RESOLUTION
On the Implementation of the Automated Information System “State Register of Bottled Natural Mineral Water, Table Water and Soft Drinks”
No. 934 of 15.08.2007
Official Gazette of the Republic of Moldova “Monitorul Oficial” no. 131-135/970 of 24.08.2007
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To improve the quality controls in respect of the bottled natural mineral water, table water and soft drinks, the Government hereby
RESOLVES:
1. To develop and implement the automated information system “State register of bottled natural mineral water, table water and soft drinks”.
2. The customer ordering the automated information system “State register of bottled natural mineral water, table water and soft drinks” shall be the Ministry of Health represented by the National Research and Implementation Center of Preventive Medicine, an organization within the Ministry’s jurisdiction; the Ministry of Informational Development jointly with certain organizations within its jurisdiction shall be the General Contractor.
3. To approve:
- Sanitary norms for the use and distribution of natural mineral water - as per Appendix 1;
- Sanitary norms for the quality of table water - as per Appendix 2;
- Regulations on soft drinks - as per Appendix 3;
- Regulations on medicinal mineral water - as per Appendix 4;
- Regulations on the procedures for the marking of bottled mineral water, table water and soft drinks with the National Trademark stamps- as per Appendix 5.
4. To make the Ministry of Informational Development and the National Research and Implementation Center of Preventive Medicine responsible for the development and implementation by October 1, 2007 of the automated information system “State register of bottled natural mineral water, table water and soft drinks”, which system shall use the State Trademark stamps.
The Ministry of Informational Development and organizations within its jurisdiction shall ensure the production of the State Trademark stamps against contracted fees according to contract(s) concluded with the Main State Fiscal Inspectorate and the National Research and Implementation Center of Preventive Medicine.
The proceeds from sale of the State Trademark stamps shall be used to fund the development, implementation and operation of the automated information system “State register of bottled natural mineral water, table water and soft drinks”.
5. To decide that, starting on January 1, 2008 any bottled natural mineral water, table water or soft drink produced, imported and distributed in Moldova must be marked with the State Trademark stamps, which are made available against the established fee in compliance with the Regulations on the procedures for marking of bottled natural mineral water, table water and soft drinks with the State Trademark stamps.
6. To ban starting on January 1, 2008 the entrance of bottled natural mineral water, table water and soft drinks not marked with the State Trademark stamps in the customs territory of Moldova.
7. The National Research and Implementation Center of Preventive Medicine and the Ministry of informational development (jointly with organizations within its jurisdiction) shall develop and implement by October 1, 2007 the mechanism for quality monitoring of bottled natural mineral water, table water and soft drinks subject to marking with the State Trademark stamps, using for the purpose the web-page www.moldapa.md .
8. The National Research and Implementation Center of Preventive Medicine, the Main State Fiscal Inspectorate and the Ministry of informational development shall ensure the development and approval of technical specifications for the State Trademark stamps by October 1, 2007.
9. To make the National Research and Implementation Center of Preventive Medicine responsible for the following functions:
- Maintenance of the automated information system “State register of bottled natural mineral water, table water and soft drinks”;
- Administration of the web-page www.moldapa.md designed for the collection of information on the bottled natural mineral water, table water and soft drinks intended to be circulated at the Moldovan market;
- Ensuring of the development of the national databases with information on the registered natural mineral water springs and table water springs, circulation of the produced, exported and imported bottled natural mineral water, table water and soft drinks;
- gathering, accumulation, updates and analysis of data on the entities licensed to extract minerals and/or produce and bottle mineral and natural table water as well as holders of sanitary authorizations to operate as producers of bottled natural mineral water, table water and soft drinks (register of the relevant companies);
- Ensuring of the objectivity of reports on checks and inspections of mineral water springs, bottlers of natural mineral water and table water, producers and bottlers of soft drinks;
- Provision of comprehensive and veritable information to the public administration authorities in line with the basic principles for the implementation of the automated information system “State register of bottled natural mineral water, table water and soft drinks”;
- Collection of the information regarding the market circulation and turnover of bottled natural mineral water, table water and soft drinks from individuals and entities producing, importing, exporting and placing the above products at the market.
