State control: the SCGPA will conduct inspections up to 4 times a year

The government approved the criteria for assessing the degree of risk from economic activity, as well as the procedure for determining the frequency of the planned state control of market operators (capacities) by the State Service of Ukraine on food safety and consumer protection.

The corresponding resolution No. 896 “Some issues of the implementation of planned state control measures by the State Service for Food Safety and Consumer Protection” was adopted on October 31, 2018 and has already entered into force.

The approved Procedure and criteria establish a procedure for determining the frequency of implementation of planned state control measures in the form of inspection and audit of the compliance of market operators’ activities (capacities) with the requirements of legislation on food, feed, animal health and welfare, which are carried out by the State Food Service.

The criteria for assessing the degree of risk from the implementation of economic activity are:

(a) certain risks associated with animals, food, feed, market operators (facilities), use of food or feed, processes, materials, substances, activities or operations that may adversely affect the safety of food and / or feed the health and well-being of animals;

(b) the results of the implementation of preliminary measures of state control;

(c) the effectiveness of the procedures applied by the market operator (facilities) in order to comply with legislation on food, feed, animal health, and welfare;

(d) information that may indicate non-compliance of economic activities with the requirements of food, feed, animal health, and welfare legislation.

If the power meets simultaneously several indicators (characteristics) of the criterion, it is the highest score among the relevant indicators (characteristics). Based on the accrued amount of points, each capacity (object) in accordance with the scale of points refers to a certain degree of risk:

(a) from 90 points and more – to a very high degree of risk;

(b) from 70 to 89 points – to a high degree of risk;

(d) from 21 to 39 points – low risk;

(e) from 0 to 20 points – to an insignificant degree of risk.

Planned state control measures are carried out with the following frequency:

(a) with a very high degree of risk – inspections – no more than 4 times a year, an audit – no more than once a year;

(b) with a high degree of risk – inspections – no more than 3 times a year, an audit – no more than 1 times a year;

(d) with a low degree of risk – inspections – no more than once a year, an audit – no more than once every two years;

(e) with an insignificant degree of risk – inspections – no more than once every two years, an audit is not carried out.

The act of categorization of capacity in the field of safety and individual indicators of food quality is compiled annually by state inspectors of territorial bodies of the State Consumer Food Consumer Service for each capacity no later than November 1 of the current year based on information available as of September 30 of the current year. Regarding the capacities that began operations in the current year, such an act is drawn up no later than 10 working days from the date of their state registration or the issuance of an operational permit.

The first inspection of facilities that are commissioned in the current year is carried out no later than:

(a) three months from the date of issue of the operational capacity permit;

(b) six months from the date of state registration of capacity.

At the same time, we note that the inspection plan for 2019 was approved by the State Consumer Goods Protection Authority and its territorial bodies.

The corresponding order No. 965 dated November 27, 2018 “On approval of the annual state control plan of the State Service of Ukraine on food safety and consumer protection (in the areas of safety and selected indicators of food quality, veterinary medicine)” is posted on the site of the State Food Service.

Inspections will be carried out without warning (notification) of the market operator, except for an audit and other cases where such a warning is a necessary condition for ensuring the effectiveness of state control.

An audit of permanent procedures is carried out subject to notification of the market operator no later than three working days before the implementation of such an event. Notifications will be sent by registered mail at the location (place of residence) of the market operator specified in the Unified State Register of Legal Entities, Individuals – Entrepreneurs and Public Formations, or by e-mail to the address of the market operator specified in the registry, or delivered personally against a receipt of the head or representative of the market operator.