Code of Food/Animal Feed Safety, Veterinary and Plant Protection

Machine translation. This text was translated from Georgian automatically and may contain inaccuracies. Only the Georgian text is legally binding: the original on legali.ge · the official publication on matsne.gov.ge. Translation of the consolidated version of 04.10.2023.

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Type of act
Law of Georgia
Number
№6155-Iს
Date adopted
08.05.2012

Text of the document

📑 Contents (94 articles)

Law of Georgia

Code of Food/Animal Feed

Safety, Veterinary and Plant Protection

Title I. General Provisions
Chapter I. Introductory Provisions

Article 1. Purpose of the Code and Scope of Regulation🔗

1. The purpose of this Code is to protect human life and health, consumer interests, animal health and welfare, plant health, as well as to define uniform principles of state regulation in the areas of food/animal feed safety, veterinary and plant protection, and to establish an effective system of state control.

2. This Code applies to the production, processing and distribution of food/animal feed, animals, plants, animal and plant products carried out on the territory of Georgia, to primary production, animal health and welfare, plant health, veterinary preparations, pesticides and agrochemicals, as well as to environmental protection arising from the purpose of this Code.

3. Food/animal feed safety control, veterinary control and phytosanitary control related to the movement of goods across the customs border of Georgia (import, re-export, export and transit) are regulated by this Code, the Customs Code of Georgia and other relevant normative acts.

4. This Code regulates and defines:

a) the basic principles and requirements of food/animal feed safety;

b) the types of state control in the areas of food/animal feed safety, veterinary and plant protection;

c) the general requirements related to the traceability of food/animal feed, animals, plants, animal and plant products, veterinary preparations, pesticides and agrochemicals at the stages of production, processing and distribution;

d) the competences of the authorised bodies in the areas of food/animal feed safety, veterinary and plant protection;

e) the obligations of the business operator;

f) the basic requirements and conditions for animal health and welfare, plant protection and plant health;

g) veterinary quarantine and plant quarantine on the territory of Georgia;

h) the requirements for the export and import of food/animal feed, animals, plants, animal and plant products, veterinary preparations, pesticides and agrochemicals;

i) the corresponding liability for violation of the requirements of this Code.

5. Along with the requirements of this Code, the simplified requirements approved by a Resolution of the Government of Georgia apply to a business operator:

a) which, in accordance with this Code, has the status of a small business and which carries out the direct supply of primary product to the final consumer or to a retail outlet that directly supplies the final consumer;

b) which, using traditional methods, carries out the production, processing and/or distribution of food/animal feed, as well as primary production;

c) which, in a high mountainous region, carries out the production, processing and/or distribution of food/animal feed in a non-factory manner, as well as primary production.

6. The state control of food/animal feed provided for by this Code shall not apply to the production of food/animal feed by a natural person, as well as to primary production, which, in accordance with this Code, is a subject of family production (hereinafter – subject of family production).

7. Within the framework of veterinary control and phytosanitary control, the provisions provided for by this Code relating to this subject shall apply to a subject of family production.

Law of Georgia of 17 April 2014 No. 2285 - website, 02.05.2014.

Law of Georgia of 15 December 2017 No. 1754 - website, 28.12.2017.

Law of Georgia of 28 June 2019 No. 4933 - website, 04.07.2019.

Article 2. Definition of terms🔗

For the purposes of this Code, the terms used in it have the following meaning:

a) food – any processed, partially processed or unprocessed product intended for human consumption. Food also includes all types of beverages (including drinking water), chewing gum and any substance (including water) intended for use in food, which is used as an ingredient in food during its production and processing. Food does not include: animal feed, live animals (except animals prepared for placing on the market for human consumption), plants (before harvest), medicinal and homeopathic remedies, tobacco and tobacco products, narcotic drugs and psychotropic substances, cosmetic products, waste and contaminants;

a¹) food of animal origin – a processed product intended for human consumption, or an unprocessed product, as well as a product obtained by further processing of a processed product, which is obtained from an animal intended for food purposes;

b) primary production – a process that includes: growing of plants (including harvesting and fruit picking); raising and breeding of animals until slaughter, as well as milking. Primary production also includes hunting, fishing and gathering of wild plants;

c) veterinary medicine (veterinary medicine) – an activity aimed at the prevention and treatment of diseases for the health and welfare of animals (including domestic animals), the production of safe animal products, the protection of the population from zoonotic diseases and ensuring veterinary safety in the country;

d) organic production – an integrated system of farm management using such production methods that ensure the maintenance of biodiversity and ecological balance, environmental protection, efficient use of natural resources, comply with the requirements established by the rules of organic production at the stages of production, processing, storage, packaging, transportation, labelling/marking, distribution and sale, and this compliance is confirmed by a certificate of conformity;

e) genetically modified organism − any organism (except humans) whose genetic material has been modified using modern biotechnological methods. These methods do not belong to traditional selection and breeding methods;

f) primary product − a product intended for human or animal consumption, obtained from primary production before processing (including from soil) as a result of animal breeding, hunting or fishing;

g) animal feed – any processed, partially processed or unprocessed substance or product intended for use as animal feed (including feed additives);

h) animal product − food of animal origin, as well as products of animal origin not intended for food;

i) plant product – food of plant origin, as well as a product of plant origin for non-food purposes which, due to its nature or the characteristics of its processing, may create a risk of the emergence and spread of harmful organisms;

j) animal – any vertebrate or invertebrate animal (animals of all species, birds, fish, bees, semiaquatic mammals, amphibians, crustaceans, molluscs, hatching eggs, fertilised roe);

j¹) food-producing animal – an animal raised, bred, kept, hunted, slaughtered or collected for the purpose of food production/use as food;

k) domestic pet animal – an animal of any species that is subject to care by humans and is not used for the production of food (including meat, milk and eggs), fur, feathers, leather and any other animal products;

l) animal identification and registration – the assignment of an individual identification number to an animal and/or a group of animals, its marking and entry in the unified register;

m) animal welfare – the creation of conditions necessary for the care, keeping and natural behaviour of an animal, which includes the animal's access to food and water, and its protection from disease, pain, fear and other stress;

n) plant – living plants and their parts (including seeds and genetic material);

o) state control – an act of an authorised person in the fields of food/animal feed safety, veterinary and plant protection to determine the compliance of a business operator's activity with the requirements defined by the legislation of Georgia;

p) competent authority – a state body authorised to carry out state control;

q) controlling authority – a legal entity to which the performance of a specific task related to state control has been delegated by the competent authority;

r) authorised person – a person carrying out state control to whom authority is granted by the competent authority;

s) processing – any process that significantly changes a primary product (including heating, smoking, drying, ripening, dehydration, salting, pressing, extraction, extrusion or any combination of these processes);

t) unprocessed food/animal feed – a product that has not undergone processing and that has been slaughtered, skinned, divided, chopped, sectioned, cut into pieces, deboned, milled, crushed, cleaned, trimmed, dehaired, peeled, chilled, frozen, quick-frozen or thawed;

u) processed food/animal feed – a product obtained as a result of the processing of unprocessed food/animal feed. Processed food/animal feed may contain ingredients that are necessary for its production or for imparting specific properties to it;

v) food additive – a substance which under normal conditions is not used as food/animal feed, but is added to food/animal feed during production, processing, packaging and storage, as a result of which this substance or its transformation product becomes an ingredient of food/animal feed;

w) harmful food/animal feed − food/animal feed which does not comply with the safety requirements for food/animal feed determined by the legislation of Georgia;

x) business operator – a person whose activity is related to the production, primary production, processing, distribution of food/animal feed, animals, plants, animal and plant products, veterinary preparations, pesticides, agrochemicals, as well as services in the fields of veterinary medicine and plant protection, and who is responsible for the compliance of his/her activity with the requirements determined by the legislation of Georgia;

y) small business − the activity of a business operator that enjoys the status of micro business, small business or fixed tax payer determined by the tax legislation of Georgia;

z) recognition − confirmation of the compliance of the activity of a registered business operator with the requirements determined by the legislation of Georgia;

aa) stages of production, processing and distribution – every stage of the process, including the import, export, primary production, processing, storage, collection, transportation, sale and delivery to the final consumer of food/animal feed, animals, plants, animal and plant products, veterinary preparations, pesticides, agrochemicals;

bb) traditional method – production, processing and/or distribution of food/animal feed, as well as primary production using historically established methods passed down from generation to generation, including traditional local farming households and other traditional economic activities;

cc) high mountain region – a high mountain settlement determined by the Law of Georgia “On the Development of High Mountain Regions”;

dd) household production – production and/or primary production of food/animal feed in an unorganised manner and/or for personal consumption;

ee) subject of household production – a natural person who carries out the production and/or primary production of food/animal feed in an unorganised manner and/or for personal consumption;

ff) place of production of a plant, plant product − a unit of a plot or structure or a combination of such units, which is managed in accordance with phytosanitary requirements;

ff¹) Retail trade − processing, reprocessing of food or/and another action related to food and storage of food at the place of sale or delivery to the final consumer. Retail trade includes distribution terminals, public catering facilities, canteens existing at enterprises, catering facilities existing in organizations, restaurants, shops (including wholesale shops), distribution centres of supermarkets and facilities providing similar services related to food;

gg) placing on the market – placement by a business operator of food/animal feed, animal, plant, animal product, plant product, veterinary preparation, pesticide or/and agrochemical for the purpose of sale, including offering for sale or transfer in another form, supply for consideration or free of charge, sale, distribution and supply in another form;

gg¹) retail trade point − a facility where retail trade is carried out;

gg²) final consumer – a consumer who does not use food/animal feed, animal, plant, animal and plant products, veterinary preparation, pesticide or/and agrochemical for sale;

gg³) hazard – the presence in food/animal feed, animal, plant, animal and plant products of such a biological, chemical or physical agent or such a condition of food/animal feed, animal, plant, animal and plant products which may cause harm to human, animal health or/and life, plant health;

gg⁴) risk − the probability and severity of the impact of a hazard when it affects human health, animal health, plant health;

gg⁵) veterinarian − a person who has the relevant diploma defined by the Law of Georgia "on Higher Education" or a veterinarian's certificate and a state certificate of veterinarian obtained in the manner established by the legislation of Georgia;

gg⁶) veterinary technician − a person who has a document confirming the relevant vocational education − a diploma and a state certificate of veterinary technician obtained in the manner established by the legislation of Georgia;

gg⁷) traceability – the ability to establish data and information about food/animal feed, any substance intended for use therein, packaging and packaging material related to food/animal feed, animal, plant, animal and plant products, veterinary preparation, pesticide or agrochemical at the stages of their production, processing and distribution;

gg⁸) batch – an identifiable quantity of food/animal feed, animal and plant products, veterinary preparation, pesticide or agrochemical of one species and designation, released by the same business operator during the same shift and marked with the same label;

gg⁹) label − any information, trademark, name, illustration or symbol related to food/animal feed, animal product, plant product, veterinary preparation, pesticide or agrochemical, which is placed on the packaging, wrapping or/and on the accompanying document related thereto;

gg¹⁰) non-compliance − non-compliance of the business operator's activity in the fields of food/animal feed safety, veterinary and plant protection with the requirements defined by Georgian legislation;

gg¹¹) accredited laboratory – a laboratory accredited in accordance with the procedure established by Georgian legislation, which is entered in the state register of the accreditation system, or a laboratory with international accreditation;

gg¹²) disease – clinical and/or pathological manifestation of infection, as well as disruption of the normal functioning (vital activity) of the organism as a result of various impacts;

gg¹³) infection – entry, adaptation and multiplication of a pathogenic agent in the human or animal organism and the response reaction of the host organism;

gg¹⁴) infected focus – a zone in which the presence of a transmissible disease or its causative agent is confirmed;

gg¹⁵) epizootic – simultaneous infection of many animals with a transmissible disease within a certain period of time, in a defined territory;

gg¹⁶) transmissible disease – an infectious or invasive disease of an animal which is transmitted from an infected organism to a healthy organism;

gg¹⁷) zoonotic disease – such a transmissible disease of an animal which is naturally transmitted from animal to human and from human to animal;

gg¹⁸) veterinary safety − the absence of diseases in a defined territory;

gg¹⁹) crisis situation − an unexpected and dangerous situation caused naturally or by human, which poses a serious threat to human and animal health and life, plant health, infrastructure and the environment and requires timely response;

