Required Report - public distribution

**Date:** 8/16/2007

**GAIN Report Number:** EZ7006

EZ7006

**Czech Republic**

**FAIRS Country Report**

**Annual**

**2007**

**Approved by:**

![](media/image1.wmf)Quintin Gray

U.S. Embassy

**Prepared by:**

Petra Hrdlickova

**Report Highlights:**

Sections Updated: I. Food Laws, III. Packaging and Container
Requirements, V. Pesticide and Other Contaminants, VIII. Copyright
and/or Trademark Laws, Appendices I-II listing of professional contacts.
It is recommended to read the EU Food and Agricultural Import
Regulations and Standards report (E47056
http://useu.usmission.gov/agri/fairs.html) because the Czech Republic, a
member of the European Union, follows the EU directives and regulations.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Prague \[EZ1\]

\[EZ\]

Table of Contents

[SECTION I. FOOD LAWS 3](#section-i.-food-laws)

[A. Food Act 4](#a.-food-act)

[B. Wine Act 6](#b.-wine-act)

[C. Veterinary Act 6](#c.-veterinary-act)

[D. Organic Production Act 7](#d.-organic-production-act)

[E. Food Law Enforcement 7](#e.-food-law-enforcement)

[SECTION II. LABELING REQUIREMENTS
7](#section-ii.-labeling-requirements)

[A. General Requirements 7](#a.-general-requirements)

[B. Nutritional Labeling Requirements
9](#b.-nutritional-labeling-requirements)

[C. Labeling of Organic Products 9](#c.-labeling-of-organic-products)

[D. Labeling of Food for Special Diet
9](#d.-labeling-of-food-for-special-diet)

[SECTION III. PACKAGING AND CONTAINER REGULATIONS
10](#section-iii.-packaging-and-container-regulations)

[SECTION IV. FOOD ADDITIVE REGULATIONS
11](#section-iv.-food-additive-regulations)

[SECTION V. PESTICIDE AND OTHER CONTAMINANTS
11](#section-v.-pesticide-and-other-contaminants)

[SECTION VI. OTHER REGULATIONS AND REQUIREMENTS
11](#section-vi.-other-regulations-and-requirements)

[A. Registration 11](#a.-registration)

[B. Testing and Certification 12](#b.-testing-and-certification)

[C. Inspection 12](#c.-inspection)

[SECTION VII. OTHER SPECIFIC STANDARDS
12](#section-vii.-other-specific-standards)

[SECTION VIII. COPYRIGHT AND/OR OTHER TRADEMARK LAWS
12](#section-viii.-copyright-andor-other-trademark-laws)

[SECTION IX. IMPORT PROCEDURES 13](#section-ix.-import-procedures)

[APPENDIX I. GOVERNMENT REGULATORY AGENCY CONTACTS
14](#appendix-i.-government-regulatory-agency-contacts)

[APPENDIX II. OTHER IMPORT SPECIALIST CONTACTS
15](#appendix-ii.-other-import-specialist-contacts)

Disclaimer: This report was prepared by the Office of Agricultural
Affairs of the USDA/FAS (in Vienna, Austria) for U.S. exporters of
domestic food and agricultural products. While every possible care was
taken in the preparation of this report, information provided may not be
completely accurate either because policies have changed since its
preparation, or because clear and consistent information about these
policies was not available. It is highly recommended that U.S. exporters
verify the full set of import requirements with their foreign customers,
who are normally best equipped to research such matters with local
authorities, before any goods are shipped. **FINAL IMPORT APPROVAL OF
ANY PRODUCT IS SUBJECT TO THE IMPORTING COUNTRY\'S RULES AND REGULATIONS
AS INTERPRETED BY BORDER OFFICIALS AT THE TIME OF PRODUCT ENTRY.**

# SECTION I. FOOD LAWS

On May 1, 2004, the Czech Republic became a member of the European Union
(EU), and all EU Regulations and Decisions apply directly. An exporter
from a third country must be familiar with Czech food laws and EU's
regulations and decisions, which overrule Czech legislation. Regulations
apply for a member country immediately, but an individual is responsible
for complying with the regulation as soon as it appears in the Czech
language in the EU's Official Journal or in the Czech Collection of
laws. A food industry area, not regulated by the EU, so called
"non-harmonized" area, may be regulated by every member state; however,
this regulation cannot restrict free movement of goods. According to
Directive 98/34/EC the European Commission sends notifications of
legislation proposals by a member state to other member states for their
comments. This report provides summary information on the Czech food
legislation.

