CAFIA Control Activities

12/17/2012
 

Chapter list

  1. CAFIA Inspections – Principles
  2. Inspection of Grower’s Distillation
  3. Check of Internet Sale
  4. Check of Traceability
  5. CAFIA procedures for check of labelling of unpackaged cut meat products
  6. CAFIA procedures for check of the statement of composition of alcoholic drinks
  7. CAFIA procedures for check of lots of alcoholic spirits
  8. CAFIA procedures for check of labelling of frozen vegetable mixtures
  9. Procedures for check of food with a protected designation - Protected Designation of Origin (PDO), Protected Geographical Indication (PGI), Traditional Speciality Guaranteed (TSG)
  10. CAFIA procedures for check of the PGI Czech Beer
  11. List of barley varieties suitable for producing malt for brewing Czech beer
  12. List of breweries using the PGI designation" Czech beer" as of July, 2011
  13. CAFIA procedures for check of sale of foodstuffs by citizens of other EU member states on the territory of the Czech Republic
  14. Inspection of fresh fruit and vegetables
  15. Cross compliance check

1. CAFIA Inspections – Principles

Within its competencies, CAFIA checks foodstuffs, raw materials for their production, agricultural and tobacco products. The above competences apply to production, storage, transport, and sale (including import).
This comprehensive conception of inspections allows focusing efficiently on commodities, analytes or places with the highest estimated number of deficiencies, or where the maximum effect of inspection could be expected. It is therefore a targeted inspection, whose objective is not only monitoring but also the protection of economic interests of both consumers and the state – consumers’ protection from foodstuffs that are unsafe, misleadingly labelled, sold despite their expired use-by-date or of unknown origin. Conditions during manufacturing and sale comprise integral parts of targeted inspections.
The concept and implementation of food inspection are based on new legislation (in particular on Act No. 110/1997, Coll. on Foodstuffs and Tobacco Products, on the amendment to Act No. 146/2002 Coll. on CAFIA, or on Act No. 552/91 Coll. on State Control, as amended), and are in accordance with principles of food inspection applied in countries of the European Union.
The term food safety means the check of microbiological requirements and presence of contaminants (e.g. chemical substances, additives, pesticide residues, etc.).
The term quality control means the check of analytical features (e.g. the contents of fat and sugar, humidity, etc.) or check of sensory features. Product labelling and its correctness are assessed separately.
When making a decision about the target of an inspection, the maximum information available is taken into account. The decision-making criteria for performing an inspection can be of either general and broadly defined applicability (general criteria), or they are based on some specific findings (specific criteria).

Priorities are developed on the basis of the Risk Assessment principles:

  • commodity position in the consumption basket
  • commodity risks
  • analyte risks
  • inspected entity (volume of its production)
  • new foodstuffs on the market.

Specific criteria for making a decision on inspection to be performed:

  • findings from previous inspections
  • data analyses in the Information System
  • actual findings of inspectors in the field
  • findings of other public authorities (Sanitary Service, Veterinary Administration, Police, Customs Authorities, Trade Licensing Office)
  • consumer suggestions
  • suggestions of mass media (press, radio and television) and advertising
  • findings of foreign partner organisations, such as: DGCCRF, FIS, FDA
  • European Commission recommendations
  • information from the RASFF system etc.

Focus of CAFIA inspections according to analyses

During food inspections, CAFIA inspectors take samples of individual product lots. Each sampling is documented in a Protocol on Sampling that shall be signed by the inspected person. Only samples taken by an inspector are delivered into laboratories and are analysed according to the focus of the inspection. Food samples that are delivered to an Inspectorate by a consumer as a constituent of their complaint serve as a suggestion for control and they do not become the subjects of analyses.
This mainly applies to analyses on microbiological requirements and contents of contaminants in the meaning of applicable legislation (both the mentioned cases refer to proof of food safety in the analysed foodstuff).
Analytical and sensory analyses (thus analyses of quality features, whose parameters are laid down and are binding) are further carried out, and the correct labelling and dates of durability and use-by-dates are also assessed.
With regard to the inspection flexibility, it is sometimes necessary that decisions about some samples can be made immediately on the spot without laboratory analyses. That relates, for example, to the inspection of use-by-dates, best before dates, correct product labelling, and the quality of fresh fruit and vegetables, etc.
The inspected person is informed about the results of the inspection in the form of an Inspection Protocol.

2. Inspection of Grower’s Distillation

A distillery operator (DO) is, pursuant to Article 3 (3) of EC Regulation No. 178/2002/EC of the European Parliament and of the Council of 28 January 2002 (hereinafter the “Regulation” only), a food business operator. A DO is a natural or a legal person responsible for ensuring that the requirements of food law are met within the food business he manages.A grower’s distillery is, according to Article 3 (2), a food business because it is an undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of production (spirits), or processing (fruit/fermentation) of foodstuffs. According to Article 3 (3), food legislation, which means legal regulations and administrative provisions regulating foodstuffs in general, and food safety in particular, whether at Community or national level, apply to the DO; it covers any stage of production, processing and distribution of foodstuffs.
EC Regulation No. 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (hereinafter the “Regulation on Hygiene” only) lays down general rules for distillery operators on the grower’s distillery hygiene. However, this Regulation shall not apply to domestic preparation, handling or storage of food for private domestic consumption. Pursuant to the Act on Spirits, a grower’s distillation of alcohol is the production of fruit spirit for the grower; it means preparation of spirits from the grower’s fermentation, sometimes its storage for private domestic consumption. According to Section 4 of the Act on Spirits, a grower is a natural person who grows fruit on his private land or land which he uses for other legal reasons, or also his employees who obtain fruit as a benefit in kind. Restrictions of growers following from Section 4 of the Act on Spirits states that:
  • fruit spirit made by fruit – grower’s distillation must not be sold
  • a grower is not allowed to have made more than 30 litres of ethanol from his own supplied material per one production period, even if fruit-growing is made by other people who are household members
  • it is a seasonal activity, because the production period is from 1 July of the current year to 30 June of the year immediately following

