On 02 December 2010 the Ukrainian Parliament adоpted the Law on State Market Supervision and Control over Non-Food Products No. 2735-VI (the “Law”).
The Law introduces a new system of state market control and supervision over the conformity of non-food products supplied in Ukraine with national standards set by so-called technical regulations. The Law aims to simplify the existing system of state control over product conformity and to bring it closer to European standards.
According to the Law, state surveillance over product compliance will be carried out according to the following two procedures:
- control of the products, i.e. securing product compliance at the stage of their import into Ukraine from abroad. This procedure will be carried out by customs authorities;
- market supervision, i.e. taking measures to prevent market circulation of products which do not comply with the requirements set by the technical regulations. Market supervision will be exercised by the governmental authorities responsible for the relevant market sectors. A list of such authorities must be determined by the Cabinet of Ministers of Ukraine by 05 March 2011.
Market supervision and control, as envisaged by the Law, apply only to those non-food products for which technical regulations have been adopted. Currently, approximately 30 technical regulations exist, only 6 of which are valid. Hence, very few non-food products are now covered by the technical regulations. Pending the adoption of relevant technical regulations for other non-food products, state supervision of the safety of such products will be governed by the Law on General Safety of Non-Food Products (passed by the Parliament simultaneously with this Law).
The Law will not govern procedures of state control and supervision of the compliance of foods and food additives and some non-food products (e.g. pharmaceuticals, alcohol and tobacco products, products of animal origin, etc.)
The Law abolished the Decree of Cabinet of Ministers of Ukraine on State Supervision for Maintenance of Standards, Norms and Rules and Liability for Their Violation No. 30-93 dated 08 April 1993, which previously had set out procedures for state control over both food and non-food products in Ukraine. The Law will come into force on 06 July 2011.
Law: Law of Ukraine on State Market Supervision and Control over Non-Food Products No. 2735-VI adopted by the Parliament of Ukraine on 02 December 2010.