Law No. 2424-IIs on issuance of licences and permits for veterinary entrepreneurial activities

1 Law of Georgia On Issuance of Licenses and Permits for Veterinary Entrepreneurial Activities Chapter I General Provisions Article 1. Scope of application of this law. This law regulates licensing of biological, healing, other chemical- pharmaceutical substances and cattle food (food additives) production and trade, applies to import of all above listed products as well as products of animal origin (raw materials) and issuance of permits for transit of such goods. It shall determine a list of activities and terms conditions apply to issuance of licenses and permits. Article 2. Glossary of terms. 1. The terminologies used in this law have the following definitions: a) Veterinary activities- Physical and Legal entity having the state veterinary license is authorized to conduct the activities in veterinary sphere, which encompasses cattle cure, veterinary-laboratory research, merchandising of animal food (food additives), animal origin products (raw materials) and imposing the veterinary-sanitary surveillance on them; b) Products to be under veterinary control- Animal origin products (raw materials) subjected to the veterinary-sanitary surveillance. c) Veterinary-sanitary surveillance- Permanent, on spot observation and surveillance ensuring forbiddingness of transportation of infected animals, production, processing, storing, transportation and selling of unsafe products of animal origins (raw materials). d) Products of animal origins – All type of food stuff or product-raw materials extracted from slaughtered animals as follows: meat, meat products, sausages and canned meat; sub products, milk and milk products, poultry meat and egg, fish and fish products, honey and goods produced from apiculture; e) Animal Food-Animal food produced through industrial processing; f) Food additives-Natural and synthesized substances, mixtures, which intentionally added to animal food to be essential for improvement its organoleptic features or prolongation of period of food validity. 2 2. Other terminologies defined in the article 1 of the Law of Georgia on “Veterinary” and the article 2 of the Law of Georgia on “Issuance of Licenses and Permits for Veterinary Entrepreneurial Activities” are used in this Law. Chapter II Type of licensing activities and license issuing body Article 3. Type of licensing activities as follows: a) Veterinary activities, which are carried out:  in veterinary pharmacy stores;  in veterinary hospitals;  in veterinary salons;  in vivariums;  in animal slaughtering houses;  in sanitary pits;  in shops and stores selling the alive mammal animal, poultry, bee, water-land animals;  in zoological shops;  in animal hotels;  in animal open-air cages;  by the veterinary control services in enterprises (plants) process the animal origin products;  by the services (veterinary laboratories) of the veterinary sanitary surveillance in markets, open air markets and other trading centers;  by the services of veterinary-sanitary surveillance in the enterprises (plants) process the animal origin products; b) Production of cattle food (food additives) and biological, healing, and other chemical- pharmaceutical substances used in veterinary only. Article 4. License issuing body In accordance to the sub clause “zh.a” of the article 6 of the Law of Georgia on “issuance of licenses and permits for veterinary entrepreneurial activities”, the administrational body eligible to issue the license is the legal entity of public law –the Veterinary Department of the Ministry of Agriculture and Food of Georgia. Article 5. Form of Licensing Form of Licensing is determined by the normative act of the Minister of Agriculture and Food of Georgia. 3 Chapter III General rules apply to issuance of licenses Article 6. Documents necessary to receive the license and the rules for its issuance. 1. Submitted license application shall include the type of licensing activities envisaged in article 3 of this Law, that are to be licensed. 2. In accord to the clause 2 of the article 9 of the Law of Georgia on “Issuance of licenses and permits for veterinary entrepreneurial activities” in addition to the main documents a licensee shall present the following: a) document proving the eligibility of the individual on carrying out the veterinary activities or location of enterprises producing the cattle food (food additives) and biological, healing, and other chemical pharmaceutical substances used in veterinary only; b) a copy of certificate proving the qualification of specialist working is such a sphere; c) information on material-technical means. Article 7. On spot inspection of licensing conditions 1. A licenser decides to issue or refuse issuance of the licenses on the basis of on spot inspection of licensing conditions envisaged in the article 6 of the this law; 2. The license is not issued, if upon on spot inspection results, the actual conditions are not in full compliance with the licensing conditions envisaged by this Law. Chapter IV Cancellation and renewal of runtime of license Invalidation of the license. Article 8. Cancellation and renewal of runtime of license 1. Cancellation and renewal of runtime of license is carried out in accordance to the article 15 of the Law of Georgia on “Issuance of licenses and permits for veterinary entrepreneurial activities”. 