Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
12 July 2010 [shall come
into force on 1 September 2010];
21 November 2019 [shall come into force on 24 December
2019].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
President has proclaimed the following law:
Law on
Circulation of Animal Feedingstuffs
Chapter I
General Provisions
Section 1. The following terms are used in this
Law:
1) [12 July 2010];
2) [12 July 2010];
3) complete feed - compound feed within the meaning of
the definition referred to in Article 3(2)(i) of Regulation (EC)
No 767/2009 of the European Parliament and of the Council of 13
July 2009 on the placing on the market and use of feed, amending
European Parliament and Council Regulation (EC) No 1831/2003 and
repealing Council Directive 79/373/EEC, Commission Directive
80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC,
93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (Text
with EEA relevance) (hereinafter - Regulation No 767/2009 of the
European Parliament and of the Council);
4) [12 July 2010];
5) dietetic feed - feed intended for particular
nutritional purposes within the meaning of the definition
referred to in Article 3(2)(o) of Regulation No 767/2009 of the
European Parliament and of the Council;
6) medicated premixture - veterinary medicinal products
prepared for the production of medicated feed;
7) medicated feed - feed within the meaning of Article
3(2)(a) of Regulation (EU) 2019/4 of the European Parliament and
of the Council of 11 December 2018 on the manufacture, placing on
the market and use of medicated feed, amending Regulation (EC) No
183/2005 of the European Parliament and of the Council and
repealing Council Directive 90/167/EEC (hereinafter - Regulation
(EU) 2019/4 of the European Parliament and of the Council on the
manufacture, placing on the market and use of medicated
feed);
8) feed business operator - a legal person within the
meaning of the definition referred to in Article 3(6) of
Regulation (EC) No 178/2002 of the European Parliament and of the
Council of 28 January 2002 laying down the general principles and
requirements of food law, establishing the European Food Safety
Authority and laying down procedures in matters of food
safety;
9) feed business - a legal person within the meaning of
the definition referred to in Article 3(5) of Regulation (EC) No
178/2002 of the European Parliament and of the Council of 28
January 2002 laying down the general principles and requirements
of food law, establishing the European Food Safety Authority and
laying down procedures in matters of food safety;
10) pet animal - a pet within the meaning of the
definition referred to Article 3(2)(f) of Regulation No 767/2009
of the European Parliament and of the Council;
11) circulation of feed - all activities with feed from
its acquisition to use, including primary production,
pre-treatment, treatment, processing, production, packaging,
storage, distribution, transportation, transit across the State
border, placing on the market, and also feeding to animals.
[12 July 2010; 21 November 2019]
Section 2. The purpose of this Law is to ensure the
circulation of qualitative animal feed harmless to human and
animal health, life, and the environment (hereinafter - the
feed).
Chapter
II
Requirements of Feed Business Operators and Feed Businesses
Section 3. (1) The functions of the competent authority
specified in Regulation (EC) No 183/2005 of the European
Parliament and of the Council of 12 January 2005 laying down
requirements for feed hygiene (Text with EEA relevance), except
for Article 9(3) of this Regulation, and in Article 1(2)(c) of
Regulation (EU) No 2017/625 of the European Parliament and of the
Council of 15 March 2017 on official controls and other official
activities performed to ensure the application of food and feed
law, rules on animal health and welfare, plant health and plant
protection products, amending Regulations (EC) No 999/2001, (EC)
No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No
1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of
the European Parliament and of the Council, Council Regulations
(EC) No 1/2005 and (EC) No 1099/2009 and Council Directives
98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC,
and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004
of the European Parliament and of the Council, Council Directives
89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC,
96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official
Controls Regulation) (hereinafter - Regulation (EU) 2017/625 of
the European Parliament and of the Council on official controls)
shall be performed by the Food and Veterinary Service.
(2) The functions of the competent authority specified by
Article (9)(3) of Regulation (EC) No 183/2005 of the European
Parliament and of the Council of 12 January 2005 laying down
requirements for feed hygiene (Text with EEA relevance) shall be
performed by the State agency "Agricultural Data Centre".
(3) The Cabinet shall determine the procedures for the
recognition and registration, and also for the revocation of the
recognition and registration of a feed business (hereinafter -
the business).
(4) [21 November 2019]
(5) A State fee shall be paid for the registration of the
business. The amount of the State fee and procedures for its
payment shall be determined by the Cabinet.
(6) The Cabinet shall determine the hygiene requirements for
the primary production and direct supplies in small quantities of
animal feed.
