Aptauja ilgs līdz 23. oktobrim.
Procedures for the Recognition and Registration of Food EstablishmentsIssued pursuant to [9 February 2016] I. General Provisions1. The Regulation prescribes: 1.1. the procedures for the recognition and registration of food establishments in accordance with: 1.1.1. Article 148 of Regulation (EU) 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 Parliament and of the Council); 1.1.2. Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (hereinafter - Regulation No 853/2004 of the Parliament and of the Council); 1.1.3. Article 6 of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (hereinafter - Regulation No 852/2004 of the Parliament and of the Council); 1.2. the procedures by which the service provider of another European Union Member State or a country of the European Economic Area is permitted to provide a temporary service in the handling of food in the Republic of Latvia. [3 May 2022] 2. The terms used in this Regulation: 2.1. 'recognition' corresponds to the term 'approval' used in Article 148 of Regulation (EU) 2017/625 of the Parliament and of the Council, Article 4 of Regulation No 853/2004 of the Parliament and of the Council, and Article 6 of Regulation No 852/2004 of the Parliament and of the Council; 2.2. 'submission' corresponds to the term 'application' used in Regulation (EU) 2017/625 of the Parliament and of the Council. [3 May 2022] 2.1 The Food and Veterinary Service (hereinafter - the Service) shall commence the procedure for the recognition and registration of a food establishment after receipt of the submission (Annex 1) referred to in Paragraph 4 or 24 of this Regulation and the documents referred to in Paragraphs 4.1 and 24.1 if information regarding acceptance for operation of the relevant structure or group of premises has been registered in the State Immovable Property Cadastre Information System (hereinafter - the Cadastre Information System) and the type of use of the structure or group of premises registered therein conforms to the foreseeable activity. [18 June 2019] 2.2 If the same premises (territory) or equipment is to be used by several food establishments subject to recognition or registration, each establishment shall ensure an autonomous activity that is separated in time or space and that is confirmed by the relevant mutual contracts. [21 May 2013] 2.3 The Service shall process personal data (given name, surname, personal identity number, address, telephone number, electronic mail address) in order to recognise or register a food establishment, to issue a recognition or registration certificate, and also to make changes in the register of objects under supervision and to contact a food establishment. Personal data shall be stored for five years after deletion of an establishment from the register of objects under supervision. [18 June 2019] II. Procedures for the Recognition of a Food Establishment3. The food establishment which does not need to be recognised in accordance with Regulation No 853/2004 of the Parliament and of the Council and which conforms to the requirements laid down in Regulation No 852/2004 may request recognition in accordance with this Regulation. [3 May 2022] 4. The food establishment shall submit a submission (Annex 1) to the territorial unit of the Service or shall send it by post or electronically if it has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents. [21 May 2013; 18 June 2019] 4.1 The food establishment shall append to the submission referred to in Paragraph 4 of this Regulation a copy of the document certifying the right of the establishment to operate in the relevant immovable property if the ownership rights or rights to use have not been corroborated in the Land Register and also a plan for the territory and premises in which the establishment will be operating. If necessary, the Service shall request to present the documents (for example, a contract) certifying the right to use technical equipment and production facilities. [18 June 2019] 5. The Service shall, within five working days after receipt of the documents referred to in Paragraphs 4 and 4.1 of this Regulation, examine them and agree with the food establishment on the starting date and course of the recognition procedure. The recognition procedure of the food establishment shall be commenced within 20 days after receipt of the submission. [9 February 2016] 6. The Service shall examine the conformity of the food establishment with the requirements laid down in Regulation No 852/2004 of the Parliament and of the Council and Regulation No 853/2004 of the Parliament and of the Council and prepare an evaluation protocol (hereinafter - the protocol) in two copies. The first copy of the protocol shall be issued to the food establishment, but the second copy shall be kept by the Service. 7. The Service shall, within five working days, take one of the following decisions: 7.1. on conditional recognition of the food establishment for up to three months and on granting of the conditional recognition number in accordance with Article 148(4) of Regulation (EU) 2017/625 of the Parliament and of the Council; 7.2. on recognition of the food establishment after the first visit to the food establishment and on granting of the recognition number if the food establishment conforms to the requirements laid down in Regulation No 852/2004 of the Parliament and of the Council and Regulation No 853/2004 of the Parliament and of the Council; 7.3. on refusal to recognise the food establishment if it does not conform to the requirements laid down in the laws and regulations regarding the handling of food and shall indicate the justification for refusal. [3 May 2022] 8. [3 May 2022] 9. Upon taking the decision referred to in Sub-paragraphs 7.1 and 7.2 of this Regulation, the Service shall also notify the recognition or conditional recognition number granted to the food establishment and, if the food establishment wishes, issue a recognition certificate. 10. In the case referred to in Sub-paragraphs 7.1 and 7.2 of this Regulation the Service shall include the food establishment in the register of objects under supervision of the Service (hereinafter - the register of objects under supervision), indicating the conditional recognition number or recognition number granted. 