Governmental Decree No.320 of 1998 regarding validation of the Regulation on the procedures for importation of milk and milk-based products into Latvia

Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson. Translation © 2001 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) Republic of Latvia Cabinet Regulation No. 320 Adopted 25 August 1998 Procedures for Importation of Milk and Milk-Based Products into Latvia Issued pursuant to Section 22, Clause 6 of the Law On Veterinary Medicine I. General Provisions 1. These Regulations determine procedures for importation into Latvia of cow’s, buffalo, goat’s, mare’s and sheep’s milk and milk-based products referred to under commodities position 4, heading Nos. 0401 to 0406 (inclusive), (hereinafter – milk) for use in food or handling of such. 2. These Regulations do not apply to milk that is commercially packed and: 2.1. forms part of personal luggage of a person who is crossing the border, and is intended for personal consumption (not exceeding one kg), except milk that is not otherwise treated than cooled or chilled only (hereinafter – raw (non-pasteurised) milk) and which is not permitted to be imported as personal luggage; and 2.2. is a postal consignment to a private person and is intended for personal consumption (not exceeding one kg), except raw (non-pasteurised) milk which is not permitted to be imported as a postal consignment. 3. If the conditions referred to in Paragraph 2 of these Regulations are violated, or the milk is raw (non pasteurised), it shall be heat-treated or destroyed at a location co-ordinated with the State Veterinary Service in accordance with instructions of the State Sanitary Border Inspector and veterinary requirements. 4. Applying customs procedures referred to in Section 24, Paragraph one, Clauses 1, 2, 4, 5, 6, 7, 8, 14 and 15 of the Customs Law, it shall be permitted to move milk, after a veterinary inspection carried out by the State Sanitary Border Inspector who has veterinarian qualifications, across the customs border of the Republic of Latvia (hereinafter – to import) through the State (customs) border entry and exit points specified by the Cabinet, in compliance with the requirements of these Regulations. II. Milk Exporting States and Undertakings (Companies) Permitted to Import Milk into Latvia 5. It is permitted to import milk into Latvia from such states, or parts thereof, which are included in the list of milk exporting states, prepared by the State Veterinary Service in accordance with the relevant lists of the European Union, and approved by the Minister for Agriculture. 6. It is permitted to import such milk into Latvia which has been processed in the undertakings of a state included in the list referred to in Paragraph 5 of these Regulations, which ensure compliance with Latvian requirements or compliance with requirements equivalent to such and are included in the list of milk exporting undertakings (companies), prepared by the State Veterinary Service in accordance with the relevant lists of the European Union and approved by the Minister for Agriculture. 7. In order to establish compliance of a state or part thereof with Latvian requirements or with requirements equivalent to such, and to take a decision regarding admission of a state or part thereof to the list referred to Translation © 2001 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 2 2 in Paragraph 5 of these Regulations, the State Veterinary Service shall, with respect to the relevant state, assess the following: 7.1. animal health situation; 7.2. structure and authority of the veterinary service; 7.3. regulatory enactments and measures in regard to prevention and combating of animal diseases; 7.4. use of animal feed additives, veterinary medicinal products and other substances for animals, and control of such; 7.5. environmental pollution that may affect human and animal health; 7.6. information system efficiency and contribution on a regular basis to awareness in regard to outbreaks of animal diseases and prevention of spread of such; and 7.7. guarantees provided in regard to control of the issues referred to in this Paragraph. 8. If a state, a part thereof or an undertaking (company) is not included in the list referred to in Paragraphs 5 or 6 of these Regulations, the State Veterinary Service shall carry out inspection at the relevant state, a part thereof or the undertaking (company) in accordance with guidelines in regard to evaluation of state veterinary services prepared by the international organisation of veterinary medicine – the International Epizootic Office, and the principles of the Sanitary and Phytosanitary Agreement of the World Trade Organisation. The interested party shall cover expenditures associated with the carrying out of the inspection. 9. If a state, a part thereof or an undertaking (company) complies with the requirements referred to in Paragraphs 6 and 7 of these Regulations, the State Veterinary Service shall submit proposals to the Ministry of Agriculture regarding admission of the relevant state, a part thereof or an undertaking (company) to the relevant list. 10. The State Veterinary service shall be responsible for the preparation and amendment of the lists referred to in Paragraphs 5 and 6 of these Regulations in accordance with changes in the relevant lists of the European Union, as well as for publication in the newspaper Latvijas Vēstnesis [the official Gazette of the Government of Latvia] and for forwarding to the Sanitary Border Inspection within two working days after the admission of the state, of a part thereof or of an undertaking (company) to the relevant list. 11. Importation of milk into Latvia is permitted by undertakings (companies) registered in the Enterprise Register of the Republic of Latvia, that comply with the requirements regarding the handling of food. At the request of an undertaking (company), the State Veterinary Service shall carry out monitoring of such with