2. License holder on veterinary activities is obliged to meet the requirements of veterinary legislation, out of which the Law of Georgia on “Veterinary”. Article 9. Invalidation of license. 1. The license is invalidated in line with article 16 of the Law of Georgia on “Issuance of licenses and permits for veterinary entrepreneurial activities”. 2. The License is invalidated on the basis of violation of licensing conditions after cancellation and renewal of license runtime. 3. Articles 17-18 of the Law of Georgia on “Issuance of licenses and permits for veterinary entrepreneurial activities” regulate the particular cases, when administrational complaints and actions are presented over cancellation and renewal of runtime of license, agree or refuse issuance of licenses, or invalidating them. 4 Chapter V Type of permitting activities and permit issuing body Article 10. Types of permitting activities are as follows: a) import of biological, healing and other chemical-pharmaceutical substances used in veterinary; b) import and transit of animals (all type of mammals, poultry, fish, bee), embryo, incubatory egg, spawn, product of animal origin (skin, wool, fur, bone, intestine, bone-flash powder) subject to the state veterinary control; c) import and transit of animal food (food additives); d) import and transit of products of animal origin. Article 11. Permit issuing bodies are as follows; In accordance to the sub clause “o.zh” of the article 6 of the Law of Georgia on “issuance of licenses and permits for veterinary entrepreneurial activities”, the administrational body eligible to issue the permits is the legal entity of public law –the Veterinary Department of the Ministry of Agriculture and Food of Georgia. Article 12. Form of Licensing Form of Licensing is determined by the normative act of the Minister of Agriculture and Food of Georgia. Chapter VI General rules apply to issuance of permits Article 13. Documents necessary to receive the permit and regulation for its issuance. 1. In addition to the main documents to be presented in accordance to the clause 2 of the article 22 of the Law of Georgia on “issuance of licenses and permits for veterinary entrepreneurial activities”, potential permit holder has to present the document on type, amount and route of transportation of products subjected to veterinary control, as well as on importing and transiting county of such goods and volume and dates of importable product in case importing them in consignments. 2. In accord to data of the International Epizootic Bureau, the products, subjected to the veterinary control can be imported and transited from the countries, which are considered to be resistant towards “a” and “b” type of diseases mentioned in the International Veterinary Code, in case if products meet all guaranteed veterinary requirements and its veterinary certificate is approved by the International Veterinary Code and issued by the State Veterinary Service of the importing country. 5 3. On the basis of the data of the International Epizootic Bureau and the legal act of the Ministry of Agriculture and Food of Georgia, the State Vet Inspector is eligible to issue the import and transit permits only upon results of his/her inspection carried out on place of goods’ production subjected to the veterinary control, which have be exported and transited from the countries where “a” and “b” type of diseases were discovered. 4. The import and transit permits for the products subjected to the veterinary control can be issued without sending Vet Inspector to the importing country, if there is the written approval of the State Veterinary Service of recipient country on the guaranteed delivery of product’s particular consignment. Article 14. Validity of the permit. A single copy of the permit will be issued only. Chapter VII Transitional and Final Provisions Article 15. Transitional provision 6 moths after the effective date of this Law to undertake the unlicensed entrepreneurial activities prescribed by this Law are illegal. Article 16. Effective Date of the Law of Georgia The Law of Georgia shall take effect from the date of its promulgation. President of Georgia Eduard Shevardnadze Tbilisi, 20 of June 2003 N 2424-IIs