On 24 July 2024, Order No. 431 of the Ministry of Agrarian Policy and Food dated 15 February 2024 will come into force, pursuant to which a new Procedure for the State Registration of Facilities will apply. Please note that state registration of facilities is carried out free of charge by the regional office of the State Service for Food Safety and Consumer Protection.

     Every individual facility of a market operator is subject to state registration, including a vehicle used as a facility for the sale of food products to end consumers.

 Let us consider the step-by-step procedure for registering a facility:

 1. The market operator submits only an application in paper or electronic form to the territorial body of the State Service for Food Safety and Consumer Protection or via an administrative services centre 10 calendar days before the facility commences operations. In addition, producers of artisanal food products and food products of animal origin at small-scale facilities for the production of food products of animal origin must also attach to the application information enabling the identification of such food products and declare average weekly production volumes over the course of a year;

2. State registration of the facility is carried out by the territorial body of the State Service for Food Safety and Consumer Protection within 10 calendar days of receiving the application;

3. A decision on the state registration of the facility or on the refusal of state registration, stating the reasons, shall be issued by order of the territorial body of the State Service of Ukraine for Food Safety and Consumer Protection and, no later than 3 working days from the date of its adoption, shall be communicated to the market operator or a person authorised by them by:

• delivery in person or by post (registered post);

• sending it to an email address or transmitting it using electronic means of communication.

4. Information on the registered facility shall be entered into the state register of market operators and their facilities by an official of the territorial body of the State Service for Food Safety and Consumer Protection no later than the next working day following the date of the decision on state registration of the facility.

The territorial body of the State Service for Food Safety and Consumer Protection shall refuse state registration of the facility in the following cases:

1. The application lacks complete information, namely the name, identification code in accordance with the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations, location, or surname, first name, patronymic, the registration number of the taxpayer’s account card or the series and number of the passport (for individuals who, due to their religious beliefs, refuse to accept a registration number for a taxpayer’s account card and have notified the relevant supervisory authority of this and have a mark in their passport), the place of residence of the market operator, the name (description) of the facility, its address, planned types of activity and list of food products the production and/or circulation of which is planned, type of market operator according to the classification of business entities defined by the Commercial Code of Ukraine (micro, small, medium or large enterprise);

2. The existence of a previously adopted decision on the state registration of this facility.

Every decision to refuse state registration of a facility must specify the grounds for refusal and the factual circumstances confirming the existence of such grounds.

However, if the market operator remedies the causes that formed the basis for the refusal of state registration of the facility, they are entitled to reapply to the territorial body of the State Service for Food Safety and Consumer Protection with an application for state registration of such a facility.

We would also like to emphasise that the market operator is obliged, within 10 working days, to notify the territorial body of the State Service of Ukraine for Food Safety and Consumer Protection of any changes in its activities that necessitate amendments to the Register, as well as of the cessation of use of the facility.

Source: State Service of Ukraine for Food Safety and Consumer Protection