For FAIRS report for the whole EU, please look at recent EU report:

<http://www.fas.usda.gov/gainfiles/200707/146291677.doc>

All EU regulations and directives can be obtained at the following web
page:

<http://europa.eu.int/eur-lex/en/>

All acts in Czech language can be found on the Ministry of Interior web
page: [www.mvcr.cz](http://www.mvcr.cz/)

The Czech food legislation reflects EU Parliament and Council Regulation
178/2002. As of January 2006, four EU Parliament and Council Regulations
will come back into force in the Czech Republic and are jointly referred
to as the "hygienic pack":

-   Regulation 852/2004 on hygienic conditions of food production,
    procession and distribution

-   Regulation 853/2004 on products of animal origin

-   Regulation 854/2004 on controls of products of animal origin

-   Directive 2002/99/ES laying down the animal health rules governing
    the production, processing, distribution and introduction of
    products of animal origin for human consumption

-   Directive 2004/41/ES repealing certain Directives concerning food
    hygiene and health conditions for the production and placing on the
    market of certain products of animal origin intended for human
    consumption and amending Council Directives 89/662/EEC and
    92/118/EEC and Council Decision 95/408/EC

In addition to these regulations following regulations are in force:

-   Regulation 882/2004 on controls of food and feed products

-   Regulation 183/2005 on feed hygiene** **

-   [Commission Regulation (EC) No
    2073/2005](http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32005R2073:EN:NOT)
    on microbiological criteria for foodstuffs, applicable from 1
    January 2006, lays down food safety criteria for certain important
    foodborne bacteria, their toxins and metabolites, such as
    salmonella, listeria, Enterobacter sakazakii, staphylococcal
    enterotoxins and histamine in specific foodstuffs. These criteria
    are applicable to products placed on the market during their entire
    shelf-life. In addition, the Regulation sets down certain process
    hygiene criteria to indicate the correct functioning of the
    production process.

-   Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying
    down implementing measures for certain products under Regulation
    (EC) No 853/2004 of the European Parliament and of the Council and
    for the organisation of official controls under Regulation (EC) No
    854/2004 of the European Parliament and of the Council and
    Regulation (EC) No 882/2004 of the European Parliament and of the
    Council, derogating from Regulation (EC) No 852/2004 of the European
    Parliament and of the Council and amending Regulations (EC) No
    853/2004 and (EC) No 854/2004

-   Commission Regulation (EC) No 2075/2005 of 5 December 2005 laying
    down specific rules on official controls for Trichinella in meat

-   Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying
    down transitional arrangements for the implementation of Regulations
    (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the
    European Parliament and of the Council and amending Regulations (EC)
    No 853/2004 and (EC) No 854/2004

> (+amendments regulations 1662/2006; 1663/2006; 1664/2006, 1665/2006;
> 1666/2006)

Most important laws and regulations regarding food:

-   Act on foodstuffs and tobacco products 110/1997 (Food Act)

-   Act on viticulture and wine growing 321/2004 (Wine Act)

-   Act 166/1999 on veterinary care (Veterinary Act)

-   Act on feeds 91/1996

-   Act on GMO 78/2004

-   Act 242/2000 on organic production

-   Acts on protection of public health 20/1966 and 258/2000

-   Act on Czech Agricultural and Food Inspection Authority 146/2002

-   Act on Central Institute for Supervising and Testing in Agriculture
    (CISTA) 147/2002

-   Act on state control 552/1991

-   Act on State Phytosanitary Administration 326/2004

-   Act on consumer protection 634/1992

## A. Food Act 

Food Act 110/1997 is amendmended by acts: 166/1999, 119/2000, 306/2000,
146/2002, 131/2003, 274/2003, 94/2004, 316/2004, 558/2004, 392/2005,
444/2005 and 229/2006.

Act 456/2004 summarizes Act 110/1997 and its amendments 119/2000,
306/2000, 146/2002, 131/2003, 274/2003, 94/2004 and 316/2004. However,
it does not have any legal force.

The act regulates requirements related to:

-   hygiene and sanitary condition of food production

-   general requirement related to food, additives, foods for special
    diet, irradiation of food

-   classification of slaughter animals

-   packaging of food

-   food labeling

-   placing food on the market

-   transportation of food and tobacco products

-   the system of official control of food

-   penalties for not meeting the requirements

Basically, imported food products have the same status as domestically
produced products according to food act 110/1997 and amendments and
decrees.

