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MAIN PRINCIPLES CONTAINED IN THE BILL REGARDING FOOD SAFETY

Social, political and economical transformations in Romania have induced changes on the legislative level too, the last few years being marked by many technical evolutions as well as many food production regulations, the comunitar legislation being the main source of inspiration

The new regulations, harmonized with the comunitar legislation in the field, labored (most of the times in collaboration) with the official control organisms of food safety, are putting a special accent on the quality and security of food products.

The stated intention of Romania to become a member of the EU, as well as the free movement of goods necessitates the compliance with a great range of requirements regarding food safety, which cannot be realized without conceiving a safe process of producing the aliment.

With a view to come near (harmonize) the concepts, principles and the procedures regarding the safety of food products, the official control organisms of food safety (The Agriculture, Forestry, Water and Environment Ministry, Health Ministry and The National Authority for Consumer Protection) draw up a bill regarding food safety, it's final edit being analyzed in September 2003 at the European Integration Ministry within the sectorial mission for the chapter "free movements of goods".

The law regarding food safety will be a framework regulation which transposes the main principles contained in the (CE) Regulations no. 178/2002 of the European Parliament and Council from the 28th of January 2002 regards:

  • the guarantee that dangerous food products are not put about on the market;
  • the existence of systems allowing the identification of food safety problems and solving them with the view of assuring a good running of the interior market and assure the protection of consumer health;
  • animal food safety;
  • food products contact materials safety as elements that can have a potential impact over food products safety;
  • risk analysis, evaluation and monitoring.
In the definition of the acquis communautaire, European Council and Parliament Regulation (CE) no. 178/2002, "aliment" (or food product) represents any product or substance, regardless if it's processed, partially processed or unprocessed, reasonably provided for human consumption. "Aliments" include drinks, chewing gum and any substance, including water, intentionally included in aliments in the course of production. "Aliments" don't include: animal nourishment, live animals, excepting the cases when they are prepared for human consumption; plants, before they are cropped; medical products, according to the Council's directions 65/65/CEE1 and 92/73/CEE2; cosmetics, according to the Council's direction 76/768/CEE3; tobacco and tobacco products, according to the Council's direction 89/622/CEE4; narcotics or psychotropic substances, according to the United Nation's unique Convention regarding Narcotics, 1961 and of the United Nation's Convention regarding Psychotropic Substances, 1971; residues and contaminated substances.
The European legislation in the food industry field covers all the stages of food production, processing and distribution and of animal nourishment used or produced for the nourishment of food producing animals.

According to the European legislative regulations, transposed in the bill, food products will not be commercialized if they're not safe. It is considered that the aliments are not safe if they:
- are damaging to health;
- are not suitable for human consumption.

When it is determined that an aliment is safe or not, it must be kept in view:
- the normal condition of aliment usage by the consumer and in each stage of production, processing and distribution;
- the information provided to the consumer, including the label information or other general available information for the consumer in order to avoid certain negative effects on health, of a certain aliment or of a certain group of aliments.

When it is determined that an aliment is harmful to health, it must be kept in view:
- the immediate likely effects and/or short or long term of that aliment on the consumer's health, as well as on the next generations;
- the probable cumulative toxic effects;
- the special sensitivity, from the health point of view, of a specifying group of consumers.

In the events when an unsafe aliment belongs to a transport, lot or to a group of aliments from the same class or having the same description, it's assumed that all aliments from the respective transport, lot or group are not safe as well, excepting the events in which, following a detailed evaluation, there are no proofs that the rest of the transport, lot, or group are not safe.

Animal nourishment

Regarding animal nourishment, the acquis communautaire stipulates that it presents risks for it's intended usage if:
- it has a negative effect on human or animal health;
- it causes a risk for human consumption of aliments from the animal products derived from animals .

In Romania, the institutions responsible for justice administration are: The Agriculture, Forestry, Water and Environment Ministry, Health Ministry and The National Authority for Consumer Protection and local institutions.

According to the European Council and Parliament's Regulations (CE) no. 178/2002, the institutions that administrates in the European Union the politics regarding aliment safety is the European Authority for Food Safety. A institution with the same attributions was founded in Romania as well, through a decision taken in a government meeting in the 28th of august 2003 (O.G. 90/2003).

The new institution is called The Romanian Agency for Food Safety (ARSA), which is running in cooperation with MAPAM, MS and ANPC and its purpose is to assure food safety, from the raw material's production to the distribution of aliments to the consumer.


Eng. Mioara MECHEA
LAREX CERT









5 February 2012

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