11. If the food establishment to which a conditional recognition number has been granted has eliminated the non-conformities indicated in the protocol within three months after notification of the number, it shall notify the Service of readiness to continue the recognition procedure. 12. If the food establishment has not eliminated the majority of non-conformities indicated in the protocol within three months after notification of the conditional recognition number, the Service shall: 12.1. take the decision not to extend the time period of conditional recognition; 12.2. cancel the conditional recognition number granted to the food establishment. [3 May 2022] 13. The Service may extend the time period of conditional recognition for another three months if, upon performance of repeated inspection, it detects that the food establishment has eliminated the majority of non-conformities indicated in the protocol (has achieved undeniable progress in arranging of the structure and operation of the establishment). In total conditional recognition may not be granted for a time period exceeding six months from the day when the Service has performed the first inspection in the food establishment in accordance with Paragraph 6 of this Regulation. 14. If, upon expiry of the extension of time period referred to in Paragraph 13 of this Regulation, the Service detects during an inspection that the food establishment does not, however, conform to the requirements of the laws and regulations regarding handling of food, it shall: 14.1. take the decision to refuse to recognise the food establishment; 14.2. cancel the conditional recognition number granted to the food establishment. [3 May 2022] 15. The time period of conditional recognition on freezer and factory vessels flying the flag of the State of Latvia may be extended in accordance with Article 148(4) of Regulation (EU) 2017/625 of the Parliament and of the Council. [3 May 2022] 16. If the food establishment has eliminated the non-conformities indicated in the protocol, the Service shall: 16.1. exchange the conditional recognition number of the food establishment in the register of objects under supervision for the recognition number and notify the food establishment thereof; 16.2. issue a recognition certificate to the food establishment if the food establishment wishes to receive it. 17. The following shall be indicated in the recognition certificate of the food establishment: 17.1. the name, legal and actual address of a legal person (for a natural person - the given name, surname, address of the declared place of residence, and actual address); 17.2. the registration number of the food establishment in the Commercial Register or the Enterprise Register; 17.3. the type of activity of the food establishment and the name of the food product group; 17.4. the recognition number of the food establishment according to the register of objects under supervision of the Service. 18. The Service shall grant one recognition number to an establishment performing activities of several types at one actual address. 19. If a food establishment has several actual addresses (the units or branches of the food establishment are located at different locations), an individual recognition number shall be granted to the food establishment according to each location of activity and the actual location where activity is performed shall be included in the register of objects under supervision as an individual food establishment. 20. If several food establishments are operating at one actual address, the Service shall grant the recognition number to each food establishment. 21. The recognition number of a food establishment shall be indicated: 21.1. [9 February 2016]; 21.2. on the food identification labelling - in accordance with Section I, Part B, point 7 of Annex II to Regulation No 853/2004 of the Parliament and of the Council; 21.3. on the health mark - in accordance with Article 48 of and Annex II to Commission Implementing Regulation (EU) 2019/627 of 15 March 2019 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No 2074/2005 as regards official controls. [3 May 2022] 22. In accordance with Article 10(2) of Regulation (EU) 2017/625 of the Parliament and of the Council, the Service shall compile, maintain, and update the lists available to the public in the register of objects under supervision. The Service shall submit the list of recognised food establishments to the European Commission and also notify of the cancellation of recognition of a food establishment. The Service shall ensure the availability of the register of objects under supervision on its website in compliance with the requirements determined in the laws and regulations governing personal data processing. [3 May 2022] III. Procedures for the Registration of a Food Establishment23. The Service shall register a food establishment which does not require recognition in accordance with Article 4 of Regulation No 853/2004 of the Parliament and of the Council in the register of objects under supervision (except for the food establishments referred to in Paragraph 23.1 of this Regulation). [3 May 2022] 23.1 The Service shall register a food establishment operating with primary production of food products of animal origin - raw milk, fish, and eggs - in the register of primary production undertakings of food products of animal origin created in the database of the Agricultural Data Centre which is a part of the register of objects under supervision of the Service. [9 February 2016] 24. The food establishment shall submit a submission (Annex 1) to the territorial unit of the Service or shall send it by post or electronically if it has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents. [21 May 2013] 24.1 The food establishment shall append to the submission referred to in Paragraph 24 of this Regulation a copy of the document certifying the right of the establishment to operate in the relevant immovable property if the ownership rights or rights to use have not been corroborated in the Land Register and also a plan for the territory and premises in which the establishment will be operating. If necessary, the Service shall request to present the documents (for example, a contract) certifying the right to use