New rules for food labeling
On December 6, 2018, the Verkhovna Rada adopted the Law of Ukraine “On Information for Consumers on Food Products” (based on the draft law №8450).
On February 7, 2019, this law came into force. However its provisions come into force only on 08/07/2019.
The law comprehensively regulates issues related to food labeling.
The law contains as general requirements for food labeling, such as a list of mandatory food information:
- the name of the food product;
- list of ingredients;
- any ingredients or processing aids that are allergenic;
- the number of certain ingredients or categories of ingredients in the cases provided by this Law;
- the amount of food product in the established units of measurement;
- minimum shelf life or date of "use by";
- any special storage conditions and / or conditions of use (if necessary);
- the name and location of the food market operator responsible for food information, and for imported food, the name and location of the importer;
- country of origin or place of origin - in the cases provided for in Article 20 of this Law;
- instructions for use - if the absence of such instructions complicates the proper use of the food product;
- for beverages with an ethyl alcohol content of more than 1.2 percent by volume - the actual alcohol content in the beverage (except for products under code 2204 according to UKT FEA);
- information on the nutritional value of the food product.
The law also contains a list of food products, information on which must contain additional data indicating such additional data for each type of product (see Annex 2 to the Law).
The law specifically sets out the requirements for providing a list of ingredients and rules for indicating complex ingredients, the requirements for indicating the name of a food product and the information that should accompany it, the requirements for quantifying ingredients or categories of food ingredients and a number of other labeling requirements.
If your company is engaged in the manufacture of food products, then pay special attention to the analysis of the content of this law and bring the labeling in advance in line with the new legal requirements.
New acts on fire safety inspection
By its order of January 17, 2019, 22, the Ministry of Internal Affairs approved the forms of acts that are drawn up based on the results of the entity's compliance with the requirements of the legislation in the field of man-caused and fire safety.
This order approved the following forms of documents:
- an act drawn up as a result of a planned (unscheduled) measure of state supervision (control) regarding the observance by a business entity of the requirements of the legislation in the field of technogenic and fire safety;
- an act drawn up regarding the impossibility of carrying out a measure of state supervision (control);
- notification of a planned measure of state supervision (control);
- certificate of state supervision (control);
- instruction on elimination of violations of the requirements of the legislation in the field of technogenic and fire safety.
We suggest you pay attention to the act of inspection. It contains issues regarding the compliance of the business entity with the requirements of the legislation, which are distributed depending on the degree of risk to which the entity belongs.
Also, now each management company will be able to put a rating from 1 to 4 on how much of a legal requirement creates an administrative, financial or any other burden on the business entity. At the end of the act, the head of the enterprise may affix an assessment of the professional level of officials of the state supervision (control) body who conducted the event regarding their competence and integrity.
When drawing up an act, the inspector must not only record the fact of violation, but also describe the negative consequences that have occurred as a result of violation of the law, or that may occur.
We recommend that you read the approved inspection report and independently check the company's compliance with the requirements of legislation in the field of fire safety.
Information on licenses will be entered into the USR
On February 1, 2019, the Procedure for entering information on licensing of a type of economic activity and permit documents into the Unified State Register of Legal Entities, Individuals - Entrepreneurs and Public Associations came into force.
The Unified State Register will include:
- information on licensing the type of economic activity of the business entity:
- - type of economic activity for which the license is issued;
- - date of license issuance, license validity period and other data.
- information on permit documents:
- the object for which the permit is issued;
- the name of the issued permit document;
- validity of the permit document (unlimited validity of the document);
- date of issuance of the permit and other data.
- information on declarations of compliance of material and technical base with the requirements of the legislation:
- date of registration of the declaration;
- place of carrying out certain actions on carrying out economic activity or types of economic activity which can be carried out on the basis of the declaration;
- a list of certain actions related to the conduct of economic activity or types of economic activity that may be carried out on the basis of the declaration.
Publication of this data in the register will provide an opportunity to obtain more complete and up-to-date information about counterparties.
Ukraine has signed a Free Trade Agreement between Ukraine and Israel
On January 21, 2019, Ukraine signed a Free Trade Agreement with Israel. The agreement provides for the abolition of import duties on about 80 % of Ukrainian industrial goods and the abolition of about 70 % of import duties on Israeli industrial products.
After the signing of the Agreement, it is still to be ratified by the parliaments of both countries. Therefore, it will not take effect immediately.
Free trade agreements enable Ukrainian companies to import raw materials / equipment for their own production cheaper and to compete better in foreign markets with their own products.
New old GUESTS
- SE "Ukrainian Research and Training Center for Standardization, Certification and Quality" (UkrNDNC) said that there was a situation when among the GOST, developed before 1992, there are standards to which there is no alternative today. This has led to the extension of a number of GOSTs for a period of 1 to 3 years and applies to standards:
- to replace which the development of draft national standards is carried out or envisaged;
- references to which are in regulations;
- Unified system of design documentation;
- developed on the basis of international standards, the versions of which are relevant, and which in accordance with paragraph 2 of section VI of the Law "On Standardization" are used as national standards.
The lists of standards, the validity of which was restored by orders, can be found on the website of the State Enterprise "Ukrainian Research and Training Center for Standardization, Certification and Quality" in the section "Orders of SE" UkrNDNC ", December, 2018".
Check the specified list to find out whether the validity of GOST, which could apply to the activities of your company.