A grower’s distillation of alcohol is not a domestic preparation of food for private domestic consumption. According to the standpoint of DG SANCO, the term “domestic” is used for activities that are performed for private domestic consumption in the household. In other words, a grower’s distillation of alcohol in the grower’s distillery, as a food business, whether for profit or not and whether public or private, and activities related to fruit distillery such as processing and distribution of fruit/fermentation and production of spirits, are subject to EU food law.
CAFIA is responsible for enforcement of the hygiene requirements laid down by Regulation No. 852/2004 on food hygiene, because the regulation applies to a grower’s distillery as to the production of food for private domestic consumption.
According to Article 6 (2) of Regulation No. 852/2004, every food business operator shall notify the appropriate competent authority, in this case CAFIA (because it is subject to its inspection).
According to Article 2 of the Regulation, a grower’s fruit or fermentation as well as spirits from fruit distillery are foodstuffs, because they are intended to be or reasonably expected to be consumed by humans. According to Section 4 (1) of Act No. 61/1997 on Spirits, as amended, permission for a grower’s distillery, which is necessary and is based on Czech legislation, is issued by the Ministry of Agriculture.
Grower’s distillery permission says, inter alia, that a distillery operator shall observe the relevant provisions of the Act on Spirits, Decrees No. 150/2008 and No. 141/1997, as amended, and further legislation related to this activity (requirements for quality and safety of fruit brandies and hygiene requirements). CAFIA has the competence to enforce legal requirements for fruit brandies quality, fruit brandies that may be dangerous to human health, fruit and fermentation just as if it is related to any stage of fruit brandy production (failure of equipment).The owner of fruit, fermentation and also brandies is not the DO but the grower who is not, according to Regulation No. 178/2002, a food business operator, so he is not inspected by CAFIA. If a grower would like to complain about the spirit quality from a grower’s distillation, he has to give the sample to a commercial accredited laboratory to carry out analyses; CAFIA does not provide such analyses.

3. Check of Internet Sale

Question:
Is CAFIA responsible for check of information (e.g. misleading the customer) concerning foodstuffs which are offered for sale and sold on the Internet?
Answer:
If foodstuffs are offered for sale on the Internet and may also be ordered by e-mail, it is within CAFIA´s competence to check the information given on the website. This information must relate to the food product offered for sale on the same website as the given information. For example, we may check whether this information could not mislead the customers.

4. Check of Traceability

Procedure for check of traceability in accordance with Article 18 of the European Parliament and Council Regulation (EC) No. 178/2002

Article 18 of the European Parliament and Council Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (hereinafter "Regulation (EC) No. 178/2002") imposes a general obligation on food business operators to ensure the traceability of food, feed, food-producing animals and any other substances which are intended to be incorporated into a food or feed, or for which it is assumed that they will be incorporated into them. The term "traceability" is defined in Article 3, Paragraph 15 of the Regulation as follows: the ability to trace and follow at all stages of production, processing and distribution of food, feed, a food-producing animal or substance intended to be incorporated into a food or feed, or for which it is expected that this will be incorporated into food or feed.
Article 18 of Regulation (EC) No. 178/2002 lays down obligations through the goals to be achieved, however, it does not define the procedures that must be followed to achieve the objectives. Thus, although there is an obligation to establish a system to ensure traceability, the procedure leading to the fulfillment of this obligation is not further specified. This means that the compulsory subject must implement a traceability system and during an inspection, it must show that the implemented system meets the general requirements of Regulation (EC) No. 178/2002. Therefore, from the perspective of CAFIA, there is no other alternative than to evaluate traceability systems individually, depending on the specific situation, because an exhaustive list of processes leading to the fulfillment of this obligation does not exist.
A further problem with Article 18 of Regulation (EC) No. 178/2002 is that it does not specify what records on the food and its traceability must be kept by the food business operator. In our opinion, Article 18 of Regulation (EC) No. 178/2002 requires food business operators to be able to identify each supplier (food, feed, food-producing animals and any other substances which are intended to be incorporated into a food or feed, or for which it is assumed it they will be incorporated into food or feed) and the companies which supplied them with these items (requirement "one step back - one step forward").
The nature of Article 18 of Regulation (EC) No. 178/2002 means that the requirement of "one step back - one step forward" is not sufficient to meet the requirement for traceability, as it is necessary to have information on which product was delivered/supplied in this way. It is in the interests of food companies that the individual products, whether supplied or delivered, are itemised in detail, because the lack of information in the company traceability "system" could lead to a wider impact of any measures imposed. However, it depends on every food producer how they ensure the requirements of traceability in their own companies. We cannot confirm, that the only way to ensure unmistakable identification of foods complying with the requirements for traceability is to state the batch number or use by date / best before date of the food in the accompanying documents.
Regarding the procedures used by inspectors, if an inspection of traceability "systems" detects an unsatisfactory or non-existent traceability "system", measures will be imposed to eliminate these shortcomings. In the absence of detailed regulation, it is essential that if remedial measures are imposed, they must be properly justified and must not undermine the legal certainty of the compulsory subjects. The procedures used by inspectors for the purposes of checking compliance with Article 18, paragraph 2 of Regulation (EC) No. 178/2002 (after a request for information about the producer´s traceability "system"), in the case of finding that the traceability system is set up in such a way that it is not possible to identify food lots, an operator should be notified that, due to the impossibility of accurate identification, any measures imposed may concern larger quantities of foodstuffs.
In our opinion, Article 18, Paragraph 4 of Regulation (EC) No. 178/2002, allows for the introduction of special traceability regulation for certain commodities or sectors (e.g. Regulation of the European Parliament and Council Regulation (EC) No. 1830/2003 concerning the traceability and labelling of genetically modified organisms and traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC).