Ministry of Agriculture decrees connected to the Food Act 110/1997:

-   329/1997 amended by 418/2000 on starch and products from starch,
    pulses, oilseeds

-   330/1997 amended by 91/2000 and 78/2003 on tea, coffee and products

-   331/1997 amended by 419/2000 on spices, salt, dehydrated products,
    additives, mustard

-   333/1997 amended by 93/2000 and 268/2006 on pasta, bakery products

-   335/1997 amended by 45/2000, 57/2003 and 289/2004 on non-alcoholic
    beverages and concentrates, fruit wines, other wines, beer, spirits

-   147/1998 amended by 196/2002 and 161/2004 on critical points (HACCP)

-   326/2001 amended by 264/2003 on products of animal origin (meat and
    products, fish and seafood, eggs and products from eggs)

-   76/2003 amended by 43/2005 on natural sweeteners, honey, cocoa,
    chocolate, confectionary products

-   77/2003 amended by 124/2004 and 78/2005 on milk and dairy products,
    ice cream, oils and fats

-   157/2003 amended by 650/2004 on fresh fruit and vegetables,
    processed fruit and vegetables, dried fruit and nuts, mushrooms,
    potatoes and products

-   344/2003 on tobacco products

-   194/2004 amended by 324/2005 on product classification

-   211/2004 amended by 611/2004, 238/2005 and 459/2005 on testing
    methods and sampling

-   212/2004 amended by 320/2004 on stock information and reporting
    methods

-   113/2005 amended by 368/2005, 497/2005 and 101/2007 on food labeling

-   366/2005 on requirements related to some of the frozen foodstuffs

Ministry of Health decrees connected to the Food Act 110/1997:

-   296/1997 on epidemiological risks in foodstuffs

-   273/2000 amended by 106/2002 and 44/2004 on maximum limits of
    veterinary medications and biologically active substances used in
    the animal production in foodstuffs

-   54/2002 amended by 318/2003, 270/2005 and 514/2006 on identity and
    purity of additives

-   475/2002 on certification for mushrooms

-   54/2004 on foods for special diet

-   133/2004 on food irradiation

-   158/2004 amended by 68/2005 and 400/2006 on maximum residue limits
    for pesticides in foodstuffs

-   275/2004 amended by 404/2006 on packaged water

-   304/2004 amended by 152/2005 and 431/2005 on conditions of using
    food additives

-   305/2004 on contaminants and toxins

-   450/2004 on nutritional value

-   446/2004 on food supplements

-   447/2004 on aromatic additives

## B. Wine Act 

Act on Viticulture and Wine Growing 321/2004 defines wine appellations,
conditions for opening new vineyards, wine production, sets requirements
for production, stocks registration, labeling, and defines wine
varieties. Conditions for import are in the European Council Regulation
883/2001.

There are three decrees connected to the wine act: decree 323/2004
amended by 437/2005 specification of the wine act, 324/2004 on wine
appellations and 97/2006 on support of wine sales and development of the
tourism in the area of the viticulture.

The Czech Republic is included in the wine-growing zone A, which means a
transitional period for full harmonization with the EU wine sector will
be applied. The first exception is for vineyard plantings up to 2008 in
order to increase vineyard areas to the level of 1989, and the second
exception concerns the introduction of domestic seedlings on the Czech
market until 2011.

The following are traditional varieties of grapes for white wines:
"Veltlinske" (Veltliner 13% of total vineyard area), "Muller Thurgau"
(17%), "Ryzlink Vlassky" (Welschriesling 13%), "Ryzlink Rynsky"
(Rheinriesling 5%).

The following are traditional varieties of grapes for red wines:
"Svatovavrinecke" (Saint Laurent 10%), "Frankovka" (Lemberger,
Blaufrankisch 5%), "Zweigeltrebe" (2%), "Modry Portugal" (Blauer
Portugieser 1%), "Andre" (1%).

## C. Veterinary Act 

Veterinary act 166/1999 amended by acts 29/2000, 154/2000, 102/2001,
120/2002, 76/2002, 320/2002, 131/2003, 316/2004, 444/2005, 48/2006,
309/2002 and 186/2006 deals with animal health issues, transportation of
animals, slaughter house conditions, conditions for meat processors,
animal diseases, veterinary control, and safety of foodstuffs of animal
origin.

