Regulation No. 91 of 2007 of Minister of Agriculture on Statutes of the Veterinary and Food Board

Statutes of the Veterinary and Food Board Approved on June 13th, 2007 No. 91 RTL 2007, 49, 898 effective as of July 1st, 2007 The Statutes are established under the «Government of the Republic Act» § 42 Section 1. Chapter 1. GENERAL TERMS § 1. Status of the Veterinary and Food Board (1) The Veterinary and Food Board (hereinafter called the Board) is a government authority operating in the area of administration of the Ministry of Agriculture with a directing function performing state supervision and applying the enforcement powers of the state in the area of veterinary activities, feed hygiene, food safety, farm animal breeding, common organizations of markets and organic farming according to the terms and in the extent provided in the legislation. (2) In performance of its obligations, the Board represents the state. (3) The name of the Board in English is Veterinary and Food Board. § 2. Budget, bank account, stamp and insignia of the Board (1) The Board has its own budget and bank accounts under the group account of the Treasury. The expenses of the Board are covered from the state budget. (2) The Board has a circular stamp with diametre of 35 mm, with a small image of the national coat of arms in the centre. The upper edge of the circle includes words «Veterinaar- ja Toiduamet». (3) The Board has blank document forms with a small image of the national coat of arms as a design and security element. The procedure for using the blank document form is established in the operations procedure of the Board. (4) The Board uses the national flag according to the legislation. (5) The Board has an emblem that can be used on the letter form and general form of the Board, as well as on any other printed document or souvenir of the Board. (6) The Board, a structural unit of the Board and a local authority of the Board may use other symbols approved according to established procedures. § 3. Supervision of the operation of the Board The Board has a reporting obligation to the Minister of Agriculture, who directs and coordinates its activities through the Chancellor of the Ministry of Agriculture and performs supervisory control over its activities. § 4. Location of the Board (1) The board is located in Tallinn. The mailing address of the Board is Väike-Paala 3, 11415 Tallinn. (2) The location and mailing address of a local authority of the board is provided in the statutes thereof. Chapter 2. AREA OF ACTIVITY AND TASKS OF THE BOARD § 5. Area of activity of the Board The area of activity of the Board is organisation of the fulfilment of the legislation on veterinary activities, feed hygiene, food safety, farm animal breeding, common organizations of markets and organic farming, performing state supervision and and applying the enforcement powers of the state within its competency according to the terms and in the extent provided in the legislation. § 6. Tasks of the Board The Board: 1) organises and coordinates the control of infectious animal disease and disease common to people and animals; 2) organises and supervises the health and well-being of animals and animal products, as well as the uses of medicinal products and medicated feedingstuffs by veterinarians and keepers of animals producing animal products; 3) organises and supervises the correspondence of food, materials and objects designed to be in contact with food and companies where food is processed, processing of food and the manufacturing, processing and marketing of the said materials and objects to the requirements established in the legislation; 31) coordinates the preparation of a national control plan on feedingstuffs, animal health and well-being, and drafting of a relevant report; [RT I, 28.06.2011, 3 - effective as of 01.07.2011] 4) operates as a contact authority for the quick warning system for food and feedingstuffs (RASFF) and the veterinary and food control computer system uniting the competent authorities of the European Union (TRACES) and organises the operation of the above systems in Estonia; 5) organises and executes supervision of the application of measures of organizations of markets within its competency; 6) organises and executes supervision of the conformity of determination, description and presentation of alcohol for sale and operates as an authorised processor of the state register of alcohol; 7) organises and executes supervision of farm animal breeding and preservation of genetic resources; 8) organises and executes supervision of a person producing or marketing products marked or intended to be marked as originating from organic farming, including importing; 9) organises and performs supervision of the conformity of feedingstuffs and production of feedingstuffs and operates as an authorised processor of the state register of feedingstuffs; 10) issues activity permits of veterinarian necessary for practising as a veterinarian; 11) analyses the situation of animal health care, animal protection, feed hygiene, food safety, animal breeding and organizations of markets in the country, develops an activity plan related to the area of activity of the Board and supervises the fulfilment of those; 12) analyses, directs and checks the activity of the local authorities of the Board and organises cooperation between those; 13) applies the enforcement powers of the state according to the terms and in the extent provided in the legislation; 14) suggests the development or amendment of a piece of legislation and provides an opinion regarding a piece of legislation related to the area of activity of the Board; 15) participates in the preparation of a national development document and makes a suggestion to the Ministry of Agriculture to develop the relevant