5. CAFIA procedures for check of labelling of unpackaged cut meat products

On 1st July 2009, Decree No.169/2009 Coll., which amended Decree No. 326/2001 Coll., for meat, meat products, fish, other aquatic animals and their products, eggs and their products, as amended by later regulations, came into effect. This amendment includes a number of modifications, so our Authority decided to give its opinion on the application of at least one of the amended points during control activities - the provisions of § 15 Paragraph 1 - which now states that:
"Unwrapped cut meat products must be sold within 24 hours after cutting. For consumers, the packaging date and time when they were cut, must be stated on the packaging."
The provisions of the second sentence of § 15 Paragraph 1 of the said Decree "For the consumer, the packaging date and time of cutting must be stated on the packaging" will not be enforced by CAFIA when inspecting food retail operators.
In the case that unwrapped food is offered for sale, Act No. 110/1997 Coll., On Foodstuffs and Tobacco Products, as amended, does not stipulate the material in which the foodstuff must be wrapped (bag, paper, film, etc.) when it is passed from the seller to the customer, meaning that the labelling of the packaging with information laid down by this law and the requirements of the aforementioned Decree go beyond the rules on the Act on Foodstuffs.
According to § 8, Paragraph 2, the operator, where the food is offered for sale directly to the consumer, must display at least a written statement pursuant to § 6, Paragraph 1, Point. b), c), d) or e), k), l) and n), and other information required by the implementing legislation in a visible place. Therefore, this duty does not extend to labelling the food packaging.

6. CAFIA procedures for check of the statement of composition of alcoholic drinks

The question as to whether it is necessary to indicate the composition on the immediate packaging of alcoholic beverages (either manufactured and marketed in a Member State of the Community or manufactured and marketed in the Czech Republic) is treated by CAFIA as follows:
Article 6, Paragraph 3 of Directive 2000/13/EC provides that "in the case of beverages containing more than 1.2% (by volume) of alcohol, the Council, on a proposal from the Commission of 22 December 1982, implements the following rules for labelling ingredients." At present, our office knows of no valid European legislation which sets out these rules and it is therefore not completely clear how the composition is to be stated in the case of alcoholic beverages containing more than 1.2% (vol.) of alcohol. Decree No. 113/2005 Coll., on the Labelling of Food and Tobacco Products, which is the transposition of this Directive in the Czech Republic, does not deal with this issue.
CAFIA proceeds with its enforcement responsibilities in the labelling and presentation of alcohol as follows:
  1. Alcoholic beverages produced in the Czech Republic and/or alcoholic beverages from third countries which are in free circulation in the Czech Republic - are under the jurisdiction of the currently applicable legislation, namely § 6, Paragraph 1, Point. i) of Act No. 110/1997 Coll. on Foods (information on the composition, including the raw materials used in the food production, additives, flavourings and food supplements) and the corresponding provisions of Decree No. 113/2005 Coll., and also § 6, Section 1, Point k) of the Food Act (information about the possibility of adverse effects on human health). This means that the composition of raw materials used, including allergenic components, must be stated on the packaging of alcoholic beverages.

  2. Alcoholic beverages from another EU Member State, a member state of the European Economic Area or a third country, which are offered for sale in another EU Member State - in such cases, the decisive factor for assessing how the composition of the product is to be stated, is the standard knowledge of the currently valid laws in the country of origin. This means, whether and how the requirement from Article 6, Paragraph 3 of Directive 2000/13/EC was converted into national law and whether the state has implemented its own rules governing the sale of this product. Furthermore, if it is available, the procedure used by the control authority of the country of origin on this issue is taken into account. Otherwise, the provisions of the Directive 2000/13/EC do not include an obligation for producers to state the ingredients of alcoholic beverages. However, in the case of alcoholic beverages, for which information on the composition need not be stated, the consumer must be informed of the presence of allergenic ingredients listed in Annex 1 of Decree No. 113/2005 Coll., because Directive 2003/89/EC expressly provides that the label on beverages must state the presence of allergenic components, if they are contained in such beverages.
CAFIA will utilise this approach to checking the ingredient listing of alcoholic beverages until the forthcoming publication of the regulations from the European Parliament and the Council on the provision of food information to consumers in the Official Journal of the Community.

N.B. Information on the issue of labelling ingredients in wine can be found on our website at this link.

7. CAFIA procedures for check of lots of alcoholic spirits

During control activities, cases have occurred when the lot number assigned by the manufacturer to a bottle of spirits was missing, or when this lot number had been mechanically removed, and the product was assigned to distributor or importer as part of a "new lot", which did not necessarily correspond to the definition of the lot in § 2. Point t) of Act No. 110/1997 on Foodstuffs.
Due to uncertainties in the procedures for inspection of such newly designated lots, CAFIA sought advice from the Directorate General of the European Commission - DG SANCO (Directorate General for Health and Safety), which states that it is not possible for a food business operator to retrospectively label products with a missing lot number as part of the newly assigned lot, unless they are able to demonstrate how the original lot was created to the inspectors.
In its opinion, DG SANCO pointed to the wording of Article 3 of Directive 89/396/EEC on Indications or Marks Identifying the Lot to which a Foodstuff Belongs, which states that: "The lot shall be determined in each case by the producer of the food, the manufacturer or packager or the first seller established within the Community". This wording suggests, that once the lot has been marked, this should not be changed. However, changes to the lot can be made, and one of the reasons could be that the lot has been divided, which can be regarded as establishing a new lot. However, in such cases the food business operator must keep a record of the original lot, in order to fulfill the requirements for labelling lots and also in connection with the requirements of Article 18 of Regulation (EC) No. 178/2002.
Undocumented changes to a previously marked lot, i.e. changes which do not permit the identification of the original lot, by any entity other than the food business, which is primarily responsible for the activity of labelling in the meaning of § 6, Paragraph 1 of Act No. 110/1997 Coll., as amended, is unacceptable for the European Commission, as it also contradicts the purpose of the requirements of Directive 89/396/EEC and Act No. 110/1997 Coll., and is also against the principles of traceability according to Regulation No. 178/2002.