The following decrees are connected to the veterinary act:

-   201/2003 amended by 651/2004 and 4/2007 on poultry and game

-   202/2003 amended by 375/2003, 201/2004, 652/2004, 232/2005 and
    4/2007 on fresh meat and products

-   203/2003 amended by 638/2004 and 4/2007 on milk and dairy products

-   290/2003

-   291/2003 amended by 232/2005 and 375/2006

-   295/2003

-   296/2003 amended by 610/2004, 330/2005, 8/2007 and 134/2007

-   298/2003

-   299/2003 amended by 356/2004, 389/2004, 214/2005 and 36/2007

-   329/2003

-   372/2003 amended by 164/2005

-   373/2003 amended by 164/2005 and 375/2006

-   374/2003 amended by 232/2005 and 498/2005

-   375/2003 amended by 639/2004 and 375/2006 specifying some
    requirements in Act 166/1999 on products of animal origin

-   376/2003 amended by 259/2005 and 375/2006

-   377/2003 amended by 259/2005

-   378/2003 amended by 122/2005

-   379/2003 amended by 375/2006

-   380/2003 amended by 155/2006

-   381/2003 amended by 201/2004 and 375/2006 on fish and other products
    of aquaculture

-   382/2003 amended by 260/2005 and 156/2006

-   202/2004

-   356/2004

-   389/2004

-   610/2004

## D. Organic Production Act 

Act on organic production 242/2000 sets conditions for registration,
requirements on production, labeling, import, and control system.
Importers of bio products (products from organic farming) must deliver a
certificate of organic origin of the product to the control body and to
the person who places product on the market (e.g. retailer).

In February 2000, an equivalency agreement between the Czech Republic
and the EU was established. According to Commission Regulation
2589/2001, Czech Republic appeared on the list of third countries
allowed to export to the EU. All Czech organic products are treated
equally in the EU according to Council Regulation 2092/91.

Commission Regulation 1788/2001 from September 2001 set conditions for
import certificates from third countries based on Article 11 of Council
Regulation 2092/91 on organic products.

## E. Food Law Enforcement

Basic EU legal regulation for official controls on foodstuffs and
feedingstuffs, animal health and animal welfare is Regulation (EC) No
882/2004.

According to Food Act 110/1997 four government bodies are responsible
for control and enforcement of laws connected to food:

Under the Ministry of Health:

-   Offices of Public Health Protection, Act 258/2000 on protection of
    public health

Under the Ministry of Agriculture:

-   State Veterinary Administration with 14 regional offices, Veterinary
    act 166/1999

-   The Czech Agriculture and Food Inspection Authority (CAFIA), Act
    146/2002 on CAFIA

-   Central Institute for Supervising and Testing in Agriculture
    (CISTA), Act 147/2002

On April 1, 2005 the new Food Authority was established as a part of the
organisational structure of the Ministry of Agriculture according to
government resolution No. 986/2004. Its main task is to cover the entire
food related area (production, trade, legislation, food safety and
quality). The related tasks are to carry out the nation's food industry
strategy as defined by the Ministry of Agriculture for 2004 -- 2013 and
Strategy to Assure Food Safety in the Czech Republic after accession to
the EU adopted by Government Resolution No. 1277/2004.

# SECTION II. LABELING REQUIREMENTS

## A. General Requirements

Food law 110/1997 (paragraphs 6,7, and 8) including all its amendments
(list in part I.) and directive 113/2005 provide general rules for food
labeling. Special commodity directives (listed in part I.) provide more
detailed information for labeling of these commodities.

1\. Information that must appear on the label:

-   name of the product and category (e.g. dried, frozen, concentrated,
    smoked, etc.)

-   name and address of producer or importer

-   country of origin

-   net weight

-   expiration date: day/month/year (if it is less than three months a
    year does not have to be listed, if it is over three months a day
    does not have to be listed); exceptions that do not require
    expiration date: fresh fruit/vegetables, spirits, wine, bakery
    products with usual shelf life of 24 hours, salt, natural sweeteners
    besides powder sugar, chewing gum, and vinegar

-   storage conditions, where necessary, whether they can influence
    duration of the food (e.g. frozen fish keep in --6C a week, -12C a
    month, -18C 12 months), if conditions change after opening a special
    expiration date for after opening has to on the label (e.g. use by
    5/05, after opening keep refrigerated for 1 month)

-   instructions for use

-   list of ingredients by the amount in food, if some ingredient
    consists of others that has over 25% share on total product weight,
    a detailed list of ingredients with percentage has to be in brackets
    following the general category (e.g. dried soup: dehydrated meat
    30%, pasta 20%, vegetables 30% (carrots 10%, parsley 10%, onion
    10%), salt 5% etc.), if salt's share on total product weight exceeds
    2.5% its content has to be in percent.

