LAW OF UKRAINE  
On the Peculiarities of the Legal Protection of 
Geographical Indications for Agricultural Products and 
Foodstuffs, Protection of Rights and Application of Quality 
Schemes, including Traditional Specialities Guaranteed for 
Agricultural Products and Foodstuffs  
Section I. GENERAL PROVISIONS  
This Law defines the legal and organizational principles of quality schemes for 
agricultural products and foodstuffs, specifics of preparation for registration, registration, use, 
and protection of geographical indications for agricultural products (agricultural commodities) 
and foodstuffs, control over such geographical indications, as well as legal principles of 
protecting traditional specialities guaranteed, including prepar ation for their registration, their 
registration, use, protection, and control.  
Article 1.  Terms and definitions  
1. In this Law, the terms listed below shall have the following meanings:  
1) expert commission shall mean a commission, formed by the specially authorized body, 
to review and approve product specifications and applications for registering traditional 
specialties guaranteed;  
2) production stage shall mean producing (extracting), processing, and preparing 
agricultural products and foodstuf fs; 
3) unified document shall mean a document related to geographical indication, containing 
main provisions of specification and a description of a product’s relationship with the 
geographical environment or the geogr aphical place of the product’s origin;  
4) application shall mean a set of documents required to register a geographical indication 
or traditional speciality guaranteed;  
5) applicant shall mean an association of persons or a person who applied for the approval 
of the specification in order to s ubmit an application to register a geographical indication or a 
traditional speciality guaranteed and/or submitted the relevant application;  
6) labelling shall mean words, descriptions, signs for products and services (trademarks), 
graphic images or symbol s relating to agricultural products (agricultural  commodities) and 
foodstuffs, which are placed on any packaging, label (sticker), or bottle collar, and in case of 
2 
 
no packaging, included in a document or message accompanying the related product or 
referrin g to it;  
7) NIPA shall mean the National Intellectual Property Authority as used in the Law of 
Ukraine "On Legal Protection of Geographical Indications";  
8) association of persons shall mean an assembly two or more persons, regardless of the 
organizational and legal form or composition of the assembly;  
9) market operator shall mean a natural or legal person who is a producer (manufacturer 
or processor) of agricultural products (agricultural commoditie s) and/or foodstuffs, or any other 
person w ho claims to be a producer and carries out pri mary production or production of 
agricultural products (agricultural commodities) and/or foodstuffs. Market operators also 
include persons who carry out activities with or without the purpose of making a profit  and 
circulate agricultural products (agricultural commodities) and/or foodstuffs  (distributors), as 
well as persons who store such products for the specified purposes;  
10) certification body shall mean an enterprise, institution, organization or their str uctural 
subdivision that carries out certification activities according to this Law;  
11) list of users shall mean a collection of data about market operators who use 
geographical indications or traditional specialities guaranteed for agricultural products and 
foodstuffs, as well as special quality indicators submitted by relevant market operators to the 
specially authorized body, summarized and made public by this body in an electronic format;  
12) processed foodstuff shall mean a foodstuff obtained by proce ssing an unprocessed 
foodstuff, which involves any process that significantly changes the primary foodstuff, 
including heating, smoking, canning, ripening, drying, pickling, extraction, extrusion, or a 
combination of these processes. The presence of ingred ients necessary for processing or giving 
the product special characteristics is allowed in the processed foodstuff;  
13) Register shall mean the State Register of Geographical Indications of Ukraine;  
14) Register of certification bodies shall mean informati on about certification bodies 
authorized to carry out product certification according to this Law;  
15) Register of traditional specialities guaranteed shall mean the State register of 
traditional specialities guaranteed, maintained in an electronic format by the specially 
authorized body;  
16) registration shall mean state registration of a geographical indication or traditional 
speciality guaranteed;  
17) certification shall mean the process of checking the product, for which the 
geographical indication or t raditional speciality guaranteed is registered, for its compliance 
with the product specification;  
18) specially authorized body shall mean a central executive body designated by the 
Cabinet of Ministers of Ukraine, which forms and implements the state agr arian policy, state 
agricultual policy, and state food security policy, and is empowered to approve product 
specification and amendments to it and control special qualities or other product characteristics 
regarding which geographical indications, traditio nal specialities guaranteed, and other quality 
schemes are applied, and is authorized to define the boundaries of geographical locations that 
special qualities or other characteristics are associated with, and producers of the specified 
products within the se geogra phical locations;  3 
 
