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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
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