technical equipment and production facilities. [18 June 2019] 24.2 Upon receipt of the documents referred to in Paragraphs 24 and 24.1 of this Regulation, the Service shall, within five working days, register the food establishment and grant the registration number thereto, unless the submitter of the documents is the food establishment referred to in Paragraph 24.3 of this Regulation. [3 May 2022; Paragraph shall come into force on 1 July 2022. See Paragraph 32] 24.3 Upon receipt of the documents referred to in Paragraphs 24 and 24.1 of this Regulation from the food establishment which operates with food processing, including preparation of meals, and which need not be recognised, the Service shall, within five working days, examine them and agree with the food establishment on the date and time of the pre-registration inspection. The pre-registration procedure of the food establishment shall be commenced within 20 days after receipt of the documents. [3 May 2022; Paragraph shall come into force on 1 July 2022. See Paragraph 32] 24.4 The Service shall examine the conformity of the food establishment referred to in Paragraph 24.3 of this Regulation with the requirements laid down in Regulation No 852/2004 of the Parliament and of the Council and in laws and regulations in the field of the handling of food and shall prepare an inspection report in two copies. One copy of the protocol shall be issued to the food establishment but the other copy shall be kept by the Service. [3 May 2022; Paragraph shall come into force on 1 July 2022. See Paragraph 32] 24.5 The Service shall, within five working days after the inspection referred to in Paragraph 24.4 of this Regulation, take one of the following decisions: 24.5 1. on the registration of the food establishment and the granting of the registration number if the food establishment conforms to the requirements laid down in Regulation No 852/2004 of the Parliament and of the Council and in laws and regulations in the field of the handling of food; 24.5 2. on the refusal to register the food establishment if it does not conform to the requirements laid down in Regulation No 852/2004 of the Parliament and of the Council and in the laws and regulations regarding the handling of food and shall indicate the justification for refusal. [3 May 2022; Paragraph shall come into force on 1 July 2022. See Paragraph 32] 25. If the food establishment wishes, the Service shall issue a registration certificate. The following shall be indicated in the registration certificate: 25.1. the name, legal and actual address of a legal person (for a natural person - the given name, surname, address of the declared place of residence, and actual address); 25.2. the registration number of the food establishment in the Commercial Register or the Enterprise Register; 25.3. the type of activity of the food establishment and the name of the food product group; 25.4. the registration number of the food establishment according to the register of objects under supervision. [3 May 2022 / The new wording of Paragraph shall come into force on 1 July 2022. See Paragraph 2 of Amendments] 25.1 If registration of the food establishment and the registration number is cancelled in the cases referred to in the Law on the Supervision of the Handling of Food, the same food establishment shall be registered in the same premises (territory) after the inspection performed by the Service in which the conformity of the establishment with the requirements of the laws and regulations governing the handling of food has been detected. [3 May 2022] III.1 Procedures for Sending and Registration of a Notification of a Temporary Service Provider[21 May 2013] 25.2 A person who wishes to commence the provision of temporary services in the handling of food in the territory of the Republic of Latvia within the meaning of the Freedom to Provide Services Law (hereinafter - the service provider) shall submit an electronically scanned notification referred to in Annex 2 to this Regulation (hereinafter - the notification) to the Service, sending it to the official postal address or electronic mail of the Service and shall commence the operation in the time period indicated in the notification. 25.3 The service provider shall submit the notification not later than within one working day prior to the commencement of the temporary service. 25.4 The Service shall, within one working day after receipt of the notification, check the veracity of the information provided by the service provider, assess its conformity with the requirements referred to in this Regulation and the Freedom to Provide Services Law, and implement the necessary administrative cooperation with the responsible institutions of other Member States, using the Internal Marker Information System (IMI). 25.5 If the Service detects that the service indicated in the notification conforms to the requirements laid down in this Regulation and the Freedom to Provide Services Law, it shall register the service provider in the register of objects under supervision of the Service. 25.6 If the Service detects that the service indicated in the notification could cause serious harm to human health, safety, or the environment, it shall not register the service provider in the register of objects under supervision of the Service and inform the market surveillance authority of another Member State in which the service provider has been registered as a performer of economic activity or is providing the service and the European Commission, using the exchange of warning information of the Internal Marker Information System (IMI). 25.7 After the end of the time period referred to in Sub-paragraph 4.3 of the notification, if the service provider wishes to repeatedly commence the provision of the temporary service, it shall submit a notification regarding the provision of the temporary service to the Service which includes only the information that has changed after submission of the previous notification. 25.8 The service provider shall, during the provision of the temporary service, inform the Service of changes in the information indicated in the notification. 