19) product specification shall mean a collection of data about agricultural products 
(agricultural commodities) or foodstuffs for which a geographical indication or a traditional 
spaciality guaranteed is used;  
20) specific natur e of the product shall mean characteristic features of production that 
make it possible to clearly distinguish the product from other similar products of the same 
category;  
21) quality schemes shall mean the principles of recognition, legal protection, and  
application of geographical indications, names of the place of product origin, and traditional 
specialities guaranteed, as well as the use of mountain products and other special quality 
indicators, specified by this Law;  
22) traditional speciality guarant eed shall mean a name that identifies an agricultural 
product (agricultural commodity) or foodstuff, which shall meet all of the following criteria: 
has specific characteristics that, as a result of using traditional ingredients, traditional 
composition of  ingredients, and/or traditional production/processing technology, allow it to be 
clearly distinguished from other products of the same type; has been used in production and/or 
meets product specifications that have existed for at least 30 years prior to t he entry into force 
of this Law; meets the criteria for granting legal protection under this Law.  
 Other terms are used in this Law in the meanings given to them in the laws of Ukraine 
"On Legal Protection of Geographical Indications," "On Basic Principles  and Requirements for 
the Safety and Quality of Foodstuffs," "On State Control over Compliance with the Legislation 
on Foodstuffs, Sterns, By -products of Animal Origin, Health and Well -being of Animals," and 
current international agreements with Ukraine, c onsent to the binding nature of which was 
given by the Verkhovna Rada of Ukraine.  
Article 2.  Scope  
1. This Law shall extend to agricultural products and foodstuffs, intended for human 
consumption, and to other products related to them, specified in the fol lowing groups under 
UCGFEA, according to the Law of Ukraine "On the Customs Tariff of Ukraine":  
1) groups  01-04 section I;  
2) group  05 section I (only commodity subheading 0504 00 00 00, commodity heading 
0511, in particular, guts, bladders and stomachs of animals, whole and pieces, other than fish, 
fresh, chi lled, frozen, salted or in brine, dried or smoked; products of animal origin not 
elsewhere specified; dead animals of groups  01 or 03, unfit for consumption);  
3) groups  06-13 section II;  
4) group  15 chapter III (only commodity headings 1501, 1502, 1504, 1507, 1509, 1512, 
1517, commodity heading 1503 00, in particular, pig fat (including lard) and poultry fat, 
excluding fat in commodity headings 0209 or 1503;  fats of bovine animals, sheep or goats, 
excluding fat in commodity heading 1503; lard sterain, lard oil, oleosterain, oleo -oil and tallow 
oil, not emulsified, not mixed, not otherwise pre pared; fats and oils and their fractions of fish 
or marine mammals, whether or not refined, not chemically modified; soya -bean oil and its 
fractions, whether or not refined, not chemically modified: sunflower -seed, safflower or cotton -
seed oil and fractions thereof, whether or not refined, but not chemically modified; oliv e oil 
and its fractions, whether or not refined, but not chemically modified; margarine; mixtures or 
products of animal and vegetable fats, oils or their fractions, excluding fats, oils and their 
fractions in commodity heading 1516);  4 
 
5) group  16 section IV;  
6) group  17 section IV (excluding commodity heading 1704: sugar confectionery 
(including white cho colate) not containing cocoa);  
7) group  18 section IV (only commodity subheadings 1801 00 00 00 – cocoa beans, whole 
or broken, raw or roasted, 1802 00 00 00 – shells, skins (hus ks) and other cocoa waste);  
8) group  20 section IV;  
9) group  22 section IV (excluding natural minera l waters in commodity subheading 2201 
10, commodity headings 2204, 2205, 2207, 2208);  
10) group  23 section IV;  
11) group  24 section IV (only commodity heading 2401: unmanufactured tobacco; 
tobacco refuse);  
12) group  45 section IX (only commodity heading 4501: natural cork, raw or simply 
prepared; waste cork; crushed, granulated or ground cork);  
13) group  53 section XI (only commodity headings 530 1 and 5302: flax, raw or processed, 
but not spun; flax tow and waste (incl. yarn waste and garnetted stock); true hemp "Cannabis 
Sativa L.", raw or processed, but not spun; tow and waste of true hemp (incl. yarn waste and 
garnetted stock);  
14) chocolate an d other chocolate -based products; bread, ready -made grain, grain crops, 
and flour products, including cakes, pastries, cookies, flour confectionery; beverages based on 
plant extracts; pasta dough products, salt; natural gums, natural resins; mustard powder  and 
ready -made mustard; hay; essential oils; cork; cochineal; flowers and decorative greenery; 
cotton; wool; vegetable plaiting materials; flax, scutched flax; raw hides and skins, leather; 
natural fur; feathers.  
2. Relations between executive bodies, foo d market operators, and food consumers 
regarding the procedure for ensuring the safety and certain quality indicators of foodstuffs 
produced, in circulation, or imported (sent) to the customs territory of Ukraine and/or exported 
(sent) from it, are regulat ed by a separate law.  
Article 3.  Legislation on the protection of rights and application of quality schemes for 
agricultural products and foodstuffs  
1. Legislation on the legal and organizational principles of quality schemes for agricultural 
products and foodstuffs, peculiarities of the legal protection of geographical indications for 
agricultural products (agricultural commodities) and foodstuffs in Ukraine, and legal protection 
of traditional specialities guaranteed consists of the Law of Ukraine "On Leg al Protection of 
Geographical Indications," this Law, and other legislative acts issued in accordance with it.  
2. If this Law establishes rules other than those stipulated by the Law of Ukraine "On 
Legal Protection of Geographical Indications," the provisi ons of this Law shall be applied, 
taking into account its scope.  
3. If an international agreement with Ukraine, the binding nature of which has been agreed 
upon by the Verkhovna Rada of Ukraine, establishes rules other than those stipulated by this 
Law, th e rules of the international agreement shall be applied.  
Article 4.   Powers of the specially authorized body within the scope of this Law  5 
 