8. CAFIA procedures for check of labelling of frozen vegetable mixtures

Due to the fact that the technology of production of frozen vegetable mixtures does not always allow the exact amounts of each type of vegetable used to be measured so that it strictly complies with the decreasing order of content, when checking the labelling and content of vegetables CAFIA will proceed as follows:
  1. If the frozen vegetable mixture recipe includes around 50% of carrots (or another vegetable type) and the percentage of the following types of vegetables (e.g. peas and sweetcorn) are approximately the same, at around 25% (sometimes more sweetcorn, sometimes more peas), CAFIA will regard the following designation as acceptable: Composition: carrots, with varying proportions of peas and sweetcorn.
  2. If the name of the frozen vegetable mixture verbally emphasises one component, such as sweetcorn, the amount of this vegetable must be stated in the composition. Since the dosage cannot be set at an exact percentage, CAFIA will accept designations of the verbally highlighted element as follows: at least 20 % sweetcorn.
  3. If the frozen vegetable mixture recipe includes around 25% e.g., of carrots and cabbage, and the other vegetables in the mixture are present in smaller quantities, which vary slightly, and cannot be clearly labelled in descending order according to type, the following designation will be acceptable for CAFIA: Composition: carrots, cabbage (in varying proportions), beans, cauliflower, leek, onion... (in varying proportions), provided that the vegetables listed before "in varying proportions", are listed in descending order according to the recipe. So that, for example the proportions of beans and cauliflower will be around 15%, with leek and onion about 5%.

In the case of check of the proportions of each vegetable in the mixture, which should be listed in decreasing order, during the evaluation in the laboratory CAFIA will take into account that vegetables contained at similar percentages according to the recipe may actually be in reverse order.

9. Procedures for check of food with a protected designation - Protected Designation of Origin (PDO), Protected Geographical Indication (PGI), Traditional Speciality Guaranteed (TSG)

As a result of the EU's efforts to promote local products, and alert consumers to the traditional products originating in particular from EU member states, the protected names - Protected Designation of Origin (PDO), Protected Geographical Indication (PGI) and Traditional Speciality Guaranteed (TSG) were created.
1. General Information
1.1. Currently valid legislation:
Council Regulation (EC) No. 509/2006 on Agricultural Products and Foodstuffs as Traditional Specialties Guaranteed
Council Regulation (EC) No. 510/2006 on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs
Commission Regulation (EC) No. 1898/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 510/2006 on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs
Commission Regulation (EC) No. 1216/2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on Agricultural Products and Foodstuffs as Traditional Specialties Guaranteed
Act No. 452/2001 Coll., on the Protection of Designations of Origin and Geographical Indications

1.2. Definitions:

Protected Designation of Origin - symbol
Protected Designation of Origin (PDO) - concerns the name of a region, a specific place or, exceptionally, a country, used to describe an agricultural product or a foodstuff originating in that region, specific place or country, whose quality and characteristics are essentially or exclusively due to a particular geographical environment (which includes both natural and human factors) and the production, processing and preparation of which takes place in the defined geographical area.
Protected Geographical Indication - symbol
Protected Geographical Indication (PGI) - concerns the name of a region, a specific place or, exceptionally, a country, used to describe an agricultural product or a foodstuff originating in that region, specific place or country, which possesses a specific quality, reputation or other characteristics attributable to that geographical origin and the production, processing or preparation of which takes place in the defined geographical area.
Traditional speciality guaranteed - symbol
Traditional speciality guaranteed (TSG) - an agricultural product or foodstuff which has been demonstrably produced or manufactured for at least 25 years and its specific character is recognized by the EU and by its registration as a TSG. The special nature of the product is determined not only by its properties, but may also be determined by the method of production or processing.
TSG products may be divided into two types - registered "without reservations concerning the name" or "subject to reservations concerning the name".
TSG registered with reservation of the name - the registered name may only be used for products that comply with the specification. When using the protected name it is always necessary to label the product as "Traditional Speciality Guaranteed" or with the allocated Community symbol (the same as with PDO/PGI products).

TSG registered without reservation of the name - the registered name may be used for products which do not meet the specification, but the labelling of these products may not include the term "Traditional Speciality Guaranteed", the abbreviation "TSG" or the associated Community symbol.

The list of protected names can be found on the website of the European Commission in the database "DOOR": http://ec.europa.eu/agriculture/quality/door/list.html?locale=cs

2. Information for producers
2.1. Application for inclusion in the register:
Protected names are included in the register. Inclusion on the register can only be claimed by the group, i.e. in particular the association of producers or processors, regardless of its legal form or composition. Subject to fulfilling the requirements of Article 2 of Regulation (EC) No. 1898/2006, one natural or legal person may be regarded as a group. The requirements for application for the registration of a PDO or PGI are set out in Regulation (EC) No. 510/2006 and its implementing Regulation (EC) No. 1898/2006 as well as in Act No. 452/2001 Coll., on the Registration of a TSG, Regulation (EC) No. 509/2006 and its implementing Regulation (EC) No. 1216/2007.
Where the application concerns a geographical area in a member state, the legitimacy of the request submitted is initially reviewed by that state. The state shall publish the application and provide all parties with a legitimate interest, who live in or have a permanent residence in that Member State, with an appeal period in which they may file their objections. If a Member State, after the settlement of any objections, believes that the requirements of Regulation (EC) No. 510/2006 are fulfilled, it may forward the application to the European Commission (hereinafter referred to as the "Commission"). The Commission will review the application no later than 12 months after the referral has been made. If the application meets all the requirements, it will be published in the Official Journal of the European Union. Each Member State or third country (as well as any natural or legal person established or resident in the territory of a Member State other than the State submitting an application for registration or in a third country) has the possibility to object to the registration within 6 months of its publication.
If no objections are filed or if the Commission evaluates such objections as inadmissible, the Commission shall include the product in the register of protected designations and publish this registration in the Official Journal of the European Union.
If the Commission assesses the objections as admissible, negotiations will be initiated, with the aim to find an agreement between the interested parties. The parties will have 6 months to reach an agreement.
If agreement is reached, without major changes to the original specifications, the Commission shall include the protected designation in the register. If an agreement requires that greater changes to be made compared to the original specification, the Commission must re-examine the application and then publish its findings in order to allow objections proceedings to be opened.
If no agreement is reached, the Commission will make a decision on the registration or rejection, while taking the fair and traditional usage and the actual likelihood of confusion into account.
2.2. Modifications in the specification:
A request for a modification in a specification may be made by a Member State, on behalf of a group, i.e. an association of producers or processors of the food or product (in the above cases, a single natural or legal person). The request for the modification must include a description of the desired changes and a justification. The next steps depend on the type of changes or changes that should be made.
2.3. Cancelling of the registration:
If it is found that the rules regarding to the specifications have not been followed, the Commission may decide to cancel the registration.
2.4. Use of registered names, trademarks and symbols:
Names entered in the registers may be used by any person who places food products which meet the specification on the market.