10. The Main State Fiscal Inspectorate shall ensure:
- Transfer of the funds provided for in the 2008 cost estimate and required to produce the State Trademark stamps and to develop the automated information system “State register of bottled natural mineral water, table water and soft drinks” to the entity appointed by the Ministry of informational development in compliance with the law and recovery of the respective funds during 2008 from the proceeds from sale of the State Trademark stamps;
- Acceptance, reporting, distribution and sales in respect of the State Trademark stamps;
- Transfer of the information regarding the distribution and sales of the State Trademark stamps to the National Research and Implementation Center of Preventive Medicine, such information to be transferred in the established format and following the established procedures.
11. Individuals and entities producing or importing bottled water and soft drinks as well as individuals and entities acquiring bottled water and soft drinks from entities, which have no fiscal relationships with the state budget system of Moldova, and placing bottled natural mineral water, table water and soft drinks at the market shall submit the information regarding the turnover of bottled natural mineral water, table water and soft drinks to National Research and Implementation Center of Preventive Medicine, such information to be transferred within the terms established by the Center and in the established format.
12. The Main State Fiscal Inspectorate, the Ministry of informational development and the National Research and Implementation Center of Preventive Medicine shall develop the Action plan for the implementation of this Resolution and approve such plan by their joint order.
13. The Ministry of Health shall be responsible for monitoring of the implementation of this Resolution.
Prime Minister / Vasile TarlevCountersigned by:
The First Deputy Prime Minister / Zinaida Greciani
Minister of Health / Ion Ababii
Minister of Information Development / Vladimir Molojon
Minister of Finance / Mihail Pop
Chisinau, August 15, 2007
No. 934.
Appendix 1
To Government Resolution
No. 934 of August 15, 2007
SANITARY NORMS
regarding the Use and Distribution of Natural Mineral Water
I. General
1. The Sanitary Norms for the Use and Distribution of Natural Mineral Water (further ‘the Norms’) have been developed in compliance with STAN 108-1981 and based on the Council Directive 80/777/ЕС of 15 July 15 1980 on the approximation of the laws of the member states concerning the use and distribution of natural mineral water, as published in OJ L 229, 30.08.1980 (Directive as last amended by Directive 1.276/80/ЕС of 22 December 1980, published in OJ L 375, 31.12.1980), Directive 7/85/ЕС of 19 December 1984, as published in OJ L 2, 03.01.1985, Directive 70/96/ЕС of 28 October 1996, as published in OJ L 299, 23.11.1996 and Directive 40/2003/ЕС of 16 May 2003 concerning the list of admissible concentrations, criteria for labeling of the natural mineral water composition as well as conditions for the use of ozone-enriched air for treatment of natural mineral water and spring water, as published in OJ L 126, 22 .05.2003.
2. These Norms shall apply to domestically extracted or imported water, acknowledged by a competent authority as natural mineral water in compliance with the requirements of Schedule 1 hereto. The Norms shall specify the components (composition) of the natural mineral water, which can be potentially dangerous for human health, their maximum admissible concentrations, the deadline for the implementation of such maximum admissible values and the requirements regarding the labeling in respect of certain components. Such components shall be of natural origin rather than originating from the water-spring pollution.
II. Scope
3. The objective of the Norms
These Norms shall apply to deposits of the subterranean water acknowledged to be natural mineral water; they shall regulate the procedures for the acknowledgement and approval of natural mineral water and establish the requirements regarding such water quality with the objective to protect human health from any mineral water pollution. The Norms shall apply to any mineral water bottled for sale as foodstuffs intended for human consumption.
4. The requirements of the Norms
These Norms shall:
a) require the official acknowledgement of natural mineral water;
b) establish the required conditions for operation of a mineral water spring;
c) regulate mineral water treatment;
d) require certain measures to be taken in respect of the natural mineral water microbiology;
e) ban the sales of natural mineral water containing toxic compounds or with non-compliances in terms of taste and appearance;
f) require hermetic sealing of mineral water;
g) require the specifics of natural mineral water to be indicated clearly on the label;
h) regulate trademarks used in respect of natural mineral water;
i) specify the requirements and limitations concerning the development of labels and advertisement;
j) provide for periodic checks of the natural mineral water springs by the duly empowered state authorities;
k) substantiate the requirements regarding limitations, etc.