1. According to this Law, the specially authorized body:  
1) develops and adopts normative legal acts within the scope of powers defined by this 
Law;  
2) establishes the expert commission and ensures its functioning;  
3) ensures approval of the product specification and amendments to it;  
4) organizes the process of accepting applications for traditional specialities gu aranteed, 
their review, state registration, and publishing information about traditional specialities 
guaranteed;  
5) ensures control of special qualities or other characteristics of products for which 
geographical indications and traditional specialities g uaranteed are used;  
6) ensures that certification bodies are entered in the Register of certification bodies and 
maintains this Register;  
7) ensures the definition of the boundaries of geographical locations that special qualities 
or other characteristics are associated wit h, and producers of  the specified products within these 
geographical locations;  
8) ensures that the list of users and the Register of traditional specialities guaranteed are 
formed and maintained;  
9) appeals to the National accreditation body of Ukraine regarding established facts of 
violations committed by a certification body so that the National accredication body takes the 
required measures, specified in the legislation of Ukraine in the field of accreditation;  
10) intera cts with the National Intellectual Property Authority (hereinafter - NIPA) 
regarding the exercise of powers in accordance with this Law;  
11) approves requirements for the national symbol and the rules for its use;  
12) exercises other powers provided for by  this Law.  
Article 5.  Powers of the central executive body implementing state policy in the fields of 
safety and certain quality indicators of foodstuffs within the scope of this Law  
1. The central executive body implementing state policy in the fields of safety and certain 
quality indicators of foodstuffs:  
1) exercises state control over market operators’ compliance with the legislation within 
the scope of this Law; exercises state control over the work of certification bodies within the 
scope of this Law ; 
2) appeals to the specially authorized body with a written and substantiated request to 
consider excluding a certification body from the Register of certification bodies or excluding 
information from the list of users;  
3) analyzes and maintains statistic s on market operators’ compliance with the legislation 
within the scope of this Law;  
4) develops measures to improve the efficiency of market operators’ compliance with the 
legislation within the scope of this Law;  6 
 
5) at the request of the central executiv e body implementing state policy in the fields of 
safety and certain quality indicators of foodstuffs provides reports consisting of statistical 
information on market operators’ compliance with the legislation within the scope of this Law;  
6) exercises oth er powers provided for by this Law.  
Section II. PREPARATION FOR REGISTRATION AND 
REGISTRATION OF GEOGRAPHICAL INDICATIONS  
Article 6.  Geographical indications as a quality scheme, their types, and recognition 
criteria  
1. Quality schemes for geographical ind ications and names of places of origin of 
agricultural products or foodstuffs are schemes that include the principles of recognition, legal 
protection, and application of geographical indications and names of places of origin of 
products established by the  Law of Ukraine "On the Legal Protection of Geographical 
Indications" and this Law to ensure unified protection of names as objects of intellectual 
property rights and to inform consumers about the specifics of the product that form its added 
value.  
2. For  the purpose of this Law, a name that identifies a product originating from a certain 
geographical location, such as a part of a country, a settlement, a locality, etc., or, in exceptional 
cases, a country, is identified, granted legal protection to and us ed as a quality scheme for the 
name of the product’s place of origin.  
 The name identifying the product is recognized as the name of the product’s place of 
origin if the product originating from that geographical location has special qualities or 
propertie s that are exclusively or mainly attributable to the specific geographical environment 
with its inherent natural and human factors, provided that all stages of its production 
(manufacturing (extracting) and/or processing and/or preparation) are carried out  in a defined 
geographical area and in cases established by the third and fourth paragraphs of this section.  
The name of the geographical area of production is recognized as the name of the product’s 
place of origin if the raw materials for the product’s p roduction come from this geographical 
area or from another geographical area provided that another geographical area of production 
(extraction) of raw materials i s defined, ther e are special conditions in place for the production 
(extraction) of such raw m aterials and there is control over compliance with these conditions, 
or if the name of the place of the corresponding product’s origin was recognized in the country 
of origin before May 1, 2004. For the purpose of this clause, only live animals, meat, and milk 
are considered raw materials.  
The name of the product of animal origin is recognized as the name of the product’s place 
of origin, despite the use of animal feed in its production coming from a different geographical 
area than the geographical area of  the product’s production  provided that the special qualities 
or characteristics of the product, exclusively or mainly determined by the specific geographical 
environment, remain unchanged, and if the quantity of such raw materials does not exceed 50 
percent in dry matter per year. Additional requirements for raw materials and animal feed are 
approved by the specially authorized body.  
3. For the purpose of this Law, a name that identifies a product originating from a certain 
geographical location (country,  region as a part of a country, settlement, locality, etc.) and 
having a specific quality, reputation, or other characteristics essentially attributable to the 
geographical area of its origin is distinguished, granted legal protection to and used as a qual ity 
scheme for a geographical indication.  7 
 