Together with the registered name, the product shall be marked with the Community symbol or a designation of "Protected Designation of Origin" or "Protected Geographical Indication" or "Traditional Speciality Guaranteed".

Protected Designation of Origin - symbolProtected Geographical Indication - symbolTraditional speciality guaranteed - symbol

Every producer in a Member State or in a third country which is interested in using the name registered as a TSG, must inform the competent authorities of the Member State of this intention in advance.
2.5. Verification of compliance with the specifications:
Verification of compliance with the specifications for products bearing the PGI/PDO label must be carried out by the supervisory authorities named in the product specification, or by the competent authority designated by the Member State in the case of TSG labelled products, before placing the product on the market. The costs of such verification shall be borne by the operators subject to these controls.
2.6. Protection:
Registered names shall be protected against direct and indirect commercial use in respect of products covered by the registration, and against any practice that could mislead consumers. This protection also relates to linguistic mutations of the registered name (e.g. České pivo-Czech beer).
2.7. Checks:
All manufacturers of products with protected designations are regularly checked for their compliance with the requirements resulting from the specification for the product. Checks may also be carried out in the market, where the labelling and composition of the product is also evaluated.
3. Information for consumers
Products bearing the protected names are a guarantee of a certain quality and tradition for consumers. Before the protected names are entered in the register of protected designations, they are subjected to a detailed examination of whether they are eligible for registration by the Member State, the Commission, and subsequently during the process of application and approval, by all operators from the EU, or even from countries outside the EU. The products are evaluated to determine whether they are in fact products made using the traditional production process, and are really from the given geographical area, etc.
Manufacturers who use protected names are regularly subjected to checks, in order to verify whether they comply with the conditions of production for those products which are set out in the specification.
Products must be labelled with the name and registered as "Traditional Specialities Guaranteed" or "Protected Designation of Origin" or "Protected Geographical Indication", according to the type of protected name, or the associated Community symbol.
4. List of products of the Czech Republic, which bear one of the protected names
Product name
Type of protected designation
Inspection body supervising the manufacture/production of products with protected designations
Lovecký salám - Hunter´s Salami
TSG registered without reservation of the name
State Veterinary Administration
Špekáčky - Sausages
TSG registered without reservation of the name
State Veterinary Administration
Liptovský salám - Liptov Salami
TSG registered with reservation of the name
State Veterinary Administration
Spišské párky - Spiš Sausages
TSG registered with reservation of the name the name
State Veterinary Administration
Olomoucké tvarůžky - Olomouc Cheese
PGI
State Veterinary Administration
Jihočeská Zlatá Niva - South Bohemian Golden Niva Cheese
PGI
State Veterinary Administration
Jihočeská Zlatá Niva - South Bohemian Niva Cheese
PGI
State Veterinary Administration
Třeboňský kapr - Třeboň Carp
PGI
State Veterinary Administration
Pohořelický kapr - Pohořelice Carp
PDO
State Veterinary Administration
Brněnské pivo/Starobrněnské pivo - Brno Beer/Old Brno Beer
PGI
CAFIA
Březnický ležák - Březnice Lager
PGI
CAFIA
Budějovický měšťanský var - Budějovice Burgher´s Brew
PGI
CAFIA
Budějovické pivo - Budějovice Beer
PGI
CAFIA
Černá Hora
PGI
CAFIA
České pivo - Czech Beer
PGI
CAFIA
Českobudějovické pivo - České Budějovice Beer
PGI
CAFIA
Hořické trubičky - Hořice Filled Wafers
PGI
CAFIA
Chelčicko-lhenické ovoce - Fruit from the Chelčicko and Lhenicko Districts
PGI
CAFIA
Chodské pivo - Chodsko Beer
PGI
CAFIA
Karlovarské oplatky - Karlovy Vary Wafers
PGI
CAFIA
Karlovarské trojhránky - Karlovy Vary Triangles
PGI
CAFIA
Karlovarský suchar - Karlovy Vary Biscuits
PGI
CAFIA
Lomnické suchary - Lomnice Biscuits
PGI
CAFIA
Mariánskolázeňské oplatky - Mariánské Lázně Wafers
PGI
CAFIA
Pardubický perník - Pardubice Gingerbread
PGI
CAFIA
Štramberské uši - Štramberk Ears
PGI
CAFIA
Znojemské pivo - Znojmo Beer
PGI
CAFIA
Nošovické kysané zelí - Nošovice Pickled Cabbage
PDO
CAFIA
Český kmín - Czech Caraway Seeds
PDO
CAFIA
Chamomilla bohemica
PDO
CAFIA
Všestarská cibule - Všestary Onions
PDO
CAFIA
Žatecký chmel - Žatec Hops
PDO
Central Institute for Supervising and Testing in Agriculture