gg²⁰) veterinary preparation – any substance or combination of substances with a pharmacological, immunological or metabolic effect, which is used for the diagnosis of animal disease or for the elimination of disease symptoms, for treatment and prophylaxis, as well as for the restoration and/or alteration of the vital and physiological functions of animals;

gg²¹) phytosanitary certificate − an official document which corresponds to the certificate form established by the International Plant Protection Convention and confirms that the consignment meets phytosanitary requirements;

gg²²) hygiene certificate – a document confirming compliance with the hygiene requirements for the safety of food/food-contact packaging;

gg²³) veterinary certificate – a document confirming veterinary safety, issued in accordance with the codes of the World Organisation for Animal Health (OIE) by the authorised body of the country of origin and/or the exporting country;

gg²⁴) pesticide − a chemical or biological preparation used against plant diseases and their vectors, pests and weeds, diseases and pests of stored agricultural products, rodents, animal parasites, as well as for regulating plant growth, for removing leaves from plants before harvest (defoliants) and for desiccating plants (desiccants), for the disinfection of storage facilities, warehouses, vehicles, greenhouses, soil, plant products and other products subject to phytosanitary control;

gg²⁵) agrochemical – a fertiliser and/or chemical ameliorant as defined by the Law of Georgia “On Pesticides and Agrochemicals”. This term extends to peat if it is used as a fertiliser for agricultural crops;

gg²⁶) quarantine zone − a geographical area in which there was or is a diseased animal or an animal suspected of disease and in which the relevant measures are being implemented, as well as a zone in which a quarantine harmful organism is present and State control is being implemented;

gg²⁷) plant quarantine − a set of measures aimed at preventing the introduction and/or spread of quarantine harmful organisms or at ensuring their State control;

gg²⁸) veterinary quarantine − a measure or a set of measures aimed at detecting infectious diseases and/or preventing their spread;

gg²⁹) phytosanitary measure − a procedure applied to prevent the introduction and/or spread of quarantine harmful organisms or to reduce the economic damage caused by non-quarantine harmful organisms;

gg³⁰) phytosanitary regulated object − a plant, plant product or other organism, storage place, packaging, vehicle, container, soil, other material and/or area in which a harmful organism may be present and/or which contributes to its spread and in respect of which phytosanitary measures must be applied, in particular in the case of international movement;

gg³¹) quarantine disease of animals – a disease characterised by rapid spread over a wide area, high morbidity or mortality of animals;

gg³²) harmful organism − any species, variety or biotype of a plant, animal or pathogenic agent harmful to plants or plant products. A harmful organism may be quarantine or non-quarantine;

gg³³) quarantine harmful organism − a harmful organism of potential economic importance for the endangered zone in which it does not yet occur, or occurs but is of limited distribution and is under State control;

gg³⁴) non-quarantine harmful organism − a harmful organism which is not a quarantine harmful organism for the given zone;

gg³⁵) consignment − a specified quantity of a plant or plant product which is moved accompanied by the relevant phytosanitary certificate. A consignment may consist of one or more lots;

gg³⁶) substance subject to special control − a substance defined by the Law of Georgia “On Narcotic Drugs, Psychotropic Substances, Precursors and Narcological Assistance”;

gg³⁷) Hazard Analysis and Critical Control Points (HACCP) system − a system which, by identifying hazards and implementing their control, enables the production of safe food;

gg³⁸) animal by-product (product of animal origin not intended for food) (hereinafter − product of animal origin not intended for food) − the body of an animal or part of the body of an animal, a product of animal origin or another product obtained from an animal, which is not intended for human consumption, in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009;

gg

39) Agency − a Legal Entity of Public Law under state control of the Ministry of Environmental Protection and Agriculture of Georgia − the National Food Agency.

gg⁴⁰) disposal − collection, transportation, storage, processing, use or destruction of a product of animal origin not intended for food, in accordance with the procedure established by the legislation of Georgia;

gg⁴¹) plant protection − management of pests, diseases and weeds of agricultural crops and other plants, the purpose of which is to prevent their spread on the territory of Georgia and economic damage, and which includes: plant quarantine measures, monitoring and control of their invasive and migratory species, integrated pest management and extension, registration and control of pesticides and agrochemicals;

gg⁴²) spirit drink − an alcoholic beverage intended for human consumption, having specified organoleptic characteristics, with an alcoholic strength by volume of not less than 15%;

gg⁴³) ethyl alcohol of agricultural origin − a colourless, transparent product obtained from agricultural raw materials, with an alcoholic strength by volume of not less than 96.0%;

gg⁴⁴) distillate of agricultural origin − an alcoholic liquid obtained by subsequent distillation of the product(s) of alcoholic fermentation/fermentation of raw materials of agricultural origin, which does not have directly the characteristics of ethyl alcohol or spirit drink(s), but retains the aroma and taste of the raw materials used;

gg⁴⁵) reference test − a laboratory examination of a sample taken within the framework of state control by a national or international reference laboratory with the relevant authority, which is conducted if any party disagrees with the results of the relevant laboratory examination;

gg⁴⁶) audit − a systematic and independent examination carried out to determine whether the activity and the results related thereto comply with the plans to be implemented, whether those plans have been effectively implemented and how appropriate they are for achieving the set objectives.

Law of Georgia No. 2285 of 17 April 2014 - website, 02.05.2014.

Law of Georgia No. 4038 of 16 July 2015 – website, 28.07.2015.

Law of Georgia No. 1649 of 7 December 2017 – website, 14.12.2017.

Law of Georgia No. 1754 of 15 December 2017 - website, 28.12.2017.

Law of Georgia No. 3452 of 20 September 2018 – website, 09.10.2018.

Law of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Chapter II. Basic Principles of Food/Animal Feed Safety, Animal Health and Plant Protection

Article 3. Basic Principles of Food/Animal Feed Safety, Animal Health and Plant Protection🔗

The basic principles of food/animal feed safety, animal health and plant protection are:

a) risk analysis;

b) prevention;

c) transparency;

d) protection of consumer interests.

Law of Georgia No. 2285 of 17 April 2014 - website, 02.05.2014.

Article 4. Principle of Risk Analysis🔗

1. The measures and actions provided for by this Code shall be based on risk analysis.

2. Risk analysis comprises three interrelated components:

a) risk assessment;

b) risk communication;

c) risk management.

3. The measures related to risk analysis are:

a) submission, as necessary, of a scientific opinion to the relevant authorised bodies and other interested parties in relation to a possible threat;

b) promotion and coordination of the development of risk assessment and state control methodology;

c) research, collection, recording and analysis, as necessary, of scientific and technical data;

d) identification and description, as necessary, of new threats;

e) promotion of cooperation among interested parties;

f) scientific and expert assistance, in accordance with Article 51 of this Code, when taking emergency measures;

g) other measures related to risk analysis.

Law of Georgia No. 2285 of 17 April 2014 - website, 02.05.2014.

Article 5. Risk Assessment🔗

1. Risk assessment comprises four stages:

a) identification of a threat;

b) description and characterisation of a threat;

c) assessment of the impact of a threat;

d) characterisation of risk.

2. Risk assessment shall be based on available, scientifically substantiated results and data.

3. Risk assessment shall be carried out independently, objectively and transparently.

Law of Georgia No. 2285 of 17 April 2014 - website, 02.05.2014.

Article 6. Risk communication🔗

Risk communication is the timely and uninterrupted exchange of impartial information and conclusions on the threat, the risk, the results of risk assessment and the decisions taken in the risk management process, between risk assessors, persons responsible for risk management, consumers and business operators.

Article 7. Risk management🔗

1. Risk management is a process distinct from risk assessment, the purpose of which is, proceeding from the results of risk assessment, to select appropriate measures of risk prevention and control by means of selecting an appropriate alternative.

2. Measures taken to reduce, eliminate and prevent risk shall be effective, objective and proportionate to the risk.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 8. (removed)🔗

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 9. Precautionary principle🔗

1. In special circumstances, when on the basis of the available information there is doubt as to the existence of a threat related to human or animal health or to plant health, and at the same time it is temporarily impossible to substantiate this information scientifically, temporary risk management measures may be taken.

2. Measures taken in accordance with paragraph 1 of this article shall be proportionate to the threat and shall be reviewed within a reasonable time, proceeding from the nature of the risk related to human or animal health or to plant health.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 10. Principle of transparency🔗

1. The process of risk assessment and of the development and consideration of risk management measures shall be public, except for the cases determined by the legislation of Georgia.

2. In the event of substantiated doubt regarding a risk, proceeding from the nature, scale and seriousness of that risk, the Agency shall be obliged to provide the public with appropriate information on the impact of the threat on human or animal health or on plant health and on the product posing the threat, as well as on the measures taken to reduce or eliminate the risk.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 10¹. Principle of consumer interest protection🔗

1. The consumer shall be provided with the necessary, accurate and complete information related to food/animal feed, animals, plants, animal and plant products, veterinary preparations, pesticides and agrochemicals, which will enable him/her to make a correct choice.

2. Based on the requirements of this Code, the consumer shall be protected from deception and attempts to mislead.

3. Labelling, advertising or presentation of food/animal feed (including portioning or packing, packaging, placement) that may mislead the consumer as to the true nature, composition, properties or other characteristics of the food/animal feed shall be inadmissible.

4. All other actions that may mislead the consumer shall be prevented and/or avoided.

5. For the purpose of protecting consumer interests, the Agency establishes the compliance of information related to food/animal feed, animals, plants, animal and plant products, veterinary preparations, pesticides and agrochemicals, as defined by the legislation of Georgia and declared by the business operator.

6. For the purpose of protecting consumer interests, the Agency promptly responds to a notification that allows the identification of the notifying person and of the information provided in the notification.

Law of Georgia of 17 April 2014 No. 2285 - website, 02.05.2014.

Chapter III. Requirements for food/animal feed safety, veterinary and plant protectionLaw of Georgia of 17 April 2014 No. 2285 - website, 02.05.2014.

Article 11. Food safety requirements🔗

1. Food placed on the market shall comply with the food safety requirements defined by the legislation of Georgia.

2. Placing harmful food on the market shall be inadmissible.

3. Food shall be considered harmful if:

a) it poses a threat to human life and/or health;

b) its consumption by humans is not appropriate.

4. When determining food safety, the following shall be taken into account:

a) compliance with the requirements defined by the legislation of Georgia for the production, processing and distribution of food, as well as primary production;

b) the possibility of use of the food for its intended purpose by the final consumer;

c) any information provided to the consumer (including information placed on the label) or other information available to the consumer in order to prevent the harmful effect of food (including food of certain categories);

d) not only the possible immediate, short-term or long-term effect of food on the consumer, but also its effect on subsequent generations;

e) possible toxic cumulative effect;

f) the level of the effect of food on the health of a particular category of consumers, if this food is intended for the said category of consumers.

5. In order to determine the appropriateness of human consumption of food, account shall be taken of the extent to which the use of the food for its intended purpose by humans is permissible due to its contamination, putrefaction, decay or the presence of signs of external damage to it.

6. If food is harmful, the entire batch of this food shall be considered harmful, except where a detailed inspection of the batch confirms that the remaining part of the batch complies with food safety requirements. The costs of the inspection shall be borne by the business operator.

7. Compliance of food with the food safety requirements defined by the legislation of Georgia does not preclude the Agency from taking appropriate measures to restrict/prohibit its placement on the market or to withdraw it from the market, if there is a reasoned doubt that the food, notwithstanding its compliance with the food safety requirements defined by the legislation of Georgia, is not safe.

Law of Georgia of 17 April 2014 No. 2285 - website, 02.05.2014.

Article 12. Requirements for animal feed safety🔗

1. Animal feed shall not be placed on the market or used as animal feed if it is not safe.

2. Animal feed that meets the animal feed safety requirements established by the legislation of Georgia shall be considered safe.

3. Animal feed shall be considered harmful for use for its intended purpose if:

a) this feed poses a risk to animal health;

b) food obtained from an animal fed with this feed is harmful to human health.

4. If animal feed does not meet the animal feed safety requirements, the entire batch of this animal feed shall be considered harmful, except where a detailed inspection of the batch confirms that the remaining part of the batch meets the animal feed safety requirements. The costs of the inspection shall be borne by the business operator.