-   information on irradiation of food

-   if the products is for special diet it has to be on the label

-   quality category

Labeling of novel foods must be in compliance with EU regulations:
Regulation of the European Parliament and Council 258/1997, Commission
Regulation 49/2000, Commission Regulation 50/2000, and Commission
Regulation 1830/2003 on traceability and labeling.

2\. The label has to be in Czech language, and must be visible, legible
and understandable.

3\. Standard U.S. label is not sufficient for being placed on the Czech
market.

4\. Stick-on labels in Czech are widely used on imported products; the
text on the original and Czech translation has to be identical.

5\. The Czech Agriculture and Food Inspection Authority (CAFIA) and the
State Veterinary Administration are the authorities for enforcing
labeling requirements. CAFIA takes into account a general appearance of
the label, if it is not in any way misleading. Czech label must be on
the product for customs clearance, in other words before it enters the
market.

6\. Food samples do not have to be labeled. Products for the food sector
have to labeled like products for the end consumer, but not their
packaging, which only has to carry name of the product, expiration date,
quality category, irradiation information. Other information from the
label on products inside this package has to be in the documentation.

7\. Czech recommended daily (RDI) intake is treated in directive 54/2004
product for special diet and directive 304/2004 on food additives.

8\. There are no special shelf life or country-of-origin requirements.

9\. The Ministry of Health may grant an exception for use of an additive
that is not listed in decree 304/2004 on additives.

## B. Nutritional Labeling Requirements 

Decree 113/2005 amended by decrees 368/2005, 497/2005 and 4/2007 on
labeling of food also covers requirements regarding nutritional
labeling. It lists claims that are forbidden to appear on the label:

-   this product is a source of all necessary nutrients unless it
    concerns food for special diet

-   regular foodstuffs do not contain necessary quantities of nutrients,
    which is present in this product

-   this product has a higher or special nutritional value as a result
    of use of additives without a regular nutritional testing

-   this products has special characteristics because similar food has
    the same characteristics

-   this food is appropriate for prevention or cure of some health
    problem unless it is a product for special diet

-   words containing "eco", "bio" unless the products comes from organic
    farming

-   words "home made", "fresh", "live", "natural", "real", "rational"
    unless this word is part of the name of a product category according
    to special regulation

-   food for special diet unless it was approved by the Ministry of
    Health for this purpose

Decree 450/2004 on labeling of nutritional information includes labeling
of nutritional value such as content of protein, carbohydrates, fat,
fibers, minerals and vitamins. It contains a list of recommended daily
intake (RDI) of vitamins and minerals, requirements on health statements
such as "could cause allergic reaction" etc., methods for setting
nutritional value, information on calculation of total dietary fiber
etc.

1\. Nutritional labeling is mandatory.

2\. Claims such as light are permitted on drinks and tobacco products
under certain conditions.

3\. Implied claims such as "you would not believe that something so
light could taste so good" are not strictly forbidden but are not
recommended since they are misleading.

4\. Prohibited health claims are listed above, otherwise they are not
recommended.

## C. Labeling of Organic Products

Products of plant and animal origin certified by a control body have on
the label word "bio", identification code of the control body and if
possible a graphic symbol. Products that are not certified may not use
word "bio" on the label. In case of transitional period (lasting at
least 12 months), product of plant origin has on the label "product from
transitional period into organic farming" in letters smaller than in
words "ecological farming".

Foods containing at least 95% of bio products and bio additives and that
are certified by a control body have on the label word "bio",
identification number of a control body, and a graphic symbol if
possible.

Labels of bio products may not contain any claim that the product has
higher nutritional value or any other health claim.

## D. Labeling of Food for Special Diet

Decree 54/2004 lists foods for special diet (baby food, low sodium diet,
low calories diet, low protein content, supplements for sportsmen, etc.)
and conditions for labeling. Labeling on food for special diet may not
contain health claims, words "diet" or "dia" unless it in connection
with a special diet.

[E. Labeling of Food and Feed Containing, Consisting or Produced from
Genetically Modified Organisms (GMOs)]{.underline}

Czech act 78/2004 and decree 209/2004 on handling GMOs sets the
conditions for contained use, field tests, placing on the market, and
requirements for applications for registration, risk assessment,
labeling requirements, and a plan for handling accidents. The Act
78/2004 implements Directive
[**2001/18/EC**](http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Directive&an_doc=2001&nu_doc=18)
of the European Parliament and of the Council of 12 March 2001 on the
deliberate release into the environment of genetically modified
organisms and repealing Council Directive 90/220/EEC. Amendment of the
above mentioned Act is valid since 2005 -- the Act 346/2005.