4. The name is recognized as a geographical indication or the name of the product’s place 
of origin if it does not fall under the criteria for not recognizing the name of the product as a 
geographical indication.  
5. A name that is fully or partially homonymous with a geographical indication registered 
in Ukraine is allowed to be recognized as a geographical indication provided that it is used in 
good faith  locally and in a traditional way, a nd if such use does not allow for the possibility of 
different interpretation and misleading consumers about the true origin of the product. 
Homonymous geographical indications can be registered provided that during their use there 
is a difference between the current indication a nd the previously registered geographical 
indication without giving preference to one of the product’s producers and on the condition 
that the possibility of misleading consumers is excluded. A homonymous indication that 
correctly indicates the geographica l area of the product’s production but creates a false 
impression among consumers that the product is produced in another geographical area, can 
not be registered.  
Article 7. Criteria for non -recognition of a product name as a geographical indication  
1. A product name cannot be recognized as a geographical indication and is recognized as 
having grounds for refusing to grant legal protection if the name:  
1) does not comply with the conditions outlined in Article 6 of this Law;  
2) contradicts the public order  and the principles of humanity and morality;  
3) has become generic;  
4) correctly indicates the geographical area where the product is made but creates a false 
impression among consumers that the product is made in another geographical area; a 
homonymous name giving the consumer a misleading impression that the product originates 
from another territory shall not be registered even if the name exactly corresponds to the actual 
territory, region, or place of the relevant product’s origin;  
5) inclu des or reproduces the name of a plant variety or animal breed that may mislead 
consumers as to the true origin of the product. This clause does not apply if:  
the product contains the relevant plant variety or animal breed or originates from it;  
consumers a re not being misled  
the name of a plant variety or animal breed is used in good faith;  
the production and sale of the product have spread beyond the geographical area of its 
origin before the date of submitting the application to register the geographical indication;  
6) is identical or similar to the extent that it can be confused with a trademark, the rights 
to which are recognized in Ukraine, if, taking into account the reputation, fame, and duration 
of use of that trademark, such legal protection may mis lead consumers about the authenticity 
of the product.  
2. This Law does not grant legal protection to a geographical indi cation related to a 
geographical location in a foreign state if the rights to such an indication or another labelling, 
which in its cont ent corresponds to the concept of a geographical indication, ar e not protected 
in the relevant foreign state.  
Article 8.  Interconnection with trademarks  8 
 
1. If a registered geographical indication is included in an application for a trademark 
certificate of  Ukraine or is included in a trademark certificate, this serves as the grounds for 
refusing to grant legal protection to a trademark or the reason for invalidating the trademark 
certificate in the manner prescribed by law provided that the application for the trademark 
certificate of Ukraine was submitted after the date of submitting the application to register the 
geographical indication or after the date of granting it legal protection in Ukraine; or provided 
that the trademark and the geographical indica tion are applied for identical or related products, 
or there are other factors that may mislead consumers.  
2. Registration of a geographical indication cannot serve as the grounds for invalidating a 
trademark certificate or refusing to register a trademark  if the owner of the Ukrainian trademark 
certificate or the trademark applicant has started using such a trademark in good faith before 
the date of submitting the application to register the geographical indication, and the actual 
circumstances of such use  do not allow for the possibility of misleading consumers about the 
product or its producer. Under such circumstances, the use of geographical indications and 
trademarks specified in this part is allowed.  
Article 9.  The right to prepare and draw up a speci fication for submitting  an application 
for a geographical indication  
1. An association of persons where the majority are producers or processors of products, 
in particular, if half or more of the persons representing such an association in the specified 
geographical location produce products and/or extract and/or process raw materials for 
products, the special qualit y, reputation or other characteristics of which are determined by the 
specified geographical location, have the right to prepare and draw up a specification for 
submitting an application for a geographical indication.  
2. As an exception, in accordance with part one of Article 9 of this Law, one natural or 
legal person has such right provided that all of the following conditions are met:  
they are the only producer who produces products and/or extracts and/or processes raw 
materials for products in this geographical location and they wish to submit an application to 
register a geographical indication;  
the geographical territory where the production (extraction) and/or processing and/or 
preparation of products takes place has characteristics that differ significantly from the adjacent 
territories, or the product characteristics differ from the products made in the adjacent 
territories and/or from the characteristics of similar products on the market.  
3. Several applicants from diff erent countries have the right to exercise the rights 
established by part one of this Article jointly w ith respect to the name that identifies a cross -
border geographical loc ation. Such rights are exercised by submitting to NIPA relevant 
documents by foreign applicants directly or through the authorities of the relevant foreign state.  
Article 10.  Specifics of preparing an application for registration of a geographical 
indicati on 
1. Preparing an application for the registration of a geographical indication includes 
preparing an application to register a geographical indication, a specification or a document 
replacing it (for foreign applicants), the unified document, and the spe cification approval.  
Article 11.  Preparing an application for the registration of a geographical indication  
1. An application for the registration of a geographical indication is prepared by an 
association of persons or a person who has the right to submit such an application according to 9 
 
