Publication date: 11.07.2024
Liability for violation of the rules for the provision of food services
The food industry is one of the most important sectors for any society, as it directly affects the health and well-being of the population. The quality of food products, compliance with sanitary standards and ensuring consumer safety are critical aspects in this area. Failure to comply with the established rules can lead to serious consequences, including poisoning, the spread of diseases and a decrease in consumer confidence in producers and suppliers. In this article, we will look at the main aspects of liability for violations of the rules for the provision of food services, the regulatory framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
The regulation of food services in Ukraine is based on several key legal acts:
TheLaw of Ukraine "On Basic Principles and Requirements to Food Safety and Quality":
- This is the main law that sets out the requirements for food safety and quality, regulates the production, circulation, labelling and sale of food products, and liability for violations of the law in this area.
TheLaw of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes consumer rights, obligations of service and goods providers, and the procedure for handling complaints and resolving consumer disputes.
TheLaw of Ukraine "On State Control over Compliance with Legislation on Food, Feed, Animal By-products, Animal Health and Welfare":
- Establishes the procedure for state control and supervision over compliance with food legislation, defines the powers of controlling authorities and liability for violations.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between consumers and food suppliers, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violations of food legislation, non-compliance with sanitary standards and other offences in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for food-related offences, including production and sale of food products hazardous to life and health, violation of hygiene rules and other offences.
Order of the Ministry of Health of Ukraine "On Approval of Sanitary Norms and Rules for Food Industry Enterprises":
- Sets out the sanitary norms and rules to be followed by food industry enterprises to ensure food safety and quality.
Major violations of the rules for the provision of food services
The main violations of the rules for the provision of food services may include:
Illegal production and sale of food products:
- Production and sale of food products without a relevant licence or permit, failure to comply with labelling and certification requirements.
Failure to complywith sanitary and hygienic requirements:
- Violation of sanitary and hygienic requirements during the production, storage, transportation and sale of food products, which can lead to food contamination and endanger the health of consumers.
Inadequatequality of services:
- Provision of services that do not meet the established quality standards, non-compliance with the terms of the contract between the client and the service provider.
Violation ofconsumer rights:
- Refusal to provide information about food products, deception regarding the quality or cost of products, failure to fulfil warranty obligations.
Production and sale of dangerous food products:
- The production and sale of food products containing harmful substances or microorganisms that can harm the health or life of consumers.
Types of liability for violations of the rules for the provision of food services
Violations of the rules for the provision of food services may result in various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of food legislation, non-compliance with sanitary standards, violations of consumer rights and other administrative offences. Sanctions may include fines, warnings, and temporary suspension of a business entity.
Civil liability:
- Civil liability arises in the event of material or moral damage to consumers as a result of improper provision of food services. Consumers have the right to seek damages through the courts. Liability may include compensation for material damage (cost of substandard products, medical expenses, etc.) and non-pecuniary damage (humiliation, mental stress).
Criminal liability:
- Criminal liability is incurred for crimes such as the production and sale of food products hazardous to life and health, and violations of hygiene rules that have led to serious consequences for the health or life of consumers. Sanctions may include fines, imprisonment, and prohibition to engage in certain activities.
Procedure for bringing to liability
The procedure for holding business entities and their employees liable for violations of the rules for the provision of food services depends on the type of violation and the form of liability:
Administrative procedure:
- Administrative offences may be detected during inspections by regulatory authorities (State Service of Ukraine on Food Safety and Consumer Protection, sanitary and epidemiological services) or following consumer complaints. In case of violations, an administrative protocol is drawn up and reviewed by the competent authority. After reviewing the protocol, a decision is made to impose administrative sanctions.
Civil procedure:
- In the event of material or moral damage, consumers may file a lawsuit for damages. The court examines evidence of improper food services, hears witnesses, and conducts expert examinations to determine the amount of damage. The court decides on the compensation of damages.
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