Changes in the order of registration of agricultural machinery
On January 16, 2018, the Cabinet of Ministers made changes to the Procedure for departmental registration and deregistration of tractors, self-propelled chassis, self-propelled agricultural, road-building and reclamation machines, agricultural machinery, and other mechanisms (CMU Resolution of July 8, 2009 №694).
According to the changes, the State Food and Consumer Service will now officially register and deregister tractors, self-propelled chassis, self-propelled agricultural, road-building and reclamation machines, and agricultural machinery.
If the enterprise has purchased a tractor or other agricultural machinery, it must be registered with the territorial bodies of the State Food and Consumer Service.
Disability of the employee
The State Labor Inspectorate in Dnipropetrovsk Oblast provided clarification on compliance with labor legislation in respect of employees who have a disability group in terms of creating appropriate working conditions or dismissal in connection with disability.
The fact of establishing a disability cannot be a ground for dismissal of an employee under paragraph 2 of Article 40 of the Labor Code, as the dismissal of employees on the grounds of disability is prohibited by law. At the same time, dismissal of a disabled person is allowed in cases when, according to the MSEC, the state of his health interferes with the performance of professional duties or the continuation of employment may lead to the deterioration of the disabled person's health.
If the employee has a disability, the employer:
- must thoroughly analyze the recommendations of MSEC with the conclusions on the conditions and nature of work in the certificate to the act of inspection MSEC (form № 157-1 / o) or in the notification of the institution on the results of the inspection MSEC (form № 162 / o);
- must determine the possibility of creating appropriate working conditions for him;
- to satisfy the requirement of MSEK, at the conclusion of the commission that the employee can work on a part-time basis or a part-time working week in accordance with the requirements of Art. 172 of the Labor Code;
- to dismiss an employee under paragraph 2 of Article 40 of the Labor Code only if it is impossible to transfer him to another job or create working conditions in accordance with the conclusion of MSEC. Thus, when there is nothing to offer a disabled employee: the nature and conditions of professional duties performed in accordance with the position do not meet the recommendations of MSEC (accordingly, he can not remain in office), and vacancies that would meet the recommended working conditions.
New Technical regulations for pressure equipment
On January 16, 2019, the Cabinet of Ministers approved the Technical Regulations for Pressure Equipment.
At the same time, these regulations will come into force in twelve months.
The technical regulation is designed to bring Ukrainian legislation into line with the provisions of Directive 2014/68 / EC of the European Parliament and of the Council of 15 May 2014 on the harmonization of the laws of the Member States relating to the placing on the market of pressure equipment.
This Technical Regulation applies to the following equipment:
- vessels, for:
- gases, liquefied gases dissolved under the pressure of gases, vapors of such working media in which the vapor pressure at the maximum allowable temperature exceeds the normal atmospheric pressure (1013 millibars) by more than 0.5 bar, within the following limits:
- for the working environment of group 1, if the volume exceeds 1 liter and the product of PS on V exceeds 25 bar per 1 liter or the pressure PS exceeds 200 bar;
- for the working environment of group 2, if the volume exceeds 1 liter and the product PS on V exceeds 50 bar per 1 liter or the pressure PS exceeds 1 thousand bar, as well as all portable fire extinguishers and cylinders for breathing apparatus;
- working medium with vapor pressure at a maximum allowable temperature not exceeding 0.5 bar above normal atmospheric pressure (1013 millibars) within the following limits:
- for working environments of group 1, if the volume exceeds 1 liter and the product PS on V exceeds 200 bar per 1 liter or the pressure PS exceeds 500 bar;
- for the working environment of group 2, if the pressure PS exceeds 10 bar and the product of PS on V exceeds 10 thousand bar per 1 liter or the pressure PS exceeds 1 thousand bar.
- Equipment operating under pressure of more than 2 liters and designed to produce steam or superheated water at a temperature of more than 110 ° C, which is heated by flame or otherwise and which is in danger of overheating, in particular autoclaves;
- pipelines for:
- gases, liquefied gases dissolved under pressure, steam and working medium with steam pressure at the maximum allowable temperature not exceeding the normal atmospheric pressure (1013 millibars) by more than 0.5 bar within the following limits:
- for the working environment of group 1, if the DN exceeds 25;
- for the working environment of group 2, if the DN exceeds 32 and the product of PS per DN exceeds 1 thousand bar;
- working medium with vapor pressure at a maximum allowable temperature of not more than 0.5 bar atmospheric pressure (1013 millibars) within the following limits:
- for the working environment of group 1, if the DN exceeds 25 and the product of PS per DN exceeds 2 thousand bar;
- for the working environment of group 2, if the pressure PS exceeds 10 bar, DN exceeds 200 and the product of PS on DN exceeds 5 thousand bar;
- safety devices, as well as those operating under pressure and intended for the equipment specified in the preceding paragraphs, in particular units;
- Units designed for the production of steam or superheated water at a temperature exceeding 110 ° C, containing not less than one unit of equipment operating under pressure and heated by flame or otherwise and which is in danger of overheating.
The technical regulations define the algorithm for classifying pressure equipment into several categories depending on the level of threat. For each category the module on which there is an assessment of conformity of the equipment to requirements of these regulations is defined.
The technical regulations also contain requirements for the safety of pressure equipment. These requirements apply to all stages of production and operation of equipment, starting from its design.
Outdated provisions of the Technical Regulations for Pressure Equipment have made it more difficult to import European equipment into Ukraine and reduce the competitiveness of Ukrainian equipment. We advise all manufacturers of such equipment in Ukraine to take into account the provisions of the new Technical Regulations in advance and prepare for its implementation.