5. The documentary substantiated compliance of animal feed with the animal feed safety requirements established by the legislation of Georgia does not preclude the Agency from taking appropriate measures in connection with restricting/prohibiting its placement on the market or withdrawing it from the market, if there is a substantiated doubt that, despite the documentary substantiated compliance with the established animal feed safety requirements, the animal feed is not safe.

Law of Georgia of 17 April 2014 No. 2285 - website, 02.05.2014.

Article 12¹. Veterinary requirements🔗

1. Veterinary requirements are those requirements which are established to ensure the protection of animal and/or human life and health, to maintain veterinary well-being in the country, and in the event of an outbreak of disease, for the localisation and elimination of foci, for the determination and assessment of the epizootic situation, for the prevention of animal disease, for the control of animal products and for animal welfare.

2. Veterinary requirements are:

a) protection of the territory of the country from the incursion, introduction and spread of causative agents of contagious diseases;

b) achievement and/or maintenance of veterinary well-being in the country;

c) protection of the population from zoonotic diseases;

d) ensuring the health and welfare of animals (including domestic pets);

e) implementation of diagnostic, preventive and elimination measures against animal diseases;

f) certification of animals and animal products;

g) control of animal products;

h) identification and registration of animals;

i) compliance of veterinary preparations with the requirements determined by the legislation of Georgia.

Law of Georgia of 17 April 2014 No. 2285 - website, 02.05.2014.

Article 12². Plant Protection Requirements🔗

1. The territory of the country shall be protected from the incursion, introduction and spread of quarantine pests.

2. Plants, plant products and other phytosanitary regulated objects shall be protected from pests by the application of phytosanitary measures.

3. The following shall be ensured:

a) prevention of the harmful effects of pesticides and agrochemicals on human and animal health and the environment;

b) phytosanitary certification of a phytosanitary regulated object.

Law of Georgia of 17 April 2014 No. 2285 – website, 2 May 2014.

Article 13. Registration and Recognition as a Business Operator🔗

1. A business operator shall, in accordance with the procedure established by Georgian legislation, register the relevant activity in the Register of Economic Activities.”;

1¹. A business operator shall, in the event of the commencement, termination and/or change of any registered data related to the activity, for the purpose of entering a change in the Register of Economic Activities, apply, in accordance with the procedure established by Georgian legislation, to the Legal Entity of Public Law operating in the area of governance of the Ministry of Justice of Georgia – the National Agency of Public Registry.

2. The activity of a business operator without registration is prohibited.

3. Recognition is mandatory for a business operator whose activity is related to:

a) production and/or processing of food of animal origin, except for a business operator that:

a.a) carries out household production;

a.b) carries out primary production;

a.c) carries out production and/or processing of food of animal origin using traditional methods;

a.d) in a high mountainous region, carries out production, processing and/or primary production of food/animal feed in a non-factory manner;

a.e) carries out direct supply of a primary product to the final consumer or to a retail outlet that directly supplies the final consumer and that, in accordance with this Code, has the status of a small business;

a.f) carries out direct supply of meat of poultry and lagomorphs slaughtered on the farm, meat of hunted wild animals and birds, or meat of hunted game, to the final consumer or to a retail outlet that directly supplies the final consumer and that, in accordance with this Code, has the status of a small business;

a.g) carries out storage of food of animal origin that does not require temperature control established by Georgian legislation;

a.h) carries out retail trade, except when retail trade is carried out for the purpose of supplying food of animal origin to another enterprise, except when:

a.h.a) the activity includes only storage or transportation of food of animal origin;

a.h.b) food of animal origin is supplied locally only from one retail outlet to another retail outlet;

b) production, processing and/or placing on the market of feed for animals determined by Resolution of the Government of Georgia;

c) products of animal origin not intended for food, determined by Resolution of the Government of Georgia;

d) the field of plant protection, determined by Resolution of the Government of Georgia.

4. Recognition of a business operator shall be carried out by the Agency based on the results of inspection, in accordance with the procedure approved by Resolution of the Government of Georgia.

5. The activity of a business operator that is subject to recognition is prohibited without recognition.

6. The Agency is entitled, upon the request of a business operator, to recognise an activity which, in accordance with this Code, is not subject to mandatory recognition.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Law of Georgia of 24 June 2016 No. 5568 – website, 13.07.2016.

Law of Georgia of 15 December 2017 No. 1754 – website, 28.12.2017.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Article 14. (Removed)🔗

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 15. (Removed)🔗

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 16. (Removed)🔗

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 17. Traceability requirements🔗

1. The traceability of food/animal feed, animals, plants, animal and plant products, veterinary preparations, pesticides and agrochemicals shall be ensured at the stages of production, processing and distribution.

2. In order to implement traceability, a business operator must have appropriate information and keep relevant documentation and records. For this purpose, a business operator shall have introduced systems and procedures which provide the competent authorities with such information upon request.

3. In order to implement traceability, food/animal feed, animals, plants, animal products, plant products, veterinary preparations, pesticides and agrochemicals shall be labelled in accordance with the procedure established by the Government of Georgia, wine and other alcoholic beverages of grape origin − in accordance with the Law of Georgia "On Vine and Wine", and a genetically modified organism or food/animal feed produced therefrom − in accordance with the Law of Georgia "On Labelling of Genetically Modified Organisms Intended for Food/Animal Feed and Genetically Modified Products Produced Therefrom".

4. The general principles and requirements of traceability in the fields of food/animal feed safety, veterinary and plant protection shall be determined by a Resolution of the Government of Georgia.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Law of Georgia of 11 December 2014 No. 2877 – website, 23.12.2014.

Law of Georgia of 15 December 2017 No. 1754 – website, 28.12.2017.

Article 17¹. Requirements related to the system based on the principles of hazard analysis and critical control points (HACCP)🔗

1. A food business operator shall have implemented food safety procedures in accordance with the principles of the hazard analysis and critical control points (HACCP) system.

2. The principles of the hazard analysis and critical control points (HACCP) system are:

a) identification of any hazard for the purpose of its prevention, elimination or reduction to an appropriate level;

b) determination of critical control points at the stage(s) where control must be exercised in order to prevent, eliminate or reduce the hazard to an appropriate level;

c) determination of critical limits at critical control points for the purpose of preventing, eliminating or reducing the hazard to an appropriate (acceptable) level;

d) introduction and implementation of effective monitoring at critical control points;

e) determination of corrective actions for the case where monitoring establishes that a critical control point exceeds the established critical limit;

f) development of procedures for regularly verifying the actions provided for by subparagraphs „a“, „b“, „c“ and „e“ of this paragraph;

g) keeping records of the actions provided for by subparagraphs „a“–„f“ of this paragraph.

3. In the event of any change in food, at any stage and process of food production, the business operator shall make the relevant changes in the system based on the principles of hazard analysis and critical control points (HACCP).

4. The hazard analysis and critical control points (HACCP) system shall not be mandatory for a business operator that carries out primary production.

5. The types of production and processing of food/animal feed for which the introduction of a system based on the principles of hazard analysis and critical control points (HACCP) is mandatory shall be determined by a Resolution of the Government of Georgia.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 17². Food safety requirements for food donation and redistribution🔗

Food donation and redistribution shall be carried out in compliance with the food safety requirements defined by this Code and the rules established by the Law of Georgia „On Reduction of Food Loss and Food Waste and on Food Donation“.

Law of Georgia of 4 October 2023 No. 3550 – website, 24.10.2023.

Article 18. Labelling rules🔗

1. Food/animal feed intended for sale, an animal, a plant, an animal product, a plant product, a veterinary preparation, a pesticide and an agrochemical shall be labelled in accordance with the rules established by the Government of Georgia, wine and other alcoholic beverages of grape origin − in accordance with the Law of Georgia "On Vine and Wine", and a genetically modified organism or food/animal feed made therefrom − in accordance with the Law of Georgia "On Labelling of Genetically Modified Organisms Intended for Food/Animal Feed and Genetically Modified Products Produced Therefrom".

2. Compliance of the label with the requirements defined by the legislation of Georgia shall be established during state control.

3. It shall be inadmissible to indicate on the label of food/animal feed or in the accompanying document any combination of the terms − "biological", "ecological", "eco", "bio", "organic" − if it does not comply with the bio-production rules established by the Government of Georgia and this compliance is not confirmed by a certificate of conformity.

4. It shall be inadmissible to place on the market such food/animal feed, animal, plant, animal and plant products, veterinary preparation, pesticide and agrochemical as do not meet the requirements established by the Government of Georgia, and in the event of violation of these requirements the business operator shall ensure prevention of their placement on the market or withdrawal of that already placed on the market.

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014.

Law of Georgia No. 2877 of 11 December 2014 – website, 23.12.2014.

Law of Georgia No. 1754 of 15 December 2017 – website, 28.12.2017.

Chapter III¹. Obligations of the business operatorLaw of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014.

Article 18¹. Obligations of a business operator in the field of food/animal feed safety🔗

1. Within the scope of its activities, a business operator shall ensure that food/animal feed complies with the requirements of this Code and the relevant legislation at the stages of production, processing and distribution of food/animal feed.

2. If a business operator has reasonable doubt that food/animal feed imported, produced, processed, distributed or placed on the market by it does not comply with the food/animal feed safety requirements determined by the legislation of Georgia, it shall immediately take measures to prevent the placing of this food/animal feed on the market or to withdraw food/animal feed already placed on the market. If such food/animal feed has been supplied to the final consumer, the business operator shall effectively provide the consumer, in a form understandable to the consumer, with complete information on the reasons for the withdrawal of the food/animal feed from the market. If the measures taken to ensure health protection are insufficient, the business operator shall recall the food/animal feed supplied to the consumer.

3. If the Agency has reasonable doubt that food/animal feed imported, produced, processed, distributed or placed on the market by a business operator is harmful, the business operator shall, in accordance with the Agency's instruction, immediately take measures to prevent the placing of this food/animal feed on the market, to withdraw food/animal feed already placed on the market and/or to recall food/animal feed supplied to the consumer.

4. A business operator shall immediately notify the Agency in writing of the measures taken in the cases provided for by paragraphs 2 and 3 of this Article.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 18². Obligations of a business operator in the field of veterinary medicine🔗

1. A business operator engaged in the breeding, relocation, transportation, sale and/or slaughter of animals shall comply with the following requirements:

a) carry out measures against contagious diseases, preventive and liquidation measures, including vaccination, diagnostic examinations, treatment and other measures against contagious diseases;

b) perform the slaughter of an animal for the purpose of placing on the market the animal product obtained as a result of its slaughter, under veterinary supervision;

c) comply with the instructions of the Agency for the implementation of measures against contagious diseases, preventive, liquidation and identification-registration measures;

d) cooperate with the relevant competent authorities in the implementation of diagnostic, preventive and liquidation measures against contagious diseases and measures for the identification and registration of animals;

e) ensure the welfare of animals (including domestic companion animals);

f) ensure the relocation, transportation and sale of animals in accordance with the procedure established by the legislation of Georgia;

g) ensure the disposal of products of animal origin of non-food purpose in accordance with the procedure established by the legislation of Georgia;

h) immediately notify the Agency of cases of contagious diseases, as well as of cases of mass poisoning of animals;

i) not allow the movement of an infected/diseased and/or an animal with respect to which there is a suspicion that it is infected/diseased.

2. Paragraph 1 of this Article shall also apply to a family production entity.

3. A business operator engaged in the production, processing and distribution of animal products shall, within the scope of its activity, comply with the following requirements:

a) ensure that animal products shall not pose a risk to human and/or animal health or life;

b) comply with the instructions of the Agency for the implementation of anti-epizootic, preventive and liquidation measures; cooperate with the relevant competent authorities in the implementation of diagnostic, preventive and liquidation measures against animal diseases;

c) ensure the movement and sale of animal products in accordance with the procedure established by the legislation of Georgia.

4. Subparagraph "b" of paragraph 3 of this Article shall also apply to a family production entity.

5. A business operator engaged in the production and distribution of a veterinary preparation shall comply with the following requirements:

a) a veterinary preparation intended for sale shall be registered in accordance with the procedure established by the legislation of Georgia;

b) the requirements related to the quality/safety and sale of the veterinary preparation shall be observed.

