THE RIGHT OF CONSUMERS TO INFORMATION ON FOOD PRODUCTS UNDER UKRAINE AND EU LAW

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THE RIGHT OF CONSUMERS TO INFORMATION ON FOOD PRODUCTS UNDER UKRAINE AND EU LAW

Journal Title: «Приватне та публічне право» - Year 2018, Vol 3, Issue

Abstract

The harmonization process of national legislation with EU legislation obliges the changes in the field of informative consumer rights. Information that the products are high quality and safe for the consumer should be provided to the consumer prior to the purchase of the product or order of work (services). The Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers has been resolved in EU. Likewise, Ukraine has developed a draft Law "On Information for Consumers on Food Products", which establishes the legal and organizational framework for providing food information to consumers in order to ensure a high level of protection of the health of citizens and to meet their social and economic interests. To indicate on the marking the information about the properties of the food product that it does not have is prohibited as well as to report unfoundedly the special properties of a food product. In accordance to clause 4.5.1.8 of DSTU 4518-2008 of the National Standards of Ukraine "Food Products. Labelling for consumers. General rules" and conclusion of the Ministry of Health of Ukraine, if the product can adversely affect the health of the consumer, the manufacturer is obliged to label the information on the warning of food consumption by certain categories of population (children, pregnant women, elderly people, athletes and allergic people). Corresponding norm is also contained in clause 4.5.5.3 of DSTU 4518-2008.The manufacturer is obliged to indicate such information on the label, tag or a sheet-insert. For example, the latest national regulations, which testifies to the above-mentioned rules, is the Requirements for Cocoa and Chocolate products approved by Decree No. 157 of the Ministry of Agrarian Policy and Food of Ukraine in 2016 and has come into force on January 1, 2018. The provisions of the Decree are close to the EU standards, in particular the Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption. These legislative acts have fixed the types of products and percentage of cacao, chocolate and dairy ingredients in such products. With regard to the delineation of products, both the Decree and the Directive contain the same requirements. In conclusion, a good consumer policy is an important factor in the economic and legal market. The consumer in process of purchasing goods, receiving services (work) must have a guarantee of their quality and safety. Complete consumer awareness gives him the opportunity to choose one or another type of products, and also protects from harmful to life and health of negative factors. Quality standards, information about products, works and services (marking) of the EU should become the basis for the relevant consumer legislation of Ukraine.

Authors and Affiliations

Г. Б. ЯНОВИЦЬКА

Keywords

directive consumer information labelling quality food product

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EP ID EP592386
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