25.9 The Service may prohibit the provision of the temporary service in the handling of food in the territory of the Republic of Latvia if its decision is justified by the non-conformity of the service provider with the laws and regulations governing the handling of food or the protection of the public interests specified in the Freedom to Provide Services Law. IV. Changes in the Operation of a Food Establishment26. A food establishment shall inform the Service in writing of changes in the operation which are related to the handling of food, temporary discontinuation of operation, and termination of operation prior to introduction of such changes. [21 May 2013] 26.1 The Service shall make an entry in the register of objects under supervision regarding temporary discontinuation of the operation of a food establishment. [21 May 2013] 26.2 The food establishment shall notify the Service of renewal of the operation. [21 May 2013] 26.3 The Service shall, within three working days, delete an entry in the register of objects under supervision regarding temporary discontinuation of the operation of the food establishment: 26.3 1. after receipt of information regarding renewal of operation of the food establishment if its operation had been discontinued for not more than a year; 26.3 2. after the inspection performed at the food establishment in which it has been detected that the food establishment conforms to the requirements laid down in the laws and regulations governing the handling of food if the operation of the food establishment had been discontinued for more than a year. [21 May 2013] 26.4 The Service shall check whether the type of use of a structure or group of premises registered in the Cadastre Information System conforms to the foreseeable action when the food establishment informs the Service of: 26.4 1. changes in the operation which are related to the handling of food; 26.4 2. renewal of operation if it had been discontinued for more than a year. [18 June 2019] 26.5 The territorial unit of the Service shall inform an institution performing the functions of the building authority if it is detected that a structure or group of premises is not used according to the type of use registered in the Cadastre Information System. [18 June 2019] 27. [3 May 2022] 27.1 If the food establishment wishes to change the status (recognised or registered food establishment), the Service shall cancel the previous status prior to granting a new status. [21 May 2013] V. Closing Provisions[9 February 2016] 28. A food establishment which has been recognised or registered with the Service until the day of coming into force of this Regulation shall preserve the previously granted status and recognition or registration number. 29. A producer of cow raw milk products regarding which information has been provided to the Agricultural Data Centre (regarding the raw milk and other milk products sold in the time period from 1 January 2015 until 31 December 2015 in accordance with Cabinet Regulation No. 841 of 1 November 2011, Procedures for the Gathering and Compiling Information Regarding the Prices and Trading Volumes of Agricultural Products in a Specific Reporting Period) shall, until 15 February 2016, be included in the register of primary production undertakings of products of animal origin. [9 February 2016] 30. A food establishment which is engaged in primary production of food products of animal origin - fish and eggs - and has been registered in the register of objects under supervision of the Service until 15 February 2016 shall be included in the register of primary production undertakings of products of animal origin. [9 February 2016] 31. A food establishment which has commenced the primary production of food products of animal origin - raw milk, fish, and eggs - until 15 February 2016, however, has not been registered in the register of objects under supervision of the Service shall, until 15 August 2016, submit the documents necessary for registration to the Service. [9 February 2016] 32. Paragraphs 24.2, 24.3, 24.4, and 24.5 of this Regulation shall come into force on 1 July 2022. [3 May 2022] Prime Minister V. Dombrovskis Minister for Agriculture J. Dūklavs
Annex 1 [21 May 2013; 18 June 2019] Submission for Recognition or Registration of a Food Establishment
Note. A representative of the food establishment shall, on a selective basis, complete Sub-paragraph 2.1 of this submission, describing in free form the activities which are performed, or Sub-paragraph 2.2, indicating the codes of activities according to the classifier of principal activities of the Food and Veterinary Service which is available on the website of the Service. 3. Groups of food products: meat, processed meat products fish products milk, processed milk products eggs, processed egg products composite products (products of animal and plant kingdoms) fresh fruit, berries, and vegetables processed products of plant kingdom other (indicate which) 4. I wish to receive a recognition or registration certificate: yes no
6. I hereby declare that the information provided is complete and true. 7. Date* ______________________ 8. Signature* ______________________ 8.1 Personal data processing shall take place in accordance with Paragraph 2.3 of Cabinet Regulation No. 104 of 2 February 2010, Procedures for the Recognition and Registration of Food Establishments. To be filled in by an official of the Food and Veterinary Service
Recognition/registration of the food establishment (underline as appropriate)
Note. * The details of the document "date", "signature", and "place for a seal" need not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.
Annex 2 [21 May 2013; 18 June 2019] Notification Regarding Provision of Temporary Service in the Handling of Food in the Territory of the Republic of Latvia
To be filled in by an official of the Food and Veterinary Service
9. Decision of the Food and Veterinary Service: to permit the provision of the temporary service not to permit the provision of the temporary service Note. * The details "signature", "date", and "place for a seal" of the document need not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents. Translation © 2022 Valsts valodas centrs (State Language Centre) |
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Title: Pārtikas uzņēmumu atzīšanas un reģistrācijas kārtība
Status:
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