5¹. If the business operator has reasonable doubt that a veterinary preparation produced, imported or placed on the market by it is unregistered, falsified, expired or unfit for use, or that the rules for labelling the veterinary preparation have been violated, it shall be obliged, until the matter is clarified, to immediately take measures to prohibit the placing of this veterinary preparation on the market or to withdraw such veterinary preparation placed on the market.

5². If the Agency has reasonable doubt that a veterinary preparation produced, imported or placed on the market by a business operator is unregistered, falsified, expired or unfit for use, or that the rules for labelling the veterinary preparation have been violated, the business operator shall be obliged, in accordance with the Agency's instruction, until the matter is clarified, to immediately take measures to prohibit the placing of this veterinary preparation on the market or to withdraw such veterinary preparation placed on the market.

5³. In the cases provided for by paragraphs 5¹ and 5² of this article, the business operator shall be obliged to immediately notify the Agency in writing of the measures taken.

6. Other business operators carrying out veterinary activities shall carry out their activities in accordance with the requirements established by the Government of Georgia.

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014.

Law of Georgia No. 1754 of 15 December 2017 – website, 28.12.2017.

Law of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Article 18³. Obligations of the business operator in the field of plant protection🔗

1. A business operator that carries out the production, processing and/or distribution of plants and plant products shall be obliged to:

a) protect plants, plant products, as well as the place of production of plants and plant products from quarantine pests;

b) not allow the harmful effect of the pesticides and agrochemicals used on human and animal health and on the environment;

c) comply with the Agency's instructions in order to prevent the mass spread of a harmful organism that poses a threat to plant health;

d) cooperate with the relevant authorised bodies in carrying out preventive and liquidation measures against the spread of harmful organisms;

e) in the event of the detection of quarantine pests and/or the existence of suspicion thereof, immediately notify the Agency;

f) keep records of the protective measures carried out at the place of production of plants and plant products in order to prevent the spread of harmful organisms and of the plant protection means used.

2. Subparagraphs „c“, „d“ and „e“ of paragraph 1 of this article shall also apply to a family production entity.

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014.

Law of Georgia No. 1754 of 15 December 2017 – website, 28.12.2017.

Chapter III². Veterinary activityLaw of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Article 18⁴. Regulation of Veterinary Activity🔗

1. Veterinary activity is a regulated profession.

2. The regulated professions are:

a) veterinarian;

b) veterinary technician.

Law of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Chapter IV. Powers and Obligations of State BodiesLaw of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014.

Article 19. „Powers and Obligations of State Bodies in the Areas of Food/Animal Feed Safety, Veterinary and Plant Protection🔗

1. State policy in the areas of food/animal feed safety, veterinary and plant protection shall be implemented by the Government of Georgia and the Ministry of Environmental Protection and Agriculture of Georgia within the scope of their competences.

2. State control in the areas of food/animal feed safety, veterinary and plant protection on the territory of Georgia shall be exercised by the Agency in accordance with this Code; state control (monitoring, documentary inspection, sampling) over the production and processing of spirits, ethyl alcohol of agricultural origin and distillate of agricultural origin − by the Legal Entity of Public Law − the National Wine Agency, and when goods are moved across the customs border of Georgia − by the Legal Entity of Public Law within the governance sphere of the Ministry of Finance of Georgia − the Revenue Service (hereinafter − the Service) in accordance with this Code, the Customs Code of Georgia and other relevant normative acts.

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014.

Law of Georgia No. 1649 of 7 December 2017 – website, 14.12.2017.

Law of Georgia No. 4933 of 28 June 2019 – website, 04.07.2019.

Law of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Article 20. Powers and obligations of the Ministry of Environmental Protection and Agriculture of Georgia in the fields of food/animal feed safety, veterinary and plant protection🔗

In the fields of food/animal feed safety, veterinary and plant protection, the powers and obligations of the Ministry of Environmental Protection and Agriculture of Georgia are:

a) participation in determining state policy within the scope of its competence;

b) participation in the development of legal acts;

c) implementation of measures and relevant actions to ensure the management of the crisis situation provided for by Article 52 of this Code;

d) cooperation with international, educational, scientific and consumer interest protection organisations;

e) organisation of risk analysis;

f) regulation of the activity of regulated professions − veterinarian and veterinary technician;

g) designation of national reference laboratories in the fields of food/animal feed safety, veterinary and plant protection, which perform reference testing.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Law of Georgia of 7 December 2017 No. 1649 – website, 14.12.2017.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Article 21. Powers and obligations of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia in the fields of food safety and veterinary🔗

In the fields of food safety and veterinary, the powers and obligations of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia are:

a) participation in determining food safety norms and parameters;

b) participation in determining requirements for special groups of consumers (including requirements related to the nutrition of children and infants and to food safety);

c) monitoring, research and control of food-borne diseases and maintenance of the relevant database, development of recommendations and rules for the purposes of disease prevention, epidemiological surveillance and control;

d) informing the Agency, in the manner established by the legislation of Georgia, in the event of the detection of a zoonotic disease and a food-borne disease;

e) participation, within the scope of its competence, in the management of the crisis situation provided for by Article 52 of this Code and ensuring the exchange of information in accordance with the requirements established by the International Health Regulations (IHR-2005).

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Law of Georgia of 5 July 2018 No. 3083 – website, 11.07.2018.

Article 21¹. Legal Status of the Agency🔗

1. The Agency is a Legal Entity of Public Law subject to state control by the Ministry of Environmental Protection and Agriculture of Georgia, which exercises state control over food/animal feed safety, veterinary state control and phytosanitary state control.

2. The Ministry of Environmental Protection and Agriculture of Georgia shall exercise state control over the Agency's activities.

3. The structure, functions and powers of the Agency shall be determined by its statute, which shall be approved by the Minister of Environmental Protection and Agriculture of Georgia.

4. The Agency shall be headed by a Head, who shall be appointed and dismissed by the Prime Minister of Georgia upon the recommendation of the Minister of Environmental Protection and Agriculture of Georgia.

Law of Georgia No. 5568 of 24 June 2016 – website, 13.07.2016.

Law of Georgia No. 1649 of 7 December 2017 – website, 14.12.2017.

Article 21². Financing of the Agency🔗

1. The sources of financing of the Agency are:

a) funds allocated from the State Budget of Georgia;

b) fees for the provision of services by the Agency;

c) other revenues permitted by the legislation of Georgia.

2. The time limit and fee for the provision of services by the Agency shall be determined by a Resolution of the Government of Georgia.

Law of Georgia No. 5568 of 24 June 2016 – website, 13.07.2016.

Article 22. Powers and obligations of the Agency in the fields of food/animal feed safety, veterinary medicine and plant protection🔗

The powers and obligations of the Agency are:

a) In the field of food/animal feed safety:

a.a) exercise of state control over compliance of food/animal feed with the requirements defined by Georgian legislation at the stages of production, processing and distribution;

a.b) inspection of traceability requirements to determine their compliance with the requirements defined by Georgian legislation;

a.c) inspection of a system based on the principles of hazard analysis and critical control points (HACCP) to determine its compliance with the requirements defined by Georgian legislation;

a.d) in the event of an irremediable violation of the rules established by Georgian legislation for the labelling of genetically modified organisms and genetically modified products produced from them, supervision over the destruction of expired and/or food/animal feed deemed unfit for use;

a.e) timely informing of the population regarding food/animal feed placed on the market, if it is confirmed that this food/animal feed is harmful to human or animal health;

a.f) assignment of the categories of natural mineral, spring and table water to commodity products of water produced (bottled) in Georgia;

b) In the field of veterinary medicine:

b.a) exercise of control to ensure animal health and epizootic well-being;

b.b) diagnosis of infectious diseases, development, organisation and implementation of programmes of counter, preventive and liquidation measures against them;

b.c) exercise of control over animal welfare;

b.d) registration and control of veterinary preparations, supervision over the destruction of falsified, unregistered, expired and veterinary preparations deemed unfit for use;

b.e) exercise of control in accordance with the procedure established by Georgian legislation to ensure the disposal of products of animal origin not intended for food;

b.f) supervision over the process of movement and driving of animals (including to seasonal pastures);

b.g) identification and registration of animals;

b.h) in the event of detection of a zoonotic disease, informing the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia in accordance with the procedure established by Georgian legislation;

b.i) organisation of veterinary quarantine within the scope of its competence;

b.j) coordination of the activities of business operators engaged in the field of veterinary medicine;

b.k) development of the list of countries from which the import of animals, animal products and animal feed is permitted;

b.l) timely informing of the population regarding veterinary preparations placed on the market, if their harmful effect on animal health and welfare is confirmed;

b.m) Exercise of control over the use of substances subject to special control in Georgia that are necessary for veterinary service and animal capture activities;

c) In the field of plant protection:

c.a) Registration of pesticides and agrochemicals, control of their use and circulation in accordance with the procedure established by the legislation of Georgia;

c.b) Exercise of control to ensure plant protection;

c.c) Development and implementation of programmes of preventive and eradication measures against the spread of harmful organisms;

c.d) Organisation of plant quarantine;

c.e) Monitoring of the spread and development of harmful organisms, detection of harmful organisms and ensuring their diagnosis;

c.f) Development of the list of quarantine harmful organisms;

c.g) Forecasting of the mass spread and development of harmful organisms;

c.h) Development and implementation of preventive and localisation/eradication measures against the spread of harmful organisms;

c.i) Supervision of the treatment of phytosanitary regulated objects in the case of international shipments;

c.j) Timely informing of the population regarding agrochemicals and pesticides placed on the market, if their harmful impact on human and animal health, plant health and the environment is confirmed;

c.k) Granting of the status of an area free from harmful organisms or an area of low prevalence of harmful organisms;

c.l) Before leaving the state border of Georgia, after phytosanitary certification of the cargo, implementation of appropriate procedures to prevent its re-invasion and replacement of composition;

d) Recognition of business operators;

e) Ensuring risk management and risk communication in the fields of food/animal feed safety, veterinary and plant protection;

f) Informing business operators and consumers about the existing legal requirements in the fields of food/animal feed safety, veterinary and plant protection;

g) Raising the professional qualification of authorised persons;

h) Cooperation with state agencies, international, educational, scientific and consumer interest protection organisations;

i) Issuance of permits, certificates and licences in accordance with the procedure established by the legislation of Georgia;

j) In the event of a crisis situation in the country, development of a crisis management plan and its submission to the Ministry of Environmental Protection and Agriculture of Georgia;

k) In the event of detection of environmental pollution, informing the relevant authorised bodies;

l) Ensuring publicity of the results of state control, except for confidential information established by the legislation of Georgia;

m) In accordance with the Law of Georgia “On Enforcement Proceedings”, issuance of a writ of execution on the compulsory enforcement of the protocol on an administrative offence. The form of the writ of execution shall be approved by the Minister of Environmental Protection and Agriculture of Georgia by an individual administrative-legal act.

Law of Georgia of 17 April 2014 No. 2285 - website, 02.05.2014.

Law of Georgia of 11 December 2014 No. 2877 - website, 23.12.2014.

Law of Georgia of 7 December 2017 No. 1649 – website, 14.12.2017.

Law of Georgia of 15 December 2017 No. 1754 - website, 28.12.2017.

Law of Georgia of 5 July 2018 No. 3083 – website, 11.07.2018.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Article 22¹. Relations of the Agency with municipal bodies🔗

The principle of the Agency's relations with the relevant municipal bodies is, on the basis of the Organic Law of Georgia “Local Self-Government Code” and the Law of Georgia “On Public Health”, mutual assistance and cooperation in the implementation of measures in the phytosanitary and veterinary fields in order to jointly address common problems, which includes:

a) imposition and lifting of quarantine or other restrictions and facilitation of their implementation for the localization and elimination of quarantine harmful organisms and diseases during plant quarantine and veterinary quarantine;

b) facilitation of the implementation of prophylactic and compulsory measures against animal diseases in the administrative territory;

c) facilitation of the implementation of measures against non-quarantine harmful organisms.

Law of Georgia of 17 April 2014 No. 2285 - website, 02.05.2014.

Law of Georgia of 15 July 2020 No. 6936 – website, 28.07.2020.

