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Is packaging (packaging) for food products subject to a mandatory CEE conclusion?

The Law of Ukraine "On Ensuring Sanitary and Epidemic Welfare of the Population" dated 24.02.1994 No. 4004-ХІ stipulates that the following products, semi-finished products, substances, materials and dangerous factors, the use, transfer or sale of which can harm people's health, are subject to the conclusion of the SEE . Including, for such products as cosmetics, toys, dishes, clothes, household appliances, household chemicals, equipment, personal protective equipment, stationery, etc., it is also necessary to have an CE certificate. However, the law expired on October 1, 2023"?

 In Art. 11 of the Law of Ukraine "On Ensuring the Sanitary and Epidemiological Welfare of the Population" is indeed provided for the obligation for business entities to obtain a sanitary-epidemiological examination report on materials, substances or products when they are sold or used.

The specified list actually fully covers all non-food food products, which, in particular, include containers, containers and packaging materials for packing goods.

At the same time, the Law clearly states that its provisions do not apply to food products, except for those for which sanitary-epidemiological investigations of diseases are carried out, as well as to materials and objects, intended for contact with food products.

Since the packaging is precisely the material that is in direct contact with the food products it contains, therefore the obligation to obtain a CEE opinion also extended to the packaging (packaging) of food products.

However, 01.10.2023 the Law of Ukraine "On the Public Health System" entered into force, in accordance with its final provisions The Law of Ukraine "On Ensuring Sanitary and Epidemic Welfare of the Population" has expired.

In connection with this, the obligation to obtain the opinion of the CEE has been cancelled, and the conclusion of the CEE is excluded from the List of documents of a permissive nature in the sphere of economic activity (Appendix 1 to the Law of Ukraine "On the List of documents of a permissive nature in the sphere of economic activity").

At the same time, the Law of Ukraine "On the Public Health System" introduced the following document into the list of documents of a permissive nature in the field of economic activity: certificate on state registration of a dangerous factor. It must be obtained for substances that exert or, under certain conditions, can exert a harmful effect on human health, in particular, chemical substances and substances of biological origin.

In addition, the Law also defines a list of dangerous factors that are not subject to state registration. Among them: waste, cosmetics, chemicals of natural origin, natural minerals, etc.

So, we recommend that you check whether your products, materials or substances are dangerous factors and, if necessary, obtain a certificate of state registration of a dangerous factor. 

The original article is published in the publication Quality management

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