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The procedure for obtaining a food production permit

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Consultant # 1370
Consultant # 1370
Lawyer
Ukraine / Kyiv

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Publication date: 11.07.2024


 

The procedure for obtaining a food production permit
 

Food production is a critically important sector of the Ukrainian economy that provides the population with high-quality and safe food. To operate in this area, companies must comply with strict legal requirements and obtain the relevant permits. In this article, we will review the main aspects of the procedure for obtaining a food production permit in Ukraine, the regulatory framework, requirements for applicants and the application procedure.
 

Legal and regulatory framework
 

The process of obtaining a food production permit in Ukraine is regulated by 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, as well as liability for violations of legislation in this area.
     

TheLaw of Ukraine "On State Control over Compliance with Legislation on Food Products, 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.
     

Law of Ukraine "On Licensing of Economic Activities":
 

  • Regulates licensing of economic activities, including food production. It defines general requirements for licensees, the procedure for submitting and reviewing applications for licences, and the grounds for cancellation of licences.
     

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 complaints and consumer dispute resolution.
     

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.
     

Types of permits for food production
 

In Ukraine, there are several types of permits for food production, depending on the nature of the activity and the type of food products:
 

Food production licence:
 

  • A permit to carry out food production activities, including all stages from processing of raw materials to packaging of finished products.
     

Food processing licence:
 

  • A permit to carry out food processing activities, including processing, canning, freezing and other types of processing.
     

Licence for production of certain types of food products:
 

  • Permission to produce certain types of food products, such as dairy products, meat products, fish products, confectionery, etc.
     

Licence for the production of organic food products:
 

  • Permit to produce organic food products that meet the requirements of organic farming and production.
     

Requirements for applicants
 

In order to obtain a food production permit, a business entity must meet a number of requirements set by law. The main requirements include:
 

Organisational and legal form:
 

  • The food production permit may be obtained by legal entities and individual entrepreneurs registered in accordance with the laws of Ukraine.
     

Material and technical base:
 

  • The business entity must have the necessary material and technical base for the production of food products, including equipment, vehicles, storage facilities and other resources.
     

Compliance with sanitary standards:
 

  • Premises, equipment and vehicles must meet the sanitary and hygienic standards established by law.
     

Staff qualifications:
 

  • The business entity must have qualified employees who have the necessary knowledge and experience for the production of food products. The staff must have appropriate education, training and certificates.
     

Nocriminal record:
 

  • The managers and employees of the business entity must not have any convictions for serious crimes, crimes against property, life and health, as well as other crimes provided for by law.
     

The procedure for applying for a permit
 

The procedure for applying for a food production permit includes several stages:
 

Preparation of documents:
 

  • The applicant must prepare a package of documents required to obtain the permit. This package includes:
    • An application for the permit in the prescribed form.
       
    • Copies of constituent documents (for legal entities).
       
    • A copy of the state registration certificate (for individual entrepreneurs).
       
    • Documents confirming the availability of the material and technical base (lease agreements for premises, equipment acceptance certificates, etc.)
       
    • Documents confirming compliance with sanitary and hygienic standards (conclusions of the sanitary and epidemiological service, etc.).
       
    • Qualification documents of employees (diplomas, certificates, work experience certificates, etc.).
       

Submission of theapplication:
 

  • The application along with the package of documents is submitted to the licensing authority, which is the State Service of Ukraine on Food Safety and Consumer Protection or another competent authority depending on the type of food production. Documents may be submitted in person, by mail or electronically through specialised portals. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
     
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