Article 9 of this Law, in the form and in according to the rules approved by the central executive 
body that ensures shaping and implementing the state intellectual property policy.  
2. The application can be submitted for the registration of one name only. It is allowed to 
apply for the registration of several different products  if such products are different when 
introduced into civil circulation or are considered to be different products for consumers 
provided that compliance with the criteria for granting legal protection is proven for each 
product separately.  
Article 12 . Preparing pro duct specification  
1. Product specification shall be drawn up by an association of persons or a person who 
has the right to do so according to Article 9 of this Law.  
2. Product specification shall include the following information:  
1) the name tha t is applied to be registered as the name of the product’s place of origin or 
a geographical indication, in the form and language used during its application, or in the 
language historically used to label the product in the relevant geographical area, tran sliterated 
into the Latin alphabet, and with an indication of the quality scheme, according to which the 
application is submitted;  
2) name and description of the product, including information about the raw materials and 
the product’s main characteristics (physical, chemical, microbiological, organoleptic, etc.);  
3)  boundaries of the  geographical location  where the product is made and, if applicable, 
the territory where the raw materials are produced if this territory is larger than the territory 
where the product is made or is different than such territory. The geographical territory shall 
be defined as a ccurately as possible, with detailed reference to its physical or administrative 
borders, with reference to the generally accepted coordinate system, or to significant 
topographic features and characteristics of the surrounding natural environment (geologi cal 
features, soils, river basins, groundwater). If the submitted name concerns the product of animal 
origin, detailed rules of feed’s origin and use shall be indicated. If it is intended to use feed 
obtained outside the geographical location where the pro duct is made, a detailed description of 
such use must be provided, indicating the percentage ratio of feed (in the dry matter on an 
annual basis) with a substantiated explanation of why it is not possible to use 100 percent of 
feed coming from the geograph ical location where the product is made in terms of how it would 
impact the unchanged quality or special characteristics of the product if such a ration was used;  
4)  a description of the product production method, including its specific conditions and 
an unchanging local production method of the product (if available), as well as information 
about its packaging if the applicant decides that product packaging shall be carried out precisely 
in a specified geographical location in order to preserve the produc t’s quality, guarantee its 
authenticity or ensure control, and if they substantiate this decision. Description of the 
product’s production method shall be provided accurately and in detail to ensure that any 
person is able to reproduce it, and exclusively within the limits of the method that is used at 
the time of drawing up product specification. Historical methods of product production shall 
be included in the description only if they are used at the time of drawing up product 
specification;  
5) informatio n on the relationship of the product’s special quality or its other 
characteristics with the geographical environment or the relationship of the product’s special 
quality, its reputation or other characteristics with the geographical location of its origin , 
indicating precisely what factors such a relationship is based on (reputation, quality, other 10 
 
characteristics of the product), describing such factors only, and if necessary, product 
description or its production method that demonstrate such a relationsh ip shall be included.  
With regard to the name of the product’s place of origin, a cause -and-effect relationship 
between the product’s quality, its characteristics, and the geographical environment with its 
natural and human factors shall be provided, inclu ding, if necessary, elements of the product 
description or its production method substantiating such a relationship.  
With regard to the geographical indication, a cause -and-effect relationship between the 
geographical origin and the quality, reputation or other characteristics of the product shall be 
given;  
6) special rules for cutting, grinding, packaging and labelling of the product that is the 
object of the application with an explanation of any restrictions;  
7) evidence of the product origin (informatio n about the product, description of raw 
materials, animal feed, and other products for which origin from a specified geographical 
location is required) that shall be collected, documented, and stored by the market operator, 
which make it possible to identi fy: 
the supplier, quantity and origin of all batches of raw materials and/or received products;  
the recipient, quantity and destination of the product supplied under the declared name;  
compliance of each batch of raw materials with the corresponding batch of products ready 
for sale on the market;  
8) the name and location of the specially authorized body or, if available, a certification 
body that will verify the product’s compliance with the specification, indicating their respective 
powers regarding the pr oduct.  
Article 13.  Product specification approval procedure  
1. For product specification approval, an association of persons or a person who has the 
right to submit an application shall apply to the specially authorized body with a request to 
conduct the a pproval procedure. The request shall be written in the Ukrainian langua ge in any 
form. A product specification that meets the requirements of Article 12  of this Law shall be 
attached to the request. The request shall also be supported with documentary evid ence of the 
information given in the product specification. Maps, site plans, historical documentation, 
including literary sources, technical conditions, regulations, other production documentation, 
results of physical, chemical, or other research, informa tion from state authorities and local 
self-government bodies, scientific institutions, industry associations, information on 
participation in contests and competitions, information on the volume of sales of relevant 
products, labelling samples, etc., among  other things are recognized as documentary evidence.  
If an amended product specification regarding a geographical indication, which is 
registered or submitted for registration, is submitted for approval, information on the relevant 
application or certific ate, a copy of the previously approved product specification and the 
decision of the specially authorized body on its approval, documents substantiating the right to 
submit a request to make amendments to the specification shall also be submitted. Submissi on 
of an incomplete document package for product specification approval (or for making 
amendments) serves as the grounds for returning the received documents without their review 
within 10 working days from the day of their receipt.  
2. To carry out the pro cedure for approving product specification by the specially 
authorized body, as well as to perform other functions provided for by this Law, an expert 11 
 
