up to 1300 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
§ 536. Giving false information about food
(1) Presentation of false information about the composition or properties of food, the content of food additives, contaminants or micro-organisms in food, or other requirements, or presentation of false information in accompanying documents, sales documents or other certification documents is punishable by a fine of up to 250 fine units.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(2) The same act, if committed by a legal person, is punishable by a fine of up to 2600 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
§ 537. Procedure
(1) The provisions of the General Part of the Penal Code and the Code of Misdemeanour Procedure apply to the misdemeanours provided for in §§ 531–536 of this Act.
(2) The Veterinary and Food Board or a court may, pursuant to the provisions of § 83 of the Penal Code, apply confiscation of a substance or an object which was the direct object of the commission of a misdemeanour provided for in subsections 532 (2) and (4).
[RT I 2007, 22, 114 - entry into force 01.07.2007]
(3) The extrajudicial proceedings of the misdemeanours provided for in §§ 531–536 of this Act shall be conducted by:
1) the Veterinary and Food Board;
2) [Repealed – RT I 2007, 22, 114 – entry into force 01.07.2007]
3) the Consumer Protection Board.
§ 54. [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]
§ 55. [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]
§ 56. [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]
Chapter 11 IMPLEMENTING PROVISIONS
§ 57. – § 62. [Omitted from this text.]
§ 63. [Repealed – RT I 2007, 22, 114 – entry into force 01.04.2007]
§ 631. Notification and approval of food business where food is handled on 1 July 2006
(1) Pursuant to § 7 of this Act, a competent supervisory authority shall be notified, not later than by 1 November 2006, of a food business where food is handled on 1 July 2006 and which, as of this date is subject to notification and which has not been approved.
(2) A food business that is subject to notification as of 1 July 2006 but has been approved before such date is deemed to be notified pursuant to § 7 of this Act.
(3) A food business which is subject to approval as of 1 July 2006 which has been approved on the basis of and pursuant to the procedure provided by legislation in force until 1 January 2006 is deemed to be approved on the basis of and pursuant to the procedure provided by legislation in force as of 1 January 2006.
(4) A decision of temporary approval made before 1 July 2006 is deemed to be the decision of conditional approval within the meaning of subsection 10 (2) of this Act.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
§ 632. Submission of information about group of materials and articles intended to come into contact with food with regard to such business whose respective activities have been registered in register of economic activities as of 1 January 2010
In the event of a business specified in Article 2(2)(c) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council, the undertaking, whose respective activities have been registered in the register of economic activities on the basis of the Trading Act as of 1 January 2010, shall submit information about the group of materials and articles intended to come into contact with food so that it could be registered in the register of economic activities by 1 June 2010.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
§ 633. Border inspection post and place of supervision included in list of border inspection posts and places of supervision over imported food before 1 January 2010
A border inspection post or a place of supervision included in the list of border inspection posts and places of supervision over imported food before 1 January 2010 shall remain in the list until the Veterinary and Food Board has made a decision to exclude the border inspection post or the place of supervision from the list.
[RT I 2009, 64, 423 - entry into force 01.01.2010]
§ 64. [Omitted from this text]
§ 65. Reorganisation of work of supervisory authorities
(1) The Government of the Republic shall complete the reorganisation of the work of supervisory authorities under this Act by 1 January 2001.
(2) Until reorganisation, supervisory authorities shall perform their current duties, unless otherwise provided by other Acts.
§ 651. [Repealed – RT I 2007, 22, 114 – entry into force 01.04.2007]
§ 652. Validity of authority of laboratory
The authority to analyse samples taken in course of supervision granted to a laboratory by a directive of the Minister of Agriculture before 1 July 2007 shall be valid until granting new authority or refusal to grant it by the Veterinary and Food Board, but not longer than until 1 January 2008.
[RT I 2007, 22, 114 - entry into force 01.04.2007]
§ 66. Entry into force of Act
(1) This Act shall enter into force on 1 January 2000, except the provisions delegating authority, which shall enter into force at the time provided for in subsection (2) of this section, and § 34 and subsection 52 (2) which shall enter into force on 1 January 2002, and subsection 52 (1) which shall enter into force on 1 July 2000.
(2) The provisions which delegate authority to issue regulations of the Government of the Republic or ministers and which are contained in this Act shall enter into force on the tenth day after the publication of the Act in the Riigi Teataja. A regulation issued on the basis of provisions delegating authority shall not be enforced before the entry into force of this Act.
1Commission Directive 1999/21/EC on dietary foods for special medical purposes (OJ L 91, 07.04.1999, pp. 29–36), amended by Directives 2006/82/EC (OJ L 362, 20.12.2006, pp. 94–96) and 2006/141/EC (OJ L 401, 30.12.2006, pp. 1–33); Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (OJ L 109, 06.05.2000, pp. 29–42), amended by Directives 2001/101/EC (OJ L 310, 28.11.2001, pp. 19–21), 2003/89/EC (OJ L 308, 25.11.2003, pp. 15–18), 2006/107/EC (OJ L 363, 20.12.2006, pp. 411–413), 2006/142/EC (OJ L 368, 23.12.2006, pp. 110–111) and 2007/68/EC (OJ L 310, 28.11.2007, pp. 11–14) and Regulations (EC) No 1332/2008 (OJ L 354, 31.12.2008, pp. 7–15), (EC) nr 1334/2008 (ELT L 354, 31.12.2008, pp. 34–50) and (EC) No 596/2009 (OJ L 188, 18.07.2009, pp. 14–92); Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.07.2002, pp. 51–57), amended by Directive 2006/37/EC (OJ L 94, 01.04.2006, pp. 32–33) and Regulations (EC) No 1137/2008 (OJ L 311, 21.11.2008, pp. 1–54), (EC) No 1170/2009 (OJ L 314, 01.12.2009, pp. 36–42) and (EC) No. 1161/2011 (OJ L 296, 15.11.2011, pp. 29–30); Commission Directive 2006/141/EC of 22 December 2006 on infant formulae and follow-on formulae and amending Directive 1999/21/EC (OJ L 401, 30.12.2006, pp. 1–33), amended by Regulation (EC) No 1243/2008 (OJ L 335, 13.12.2008, pp. 25–27). Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses (OJ L 124, 20.05.2009, pp. 21–29); Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (OJ L 334, 16.12.2011, pp. 1–5). [RT I, 12.02.2013, 3 – entry into force 22.02.2013]
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