5. These Norms shall apply to the table natural mineral water intended for sale as a human consumption product and acknowledged as such by the competent Moldovan authorities.
6. These Norms shall not apply to the natural mineral water, which:
a) has been acknowledged by the Ministry of Health to be medicinal natural mineral water in compliance with the Regulations on medicinal mineral water;
b) is consumed directly from the water-spring for medicinal purposes in preventive health centers, geothermal and/or hydro-mineral treatment institutions;
c) is not intended for sale as a human consumption product.
III. Acknowledgement and Use of Natural Mineral Water
7. The acknowledgement of natural mineral water
7.1. Under these Norms, no water produced in Moldova shall be deemed natural mineral water except the water acknowledged as such in the opinions (certificates) issued by the competent authorities, such as: the Ministry of Health and the State Agency of Geology (AGeoM) (Schedule 1 hereto).
7.2. No imported natural mineral water may be distributed in Moldova where it has not been acknowledged as such by the duly empowered authorities in its country of origin and the acknowledgement confirmed by the competent authorities of Moldova.
7.3. Where, upon acknowledgement of the water as natural mineral water in compliance herewith, any water - originating from Moldova or imported – is found subsequently not in compliance with one or more requirements of Schedule 1 Part 1 hereto or Schedule 2 hereto regarding the operation of the water-spring, it shall be withdrawn the right to be categorized as natural mineral water until full compliance is ensured with the principal standards or requirements.
8. Requirements regarding the operation of natural mineral water springs
The natural mineral water springs may be operated and their water may be bottled solely in compliance with the requirements of Schedule 2 hereto.
9. Authorized treatment
9.1. Mineral water taken from the water spring may not undergo any treatment or modifications, excepting the following:
a) removal of unstable components, such as iron and sulfur compounds, using sedimentation and/or filtration, which may be accelerated if necessary via enrichment with oxygen, in a way which does not result in any changes in the composition of the natural mineral water in terms of concentrations of its characteristic components giving the water its special properties;
b) Removal of iron, manganese, sulfur and arsenic compounds from some types of mineral water, using their treatment with oxygen-enriched air, provided the following requirements are complied with:
Physical and chemical composition of the natural mineral water undergoes no changes during the treatment in terms of concentrations of its characteristic components;
Compliance with the specific requirements established by the Ministry of Health;
Due notification of the Ministry of Health and specialized monitoring performed by the Ministry;
c) Separation of unstable components other than those covered by Letters а) or b) hereof via water treatment, provided the following requirements are complied with:
The composition of the natural mineral water may not be modified in terms of concentrations of its characteristic components giving the water its special properties;
Compliance with the specific requirements regarding its use established by the Ministry of Health;
Due notification of the competent authorities and specialized monitoring performed by such authorities;
d) Full or partial removal of free carbon dioxide using solely physical methods.
9.2. Bottling or sales shall be prohibited in the case of the natural mineral water treated using any method other than those specified in Subparagraph 9.1 hereof.
9.3. The water must be bottled solely close to the water-spring and fed to the bottling facility from the water-spring via pipeline.
9.4. Natural mineral water may not be transported in bulk (in containers, tanks) for the purpose of bottling or for any other purpose - prior to bottling. Natural mineral water may be transported solely in retail consumer packaging, such as glass bottles or РЕТ bottles in a range of volumes.
9.5. Nothing may be added to the natural mineral water taken from the spring, except the carbon dioxide, in compliance with Schedule 1 Chapter III hereto.
9.6. Any disinfection shall be prohibited, irrespective of the products used for the purpose, excluding the treatment provided for in Subparagraph 9.5, as well as addition of bacteriostatic components or any other treatment for the purpose of changing the total concentration of microbes in the natural mineral water.