commission shall be formed. Such a commission shall include representatives of the specially 
authorized b ody, local self -government bodies, scientific institutions, associations, and 
producers. The composition of the expert commission, a provision on the expert commission, 
requirements for product specification and the procedure for its approval are approved by the 
specially authorized body.  
3. The expert commission reviews whether product specification is complete and 
substantiated, and checks its compliance with the conditions of the quality scheme specified in 
it in terms of:  
1) compliance of the associatio n of persons or the person who applied for approval with 
the criteria specified in Article 9 of this Law;  
2) belonging of the product, for which the product specification is prepared, to agricultural 
products or foodstuffs, which are covered by this Law;  
3) compliance of the name, for which the product specification is drawn up, with the 
criteria defined by Article 6 of this Law;  
4) the presence of special qualities and other properties of the product, for which the 
product specification is prepared, the co mpleteness, sufficiency and accuracy of their 
identification. Such special qualities and other properties include, in particular, taste, color, 
smell, or a combination of these indicators;  
5) the possibility of reproduction by any person of the ways, metho ds, and techniques set 
forth in the product specification for the purpose of making the product that meets the 
specification;  
6) the correctness of defining the boundaries of the geographical area where special 
qualities or other characteristics, listed in the product specification, appeared.  
4. If necessary, the review includes an actual on -site study of the information set out in the 
product specification, which involves a study of the geographical location, and facilities where 
the product, for which the specification is prepared, is made.  
The person who applied for product specification approval is obliged to ensure the 
possibility of conducting such a study in the manner established in the requirements for product 
specification  and in accordance with the procedure for its approval, which is approved by the 
specially authorized body.  
If the possibility of conducting the study is not provided and information contained in the 
product specification is insufficient for making a subst antiated decision, the expert commission 
has the right to not review the product specification.  
5. If additional materials or explanations are needed for product specification approval, 
the expert commission has the right to request this information from t he applicant within a 
specified period, which is at least one month from the date of sending the approval request, and 
the time for reviewing the specification is extended for the corresponding period.  
6. During product specification review, the associatio n of persons or the person who 
applied for the approval has the right to submit a request to correct obvious grammatical, 
arithmetical or other errors in it, to make minor amendments to the product specification or to 
withdraw it.  
If, after considering the  request to amend the non -approved product specification, it is 
established that the amendments are significant, the request for product specification approval 12 
 
is returned to the applicant without its review, and the applicant has the right to reapply for the 
specification approval.  
7. The review of product specification shall be started no later than 10 working days from 
the date of receiving the request for product specification approval by the specially authorized 
body and shall be completed within three months after receiving the request for product 
specification approval, taking into account the possibility of extending the specified period in 
accordance with part five of Article 13 of this Law.  
Product specification review shall be completed by dr awing up a protocol of the expert 
commission on approving the specification or refusing to approve it.  
Based on the expert commission protocol approving product specification, the specially 
authorized body prepares a specification approval letter. A copy o f the product specification 
with a seal of approval specifying the date and number of the approval letter is an integral 
annex to this letter.  
Based on the expert commission protocol refusing to approve product specification, the 
specially authorized body notifies the applicant in writing of the refusal to approve the 
specification, and is obliged to provide a list of the specification’s shortcomings, 
recommendations for their elimination, and the reasons for the refusal to approve the 
specification.  
8. In case of refusal to approve product specification, the person has the right to reapply 
for product specification approval after eliminating the shortcomings listed in the decision of 
the specially authorized body on refusal to approve the product specificat ion. In case of 
repeated receipt of the product specification where the shortcomings have not been eliminated, 
the request for approval of such product specification remains without review.  
9. The approved specification shall be published according to the procedure and terms 
specified by the Law of Ukraine "On Legal Protection of Geographical Indications."  
Article 14.  Amendments to the approved product specification  
1. Minor or significant amendments may be introduced to the approved product 
specification:  
1) at the initiative of the applicant for the geographical indication; this can be done after 
the date of submitting the application for the registration of the geographical indication, but no 
later than the date when NIPA makes a decision on the state reg istration of the geographical 
indication, or after the information on registering the geographical indication has been entered 
in the Register;  
2) at the initiative of state authorities and local self -government bodies or any other 
interested persons, or a n association of persons who meet the requirements of Article 9 of this 
Law provided that they submit documents confirming their right to submit a request for 
amendments, after information on registering the geographical indication has been entered in 
the Register;  
2. Amendments are considered minor if they:  
1) do not belong to the essential product characteristics (physical, chemical, organoleptic 
characteristics), except those product characteristics that are determined as optional by the 
product specific ation;  13 
 