Article 23. Powers of the Service in the fields of food/animal feed safety, veterinary and plant protection🔗

In accordance with the procedure established by the Government of Georgia, when goods move across the customs border of Georgia, the Service shall carry out:

a) border control of food/animal feed safety;

b) veterinary border control;

c) phytosanitary border control.

Article 24. Cooperation between the Agency and the Service🔗

1. For the purpose of effective implementation of state control, during the circulation of food/animal feed, animals and/or plants on the territory of Georgia, as well as when goods cross the customs border of Georgia, the Agency and the Service shall cooperate.

2. The cooperation between the Agency and the Service shall be carried out on the basis of the following principles:

a) Exchange of information – the Agency and the Service shall be obliged, within the scope of their competence, to regularly provide each other with information on existing and possible risks related to food/animal feed, animals and/or plants, as well as on measures implemented and to be implemented both during the movement of goods across the customs border of Georgia and after their importation into or placement on the territory of Georgia;

b) Accessibility of the information database – the Agency and the Service shall be obliged, in accordance with the procedure established by the legislation of Georgia, to ensure each other's access to the relevant information database maintained by them and its accessibility, which is necessary for the exercise of state control by the Agency and the Service;

c) Prompt exchange of information through the rapid alert system – the Agency and the Service shall be obliged to organise the effective operation of the rapid alert system, as well as, through this system, to ensure the prompt exchange of information, in accordance with the procedure established by the legislation of Georgia, on measures implemented and to be implemented to eliminate threats related to food/animal feed, animals and/or plants.

3. The Agency and the Service shall be obliged, on the basis of cooperation and close coordination, to create a unified state control system. The carrying out of mutually opposing actions, uncoordinated actions or actions that contradict the principles defined by this Article and the requirements of the Customs Code of Georgia shall be inadmissible.

Law of Georgia of 28 June 2019 No. 4933 – website, 04.07.2019.

Article 24¹. Powers of the Legal Entity of Public Law − National Wine Agency🔗

The Legal Entity of Public Law − National Wine Agency is authorised to exercise state control at the stages of production and processing of alcoholic beverages, ethyl alcohol of agricultural origin and distillate of agricultural origin in the following forms:

a) monitoring;

b) documentary inspection;

c) sampling and conducting examinations in an accredited laboratory;

d) issuance of a certificate of conformity.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Title II. State Control
Chapter V. Types of State Control and Mechanisms for Its Implementation

Article 25. Types of state control🔗

The types of state control are:

a) food/animal feed safety control − action carried out:

a.a) to establish compliance of food/animal feed safety and labelling with the requirements defined by the legislation of Georgia;

a.b) to establish compliance of the provision of information about food to the consumer with the requirements defined by the legislation of Georgia;

b) veterinary control – action carried out to establish compliance with the requirements defined by the legislation of Georgia in the field of veterinary medicine;

c) phytosanitary control − action carried out to establish compliance with the phytosanitary requirements defined by the legislation of Georgia in the field of plant protection.

Law of Georgia of 17 April 2014 No. 2285 - website, 02.05.2014.

Law of Georgia of 15 December 2017 No. 1754 - website, 28.12.2017.

Article 26. Mechanisms for exercising state control🔗

1. The mechanisms for exercising food/animal feed safety control, veterinary control and phytosanitary control are:

a) inspection;

b) monitoring;

c) supervision;

d) documentary check;

e) sampling;

f) audit.

2. The Agency may delegate the performance of individual tasks related to state control to one or more controlling bodies, if:

a) there is a precise description of those tasks that may be performed by the controlling body;

b) the controlling body is impartial and free from conflict of interest in relation to the performance of the tasks delegated to it.

3. The controlling body shall be accredited by the relevant body of Georgia or of the member states of the European Union and the Organisation for Economic Co-operation and Development (OECD).

Law of Georgia of 17 April 2014 No. 2285 - website, 02.05.2014.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Article 26¹. Mechanisms of state control of food/animal feed safety🔗

1. Inspection is a state control mechanism, during which an examination of individual aspects of the stages of production, processing and distribution of food/animal feed is carried out to determine their compliance with the requirements and rules defined by Georgian legislation, without prior notification of the business operator, and which includes:

a) check of the business operator's activity at the stages of production, processing and distribution of food/animal feed;

b) conducting a documentary check;

c) sampling in the established manner and conducting examinations in an accredited laboratory.

2. Monitoring is a state control mechanism, during which pre-planned observations and measurements are carried out to assess compliance of food/animal feed with the requirements defined by Georgian legislation, within the framework of the annual state control program, in the development of which the following factors shall be taken into account:

a) cases of occurrence in previous years in the population and animals of food poisonings, intestinal infections caused by food/animal feed, epidemics, other foodborne mass diseases;

b) cases of microbiological, chemical or physical contamination of food/animal feed;

c) cases of environmental contamination;

d) cases of deception and misleading of consumers;

e) comparative analysis of the activities carried out by the Agency in the reporting year and previous years.

3. Within the framework of monitoring, the following are carried out:

a) for risk assessment, determination of compliance of the microbiological indicator and chemical contaminant of food/animal feed with the requirements defined by Georgian legislation and examination of the presence of a physical hazard therein by sampling and conducting examinations in an accredited laboratory;

b) check of compliance of the label, presentation and storage conditions of food/animal feed with the requirements defined by Georgian legislation;

c) check of compliance of the provision of information about food to the consumer with the requirements defined by Georgian legislation;

d) documentary check.

4. Supervision is a state control mechanism, during which observation of the activity of a food/animal feed business operator is carried out. Observation is carried out:

a) on the destruction of food;

b) on the prevention by the business operator of placing food on the market, on withdrawal from the market and from the consumer;

c) on the fulfillment by the business operator of the Agency's instructions.

5. Documentary check is a state control mechanism, during which, independently or together with other state control mechanisms, a check of documents related to the activity of a food/animal feed business operator is carried out.

6. Sampling is a state control mechanism carried out for the examination of organoleptic, microbiological, parasitological, toxicological, physico-chemical, radiological, disease and/or other indicators in order to determine the expected risk to human and animal health and life.

7. Sampling may be carried out during inspection, supervision, monitoring or independently.

8. An audit is a mechanism for carrying out state control, which is carried out in respect of food/animal feed safety procedures implemented in accordance with the principles of good hygiene practice, hazard analysis and critical control points (HACCP) system, and during which the following shall be established:

a) compliance of the business operator's actions and their results with the measures and steps planned by it;

b) effectiveness of the measures and steps planned by the business operator and their compliance with the set objectives.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Law of Georgia of 15 December 2017 No. 1754 – website, 28.12.2017.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Article 26². Mechanisms of state veterinary control🔗

1. Inspection is a mechanism of state control, during which the following is carried out:

a) examination of individual aspects of the stages of production, processing and distribution of an animal, animal product, veterinary preparation, verification of animal health and welfare, and of the activity of a business operator carrying out veterinary activity in order to determine its compliance with the requirements and rules defined by Georgian legislation, and which includes:

a.a) verification of the business operator's activity at the stages of production, processing and distribution, as well as to assess the state of animal health and welfare;

a.b) conduct of documentary verification;

a.c) if necessary, taking of samples, specimens, pathological material and laboratory examination;

b) in order to determine compliance with the requirements and rules defined by Georgian legislation, identification of an animal − verification of compliance with the requirements and rules related to the use of substances subject to special control in Georgia that are necessary for the registration of the animal, its housing/temporary housing, the activity of the veterinary service and the activity of catching animals.

2. Monitoring is a mechanism of state control, during which pre-planned observations and collection of data are carried out to assess the compliance of animal health status and welfare, non-food products of animal origin, and veterinary preparations with the requirements defined by Georgian legislation. Monitoring includes:

a) taking of samples, specimens, pathological material for risk assessment;

b) taking of a sample of a veterinary preparation;

c) verification of the label of an animal, animal product, veterinary preparation;

d) inspection of the animal's living environment and collection of information.

3. Supervision is a mechanism of state control, during which observation of an animal, animal product, veterinary preparation, and the activity of a business operator is carried out. Observation is carried out:

a) over the slaughter, pre-slaughter and post-slaughter processes of an animal;

b) over the implementation of quarantine measures;

c) over the implementation of measures against infectious diseases and mass non-infectious diseases;

d) over the destruction of falsified, unregistered, expired, substandard and veterinary preparations deemed unfit for use;

e) over the disposal of non-food products of animal origin;

f) over the course of movement and driving of animals (including to seasonal pastures);

g) over the destruction of animal feed;

h) over the implementation by the business operator of the instructions of the Agency.

4. Documentary verification is a mechanism of state control, during which, independently or together with other mechanisms of state control, verification of documents related to the activity of a business operator in the field of veterinary medicine is carried out.

5. Veterinary control shall be exercised by a veterinarian in accordance with the procedure determined by a Resolution of the Government of Georgia.

6. Sampling is a mechanism of state control carried out for the examination of organoleptic, microbiological, parasitological, toxicological, physical-chemical, radiological, disease and/or other indicators in order to determine the risk expected for animal health and welfare, and for human health and life.

7. Sampling may be carried out during inspection, supervision, monitoring or independently.

8. Audit is a mechanism for the exercise of state control which is carried out in respect of the procedures for the inspection of animal products after the slaughter of the animal, introduced in accordance with the principles of good hygiene practice and the hazard analysis and critical control points (HACCP) system, and during which the following shall be established:

a) compliance of the business operator's actions and their results with the measures and steps planned by it;

b) the effectiveness of the measures and steps planned by the business operator and their compliance with the set objectives.

Law of Georgia No. 2285 of 17 April 2014 - website, 02.05.2014.

Law of Georgia No. 1754 of 15 December 2017 - website, 28.12.2017.

Law of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Article 26³. Mechanisms of State Phytosanitary Control🔗

1. Inspection is a state control mechanism that includes visual examination (checking) of a plant, plant product, other phytosanitary regulated object for the purpose of detecting harmful organisms and/or establishing compliance with phytosanitary requirements, during export, import, transit and re-export, as well as in a quarantine zone:

a) verification of documents related to a plant, plant product, other phytosanitary regulated object;

b) verification of the identity and integrity of the cargo;

c) verification of the effectiveness of treatment;

d) physical inspection and, if necessary, − sampling.

2. During inspection, one or several of the types of verification provided for by paragraph 1 of this article shall be carried out together.

3. Monitoring is a long-term process of checking the phytosanitary condition and/or long-term research to check the characteristics of a harmful organism population. Monitoring includes:

a) forecasting the development of a harmful organism, timely warning of the land user about its appearance and the timeframes for carrying out phytosanitary measures;

b) sampling of pesticides and agrochemicals placed on the market;

c) research of agricultural land, non-agricultural land and forest for the purpose of determining the area of distribution of a harmful organism, establishing its harmfulness and carrying out measures against the harmful organism.

4. Supervision is a state control mechanism that includes:

a) the official process of collecting data on the presence of a harmful organism and registering a harmful organism, by means of research in a given zone, on the basis of monitoring results and other procedures, for the purpose of correcting the list of quarantine harmful organisms and specifying zones free from quarantine harmful organisms, during which the following shall be carried out:

a.a) observation of agricultural land, non-agricultural land and forest;

a.b) collection of data and survey to obtain information on the presence or absence of a quarantine harmful organism;

a.c) sampling;

a.d) observation of the treatment and destruction of a plant, plant product, other phytosanitary regulated object (including wooden packaging, packaging material);

b) verification of compliance with the requirements established by the legislation of Georgia for the storage, transportation, sale, import, packaging, use and marking of pesticides and agrochemicals.

5. Documentary verification is a state control mechanism during which, independently or together with other state control mechanisms, verification of documents related to the activity of a business operator in the field of plant protection shall be carried out.

6. Sampling is a state control mechanism carried out for the purpose of detecting harmful organisms, as well as establishing compliance of the characteristics of pesticides and agrochemicals with consumer requirements.

7. Sampling may be carried out during inspection, supervision, monitoring or independently.

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Law of Georgia No. 1754 of 15 December 2017 – website, 28.12.2017

Article 27. Annual State Control Programme and Report🔗

1. The Agency shall carry out state control in accordance with the annual risk-based state control programme, which shall be approved by Order of the Minister of Environmental Protection and Agriculture of Georgia.

2. The annual state control programme shall include the types, mechanisms and number of state controls to be carried out during the year.