[21 November 2019]
Section 4. (1) Feed may be placed on the market if it
has been labelled, stored, and packaged in accordance with the
procedures laid down in Regulation No 767/2009 of the European
Parliament and of the Council.
(2) The categories of feed materials to be indicated on the
labelling of pet animal feed shall be determined by the
Cabinet.
[12 July 2010]
Section 5. [12 July 2010]
Section 6. [12 July 2010]
Section 7. [12 July 2010]
Section 8. [12 July 2010]
Section 9. It shall be permitted to distribute
premixtures containing growth stimulators, coccidiostats, and
histomonostats only to a recognised business which produces feed
or compound feed or uses these as a final consumer for the
purposes of its holding.
[21 November 2019]
Section 10. (1) The Cabinet shall determine the
procedures for the circulation of medicated animal feed and the
requirements for dietetic feed.
(2) The Cabinet shall determine the requirements for the
retail of animal feed.
(3) The Cabinet shall determine the procedures for the
collection, discarding, and disposal of unused or unfit medicated
feed and intermediate products.
[12 July 2010; 21 November 2019]
Section 11. (1) Medicated feed shall be produced and
placed on the market only upon the written request of a
practising veterinarian.
(2) It shall be permitted to circulate medicated premixtures
only to a recognised business in accordance with the requirements
of the laws and regulations governing the circulation of
veterinary medicinal products.
[21 November 2019 / The new wording of Paragraph one
shall come into force on 28 January 2022 and shall be included in
the wording of the Law as of 28 January 2022. See
Paragraph 4 of the Transitional Provisions]
Section 12. [21 November 2019]
Section 13. [12 July 2010]
Section 14. The Cabinet shall determine substances
prohibited in feedingstuffs and feed materials and the
harmlessness requirements of feedingstuffs.
Section 15. The feed shall be declared unfit for
placing on the market if at least one of the conditions referred
to in this Section is applicable thereto:
1) it does not conform to the requirements for harmlessness or
contains prohibited or unauthorised substances;
2) the term of validity thereof has expired;
3) the packaging thereof is damaged;
4) it is damaged and this has been determined organoleptically
or by examination in a laboratory;
5) the contents thereof does not conform to the contents and
characteristics indicated on the label;
6) it does not have the accompanying documents specified in
the laws and regulations regarding the labelling of the feed;
7) it does not comply with the other requirements laid down in
the laws and regulations regarding the harmlessness of feed.
Section 16. (1) Feed unfit for placing on the market
shall be withdrawn from circulation, processed or destroyed.
(2) A feed business operator who is in possession of feed
unfit for placing on the market shall bear the costs related to
the control, withdrawal from circulation, processing, or
destruction of such feed.
Chapter
III
Procedures for the Export and Import of the Feed
Section 17. The feed may be imported into Latvia and
exported from Latvia by a feed business operator whose company
has been recognised or registered with the Food and Veterinary
Service.
Section 18. The control of feed consignments at State
border control points, free zones, and customs warehouses shall
be performed in accordance with Regulation (EU) 2017/625 of the
European Parliament and of the Council on official controls.
[21 November 2019]
Chapter
IV
State Supervision and Control of Circulation of
Feedingstuffs
Section 19. State supervision and control of
circulation of feedingstuffs shall be performed by the Food and
Veterinary Service.
Section 19.1 The Cabinet shall determine the
procedures for calculating the fee and paying for the State
supervision and control activities performed by the Food and
Veterinary Service specified in this Law and in Regulation (EU)
2017/625 of the European Parliament and of the Council on
official controls.
[21 November 2019]
Section 20. (1) The Food and Veterinary Service shall
ensure the sampling and analysis of feed.
(2) The procedures for the sampling of animal feed shall be
determined by the Cabinet.
(3) The laboratory investigation of samples of feed taken
during State supervision and control shall be carried out by
Pārtikas drošības, dzīvnieku veselības un vides zinātniskais
institūts "BIOR" [Institute of Food Safety, Animal Health and
Environment "BIOR"].
(4) The price list for the activities carried out by the
Institute of Food Safety, Animal Health and Environment "BIOR"
within the framework of State administration tasks shall be
approved by the Cabinet.
[21 November 2019]
Section 20.1 The business is entitled to
request that an inspector of the Food and Veterinary Service
takes a parallel feed sample for independent testing. The
parallel sample shall be tested by the official control
laboratory of a European Union Member State in accordance with
the laboratory methods specified in Commission Regulation (EC) No
152/2009 of 27 January 2009 laying down the methods of sampling
and analysis for the official control of feed.