2) do not change the relationship between the quality or other characteristics of the product 
and its geographical environment;  
3) do not change the geographical indication or its part;  
4) do not change the boundaries of the geographical location, e xcept for a change in the 
geographical location’s name as a result of its renaming;  
5) do not cause increased restrictions in the civil circulation of the product or raw materials 
for that product.  
The introduction of minor amendments does not require spec ification re -approval 
procedure.  
3. Amendments that do not belong to those defined by part two of this Article are 
considered significant. The introduction of significant amendments is subject to the mandatory 
procedure of reapplication for product specifi cation approval stipulated by Article 13 of this 
Law, except for cases of temporary amendments to the specification, in the event of mandatory 
sanitary or phytosanitary measure s taken b y state authorities.  
 Temporary amendments to the specification in the event of mandatory sanitary or 
phytosanitary measures taken by state authorities are introduced in the manner established for 
minor amendments with the mandatory submission of documentary evidence of the mandatory 
sanitary or phytosanitary measures taken b y state authorities.  
Amendments to product specification leading to a change in the name protected as a 
geographical indication are not allowed. Amendments are allowed regarding the method of 
producing the product taking into account scientific and technic al progress or revision of the 
boundaries of the geographical location where the product is made and the territory where raw 
materials are produced if the territory is larger than the territory where the product is made or 
is different than such territory.  
4. A request to amend the approved product specification shall be submitted to NIPA and 
it shall include:  
1) information about the geographical indication to which such changes apply;  
2) in case of submitting a request for significant amendments: the appr oved product 
specification that includes the amendments; or in case of submitting a request for minor 
amendments, the specification that includes the amendments together with a copy of the 
initially approved product specification;  
3) in the case when a req uest to amend product specification is submitted by a person other 
than the applicant for a geographical indication or state authorities and local self -government 
bodies: documents confirming the right to submit a request for amendments; documents 
confirmi ng that the person who has applied for amendments has the right to use the 
geographical indication are considered to be such documents.  
5. In case when a person other than the applicant who submitted the application for a 
geographical indication submitted a request to amend product specification after the 
information on registering the geographical indication had been entered in the Register, the 
applicant who submitted the application for such a geographical indication shall be notified 
that such a request  has been received, and they have the right to inform NIPA in writing in free 
form about their attitude to the request for amendments within one month from the moment of 
receiving such a notification. In case when the applicant of the corresponding applica tion for a 
geographical indication disagrees with the amendments to the product specification, the 14 
 
decision of NIPA is final and compliant with the procedure for making such a decision 
established by part six of this Article.  
6. The request to amend the ap proved product specification is reviewed by NIPA in the 
manner stipulated by the Law of Ukraine "On Legal Protection of Geographical Indications" 
taking into account the provisions of this Law. The final decision on introducing amendments 
is made based on the decision of the specially authorized body to approve the amended product 
specification if the amendments require the approval of the amended specification.  
7. The amended and approved product specification is published according to the Law of 
Ukraine " On Legal Protection of Geographical Indications" within one month after NIPA’s 
decision to introduce amendments to the approved product specification.  
Article 15.  Preparation of a document replacing specification by foreign citizens and 
persons without citizenship  
1. Instead of product specification, together with t he application, foreign citizens and 
persons without citizenship shall submit documents confirming the le gal protection of the 
declared geographical indication in the relevant foreign state or the acquisition of rights to such 
an indication on the basis of fair use, if this is provided for by the legislation of the relevant 
foreign state. Suc h documents shall meet the requirements stipulated in part two of Article 12 
of this Law.  
2. The documents specified in part one of this Article shall be submitted in a foreign 
language provided that their translation into Ukrainian will be submitted to NI PA no later than 
two months from the date of submitting the application.  
3. If the documents submitted by foreign citizens or persons without citizenship do not 
meet the requirements stipulated in part two of Article 12 of this Law, in order to ensure that  
the specially authorized body has the opportunity to control the special qualities or other 
characteristics of the product, the applicant shall be offered to provide the product specification 
approved by the specially authorized body. Within two months af ter receiving such an offer, 
the applicant shall submit to NIPA a copy of the request submitted to the specially authorized 
body, which is the basis for suspending the review of the application for the period stipulated 
by this Law to allow for the procedu re of approving product specification.  
In case of failure to submit such a request or failure to submit a decision of the specially 
authorized body on product specification approval, it shall be considered that the applicant has 
not submitted a document re placing the product specification.  
Article 16.  Preparing the unified document  
1. The unified document is a document specified in part four of Article 10 of the Law of 
Ukraine "On Legal Protection of Geographical Indications," which, as a rule, does not exc eed 
2.5 thousand words, contains key product specification provisions and states:  
1) the declared name with an indication of the quality scheme under which the 
geographical indication is claimed;  
2) name of the product;  
3) product description sufficient fo r identifying the product, set out using definitions, 
standards, and units of measurement applicable to the products of the corresponding type, but 
without including technical characteristics inherent in all products of the corresponding type or 
mandatory for all products of this type in accordance with current legislation. A description of 
feed shall be given for products of animal origin, and a description of raw materials shall be 15 
 