policy; 16) cooperates with another governmental authority, state authority administered by governmental authority, local government unit, professional association and a relevant administrative agency and international organisation; 17) participates in the decision-making process of the European Union related to its area of activity, as well as in the work of its authorities and develops draft decisions necessary for participation in the decision-making process of the European Union; 18) fulfils other tasks assigned to the Board by decisions of Riigikogu, decrees of the President of the Republic, regulation and order of the Government of the Republic and regulation and order of the Minister of Agriculture. Chapter 3. MANAGEMENT OF THE BOARD § 7. Manager of the Board The Board is managed by Director General who is appointed and released by the Minister of Agriculture according to the suggestion of the Chancellor of the Ministry of Agriculture. § 8. Director General (1) Director General: 1) manages the work of the Board and organises the fulfilment of the tasks in the competency of the Board through deputy director generals and managers of the local authorities of the Board; 2) coordinates, directs and checks the work of the general department and local authority of the Board; 3) represents the Board and issues general and special authorisations for representing the Board; 4) is responsible for precise and expedient fulfilment of the legislation governing the activities of the Board and reports to the Minister of Agriculture; 5) ensures the application of the internal control system of the Board; [RT I, 12.06.2013, 1 - effective as of 01.07.2013] 6) appoints and releases officials to/from their positions at the Board, concludes and terminates employment contracts; [RT I, 15.03.2013, 2 - effective as of 01.04.2013] 7) appoints and releases managers of local authorities, subject to the approval of the Minister of Agriculture and the county governor; 8) assigns disciplinary punishment to an official on grounds and by procedures established in the legislation; [RT I, 15.03.2013, 2 - effective as of 01.04.2013] 9) approves the operations procedure of the Board, statutes of a structural unit and a job description; [RT I, 15.03.2013, 2 - effective as of 01.04.2013] 10) concludes agreements within his/her competency; 11) if necessary, forms a permanent or temporary committee with consulting rights, council and work group and determines tasks and work procedures for those; 12) organises prudent use of state assets in possession of the Board under the State Assets Act 13) performs supervisory control according to chapter 6 of the regulation; 14) makes a suggestion to the Minister of Agriculture regarding the incomes and expenses of the Board and its local authority, and supervises the precise and expedient fulfilment of the budget; 15) makes a suggestion to the Minister of Agriculture regarding the organisation of the area of activity of the Board; 16) fulfils other tasks assigned to him/her under the legislation, by regulation or order of the Government of the Republic, by regulation, directive or a written or oral order of the Minister of Agriculture. (2) The Director General has a right to issue directives on service matters under the legislation, regulation or order of the Government of the Republic or regulation or directive of the Minister of Agriculture, as well as written and oral orders for organisation of the administration of the Board. [RT I, 15.03.2013, 2 - effective as of 01.04.2013] (3) The Director General issues precepts and makes decisions in events prescribed by the legislation. (4) Upon the absence of Director General, one of the deputy directors general substitutes him/her; if all the latter are simultaneously absent, he/she is substituted by another official of the Board. Upon short-term absence of Director General (not more than two weeks), substitution of Director General is documented by a directive of Director General, which is immediately communicated to the Minister of Agriculture and the Chancellor of the Ministry of Agriculture. A copy of the directive is immediately submitted to the Ministry of Agriculture. Substitution of Director General in other events is documented by a directive of the Minister of Agriculture. § 9. Deputy Director General (1) The Board has positions for Deputy Director General. (2) Deputy Director General: 1) manages and organises the work of a structural unit through the manager of the structural unit; 2) represents the Board within the authorisations received from Director General; 3) makes a suggestion to Director General regarding the budget preparation and using of budgetary means by the Board; 4) participates in the preparation of development directions of the Board; 5) makes a suggestion to impose a disciplinary punishment on an official; [RT I, 15.03.2013, 2 - effective as of 01.04.2013] 6) supervises the fulfilment of the tasks of a structural unit; 7) fulfils other tasks assigned by Director General. (3) More detailed service tasks, rights and responsibility of Deputy Director General are determined in a job description established by a directive of Director General. Chapter 4. STRUCTURE OF THE BOARD, MAIN TASKS AND MANAGEMENT OF THE STRUCTURAL UNITS § 10. Structure of the Board (1) The structure of the Board, service positions and classification of service positions into service groups are established by the Minister of Agriculture based on the suggestion of Director General. [RT I, 15.03.2013, 2 - effective as of 01.04.2013] (2) The Board has local authorities with authorisations of executive state power. (3) A structural unit of the Board is a department. A department may include offices. (4) A department is managed by a department manager. An office under