3. The Agency shall annually submit to the Government of Georgia and the Ministry of Environmental Protection and Agriculture of Georgia an annual report on the results of state control, which shall contain:

a) the types of control carried out, the mechanisms for its implementation and the number thereof;

b) the number of non-compliances identified, indicating the type of violation;

c) the measures taken in response to the non-compliances identified.

Law of Georgia No. 1649 of 7 December 2017 – website, 14.12.2017

Law of Georgia No. 1754 of 15 December 2017 – website, 28.12.2017

Chapter VI. (repealed)Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 28. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 29. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 30. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 31. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 32. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 33. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 34. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 35. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 36. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Chapter VII. (repealed)Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 37. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 38. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Chapter VIII. (repealed)Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 39. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Chapter IX. (repealed)Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 40. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 41. (repealed)🔗

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014

Article 42. (removed)🔗

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 43. (removed)🔗

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 44. (removed)🔗

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 45. (removed)🔗

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 46. (removed)🔗

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Chapter X. (removed)Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 47. (removed)🔗

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Chapter XI. State registration of a veterinary preparation, pesticide and agrochemical

Article 48. State registration of a veterinary preparation🔗

1. The state registration of a veterinary preparation produced in or

imported into Georgia

shall be carried out by the Agency.

2. The production, importation, sale and use of such a veterinary preparation which is not registered in Georgia in accordance with the procedure established by the legislation of Georgia shall be prohibited, except for the cases provided for by Article 50 of this Code.

3. The regimes of admission of a veterinary preparation into the territory of Georgia are:

a) the recognition regime of state registration of a veterinary preparation, which applies to a veterinary preparation which has been admitted to the relevant market by the state regulatory authority for veterinary preparations of another country or an interstate authority designated by the Government of Georgia;

b) the national regime of state registration of a veterinary preparation, which includes the issuance by the Agency of a registration certificate on the basis of an expert examination and a registration test, and the entry of the veterinary preparation in the state register.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Article 49. State registration of a pesticide and agrochemical🔗

1. The state registration of a pesticide and/or agrochemical produced in or imported into Georgia shall be carried out by the Agency.

2. The production, importation, sale and use of such a pesticide and/or agrochemical which is not registered in Georgia in accordance with the procedure established by the legislation of Georgia shall be prohibited, except for the cases provided for by Article 50 of this Code.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Article 50. Importation of a veterinary preparation, pesticide and agrochemical into the territory of Georgia without registration🔗

Importation of a veterinary preparation, pesticide and agrochemical into the

territory of Georgia without registration

may be:

a) for experimental research;

b) for registration – in the form of a sample;

c) for an exhibition, symposium, conference, forum and congress – in the form of a sample, without the right of sale;

d) for re-export;

e) for storage in a warehouse/terminal and/or for placing into a transit commodity operation;

f) under special conditions (natural disaster, mass affliction of the population, epidemic, epizootic, threat of epizootic, exotic disease) for humanitarian purposes, as well as in the presence of other state interest, with the consent of the Ministry of Environmental Protection and Agriculture of Georgia;

g) if it is an intermediate veterinary preparation and/or an unpackaged veterinary preparation, a substance and/or raw material to be used for the manufacture of a veterinary preparation;

h) if it is a diagnostic means to be used in veterinary medicine.

Law of Georgia No. 2285 of 17 April 2014 – website, 02.05.2014.

Law of Georgia No. 1649 of 7 December 2017 – website, 14.12.2017.

Law of Georgia No. 1754 of 15 December 2017 – website, 28.12.2017.

Chapter XII. Emergency measures and crisis management plan

Article 51. Emergency measures to ensure food/animal feed safety🔗

If it is substantiated that food/animal feed poses a serious risk to human or animal health and that risk cannot be avoided by the available means and resources, the Agency shall, taking into account the gravity of the situation, adopt the following measures in accordance with the procedure established by the legislation of Georgia:

a) in relation to food/animal feed of local origin:

a.a) suspend for a certain period the placing of the food/animal feed on the market;

a.b) promptly provide the population with information on temporary abstention from the consumption of the food/animal feed;

a.c) determine special requirements in relation to food/animal feed posing a high risk identified on the basis of risk analysis;

a.d) adopt other appropriate emergency measures provided for by the legislation of Georgia;

b) in relation to imported food/animal feed:

b.a) suspend for a certain period the import of the food/animal feed from the exporting country or any part thereof, as well as, where necessary, from the transit country;

b.b) determine special requirements in relation to the exporting country, any region thereof or the transit country with respect to food/animal feed posing a high risk identified on the basis of risk analysis;

b.c) adopt other appropriate temporary emergency measures provided for by the legislation of Georgia.

Article 52. Crisis management plan🔗

1. The Agency shall develop a crisis management plan in the fields of food/animal feed safety, veterinary and plant protection and submit it to the Ministry of Environmental Protection and Agriculture of Georgia for approval.

2. The crisis management plan shall specifically determine the level of risk whose prevention, elimination or reduction to an acceptable level is associated with certain difficulties.

3. The crisis management plan shall specifically determine the list of actions and measures necessary for managing the crisis, including the establishment of a crisis management group, the observance of the principles of transparency and proportionality and the provision of appropriate information to consumers.

4. During a crisis, a crisis management group shall be established, in the work of which, if necessary, representatives of scientific circles shall participate for the provision of scientific consultations.

5. The crisis management group shall be tasked with collecting and assessing all available information and identifying various options for action, so that the risks of impact on human and animal life and health, plant health and the environment are eliminated, reduced and prevented in a timely and effective manner.

6. The crisis management group shall be entitled to apply to any person for assistance whose knowledge and experience are necessary for the effective regulation of the crisis.

Law of Georgia No. 2285 of 17 April 2014 - website, 02.05.2014

Law of Georgia No. 1649 of 7 December 2017 – website, 14.12.2017

Chapter XIII. Veterinary quarantine and plant quarantine

Article 53. Veterinary quarantine🔗

1. Veterinary

quarantine

shall be established

quarantine

disease

in the event of the occurrence

its

spread

prevention

for the purpose.

2. Veterinary quarantine

shall be declared

quarantine

disease

detection

in the event.

3. In a defined territory where a quarantine disease of animals included in the list approved by the legislation of Georgia is detected, compulsory quarantine shall be established immediately for the quarantine period established for the respective disease.

4. The period of prophylactic quarantine for an imported animal

is not more than

30 days, and

export

for an animal −

not more than

21

days, unless otherwise provided by the importing country. The rule of prophylactic quarantine shall be determined by a Resolution of the Government of Georgia.

Law of Georgia No. 2285 of 17 April 2014 - website, 02.05.2014

Article 54. Plant Quarantine🔗

1. Plant quarantine on the territory of Georgia shall be carried out taking into account the requirements of the International Plant Protection Convention (IPPC) and the International Standards for Phytosanitary Measures (ISPM).

2. The main tasks of plant quarantine are:

a) protection of the territory of Georgia from the introduction and spread of quarantine pests from other countries;

b) timely detection of introduced quarantine pests and organisation of the localisation and elimination of foci of spread, as well as exercising control over the implementation of these measures;

c) ensuring phytosanitary certification of plants, plant products and other phytosanitary regulated objects.

3. Plant quarantine applies to:

a) seeds and planting material of agricultural, forestry and ornamental crops, plants and their parts, as well as any plant products and other phytosanitary regulated objects that may become a carrier of a quarantine pest;

b) fungi and their cultures, bacteria, viruses, nematodes, mites and insects;

c) insect collections, causative agents of diseases and samples, as well as herbaria and seed collections;

d) means of transport entering Georgia;

e) agricultural machinery and implements, tare and packaging;

f) the territories and buildings of those institutions and organisations that prepare, process and store plant products and carry out their sale, as well as lands of agricultural and non-agricultural designation, forests, household and summer cottage plots.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 55. Veterinary quarantine and plant quarantine🔗

imposition

and

removal

1. Upon detection of a quarantine pest and a communicable disease, the defined territory shall be declared a quarantine zone.

2. On the territory of Georgia, veterinary quarantine and plant quarantine, except for the preventive quarantine provided for by paragraph 4 of Article 53 of this Code, shall be imposed and lifted on the basis of a request of the Agency:

a) within the administrative boundaries of a municipality − by the State Representative;

b) within the administrative boundaries of more than one municipality − by the State Representative in these municipalities or by the Government of Georgia.

3. The procedure for carrying out quarantine measures shall be determined by a Resolution of the Government of Georgia.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Law of Georgia of 20 September 2018 No. 3460 – website, 09.10.2018.

Law of Georgia of 15 July 2020 No. 6936 – website, 28.07.2020.

Article 56. (removed)🔗

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 57. Food/animal feed safety, veterinary and phytosanitary border control at the customs border of Georgia🔗

1. When implementing the procedures provided for by the Customs Code of Georgia related to the movement of goods across the customs border of Georgia, before the release of foreign goods, food/animal feed safety, veterinary and phytosanitary border control in the control zone provided for by the Customs Code of Georgia shall be carried out by the Service on the basis of the rules established by the Food and Agriculture Organization of the United Nations (FAO), the International Plant Protection Convention (IPPC) and the World Organisation for Animal Health (OIE) and the policy defined by the Ministry of Environmental Protection and Agriculture of Georgia.

2. The importation of goods subject to border control across the customs border of Georgia shall be permitted with the relevant certificate issued for such goods by the competent authority of the exporting country and, where necessary, with the permit of the Agency or the Service.

3. The movement of goods subject to border control across the customs border of Georgia shall be subject to border control.

4. Goods subject to border control that do not comply with the import requirements established by the legislation of Georgia shall be subject to return to the exporting country or treatment (if it is subject to disinfection), or processing or destruction at the owner's expense.

5. Food/animal feed intended for export, as well as goods subject to veterinary control and phytosanitary control, shall meet the requirements of the importing country, for which the Service or the Agency issues hygienic, veterinary and phytosanitary certificates.

Law of Georgia of 7 December 2017 No. 1649 – website, 14.12.2017.

Law of Georgia of 28 June 2019 No. 4933 - website, 04.07.2019.

Chapter XIII¹. Export-import and re-export of food/animal feed, animal, plant, animal and plant products, veterinary preparation, pesticide, agrochemicalLaw of Georgia of 17 April 2014 No. 2285 - website, 02.05.2014.

Article 57¹. Export-import and re-export requirements🔗

1. Food/animal feed, animals, plants, animal products, plant products, veterinary preparations, pesticides and agrochemicals intended for export shall meet the requirements of the importing country. For the said export, the Agency or the Service shall issue hygiene, veterinary and phytosanitary certificates, while the Legal Entity of Public Law − the National Wine Agency shall issue a certificate of conformity for alcoholic beverages, ethyl alcohol of agricultural origin and distillate of agricultural origin.

2. Food/animal feed, animals, plants, animal and plant products imported into Georgia, as well as products subject to veterinary control and phytosanitary control, shall comply with the requirements defined by the legislation of Georgia.

3. Animals to be brought into the territory of Georgia, plants to be imported, animal and plant products, as well as products subject to veterinary control and phytosanitary control, shall comply with the requirements defined by the legislation of Georgia.

4. Food/animal feed, animals, plants, animal and plant products re-exported from Georgia, as well as products subject to veterinary control and phytosanitary control, shall comply with the requirements established by this Code, except where otherwise required by the recipient country.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Title III. General Rule of Conduct of an Authorised Person
Chapter XIV. General Rule of Conduct of an Authorised Person and Principles of Action

Article 58. Purpose and Scope of the General Rule of Conduct of an Authorised Person🔗

1. The purpose of the general rule of conduct of an authorised person is to establish the general principles governing his/her conduct in the performance of official powers.

2. For certain categories of authorised persons, a special rule of conduct may apply, in compliance with the general rule of conduct established by this Chapter.

3. The heads of the Agency and of the controlling body shall ensure the accessibility of the general rule of conduct of an authorised person and its familiarisation to the authorised persons subordinate to them.