[21 November 2019]
Section 20.2 If non-compliance with the
requirements of the laws and regulations governing the
circulation of feed is determined, the expenditures of the
laboratory investigation shall be covered by the feed business
operator.
[21 November 2019]
Section 21. The Cabinet shall determine:
1) the procedures by which the status of a reference
laboratory shall be granted to the laboratory which performs the
laboratory control of animal feed, and also the procedures for
the accreditation, the functions and duties of the reference
laboratory;
2) the operation of the rapid response system in the
circulation of animal feed.
Chapter V
Procedures for the Suspension and Restoration of the Operation of
the Business
Section 22. The State chief food and veterinary
inspector of the Food and Veterinary Service, the State senior
inspectors and State inspectors in the veterinary and food field
(hereinafter - the official of the Food and Veterinary Service)
shall, upon detecting a non-compliance with the requirements of
the laws and regulations governing the circulation of feed,
determine a time period for the rectification of such
non-compliance to the business and, if necessary, limit the
operation of the business or suspend it in the cases specified in
Section 26 of this Law.
[21 November 2019]
Section 23. [21 November 2019]
Section 24. If the detected non-compliance with the
requirements of the laws and regulations governing the
circulation of feed has not been rectified within the specified
time period, the official of the Food and Veterinary Service
shall take the decision to suspend the operation of the
business.
[21 November 2019]
Section 25. The suspension of the operation of the
business shall be ensured by the feed business operator
responsible for the operation of the business.
Section 26. The operation of the business shall be
suspended immediately if the non-compliance with the requirements
of the laws and regulations governing the circulation of feed is
or may be the reason for the release of prohibited or
unregistered substances or triggers of disease into feed, or a
threat to human or animal health or life arises due to the
relevant non-compliance.
[21 November 2019]
Section 27. (1) When the non-compliance with the
requirements of the laws and regulations governing the
circulation of feed indicated in the decision to suspend the
operation of the business has been rectified, the feed business
operator shall notify the relevant territorial unit of the Food
and Veterinary Service in writing thereof. The official of the
Food and Veterinary Service shall, within five working days after
receipt of the notification, inspect whether the non-compliance
has been rectified.
(2) If all the violations of the laws and regulations referred
to in the decision to suspend the operation of the business have
been rectified, the official of the Food and Veterinary Service
shall take the decision to renew the operation of the business
within three working days after performance of the
inspection.
(3) If all the violations of the laws and regulations referred
to in the decision to suspend the operation of the business have
not been rectified, the official of the Food and Veterinary
Service shall submit a refusal for the renewal of the operation
of the business.
[21 November 2019]
Section 28. (1) The decision to suspend the operation
of the business may be contested and appealed in accordance with
the procedures laid down in the Administrative Procedure Law.
The contesting and appeal of the decision of the official of
the Food and Veterinary Service shall not suspend the validity
thereof.
Chapter
VI
Administrative Offences in the Field of the Circulation of Animal
Feed and Competence in the Administrative Offence
Proceedings
[21 November 2019 /
Chapter shall come into force on 1 July 2020. See
Paragraph 5 of the Transitional Provisions]
Section 29. For the indication of false information in
the documents accompanying the import of feed, a warning or a
fine from five to thirty units of fine shall be imposed on a
natural person, but a fine from ten to seventy units of fine - on
a legal person.
[21 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 30. For non-compliance with the hygiene and
storage requirements for animal feed laid down in laws and
regulations or for offences in the circulation of feed, a fine
from five to sixty units of fine shall be imposed on a natural
person, but a fine from ten to one hundred and fifty units of
fine - on a legal person.
[21 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 31. For offences in the production and
distribution of medicated and dietetic feed, a fine from ten to
one hundred units of fine shall be imposed on a natural person,
but a fine from ten to one hundred and seventy units of fine - on
a legal person.
[21 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 32. For involvement in the circulation of
animal feed without the recognition or registration of a business
specified in laws and regulations, a fine from ten to one hundred
and twenty units of fine shall be imposed on a natural person,
but a fine from twenty to two hundred and fifty units of fine -
on a legal person.
[21 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 33. For the distribution of such polluted feed
which contains undesirable substances which exceed the level
permitted by laws and regulations or the distribution of such
feed which contains the prohibited substances specified in laws
and regulations or for which the minimum storage term specified
in the labelling has expired, a fine from ten to one hundred and
fifty units of fine shall be imposed on a natural person, but a
fine from thirty to three hundred units of fine - on a legal
person.