a department is managed by an office manager. (5) More detailed competency, tasks and management of a department and an office under the department are determined by statutes of the department approved by Director General. (6) A department may have a position of deputy department manager. [RT I, 15.03.2013, 2 - effective as of 01.04.2013] (7) The service tasks, rights and responsibility of a department manager, deputy department manager and office manager are determined in a job description established by a directive of Director General. § 11. Departments of the Board The departments of the board include: 1) department of animal health care, animal protection and feedingstuffs; 2) department of farm animal breeding and organizations of markets; 3) department of food; 4) department of trade, import and export; 5) general department. § 12. Department of animal health care, animal protection and feedingstuffs The main tasks of the department of animal health care, animal protection and feedingstuffs are: 1) to coordinate and organise prevention and control of infectious animal disease and to organise the application of measures to protect people from diseases common to animals and people spread by animals; 2) to organise and carry out surveillance of animals, buildings for keeping animals and animal products not used as food; 3) to organise and carry out surveillance of the use of medicinal products and medicated feedingstuffs by veterinarians and animal keepers producing animal products; 4) to coordinate and organise the protection of animals from such activity or inactivity of people that jeopardizes or may jeopardize the health or well-being of animals; 5) to organise and carry out surveillance of feedingstuffs and production of feedingstuffs, including the feedingstuffs marked or intended to be marked as originating from organic farming, as well as the conformity of the production thereof; 6) to organise environmental protection from keeping of animals and harmful factors accompanying infectious animal diseases; 7) to organise training for supervisory officials and authorised persons on animal health care, inspection of the conformity of animal products and inspection of feedingstuffs. § 13. Department of farm animal breeding and organizations of markets The main tasks of the department of farm animal breeding and organizations of markets are: 1) to organise and carry out supervision of a person specializing in breeding, inseminator and keeper of animals; 2) to train and acknowledge the person determining the quality classes of pig, bovine and sheep carcases; 3) to coordinate and organise quality control of products upon the application of measures for organizations of markets; 4) to organise and carry out supervision of a grant applicant in the area of farm animal breeding and organizations of markets; 5) to organise registration of alcohol in the administered state register of alcohol; 6) to organise training for a supervisory official specializing in breeding, application of the measures of organizations of markets and alcohol supervision. § 14. Food department The main tasks of the food department are: 1) to organise and supervise the correspondence of food, materials and objects designed to be in contact with food and companies where food is processed, processing of food and the manufacturing, processing and marketing of the said materials and objects to the requirements established in the legislations; 2) to organise and execute supervision of a person producing or marketing products marked or intended to be marked as originating from organic farming (excluding feedingstuffs), including importing; 3) to coordinate the preparation of a situation plan on national food safety; [RT I, 28.06.2011, 3 - effective as of 01.07.2011] 4) to organise authorisation of a laboratory for analysing samples taken during the supervision; 5) to coordinate and organise the planning of food monitoring programme and monitoring; 6) to organise a training for a supervisory official specializing in supervision of food, materials and objects designed to be in contact with food and organic farming. § 15. Trade, import and export department The main tasks of the trade, import and export department are: 1) to organise and carry out supervision of trade between Member States involving goods subject to veterinary and food inspection; [RT I, 28.06.2011, 3 - effective as of 01.07.2011] 2) to organise and carry out supervision of import and export of goods subject to veterinary and food inspection, products marked or intended to be marked as originating from organic farming and feedingstuffs in a designated border crossing point or another location prescribed by the legislation and otherwise authorised for the purpose; [RT I, 28.06.2011, 3 - effective as of 01.07.2011] 3) to participate in organisation of the inspection of goods subject to veterinary and food inspection in the luggage of a traveller (natural person) and in international mail; 4) to develop protective measures for the trade, import or export of goods subject to veterinary and food inspection based on risk analysis, as well as to coordinate the application of the protective measures; 5) to organise the operation of the quick warning system for food and feedingstuffs (RASFF) in Estonia; 6) to organise the operation of the veterinary and food control computer system uniting the competent authorities of the European Union (TRACES) in Estonia; 7) to organise a training for a supervisory official specializing in supervision of trade with goods subject to veterinary and food control and import and export. § 16. General department The main tasks of the general department are: 1) to organise the administration and document management of the Board and its local authority and submit information and documents to the Ministry of Agriculture for financial, personnel and salary operations; [RT I, 28.06.2011, 3 - effective as of 01.10.2011] 2) to coordinate and organise the budgeting of the Board and its local authority [RT I, 28.06.2011, 3 - effective as of 01.10.2011] 3) to coordinate the personnel and training activities of the Board and its local authority; 4) to organise the state asset management of the Board and its local authority; 5) to ensure the fulfilment of the contractual obligations of the Board and its local authority; 6) to coordinate the public relations of the Board and its local authority; 7) to organise the public procurements of inventory, tools and services necessary for the work of the Board and its local authority. 