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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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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)

 
Document information
Title: Dzīvnieku barības aprites likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 23.10.2008.Entry into force: 27.11.2008.Theme: Protection of animals; Administratīvās atbildības ceļvedisPublication: Latvijas Vēstnesis, 177, 13.11.2008.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 24, 23.12.2008.
Language:
LVEN
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