[21 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 34. The administrative offence proceedings
regarding the offences referred to in Sections 29, 30, 31, 32,
and 33 of this Law shall be conducted by the Food and Veterinary
Service.
[21 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Transitional
Provisions
1. With the coming into force of this Law, the Law on
Circulation of Animal Feeding Stuffs (Latvijas Republikas
Saeimas un Ministru Kabineta Ziņotājs, 2002, No. 21; 2004,
No. 10; 2005, No. 11; 2006, No. 12) is repealed.
2. The Cabinet shall, by 30 June 2009, issue the regulations
referred to in Section 3, Paragraphs three, four, five, and six,
Section 4, Paragraph three, Section 5, Paragraph three, Sections
8, 10, 14, 18, and Section 20, Paragraph two of this Law.
3. Until the day when the relevant Cabinet regulations come
into force, but not later than until 30 June 2009, the following
Cabinet regulations shall be applicable insofar as they are not
in contradiction with this Law:
1) Cabinet Regulation No. 626 of 4 November 2003, Procedures
for the Circulation of Animal Medicated and Dietetic Feed;
2) Cabinet Regulation No. 166 of 25 March 2004, Procedures for
Labelling Animal Feed;
3) Cabinet Regulation No. 237 of 6 April 2004, Regulations
Regarding Prohibited Substances in Animal Feed and Feed Materials
and Feed Harmlessness Requirements;
4) Cabinet Regulation No. 358 of 24 May 2005, Procedures for
Sampling Animal Feed;
5) Cabinet Regulation No. 382 of 31 May 2005, Procedures by
Which the Animal Feed Consignments shall be Controlled on the
State Border, in Free Zones, Free Warehouses and Customs
Warehouses;
6) Cabinet Regulation No. 7 of 2 January 2007, Regulations
Regarding the Requirements for the Place of Trade where Compound
Pet Animal Feed is Sold from Opened Original Packaging, and the
Procedures for the Registration of Such Place of Trade;
7) Cabinet Regulation No. 557 of 14 August 2007, Procedures
for the Recognition and Registration of Facilities Involved in
the Circulation of Animal Feed.
4. The new wording of Section 11, Paragraph one of this Law
shall come into force on 28 January 2022.
[21 November 2019 / Section 11, Paragraph one shall
be included in the wording of the Law as of 28 January
2022]
5. Chapter VI of this Law shall come into force concurrently
with the Law on Administrative Liability.
[21 November 2019]
6. The Cabinet shall, by 1 January 2020, issue the regulations
referred to in Section 19.1 and Section 20, Paragraph
four of this Law.
[21 November 2019]
7. Until the day of coming into force of the Cabinet
regulations referred to in Section 19.1 of this Law,
but not later than until 1 January 2020, Cabinet Regulation No.
1083 of 8 October 2013, Procedures by which Payment for the
Activities of State Supervision and Control of the Food and
Veterinary Service shall be Performed, shall be applicable
insofar as it is not in contradiction with this Law.
[21 November 2019]
8. The Cabinet shall, by 31 December 2020, make amendments to
Cabinet Regulation No. 730 of 30 June 2009, Procedures for the
Registration and Recognition of an Animal Feed Business Operator,
determining the procedures for the recognition and cancellation
of registration of a feed business operator.
[21 November 2019]
9. The Cabinet shall, by 28 January 2022, issue the
regulations referred to in Section 10, Paragraph three of this
Law.
[21 November 2019]
Informative
Reference to European Union Directives
[12 July 2010
This Law contains legal norms arising from:
1) [12 July 2010];
2) [12 July 2010];
3) [12 July 2010];
4) [12 July 2010];
5) [12 July 2010];
6) Commission Directive 98/68/EC of 10 September 1998 laying
down the standard document referred to in Article 9(1) of Council
Directive 95/53/EC and certain rules for checks at the
introduction into the Community of feedingstuffs from third
countries;
7) [12 July 2010];
8) Directive 2001/82/EC of the European Parliament and of the
Council of 6 November 2001 on the Community code relating to
veterinary medicinal products;
9) Directive 2002/32/EC of the European Parliament and of the
Council of 7 May 2002 on undesirable substances in animal
feed.
The Law has been adopted by the Saeima on 23 October
2008.
President V. Zatlers
Rīga, 13 November 2008
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)