4. An authorised person shall comply with the general rule of conduct.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 59. Basic principles of exercising state control by an authorised person🔗

1. The exercise of state control by an authorised person shall be based on the following basic principles:

a) professional independence – state control shall be exercised independently of the influence of interested groups;

b) objectivity – during the preparation of conclusions, assessments, recommendations and/or other relevant documentation as a result of the exercise of state control, reliability and impartiality shall be ensured;

c) reliability – state control shall be exercised correctly, accurately and consistently, in accordance with the procedure established by the legislation of Georgia;

d) confidentiality – the confidentiality of any information relating to a business operator that was collected for the purpose of exercising state control shall be protected, including information which may damage the reputation of the business operator related to his/her entrepreneurial activity. It shall be prohibited to use this information for non-professional purposes or to unlawfully disclose it;

e) good faith – an authorised person shall exercise professional activity in good faith. His/her relations with a business operator shall be fair and impartial, which shall become the basis for building trust on the part of the business operator towards the body exercising state control.

2. The requirement of subparagraph „d“ of paragraph 1 of this article shall not apply to a case where it is confirmed that food/animal feed placed on the market is dangerous to human life.

Article 60. Duties and responsibility of an authorised person🔗

1. Within the scope of his/her competence, an authorised person shall be obliged to:

a) ensure, in a timely and complete manner, the exercise of state control over the safety of food/animal feed in order to ensure animal health and plant protection;

b) comply accurately and strictly with the requirements of the legislation of Georgia, including this Code;

c) use his/her official authority and the certificate, symbols and other means of identification confirming official authority in good faith, only for official purposes and not for obtaining any advantage;

d) avoid any action which damages the reputation of him/her personally or of his/her service;

e) exercise state control in accordance with the instructions given.

2. When performing duties in accordance with paragraph 1 of this article, an authorised person shall, upon the request of any person in connection with the relevant action, present the certificate confirming his/her official authority.

3. An authorised person shall be liable, in accordance with the legislation of Georgia, for the failure to perform the obligations provided for by this article.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Article 61. Confidentiality of Information🔗

1. An authorised person shall not disseminate dubious, unverified and/or false information.

2. An authorised person shall take the necessary measures to ensure the confidentiality of information established by the legislation of Georgia.

3. It is prohibited for an authorised person to disclose information related to entrepreneurial activity obtained as a result of the state control exercised, without the prior written consent of the head of the business operator or of a person authorised to represent [the business operator], except for the cases established by the legislation of Georgia. This rule shall apply also after the dismissal of the authorised person from service.

4. In relation to the restriction of the public accessibility of information, an authorised person shall be guided by the criteria determined by the legislation of Georgia. In case of necessity, he/she shall immediately raise the issue of restricting the public accessibility of this information in the manner established by the legislation of Georgia.

Law of Georgia of 15 December 2017 No. 1754 – website, 28.12.2017.

Article 62. Conflict of Interest🔗

1. An authorised person

is independent of interested parties

in professional

activity, assessment

and

decision

making.

2. An authorised person shall not have a family relationship or other business relationship with the business operator whose control he/she exercises. The head of the controlling body and the head of the business operator or a person authorised to represent [the business operator] may not have a common economic interest.

3. An authorised person shall not carry out other such activity as may influence his/her independence and impartiality in decision-making.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Title IV. LiabilityLaw of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.
Chapter XV. LiabilityLaw of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Article 63. Grounds of liability🔗

1. For violation of the requirements existing in the fields of food/animal feed safety, veterinary and plant protection, the liability of a person shall be determined by this Code, the Code of Georgia on Administrative Offences and the Law of Georgia “On Labelling of Genetically Modified Organisms Intended for Food/Animal Feed and Genetically Modified Products Derived Therefrom”.

2. In case of violation of a requirement established by this Code, the authorized person of the Agency shall have the right to consider the case of an administrative offence and to impose an administrative penalty on the offender.

3. If a person has committed several administrative offences which are considered simultaneously by one and the same authorized person of the Agency, the offender shall be imposed an administrative penalty within the framework of the sanction which provides for a larger amount of fine. If for the commission of any administrative offence, along with a fine, another administrative penalty is also established, this penalty shall also be applied together with the larger amount of fine.

4. In case of violation of a requirement established by this Code, the authorized person of the Agency shall draw up a fine receipt/electronic fine receipt in respect of the offender, which at the same time constitutes a record of the administrative offence.

5. The form of the fine receipt/electronic fine receipt provided for by this Code, and the procedure for its completion and submission shall be approved by the Minister of Environmental Protection and Agriculture of Georgia.

6. In case of detection of signs of a crime in the act of the offender, the materials of the administrative offence case shall be immediately sent to the relevant investigative body. In case of termination of criminal prosecution and/or investigation, if the act of the offender contains signs of an administrative offence provided for by this Chapter, on the basis of an order of the Head of the Agency, the authorized person of the Agency may impose an administrative penalty on the offender no later than 1 month from the adoption of the decision on termination of criminal prosecution and/or investigation.

7. An administrative offence provided for by this Code shall be considered as committed repeatedly if the person committed the same act within 12 months from the detection of the previous offence. At the same time, an administrative offence provided for by this Code shall not be considered as committed repeatedly if the person committed the offences provided for by the relevant article on the same day, at territorially separate facilities.

8. For the commission of one and the same administrative offence provided for by this Code, a person may not be imposed different administrative penalties defined by the same Code or be imposed an administrative penalty repeatedly.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Article 64. Public notice🔗

1. A fine receipt shall be sent by post or delivered in person to the person committing the act provided for by this Chapter, at the address of the place of registration.

2. If the fine receipt could not be delivered to the person specified by paragraph 1 of this Article at the place of fining or at the address of the place of registration, the person delivering the fine receipt shall make an appropriate note on the postal item and return the fine receipt to the post office. The fine receipt shall be sent again to the said person at the same address not earlier than the 30th day and not later than the 60th day after its return to the post office.

3. The fine receipt shall be considered delivered to the person specified by paragraph 1 of this Article if that person or any adult member of his/her family living with him/her at the address of the place of registration of that person refuses for the second time to accept the fine receipt sent by post upon its delivery.

4. In the event of repeated non-delivery of the fine receipt sent by post, the Agency shall ensure the public publication of the fine receipt on its official website (www.nfa.gov.ge). The fine receipt shall be considered delivered to the person specified by paragraph 1 of this Article on the 30th day after public publication.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Article 65. Carrying out of an activity by a person without registration as a business operator and/or recognition as a business operator🔗

1. Carrying out of an activity by a person without the registration provided for by paragraph 1 of Article 13 of this Code shall result in the imposition of a fine on a business operator with the status of a small business in the amount of GEL 100 and suspension of the activity, and the imposition of a fine on another business operator in the amount of GEL 500 and suspension of the activity.

2. Carrying out of an activity by a person in violation of the requirement of paragraph 1¹ of Article 13 of this Code shall result in a warning to the person, while a repeat of the said violation shall result in the imposition of a fine on the person in the amount of GEL 500.

3. Carrying out of an activity by a person without the recognition provided for by paragraph 3 of Article 13 of this Code shall result in the imposition of a fine on a business operator with the status of a small business in the amount of GEL 500 and suspension of the activity, and the imposition of a fine on another business operator in the amount of GEL 1,000 and suspension of the activity.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Article 66. Liability for committing offences in the field of food/animal feed safety🔗

1. In the event of detection, during the exercise of control of food/animal feed safety, of such non-compliance as does not pose a high risk to human and/or animal life and health and the reduction to an appropriate level or elimination of which is possible without temporary suspension of a specific production process, failure to comply with an instruction issued by an authorised person shall result in the imposition of a fine on a business operator with small business status in the amount of GEL 200, and the imposition of a fine on another business operator in the amount of GEL 500.

2. In the event of detection of the non-compliance provided for by paragraph 1 of this Article, failure to comply, within a new reasonable period, with an instruction issued by an authorised person shall result in the imposition of a fine on the business operator in the amount of GEL 1,000 and suspension of the specific production process.

3. Detection, during the exercise of control of food/animal feed safety, of such non-compliance as poses a high risk to human and/or animal life and health and the reduction to an appropriate level or elimination of which is impossible without temporary suspension of a specific production process shall result in the imposition of a fine on the business operator in the amount of GEL 1,000 and suspension of the specific production process until the non-compliance is eliminated.

4. Repeated commission of the act provided for by paragraph 3 of this Article shall result in the imposition of a fine on the business operator in the amount of GEL 5,000 and suspension of the specific production process until the non-compliance is eliminated.

5. Failure to comply with an instruction of the Agency related to the temporary suspension of a specific production process, the prohibition of placing food/animal feed on the market and/or the withdrawal or destruction of food/animal feed placed on the market shall result in the imposition of a fine on the business operator in the amount of GEL 5,000.

6. Violation of the rules for providing information about food to consumers shall result in the imposition of a fine on a business operator with small business status in the amount of GEL 200, and the imposition of a fine on another business operator in the amount of GEL 500.

7. Repeated commission of the act provided for by paragraph 6 of this Article shall result in the imposition of a fine on the business operator in the amount of GEL 1,000.

8. Providing to consumers information about food for special nutritional purposes or infant feeding products and children's feeding products that may create a misleading impression for the consumer as to the true nature, composition, properties or other characteristics of this food or these products shall result in the imposition of a fine on a business operator with small business status in the amount of GEL 1,000, and the imposition of a fine on another business operator in the amount of GEL 3,000.

9. Repeated commission of the act provided for by paragraph 8 of this Article shall result in the imposition of a fine on the business operator in the amount of GEL 5,000 and suspension of activity.

10. Violation of the rules for labelling animal feed shall result in the imposition of a fine on a business operator with the status of a small business in the amount of GEL 200, and the imposition of a fine on another business operator in the amount of GEL 500.

11. Avoidance by a business operator of sending the Agency the mandatory written notification on the withdrawal from the market of food/animal feed placed on the market and on the measures taken for that purpose shall result in the imposition of a fine on the business operator in the amount of GEL 200.

Law of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Article 67. Placing expired food/animal feed on the market🔗

1. Placing expired food/animal feed on the market shall result in the imposition of a fine on a business operator with the status of a small business in the amount of GEL 200, the imposition of a fine on another business operator in the amount of GEL 500, and the prohibition of placing expired food/animal feed on the market and/or the withdrawal of such food/animal feed placed on the market.

2. Repeat commission of the act provided for by paragraph 1 of this Article shall result in the imposition of a fine on the business operator in the amount of GEL 3,000 and the prohibition of placing expired food/animal feed on the market and/or the withdrawal of such food/animal feed placed on the market.

Law of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Article 68. Production and packaging of infant food products and child food products without a licence🔗

Production and packaging of infant food products and child food products without a licence shall result in the imposition of a fine on the business operator in the amount of GEL 2,000 and the suspension of the activity.

Law of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Article 69. Responsibility for committing offences in the field of veterinary medicine🔗

1. During the implementation of veterinary control, in the event of detection of such non-compliance related to the carrying out of veterinary activity and the realization of animals, which does not pose a high risk to human and/or animal life and health and which can be reduced to the proper level or eliminated without temporary suspension of the activity related to the detected non-compliance, failure to comply with an instruction issued by an authorized person shall result in the fining of a business operator with small business status in the amount of 200 GEL, the fining of another business operator in the amount of 500 GEL.

2. In the event of detection of the non-compliance provided for by paragraph 1 of this article, failure to comply with the instruction issued by the authorized person within a new reasonable period shall result in the fining of the business operator in the amount of 1,000 GEL.

3. During the implementation of veterinary control, the detection of such non-compliance related to the carrying out of veterinary activity and the realization of animals, which poses a high risk to human and/or animal life and health and which cannot be reduced to the proper level or eliminated without temporary suspension of the activity related to the detected non-compliance, shall result in the fining of the business operator in the amount of 1,000 GEL and the suspension of the activity related to the detected non-compliance until the non-compliance is eliminated.

4. Failure to comply with the Agency's instruction related to the temporary suspension of the activity provided for by paragraph 3 of this article shall result in the fining of the business operator in the amount of 5,000 GEL.

5. Repeated commission of the act provided for by paragraph 3 of this article shall result in the fining of the business operator in the amount of 5,000 GEL and the suspension of the activity until the non-compliance is eliminated.

6. Failure to comply with the Agency's instructions for the implementation of anti-contagious disease, preventive and liquidation measures shall result in the fining of a business operator with small business status or a family production subject in the amount of 200 GEL, the fining of another business operator in the amount of 500 GEL.