8) [invalid - RT I, 15.03.2013, 2 - effective as of 01.04.2013] 9) [invalid - RT I, 15.03.2013, 2 - effective as of 01.04.2013] § 17. Department management (1) The department manager ensures the fulfilment of the main tasks of the department managed by him/her, as well as targeted and efficient use of the resources allocated to the department. (2) In order to fulfil the tasks provided in section 1, the department manager: 1) is responsible for legitimate, timely and professional fulfilment of the tasks assigned to the department managed by him/her and shall check the fulfilment of the service or work tasks of a subordinated official; [RT I, 15.03.2013, 2 - effective as of 01.04.2013] 2) participates in the preparation of the development strategy and annual plan, and leads the preparation of the development plan of the department; 3) gives an order to a subordinated official and employee to fulfil the tasks of the department; [RT I, 15.03.2013, 2 - effective as of 01.04.2013] 4) fulfils an order given to him/her by a manager of a higher level or reports the obstacles that prevent the fulfilment thereof, and reports to a manager of higher level about the activity of the department; 5) provides an opinion and approval on behalf of the department; 6) makes suggestions to a manager of higher level to change the structure and work organisation, as well as the service positions of the department, determine the salary of a department official or an employee, impose disciplinary punishment on an official; [RT I, 15.03.2013, 2 - effective as of 01.04.2013] 7) applies for the means necessary for the fulfilment of the tasks of the department and organises the appropriate preservation, maintenance and use thereof; 8) applies for training of an official or employee to facilitate more effective fulfilment of the tasks of the service position; [RT I, 15.03.2013, 2 - effective as of 01.04.2013] 9) signs a letter and document drafted in the department by which no financial or other proprietary obligations are undertaken or rights are given, or obligations imposed on an external person, unless otherwise established in the legislation. § 18. Service position outside the structural unit [RT I, 15.03.2013, 2 - effective as of 01.04.2013] (1) The structure of the Board may include a service position located outside the structural unit. [RT I, 15.03.2013, 2 - effective as of 01.04.2013] (2) The tasks, rights and responsibility of a a position outside a structural unit are determined in a job description established by a directive of Director General. [RT I, 15.03.2013, 2 - effective as of 01.04.2013] § 19. Local authority of the Board The tasks of the local authority of the Board, the management and structure of the local authority and other provisions regarding the organisation of the authority’s activity are determined by the statutes thereof established by the Minister of Agriculture. Chapter 5. COMMITTEE, COUNCIL AND WORK GROUP § 20. Committee, council and work group (1) The Director General may establish a permanent or temporary committee with consulting rights in the area of activity of the Board (hereinafter the Committee). (2) The Committee is established with a directive of Director General, in which the tasks, chairman and members of the Committee, terms of fulfilment of the tasks, structural unit of the Board servicing the Committee and the work procedures of the Committee are determined. (3) The structural unit of the Board servicing the Committee ensures the administration of the Committee and taking of minutes of Committee meetings. (4) Upon a suggestion of the director of the relevant governmental authority it is possible to appoint an official and employee of another governmental authority as a member of the Committee. It is allowed to involve a person outside public service in the work of the Committee upon the consent thereof. [RT I, 15.03.2013, 2 - effective as of 01.04.2013] Chapter 6. SUPERVISORY CONTROL § 21. Supervisory control (1) Director General carries out supervisory control over the legality and expedience of the activity of the board or an official of its local authority in the extent and by the procedures established in the legislation. (2) During the supervisory control, Director General may assign tasks to the deputy director general, manager of a structural unit and manager of a local authority to gather materials and explanations in order to determine the circumstances of providing of an instrument or performing of an operation by an official. Chapter 7. REORGANISATION AND TERMINATION OF THE BOARD § 22. Reorganisation and termination of the Board (1) Reorganisation or termination of the Board takes place according to the legislation. (2) A local authority of the Board is formed and reorganised or terminated by the Minister of Agriculture. Chapter 8. ADMINISTRATIVE PROVISIONS § 23. Declaration of invalidity of the regulation [Excluded from the present text.] § 24. Entry of the Regulation into force The regulation shall enter into force on July 1st, 2007.