respect to compliance with the requirements regarding the handling of food, and, if a positive opinion is received, shall include the relevant undertaking (company) in the list of facilities under State veterinary supervision, which shall be published in the newspaper Latvijas Vēstnesis, and provide the respective information to the Latvian Food Centre. III. Restrictions on the Importation of Milk 12. Milk shall be obtained from animals that were born in the exporting state or have been kept there for at least the three last months prior to the obtaining of the milk. Cows, sheep and goats must not in their lifetime be fed with feed containing tissues of ruminants manufactured from raw materials obtained in a state where an infectious, chronic, progressive nervous system disease of adult cows (bovine spongiform encephalopathy) or a chronic, slowly progressive infectious disease of sheep or goats (scrapie) has been registered. 13. Milk shall be packaged and labelled in accordance with the requirements specified in the regulatory enactments of Latvia. 14. The means of transport carrying milk shall comply with the following requirements: 14.1. hygiene requirements; 14.2. the construction of the means of transport shall be such, that it will allow for the cleaning and disinfection of the means of transport; and 14.3. the construction of the means of transport must ensure protection of milk against contamination. Translation © 2001 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 3 3 15. It is not be permitted to import into Latvia: 15.1. raw (non-pasteurised) milk; 15.2. milk that has been treated with ionising or ultraviolet radiation; 15.3. milk treated with substances that affect, or may affect, the quality or organoleptic properties of milk; and 15.4. milk that does not comply with the mandatory harmlessness and quality requirements specified in the regulatory enactments of Latvia. 16. It is prohibited to import milk from states, or parts thereof, included in the list referred to in Paragraph 4 of these Regulations, if the state, part thereof or the herd within it has been, or is, in accordance with the International Animal Health Code, prepared by the International Epizootic Office, considered as affected by infectious diseases, and there is a risk of introducing the relevant disease. The State Veterinary Service shall assess the risk factor on the basis of the Sanitary and Phytosanitary Agreement of the World Trade Organisation and the veterinary requirements of Latvia. 17. The importer of the freight – the owner of the freight or an authorised person of such – shall notify the Sanitary Border Inspection control point at least 24 hours prior to the importation of milk, of the freight, and the place and time of importation of such. The Sanitary Border Inspection shall notify the importer of the freight of the procedures for importation (if there are changes in the importation regulations). 18. A Veterinary inspection of the freight shall be carried out at the State border pursuant to these Regulations and other regulatory enactments of Latvia 19. If non-compliance with the requirements of these Regulations is established, the State Sanitary Border Inspector has the right to prohibit the importation of milk, and: 19.1. if threat to human and animal health or life, or the environment exists, to hold the freight for destruction and supervise it until the moment when supervision is taken over by the State Veterinary Service. Customs officials shall transport the freight for destruction to a location co-ordinated with the State Veterinary Service and under the supervision of the State Veterinary Service. 19.2. if the freight does not endanger human or animal health or life, or the environment, to send it back; and 19.3. if there is only a slight risk, to decide, after a request from the importer of the freight, on treatment or destruction of the freight, or utilisation of such for other purposes (other than human consumption) in accordance with the instructions of the State Veterinary Service. 20. Expenditures related to the destruction, forced processing or transportation of the freight to the processing or destruction location, shall be covered by the importer of the freight. 21. In order to import milk, a veterinary (health) certificate issued by an authorised veterinary institution of the exporting state shall be required, that is harmonised with the State Veterinary Service and attests to the compliance of the milk with the requirements of Latvia. 22. For the importation of milk, the original of the veterinary (health) certificate which shall be applicable shall be: 22.1. drawn up in Latvian and in the language of the exporting state, or only in English, German or Russian; 22.2. drawn up for each consignment of freight and each consignee (by indicating the sender); 22.3. issued on the day of sending the freight; 22.4. drawn up on one page; and 22.5. signed and affixed with a seal by a veterinarian authorised by the Veterinary Service of the exporting state. If the certificate contains corrections or crossed out items, such shall be justified. Translation © 2001 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 4 4 23. If there is an outbreak of an infectious disease in an exporting state, the Minister for Agriculture is entitled, in addition to the requirements of these Regulations, after a recommendation by the State Veterinary Service, to specify that a veterinary permit is required for the importation of milk. 24. Expenditures associated with the issuance of a veterinary permit for the importation of milk shall be covered by the importer of the freight in accordance with the price list approved by the Minister for Agriculture. IV. Closing Provisions 25. These Regulations shall come into force on 1 November 1998. 26. The State Veterinary Service shall issue veterinary permits for the importation of milk up to 31 December 2000. Prime Minister G.Krasts Minister for Agriculture A.Rāviņš