10. CAFIA procedures for check of the PGI Czech Beer

According to Council Regulation (EC) No. 510/2006 on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs, the protected geographical indication (PGI) "Czech beer" was registered. When checking products which are designated as "Czech beer", the checks will especially focus on the specifications for this product, i.e. the raw materials used, method of production and the final product, the method of control during production, the product documentation and its labelling. The PGI Czech Beer may only be used for groups of beers listed in the specification.
A manufacturer who wishes to use the PGI Czech Beer for their products, does not have to register anywhere before marketing the product, but shall request the relevant CAFIA Inspectorate to verify compliance with the specifications. The cost of verifying compliance with the specifications under Article 11, Paragraph 1 of Council Regulation No. 510/2006 on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs will be borne by the food business.
The boundaries of the region in which Czech Beer may be produced are defined in the specification.
Raw materials:
The traceability of all raw materials must be ensured.
1. Grain bill in the batch
The grain bill in the batch consist of malts and starchy and sugary ingredients The weights and laboratory-measured extractivity of the individual raw materials are recorded on the brewing batch sheet. The total weight of the extract in the batch consists of at least 80% of extract derived from malts that have been produced from approved varieties (i.e. passed a national registration in the Czech Republic for cultivation and are recommended for the production of Czech beer). A list of approved varieties for malt production for the production of Czech Beer can be found here. The varieties must meet the parameters listed in the specifications for Czech Beer.
Examples of the grain bill in the batch are given in Tables 1 and 2.
Table 1: Example of the grain bill in the batch - the conditions for the production of Czech Beer are fulfilled.
Grain bill
(Raw Material)
Weight
(kg)
Extract in origin
(%)
supplied
Extract
(kg)
supplied
Extract
(%)
light malt
4,000
77.8
3,112
86.2
crystalised sugar
500
99.8
499
13.8
total
 
 
3,611
100.0
The weight of extract originating from malt, as a proportion of the total weight of extract included, is higher than 80%, and the condition for production of Czech beer is fulfilled.
Table 2: Example of the grain bill in the batch - the conditions for the production of Czech Beer are not fulfilled.
Grain Bill
(Raw Material)
Weight
(kg)
Extract in origin
(%)
supplied
Extract
(kg)
supplied
Extract
(%)
light malt
3,600
77.8
2,800.8
78.4
barley meal
400
67.6
270.4
7.6
crystalised sugar
500
99.8
499.0
14.0
total
 
 
3,570.2
100.0
The weight of extract originating from malt, as a proportion of the total weight of extract included, is less than 80%, and the condition for production of Czech beer is not fulfilled.
2. Hopping
The hopping in a batch consists of hops and products made from hops. The weight and laboratory determined findings for the α-bitter acid content of hops and products produced from them, must be stated on the brewing batch sheet. The total weight of delivered α-bitter acids used in a batch of light lager must include at least 30% (15% for other beers) of α-bitter acids derived from Czech hops. Authorised hop varieties from the Žatecko, Úštěcko, or Tršicko regions are used. Czech hop varieties recommended by the Research Institute of Malting and Brewing:  Žatecký poloraný červeňák, Sládek, Premiant.
Examples of hopping in the batch are given in Tables 3 and 4.
Table 3: Example of hopping in light lager - the conditions for the production of Czech Beer are fulfilled.
Hopping
(hops,
hop product)
Weight
(kg)
α-bitter acid
in origin
(%)
supplied
α-bitter acid
(kg)
supplied
α-bitter acid
(%)
hop extract
 1
 100
 1
 38.4
bitter hops
N. B. *)
 7
 9.6
 0.672
 25.8
mild aromatic hops
ŽPČ **)
 30
 3.1
 0.93
 35.8
 total
 2.602
 100.0
 *) Northern Brewer    **) žatecký poloraný červeňák
The weight of α-bitter acids derived from Czech hops (Sládek), as a proportion of the total weight of included α-bitter acids, is more than 30%, and the conditions for the production of Czech Beer are fulfilled.
Table 4: Example of hopping in light lager - the conditions for the production of Czech Beer are not fulfilled.
Hopping
(hops,
hop product)
Weight
(kg)
α-bitter acid
in origin
(%)
supplied
α-bitter acid
(kg)
supplied
α-bitter acid
(%)
hop extract
 1
 100
 1
 38.9
bitter hops
Target
 9
 11.2
 1.008
 39.3
aromatic hops - Sládek 
 10
 5.6
 0.56
 21.8
 total
 