7. Repeated commission of the act provided for by paragraph 6 of this article shall result in the fining of the person in the amount of 1,000 GEL.

8. Obstructing the Agency in the implementation of anti-contagious disease, preventive and liquidation measures shall result in the fining of a business operator with small business status or a family production subject in the amount of 200 GEL, the fining of another business operator in the amount of 500 GEL.

9. Failure to comply with the Agency's instructions related to the prohibition of the movement of an infected/diseased and/or such animal in respect of which there is a suspicion that it is infected/diseased, shall result in the fining of a business operator with small business status or a family production subject in the amount of 1,000 GEL, the fining of another business operator in the amount of 5,000 GEL.

10. Violation of the requirements of the rules of prophylactic quarantine, namely:

a) In the case of import, failure to place an animal in quarantine and/or violation of the quarantine placement period shall result in the imposition of a fine on the person in the amount of GEL 5,000;

b) In the case of import or export, failure to notify the Agency of the unsatisfactory health condition of an animal placed in quarantine, removal of an animal from the holding facility before the expiry of the quarantine period, or introduction of another animal into the holding facility shall result in the imposition of a fine on the person in the amount of GEL 4,000;

c) Violation of any other requirement of the prophylactic quarantine rules shall result in the imposition of a fine on the person in the amount of GEL 500.

Law of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Article 70. Liability for the commission of offences related to a veterinary preparation and a substance subject to special control🔗

1. The use and/or placing on the market of an unregistered, expired and/or unusable veterinary preparation shall result in the imposition of a fine on the business operator in the amount of GEL 1,000.

2. Failure to comply with an instruction of the Agency related to the prevention of the placing on the market of an unregistered, expired and/or unusable veterinary preparation and/or the withdrawal of such a veterinary preparation placed on the market shall result in the imposition of a fine on the business operator in the amount of GEL 2,000.

3. Evasion of the sending to the Agency of the mandatory written notification on the recall from the market of a veterinary preparation placed on the market and on the measures taken for that purpose shall result in the imposition of a fine on the business operator in the amount of GEL 200.

4. Violation of the rules for the labelling of a veterinary preparation shall result in the imposition of a fine on a business operator having the status of a small business in the amount of GEL 200, and the imposition of a fine on another business operator in the amount of GEL 500.

5. The repeated commission of the act provided for by paragraph 4 of this Article shall result in the imposition of a fine on the business operator in the amount of GEL 1,000.

6. The carrying out of activities without the relevant registration of the activity by a veterinary service using a pharmaceutical product subject to special control and by a service carrying out animal catching activities shall result in the imposition of a fine on the business operator in the amount of GEL 1,000.

7. The use by a veterinary service and by a service carrying out animal catching activities of an expired pharmaceutical product subject to special control and of a medicinal product equated with a pharmaceutical product subject to special control shall result in the imposition of a fine on the business operator in the amount of GEL 1,000.

8. The repeated commission of the act provided for by paragraph 7 of this Article shall result in the imposition of a fine on the business operator in the amount of GEL 2,000.

Law of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Article 71. Violation of the rules for identification-registration of animals and registration of their holding/temporary holding🔗

1. In the event of violation of the rules for identification-registration of animals and registration of their holding/temporary holding, failure to comply with an instruction issued by an authorized person of the Agency shall result in fining a business operator with small business status or a family production entity in the amount of 100 GEL, fining another business operator in the amount of 500 GEL.

2. Movement of an animal without the relevant document shall result in fining a business operator with small business status or a family production entity in the amount of 500 GEL, fining another business operator in the amount of 1,000 GEL.

Law of Georgia No. 975 of 2 November 2021 – website, 5 November 2021.

Article 72. Liability for the commission of offences in the field of plant protection🔗

1. Failure to comply with instructions issued by an authorized person of the Agency in the event of violation of the rules for the production, packaging, packing, importation, storage, transportation and/or sale of pesticides and agrochemicals shall entail a fine of GEL 200 on a business operator with small business status, and a fine of GEL 500 on another business operator.

2. The repeated commission of the act provided for by paragraph 1 of this Article shall entail a fine of GEL 1,000 on a business operator.

3. Placing on the market of an unregistered, expired, or substandard pesticide or agrochemical shall entail a fine of GEL 2,000 on a business operator with small business status, and a fine of GEL 4,000 on another business operator.

4. The repeated commission of the act provided for by paragraph 3 of this Article shall entail a fine of GEL 4,000 on a business operator with small business status, and a fine of GEL 8,000 on another business operator.

5. Violation of the labelling rules for pesticides and agrochemicals shall entail a fine of GEL 200 on a business operator with small business status, and a fine of GEL 500 on another business operator.

6. The repeated commission of the act provided for by paragraph 5 of this Article shall entail a fine of GEL 1,000 on a business operator.

7. Failure to comply with instructions issued by an authorized person in the event of violation of the rules for the use of pesticides and agrochemicals shall entail a fine of GEL 200 on a business operator with small business status or a family production entity, and a fine of GEL 500 on another business operator.

8. Failure to comply with an instruction of an authorized person of the Agency related to the prevention of the placing on the market of an unregistered, expired, or substandard pesticide or agrochemical and/or the withdrawal from the market of such pesticide or agrochemical placed on the market shall entail a fine of GEL 2,000 on a business operator.

9. Export, import, placing on the market, or use of a prohibited or severely restricted pesticide without informed consent shall entail a fine of GEL 3,000 on a person.

10. Failure to comply with the Agency's instructions issued for the prevention of the mass spread of harmful organisms and within the framework of plant quarantine shall entail a fine of GEL 100 on a family production entity, and a fine of GEL 500 on a business operator.

Law of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Article 73. Failure to comply with a requirement related to traceability of food/animal feed🔗

Failure to comply with a requirement related to traceability of food/animal feed shall entail a fine of GEL 200 on a business operator.

Law of Georgia No. 975 of 2 November 2021 – website, 05.11.2021.

Article 73¹. Violation of the rules for the donation and redistribution of food🔗

1. Carrying out charitable activity with food without the authorisation provided for by the Law of Georgia “On Reducing Food Losses and Food Waste and on Food Donation” shall result in the imposition of a fine on the business operator in the amount of GEL 500. 2. Repeated commission of the act provided for by paragraph 1 of this Article shall result in the imposition of a fine on the business operator in the amount of GEL 1,000.

Law of Georgia of 4 October 2023 No. 3550 – website, 24 October 2023.

Article 74. Obstruction of the Exercise of State Control🔗

Refusal to cooperate with an authorised person exercising state control, or otherwise obstructing such person in the exercise of his/her powers, including failure, within the scope of a documentary inspection, to provide the documents requested by him/her, shall result in the imposition of a fine on a family production entity in the amount of GEL 200, and on another business operator in the amount of GEL 500.

Law of Georgia of 2 November 2021 No. 975 – website, 5 November 2021.

Title V. Transitional and Final Provisions
Chapter XVI. Transitional and Final Provisions

Article 75. Transitional Provisions🔗

1. Within 3 years from the entry into force of this Code, the Government of Georgia shall ensure the compliance of the normative acts existing in the fields of food/animal feed safety, veterinary and plant protection with this Code.

2. The normative acts regulating the fields of food/animal feed safety, veterinary and plant protection shall be adopted by the Government of Georgia.

3. Within 1 year from the entry into force of this Code, the Government of Georgia shall adopt:

a) the Resolution "On Bioproduction";

b) (removed - 17.04.2014, No. 2285).

3¹. (removed - 24.06.2016, No. 5568).

3². By 1 January 2019, the Government of Georgia shall adopt the following resolutions:

a) on the rules for the recognition of a business operator whose activity is related to products of animal origin not intended for food and to secondary products not intended for human consumption;

b) on the rules for the recognition of a business operator whose activity is related to the field of plant protection.

33. The Government of Georgia:

a) by 1 April 2022 shall approve:

a.a) the rules for the monitoring, documentary verification and sampling of the production and processing of spirits, ethyl alcohol of agricultural origin and distillate of agricultural origin;

a.b) the rules for the certification of spirits, ethyl alcohol of agricultural origin and distillate of agricultural origin;

b) by 1 September 2023 shall determine:

b.a) the professional competencies of a veterinarian and a veterinary technician;

b.b) the rules and conditions for conducting the state certification examination for the activity of a veterinarian and a veterinary technician and for their professional development.

4. If, during inspection, a non-compliance of the system based on the principles of traceability and hazard analysis and critical control points (HACCP) with the requirements of this Code is detected, the authorised person shall issue only recommendations for its correction. The detection of the said non-compliance shall not result in a fine under Article 68 of this Code until 1 January 2015.

5. A violation of paragraph 1 of Article 64 of this Code shall not result in a fine of a person until 1 January 2015, except for a person whose activity is related to the production, processing and distribution of food/animal feed.

6. Of paragraph 3 of Article 13 of this Code:

a) the activity of a business operator provided for by subparagraph "b" and/or subparagraph "c" without recognition shall not result in a fine thereof under paragraph 3 of Article 64 of this Code until 1 January 2020;

b) the activity of a business operator provided for by subparagraph "d" without recognition shall not result in a fine thereof under paragraph 3 of Article 64 of this Code until 1 January 2019.

7. A violation of paragraph 3 of Article 18 of this Code shall not result in a fine under Article 74¹ of this Code until 1 August 2014.

8. The Government of Georgia shall ensure, by 1 January 2017, that the legal acts of the Government of Georgia regulating the rules and norms for the use of food additives comply with European Union (EC) No 1333/2008 Regulation.

9. The Ministry of Environmental Protection and Agriculture of Georgia shall determine, by 1 June 2022, the criteria for the selection of national reference laboratories.

Law of Georgia of 21 December 2012 No. 144 – website, 30.12.2012.

Law of Georgia of 17 April 2014 No. 2285 – website, 02.05.2014.

Law of Georgia of 24 June 2016 No. 5590 – website, 12.07.2016.

Law of Georgia of 24 June 2016 No. 5568 – website, 13.07.2016.

Law of Georgia of 15 December 2017 No. 1754 – website, 28.12.2017.

Law of Georgia of 2 November 2021 No. 975 – website, 05.11.2021.

Article 76. Final provisions🔗

1. Upon the entry into force of this Code, the following normative acts shall be declared invalid:

a) Law of Georgia of 27 December 2005 "On Food Safety and Quality" (Legislative Herald of Georgia, No. 4, 18.01.2006, Art. 30);

b) Law of Georgia of 14 June 1995 "On Veterinary" (Bulletin of the Parliament of Georgia, 1994−1995, Nos. 27−30, Art. 635);

c) Law of Georgia of 12 October 1994 "On the Protection of Plants from Harmful Organisms" (Bulletin of the Parliament of Georgia, 1994, Nos. 21−22, Art. 450);

d) Law of Georgia of 15 May 1997 "On Agricultural Quarantine" (Parliamentary Bulletin, No. 23-24, 7 June 1997, p. 12).

2. The Government of Georgia shall be instructed to declare invalid those normative acts existing in the fields of food/animal feed safety, veterinary and plant protection whose compliance with this Code is not ensured within 3 years from the entry into force of this Code.

3. This Code, except for Article 67 of this Code, shall enter into force on the 15th day after publication.

4. Until 1 January 2020, the food/animal feed safety control provided for by this Code and the liability related thereto shall not apply to the activities of a natural person provided for by subparagraph „x“ of Article 2 of this Code, except for an individual entrepreneur and a natural person having the status of micro business provided for by the Tax Code of Georgia.

4¹. Until 1 January 2020, the requirements of paragraphs 1 and 1¹ of Article 13 of this Code and the liability related thereto shall not apply to the activities of a natural person provided for by subparagraph „x“ of Article 2 of this Code, except for an individual entrepreneur and a natural person having the status of micro business provided for by the Tax Code of Georgia.

5. Article 67 of this Code shall enter into force from 31 December 2014.

Law of Georgia of 21 December 2012 No. 144 - website, 30.12.2012.

Law of Georgia of 27 December 2013 No. 1915 - website, 30.12.2013.

Law of Georgia of 17 April 2014 No. 2285 - website, 02.05.2014.

Law of Georgia of 24 June 2016 No. 5568 - website, 13.07.2016.

President of Georgia M. Saakashvili

Tbilisi,

8 May 2012.

No. 6155-Is