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It is astonishing how poorly the producers, as well as providers of various sales networks and organisers of events potentially related to sales or distribution of food, are informed about the present legislation in force. CAFIA keeps receiving requests from some producers of food for the issuance of the so-called ”Declaration of Compliance”, claiming that they cannot produce particular foodstuffs without such a certificate or that their customers demand it. They are also afraid of being asked by the CAFIA inspectors to submit it during an inspection.

However, starting with 1 January 2000 – in respect of an amendment to the Act No. 110/1997, Coll. of L., on Food and Tobacco Products – provisions in paragraph 3 of this Act were altered. Therefore the executive decree No. 220/1998, Coll. of L., issued by the Ministry of Agriculture and relating to the methods and extent of surveillance of food compliance, became unenforceable and its legal force was ultimately terminated as of January 1, 2002. Thus the obligation to provide products with the ”Declaration of Compliance” terminated not only for the producers, but, de jure, for everybody who is going to place a food product on the market in the Czech Republic. It is, therefore, impossible to enforce such a declaration by virtue of a law.

The present legislation – as in the EU countries – is set in such way that everybody, releasing foods into circulation, is responsible for their safety, fair quality, proper labelling, etc., as required in the relevant laws and decrees. The most important legal regulation referring to such issues is the above-mentioned Act No.110/1997, Coll. of L., on Food and Tobacco Products, as amended, and subsequent executive regulations.

In view of the CAFIA inspections, it is absolutely insignificant what and how many certificates, regarding the particular goods, the inspected person owns. His responsibility becomes a subject of inspection only when it is identified that such a person releases into circulation foodstuffs that are not safe or do not conform to any of food safety regulations.

If customers require such a certificate from the producers, it is then possible to apply for its issuance some of the commercial accredited laboratories. Such certificate, though, can be used exclusively in business relations and not as a certificate submitted during an inspection. The only exception are the certificates issued by the Czech Agriculture and Food Inspection Authority for exports of fresh fruit and vegetables into the EU countries, certificates relating to imports and exports of wine, and exports of food to Russia.

CAFIA strives for improving the legal awareness of those who carry on their businesses in the sphere of food. It brings forward valid and unabridged laws and decrees relating to food issues in its web site. The only need is to visit the site www.czpi.cz