 2.568
 100.0

The weight of α-bitter acids derived from Czech hops (Sládek), as a proportion of the total weight of included α-bitter acids, is less than 30%, and the conditions for the production of Czech Beer are not fulfilled.
3. Water
– from local sources, with a hardness according to the specifications
4. Yeast
– brewing yeast for bottom fermented beer
Production:
A food business operator must comply with the traditional method of brewing according to the specification - i.e. one to three mashing processes by decoction (the infusion mashing method MAY NOT be used), lautering, wort boiling. After completion of the boiling, the wort will be cooled to the fermentation temperature and aeration and yeast are added. Fermentation must take place in two stages - the fermentation stages must be separated in the standard way. After the second stage of fermentation is completed, the beer is filtered and bottled. Unfiltered beer may also be produced. The final product must meet the parameters stated in the specifications for Czech Beer.
Production Control:
Compliance with the specification is the responsibility of the food business operator, whose internal "manual" must include a procedure for ensuring compliance with the specifications for Czech beer, incl. the method of production control, control of the finished beer and the frequency of controls. The methods that may be used for production control are stated in the specifications.
Control of documentation:
When checking the specifications, documents relating to the production of Czech Beer will also be reviewed .
1.      origin of raw materials - e.g. delivery notes,
2.      quality parameters of raw materials - e.g. from the supplier of raw materials, laboratory analyses,
3.      inspection of the manufacturing process:
  1. batch sheet – e.g. composition of grain bill and hopping, temperature and duration of mashing, record of wort),
  2. fermentation protocol – e.g. record of yeast used, temperatures during fermentation,
4.      record of control processes during beer brewing, including the final product
  1. recorded in  internal manuals,
  2. records of controls carried out during production of beer,
  3. laboratory analyses of the product,
  4. accordance of the final product with the specifications.
Labelling:
The symbol or designation "Protected Geographical Indication" is printed near the inscription "Czech Beer" and is on the main (front or back) label of the consumer package. Symbols or the equivalent marking must conform to the symbols and labelling according to Regulation (EC) No.1898/2006 as amended, which states the detailed rules for implementing Council Regulation (EC) No 510/2006 on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Food. Symbols and names may be replaced by equivalent terms in another official Community language. Translations of the registered name "České pivo" (e.g. "Czech Beer") may not be used alone, but always in conjunction with the registered name "České pivo".
The specifications for the PGI "České pivo", do not seek to avoid references to the production of the beer in the Czech Republic. In the case of beers which do not meet the specifications for "Czech Beer", these marks must not be included on the main label or on the packaging and advertising materials, because Article 13 of Council Regulation (EC) No. 510/2006 protects registered products against any direct or indirect commercial use of a registered name for products which are not covered by the registration, in cases where the products are comparable to the registered products. References to beer production mean such phrases as manufactured with Czech technology, made ​​in the Czech Republic, etc.
If an inspector detects the unauthorised use of the name Czech Beer on packaging materials, promotional items, etc., the inspector will inform the competent regulatory body - for example, the Trade Licensing Office in the case of misleading advertising.

11. List of barley varieties suitable for producing malt for brewing Czech beer

CAFIA confirms that for the malting campaign for 2011/2012, the following varieties of spring barley (which passed a national registration at CISTA) according to the recommendations of the Research Institute of Brewing and Malting, are suitable for the production of malt for Czech beer.

       Variety name

        Maintained by  
    variety

    Representative in the Czech Republic

    Year of registration
Advent
SELGEN, a.s., CZ
 
2009
Aksamit
SELGEN, a.s., CZ
 
2007
Blaník
Limagrain Nederland B.V., NL
Limagrain Central Europe Cereals, s.r.o., CZ
2007
Bojos
Limagrain Central Europe Cereals, s.r.o.
 
2005
Calgary
SELGEN, a.s., CZ
 
2003
Malz
Limagrain Central Europe Cereals, s.r.o., CZ
 
2002
Radegast
Limagrain Central Europe Cereals, s.r.o., CZ
 
2005
Tolar
Limagrain Central Europe Cereals, s.r.o., CZ
 
1997
List of recommended hop varieties for brewing Czech beer
The Research Institute of Brewing and Malting recommends the use of the hop variety - Žatecký poloraný červeňák for the brewing of "Czech Beer" labelled as a PGI.
  • Sládek
  • Premiant

12. List of breweries using the PGI designation" Czech beer" as of July, 2011

  • Měšťanský pivovar Havlíčkův Brod – Rebel – traditional, Czech Beer, black, Original Premium, Karlovec light and dark
  • Heineken - Krušovice – 10° light draft, BLACK, Krušovice 12° light draft, Krušovice Imperiál, KRUŠOVICE KRÁLOVSKÝ PIVOVAR Černé - black, KRUŠOVICE KRÁLOVSKÝ PIVOVAR MUŠKETÝR
  • Polička – 10° HRADEBNÍ (light and dark), 11° OTAKAR, 12° ZÁVIŠ
  • Vyškov – Desítka, Džbán, Březňák, Havran
  • Černá Hora – TAS, Páter, Moravské sklepní, Kamelot, Granát, private brands Effenbert
  • Plzeňský Prazdroj – Gambrinus Premium - light lager; Gambrinus, 11° Excelent -  light lager; Velkopopovický kozel světlý - light; Velkopopovický kozel 11° Medium; Velkopopovický kozel Premium; Radegast original; Radegast Premium; Pilsner Urquell
  • Bernard – Světlé pivo Bernard - light beer, Světlý ležák Bernard - alc. 4,5% - light lager, Světlý ležák Bernard - alc. 4,7% - light lager, Regionální jedenáctka - light lager, Sváteční ležák s jemnými kvasnicemi - fine unfiltered light lager, Černý ležák s jemnými kvasnicemi - dark fine unfiltered lager
  • Primátor a.s. – Primátor světlý - draft beer, PRIMÁTOR Premium - light lager, PRIMÁTOR lager - 11% light lager
  • Tradiční pivovar v Rakovníku, a.s. – Bakalář pivo výčepní světlé – light draft, Bakalář tmavé výčepní – dark draft, Bakalář světlý ležák – light lager, Světlé pivo PRAŽAČKA – light beer, Černovar SVĚTLÉ - light, Černovar ČERNÉ - dark
  • ZUBR – ZUBR Classic light draft beer, ZUBR GOLD, ZUBR Premium
  • Pivovar  Protivín – private brand Argus Maestic (Lidl)
  • Pivovar Samson – Samson 10° light draft, Samson 11° light draft, Samson 12° light lager, Samson 12° dark lager, 1795 light lager (alc. 4,7%), 1795 dark lager (alc. 4,5%), Samson 1795 light lager (alc. 4,7%), Samson 1795 dark lager (alc. 4,5%), PRAGA light lager  (alc. 4,7%), PRAGA dark lager (alc. 4,5%)
  • Nymburk – ČESKÁ Koruna – light draft, POSTŘIŽINSKÉ Jedenáctka, Gold Bohemia Beer

13. CAFIA procedures for check of sale of foodstuffs by citizens of other EU member states on the territory of the Czech Republic