EU regulation No 1829/2003 of the European Parliament and of the Council
on genetically modified food and feed lay down Community procedures for
the authorization and supervision of genetically modified (GM) food and
feed and also lay down provisions for the labeling of GM food and feed.

EU regulation No 1830/2003 of the European Parliament and of the Council
concerning the traceability and labeling of genetically modified
organisms and traceability of food and feed products produced from GMOs
and amending Directive 2001/18/EC. This Regulation provides a framework
for the traceability of products consisting of or containing GMOs, and
food and feed produced from GMOs, with the objectives of facilitating
accurate labeling monitoring the effects on the environment and, where
appropriate, on health, and the implementation of the appropriate risk
management measures including, if necessary, withdrawal of products.

-   Even products with no detectable protein (e.g. oil) must be labeled
    if they are produced from GMOs. The threshold for labeling is \>
    0.9% of particular GMO. Labeling must contain words "genetically
    modified" or "produced from genetically modified soy/corn etc." as
    part

of the ingredient list concerned with label/tag. Also unique identifiers
of particular GMOs should be included on the label/tag.

# SECTION III. PACKAGING AND CONTAINER REGULATIONS 

A. Act 477/2001 on packaging amended by 274/2003, 94/2004, 237/2004,
257/2004, 444/2005 and 66/2006 and decrees, specifies requirements on
packaging materials:

-   116/2002 on labeling of refundable packaging materials

-   641/2004 on methods of registration and evidence of packaging

Government regulation 111/2002 sets refund levels for various refundable
materials.

There are no special packaging requirements or container size
requirements.

B. Companies that put food in packages are obligated to collect used
packaging according to Act 477/2001. The Act sets criteria for
"authorized packaging material companies" that are responsible for
collection and use of used materials. Attachment two of Act 477/2001
specifies conditions for recyclable materials and then system of
collection.

C. Decree 38/2001 amended by 186/2003, 207/2006 and 551/2006 on
conditions for hygiene of products that come into contact with food sets
detailed requirements for packaging materials for food products and
specifies act 258/2000 on public health protection. The decree lists
maximum limits of chemical substances that may be used in the packaging
material, so that it does not contaminate food.

# SECTION IV. FOOD ADDITIVE REGULATIONS

Three decrees regulate use of food additives: 54/2002, amended by
318/2003, 270/2005 and 514/2006 on identity and purity of additives,
304/2004 on kinds and conditions for use of additives in food and
447/2004 on kinds and conditions for use of aroma essences in food.
Authorities keep both positive lists with allowed additives and a
negative list with products that are not additives (e.g. vitamins,
minerals, pesticides, etc.). Both lists are in the above-mentioned
decrees in Czech only.

If an imported product contains an additive, which is not on the list,
Ministry of Health may give an exception after testing the product by
the State Health Institute.

######### 

# SECTION V. PESTICIDE AND OTHER CONTAMINANTS

The maximum content of toxins, myco-toxins, metals, histamines and
similar substances, which can be found in food products and other
conditions connected to health standards of food products are regulated
by decree 305/2004.

The pesticide residue list is positive. Permitted pesticides and their
limits are stated in decree 158/2004 on maximum residue limits for
pesticides in foodstuffs. According to Act 326/2004 on State
Phytosanitary Administration (SPA) (amended by 626/2004, 444/2005 and
131/2006) and decree 329/2004 on plant protection products (pesticides)
(amended by 371/2006) all allowed pesticides must be in the central
register of the State Phytosanitary Administration. Act 326/2004 also
sets requirements for plant protection with regard to food production.

A list of approved pesticides can be found on the web page of SPA:
[www.srs.cz](http://www.srs.cz/) (on the left side "register").

Another important decree connected to contaminants is decree 273/2000
amended by 106/2002 and 44/2004 on maximum limits of veterinary
medications and biologically active substances used in the animal
production in foodstuffs.

# SECTION VI. OTHER REGULATIONS AND REQUIREMENTS

## A. Registration

According to the Food Act 110/97, all food processors and importers have
to be registered by the Czech Agriculture and Food Inspection Authority
(CAFIA) and products of animal origin also have to be registered by the
State Veterinary Administration. According to the Act on CAFIA 146/2002
and the Veterinary Act 166/1999, the CAFIA or SVA must visit the company
and take samples of products a few days after registration. If products
comply with the legislation requirements, CAFIA or SVA pay for the
samples. If products do not comply, CAFIA or SVA do not reimburse the
producer or importer for samples. There is no laboratory fee.

