Publication date: 11.07.2024
Consumer protection in the food sector
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. Ensuring food quality and safety is a key task for the state, producers and suppliers. Consumers have the right to receive safe, high-quality products and to protect their rights in case of violations. In this article, we will review the main aspects of consumer protection in the food sector, the regulatory framework, consumer rights, protection mechanisms and the procedure for appealing against violations.
Legal and regulatory framework
Consumer protection in the food sector 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, 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.
TheLaw of Ukraine "On Food Safety and Quality":
- Defines the requirements for the safety and quality of food products, including agricultural products, and the procedure for state control and supervision over compliance with these requirements.
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.
Basic consumer rights in the field of food products
The fundamental rights of consumers in the field of food products, as defined by Ukrainian legislation, include:
Theright to safe and quality products:
- Consumers have the right to receive safe and quality food products that meet established standards and regulations.
The right toinformation:
- Consumers have the right to complete and accurate information about food products, including information about the conditions of production, processing, storage and sale of food products.
The right tochoose:
- Consumers have the right to freely choose the food products and services offered on the market. Service providers do not have the right to impose products or services on consumers that they do not need.
Theright to compensation for damages:
- In the event of improper provision of services or sale of low-quality food products, consumers have the right to compensation for damages, including compensation for material and moral damages.
Theright to apply to courts and other consumer protection authorities:
- Consumers have the right to apply to courts, consumer protection authorities and human rights organisations to protect their rights.
Theright to safety and health protection:
- Consumers have the right to protect their lives and health from dangerous or harmful products and consumption conditions.
Consumer protection mechanisms
Ukrainian legislation provides for several mechanisms for consumer protection in the food sector:
Contacting the supplier of food products or services:
- In the event of defects or inconsistencies in the services or products provided, consumers have the right to contact the supplier directly to request the elimination of violations, replacement of products or services, reduction of the cost or refund.
Appealto consumer protection authorities:
- Consumers may file a complaint with the State Service of Ukraine on Food Safety and Consumer Protection or other competent authorities to protect their rights. Consumer protection authorities review complaints, inspect the activities of food or service suppliers, and apply enforcement measures in case of violations.
Judicialprotection:
- Consumers have the right to file lawsuits to protect their rights, including claims for damages, compensation for non-pecuniary damage, and an obligation to remedy violations.
Pre-trial dispute resolution:
- The legislation provides for the possibility of pre-trial settlement of disputes between consumers and suppliers of food products or services, including mediation, arbitration and other forms of alternative dispute resolution.
Appeal to human rights organisations:
- Consumers can turn to human rights organisations and lawyers to protect their rights and interests.
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