  1. Inspection will only be carried out in the case of a direct request or if apparent defects are found in the foodstuffs for sale.
  2. CAFIA may use its powers to check all foodstuffs and food products anywhere in the Czech Republic, regardless of the citizenship of the seller.
  3. With regard to the freedoms arising from the Founding Treaty of the EU (esp. free movement of services), citizens of other EU member states have the same possibilities for trading in the Czech republic as Czech citizens. We must ask to see a proof of identity and also a trading licence according to the laws in the traders home state (e.g. the equivalent of our trading licence). However, such a licence may not exist for certain subjects (especially small growers offering their excess production for sale).
  4. If the seller states that they are selling foodstuffs belonging to another person or legal entity, they inspector will demand that the seller presents the other person´s or entity´s trading licence, or that the seller provides the owner´s name and contact address.
  5. If the seller does not present (at least) a proof of identity (for EU citizens a passport or national identity document), the inspector will ask the Police of the Czech Republic, or the municipal police, as they are the only organs with the power to insist that people prove their identity. Officers of the municipal police may also decide whether the seller is in compliance with the conditions for selling, which the given municipality has established in its own municipal regulations.
  6. In case of citizens of other EU member states the inspections are focussed on the so-called harmonised spheres, i.e. which are the subjects of EU legal regulations (regulations, decisions, directives).
  7. On the basis of the inspection, the inspector writes an inspection protocol with annexes. This protocol will be sent to the Control, Laboratory and Certification Department of the CAFIA Headquarters, where a decision will be made on whether the information will be sent to the control body in the country of which the inspected person is a citizen.
  8. The inspected person may not speak Czech, or pretend not to understand it. If possible, the inspection will not only be recorded in writing, but also recorded in an audio or visual form.

14. Inspection of fresh fruit and vegetables

Information on changes of inspections of fresh fruit and vegetables arising from amendments to EU legal regulations.
Legal regulations
Inspection of fresh fruits and vegetables is carried out according to Commission Implementing Regulation (EU) No. 543/2011, which establishes detailed rules for implementing Council Regulation (EC) No. 1234/2007 in the area of Fruit and Vegetables and Processed Fruit and Vegetable Products. Regulation (EU) No. 543/2011 was adopted to clarify the situation since Regulation (EC) No. 1580/2007 had been amended several times and also due to the fact that it was necessary to make further changes.
Commission Regulation (EU) No. 543/2011 has been used since 22 June, 2011, Article 149 of Regulation (EC) No. 1580/2007 has been repealed. The requirements of Commission Regulation (EU) No. 543/2011, in addition to fresh fruits and vegetables, also apply to nuts and cultivated mushrooms. Potatoes are not covered by this regulation.
Trading standards
Trading standards set out the detailed requirements for individual types of fruit and vegetables. This involves ascertaining the quality - quality grade, size, packaging type, modifications, and on the labelling of fruit and vegetables.
For each product in the fruit and vegetable sector, the standards were issued by way of a  regulation, but all of these regulations have since been repealed, with the exception of the regulation for green bananas. The trading standards have become annexes to Council Regulation (EU) No. 543/2011.
Special trading standards
The special trading standards (Annex I, Part B) set out the detailed requirements for the following 10 types of fruit and vegetables:
apples                                                                green peppers
pears                                                                 lettuce, summer curly endive and winter endive
citrus fruits                                                        grapes
strawberries                                                     peaches and nectarines
kiwi                                                                    tomatoes
Changes to the requirements for individual types of fruit and vegetables contained in the special trading standards are shown in the attached presentation.
General trading standards
All other products in the fruit and vegetables sector (including nuts and cultivated mushrooms) must meet the requirements of general business standards.
For fruit and vegetables, except for the aforementioned 10 types, the general trading standards do not require quality grades to be stated. This means that products covered by the general trading standards, which are labelled with a quality grade, will be regarded as incorrectly labelled, as this labelling will have no legal basis - and will not be covered by any valid legislation.
The general trading standards only state the minimum quality requirements, according to which the fruit or vegetables must be:
  • whole,
  • healthy, not allowing the sale of products affected by rotting or deterioration to the extent that they are unfit for consumption,
  • fruit or vegetables must be clean, practically free of any visible foreign matters,
  • practically free of damage caused by pests and affecting the flesh,
  • free of abnormal external moisture,
  • free of any foreign smell or taste.

The condition of the product must be such as to enable it to:
  • be transported and handled,
  • delivered to its destination in a satisfactory condition.

Inspection
Quality requirements for products can be found in the standards listed in Annex I, Part A, B of Commission Regulation (EU) No. 543/2011.
Therefore, the inspection of fresh fruits and vegetables will take place from 22/6/2011 in accordance with the trading standards, whether it is a specific trading standard or the general trading standards.
The changes in the legal requirements and the CAFIA policy of inspections of fresh fruit and vegetables may be found in the attached presentation (in czech language only).

15. Cross compliance check

Information on compliance controls valid in the Czech Republic from 1/1/ 2009.
What is Cross Compliance?
One of the main issues in contemporary agricultural policy is solving the negative impact of agriculture on landscape and the environment. The system of compliance controls was introduced during the reform of the Common Agricultural Policy in 2003, and has become one of the key elements in negotiations aimed at preserving European subsidies for agriculture in the future.
From 1/1/2009, the payment of direct financial support and other forms of grants in the Czech Republic is "conditioned" by the soil being kept in a good agricultural and environmental state, compliance with mandatory environmental obligations and obligations on public health, health of animals and plants, good environmental conditions of animals and the minimum requirements within agro-environmental provisions.
If the grant applicant does not comply with these conditions, the level of the grant to be paid out may be reduced or even completely denied. The fulfillment of standards and requirements is checked by inspection of the fulfillment of the so-called checked requirements. Their form and the inspection method is determined by each EU country, based on the national conditions.
For more detailed information, visit: http://www.mze.cz/cc, or http://www.mze.cz/cross-compliance