Food products imported from third countries (outside the EU), do not
have to be certified with an exception for fresh fruit and vegetables,
dried fruit and nuts, and mushrooms. These products have to be certified
by CAFIA.

## B. Testing and Certification

Products imported from the U.S. do not need to be tested (apart from
fresh fruit and dried fruit and nuts). However, if a product contains
over 0.9% of biotech content, it must be labeled. Most retailers require
a certificate from an importer that states the product is "GMO free"
(less than 0.9%, without a label). The importers of U.S. products must
take a sample of each product to the Research Institute for Plant
Production and consult with specialists regarding which ingredients
could contain biotech content. The importer must then take "suspicious"
products to the Central Institute for Control and Testing in Agriculture
for tests on biotech content. The process takes 1-2 months and costs
5,000 CZK (\$192) per product. If a product contains less then 0.9%
biotech content it will be granted a certificate that states it does not
contain "GMOs", if the content is over 0.9% biotech content and if the
biotech product is approved, the product must be labeled. Various
voluntary certificates (HACCP, ISO, export certificate for the U.S.
market -- veterinary products) are often used as marketing tools.

## C. Inspection

The Czech Agriculture and Food Inspection Authority made 23,076 random
inspections in 2004, out of which 54% were in retail, 38% in production,
and 7% in warehouses. 4,310 samples did not meet requirements, out of
which 69% were imported products and 31% were domestic products.

The following samples did not meet requirements:

-   microbiological requirements 917 samples

-   residues 195

-   labeling 1,548

-   quality analytical requirements 676

-   quality sensor requirements 1,486

Samples that did not meet requirements by commodity:

-   fresh vegetables 649 samples

-   fresh fruit 469

-   confectionary products 455

-   wine 354

-   meat and products 386

-   deli products 321

# SECTION VII. OTHER SPECIFIC STANDARDS

All specific acts and degrees are discussed in relevant sections.

# SECTION VIII. COPYRIGHT AND/OR OTHER TRADEMARK LAWS

Trademarks and brand names are protected by the following acts:

-   14/1993 on industrial property protection (amended by 417/2004)

-   441/2003 on trademarks (amended by 501/2004 and 221/2006) and decree
    97/2004 on trademarks

-   452/2001 on protection of geographical location indication (amended
    by 131/2003, 501/2004 and 221/2006)

-   206/2000 on protection of biotechnology inventions

-   408/2000 on protection of rights to plant varieties (amended by
    147/2002, 149/2002, 219/2003, 377/2005, 554/2005 and 444/2005)

Trademarks can be registered at the Industrial Property Institute
(contact in the list of contacts).

# SECTION IX. IMPORT PROCEDURES

EU's import regulations apply for import to the Czech Republic. EU's
requirements for import of products of veterinary origin may be found in
English on the web page of the State Veterinary Administration:

<http://www.svscr.cz/dokumenty/eu/dovoz/dovoz_en.html>

Tariff schedule of the EU applies for products imported to the Czech
Republic. The rates are on this web page:

<http://europa.eu.int/comm/taxation_customs/dds/cgi-bin/tarchap?Lang=EN>

Products can be cleared through customs by entering the EU (e.g.
Hamburg) or in the Czech Republic. Both systems are very quick.
Specialized companies take care of the import procedures for importers.

# APPENDIX I. GOVERNMENT REGULATORY AGENCY CONTACTS

USDA/FAS:

American Embassy

Ms. Petra Hrdlickova

Agricultural Specialist

Trziste 15

118 01 Praha 1

Tel: +420-257-022-393

Fax: +420-257-022-803

E-mail: [petra.hrdlickova@usda.gov](mailto:petra.choteborska@usda.gov)

[www.usembassy.cz](http://www.usembassy.cz/)

Czech Government Contacts:

Trade Policy:

Ministry of Agriculture

Trade and 3^rd^ Countries Relations Department

Ms. Marta Tepla

Head of Department

Tesnov 17

117 05 Praha 1

Tel: +420-221-812-736

Fax: +420-221-812-965

E-mail: <tepla@mze.cz>

[www.mze.cz](http://www.mze.cz/)

Food Safety:

Ministry of Agriculture

Food Safety, Environment Development

and Pollution Prevention Department

Ms. Klara Zuzankova

Head of Department

Tesnov 17

117 05 Praha 1

Tel: +420-221-812-424

Fax: +420- 221-812-965

E-mail: Klara.zuzankova@mze.cz

[www.mze.cz](http://www.mze.cz/)

Food Production and Legislation:

Ministry of Agriculture

Food Production and Food Legislation Department

Mr. Jindrich Fialka

Head of Department

Tesnov 17

117 05 Praha 1

Tel: +420-221-812-465

Fax: +420-224-810-652

E-mail: [jindrich.fialka@mze.cz](mailto:skopek@mze.cz)

[www.mze.cz](http://www.mze.cz/)

Wine Legislation:

Ministry of Agriculture

Plant Production Commodities Department

Mr. Antonin Kralicek

Head of Division for Wine

Tesnov 17

117 05 Praha 1

Tel: +420-221-812-104

Fax: +420-222-812-367

E-mail: <kralicek@mze.cz>

[www.mze.cz](http://www.mze.cz/)

Legislation on Biotechnology:

Ministry of Environment

Environmental Risks Department

Ms. Zuzana Doubkova

GMO Specialist

Vrsovicka 65

100 10 Praha 10

Tel: +420- 267-122-922

Fax: +420- 267-310-013

######### E-mail: [**doubkova@env.cz**](mailto:doubkova@env.cz)

[www.env.cz](http://www.env.cz/)

######### Exceptions in Food Additives:

Ministry of Health

Dr. Michael Vit

Deputy Minister and Chief Hygienist for the CR

Palackeho nam. 4

128 01 Praha 2

Tel: +420-224-972-431

Fax: +420-224-915-996

E-mail: <michael.vit@mzcr.cz>

[www.mzcr.cz](http://www.mzcr.cz/)

######### 

######### State Health Institute

Center for Hygiene in Food Chain

Dr. Jiri Ruprich

Chief Hygienist

Palackeho 1-3

612 42 Brno

Tel: +420-541-211-764

E-mail: <jruprich@chpr.szu.cz>

[www.szu.cz](http://www.szu.cz/)

# APPENDIX II. OTHER IMPORT SPECIALIST CONTACTS

Plant Health and Pesticides:

State Phytosanitary Administration

Department for Plant Protection Products

Mr. Stepan Kuzma

Head of Department

Zemedelska 1a

613 00 Brno

Tel: +420-545-137-039

Fax: +420-545-137-031

E-mail: <stepan.kuzma@svs.cz>

[www.svs.cz](http://www.svs.cz/)

Animal Health, Meat Inspection and Import Certificates:

State Veterinary Administration of the Czech Republic

Dr. Milan Malena

General Director (CVO)

Selzska 7

120 56 Praha 2

Tel: +420-227-010-142 or 143

Fax: +420-227-010-191

E-mail: <m.malena@svscr.cz>

[www.svscr.cz](http://www.svscr.cz/)

Food Inspection (other than veterinary):

Czech Agriculture and Food Inspection Authority

Department for Control, Laboratories and Certification

Mr. Martin Klanica

Head of Department

Kvetna 15

603 00 Brno

Tel: +420-543-540-211

Fax: +420-543-540-210

E-mail: <Martin.Klanica@szpi.gov.cz>

[www.szpi.gov.cz](http://www.szpi.gov.cz/)

GMO Product Certification:

Central Institute for Control and Testing in Agriculture (UKZUZ)

Mr. Jaroslav Stana

Director

Hroznova 2

656 06 Brno

Tel: +420-543-548-271

E-mail: <jaroslav.stana@ukzuz.cz>

[www.ukzuz.cz](http://www.ukzuz.cz/)

Control and Certification of Organic (Bio) Products:

KEZ (Control of Ecological Farming)

Certification Department

Ms. Jana Bauerova

Head of Department

Podebradova 909

537 01 Chrudim

Tel: +420-469-622-249

Fax: +420-469-622-249

E-mail: <jana.bauerova@kez.cz>

[www.kez.cz](http://www.kez.cz/)

Trademark Office:

Industrial Property Office

Mr. Karel Cada

Chairman

Antonina Cermaka 2a

160 68 Praha 6

Tel: +420-224-313-245

Fax: +420-224-313-249

E-mail: <kcada@upv.cz>

[www.upv.cz](http://www.upv.cz/)

Civic Association for Promotion of Biotechnology:

Biotrin

Prof. Jaroslav Drobnik

Director

Vinicna 5

128 44 Praha 2

Tel: +420-221-953-405

Fax: +420-224-918-862

E-mail: <j.drobnik@atlas.cz>

[www.biotrin.cz](http://www.biotrin.cz/)