provided for processed products. If the name of the product’s place of ori gin is declared, a 
confirmation that the feed and raw materials originate from the relevant geographical location 
shall be added; and in case of using feed or raw materials originating from another geographical 
location, a detailed description of such exce ptions with their justification shall be given. If a 
geographical indication is declared, the characteristics or restrictions regarding the origin of 
raw materials with the justification of such restrictions in accordance with Article 6 of this Law 
and sub stantiation of the relationship of the product with the geographical environment or the 
geographical location of the product’s origin shall be indicated;  
4) specific stages of production carried out in the defined geographical location, with 
justification of limitations or exceptions;  
5) special rules for cutting, grinding, packaging, and labelling of the product, which is the 
object of the application, with justification of restrictions;  
6) precise information on the geographical location, if possible, wit h a map of the 
geographical location’s boundaries;  
7) a description of the product’s relationship with the geographical environment or the 
geographical location of its origin, indicating the factors the relationship is based on 
(reputation, quality, other characteristics of the product), describing such factors only  and 
including, if necessary, a description of the product or the method of its production that 
demonstrates such a relationship. With regard to the name of the product’s place of origin, a 
cause-and-effect relationship between the product’s quality, its characteristics, and the 
geographical environment with its natural and human factors shall be provided, including, if 
necessary, elements of the product description or its production method subst antiating such a 
relationship. With regard to the geographical indication, a cause -and-effect relationship 
between the geographical origin and the quality, reputation or other characteristics of the 
product shall be given;  
8) a link to the source where the  product specification is published.  
2. The template of the unified document and the requirements for filling out this document 
are approved by the central executive body, which shapes and implements the state intellectual 
property policy.  
Article 17.  Comp leting the preparation for registration. Application submission  
1. After completing the preparation for registration, the applicant shall submit to NIPA an 
application consisting of an application to register a geographical indication, the approved 
specifi cation, and the unified document within a period of no more than three months from the 
date of the product specification approval and in the manner determined by the Law of Ukraine 
"On Legal Protection of Geographical Indications."  
Article 18.  Registration  in foreign states  
1. Registration of a geographical indication related to a geographical location within the 
territory of Ukraine in foreign states shall be carried out after the registration of the 
geographical indication in Ukraine.  
2. Registration of g eographical indications in the European Union is carried out in 
accordance with the provisions of the Association Agreement between Ukraine, on the one 
part, and the European Union, the European Atomic Energy Community and their member 
states, on the other  part, or in accordance with the relevant legislation of the European Union.  16 
 
Section III. TRADITIONAL SPECIALITIES GUARANTEED  
Article 19.  Traditional specialities guaranteed as a quality scheme  
1. A traditional speciality guaranteed as a quality scheme is used with the purpose of:  
1) preserving traditional methods of producing agricultural products or foodstuffs and their 
recipes by helping the producers of traditional products to facilitate their products’ circulation 
on the market and inform consumers abo ut the specifics of their traditional recipes and 
properties that form products’ added value;  
2) ensuring proper protection of the names of such traditional products by registering them 
as traditional specialities guaranteed;  
3) supporting the producers of  traditional products in promoting their product sales and 
informing consumers about the characteristics and features of such products.  
Article 20. Criteria for recognizing product name as a traditional speciality guaranteed  
1. The name of an agricultural product (agricultural commodity) or a foodstuff shall 
receive legal protection as a traditional speciality guaranteed if such a name does not fall under 
the criteria for non -recognition of legal protection, regardless of whether there is a rel ationship 
between such a name and a certain geographical territory, if such a name is traditionally used 
to identify a certain traditional product, or if it indicates the traditional or specific nature of an 
agricultural commodity or foodstuff, or if it de scribes a specific agricultural commodity or 
foodstuff, which resulted from a production or processing method consistent with the 
traditional practice of producing such a product or if its content is consistent with the traditional 
practice of producing su ch a product, or if it describes an agricultural commodity or foodstuff 
produced from raw materials or ingredients used traditionally.  
2. Changes in the packaging or labelling method that do not change the special 
characteristics of the agricultural produc t or foodstuff do not affect its recognition as a 
traditional speciality guaranteed.  
3. It is allowed to grant legal protection to a name that is protected as a traditional speciality 
guaranteed in another state, provided that such a name indicates "Produc ed according to the 
traditions," the name of the state or its region.  
Article 21.  Criteria for non -recognition of product name as a traditional speciality 
guaranteed  
1. The name of the product shall not be recognized as a traditional speciality guaranteed 
and shall be recognized as having grounds for refusing to grant legal protection if it:  
1) does not meet the conditions specified in Article 20 of this Law;  
2) contradicts the public order and the principles of humanity and morality;  
3) is a name that has become generic or reflects only mandatory requirements for the name 
of an agricultural product or foodstuff or requirements for an agricultural product or foodstuff 
specified in the current legislation;  
4) is identical or similar to the extent that it can be confused with a trademark, the rights 
to which are recognized in Ukraine, if taking into account the reputation, fame, and duration 
of use of that trademark, such legal protection may mislead consumers about the authenticity 
of the product, or if it can  be confused with the previously registered or submitted for 
registration geographical indication.  17 
 
Article 22.  Interconnection with trademarks  
1. If a registered traditional speciality guaranteed is included in an application for a 
trademark certificate of  Ukraine or is included in a trademark certificate, this serves as the 
grounds for refusing to grant legal protection to a trademark or the reason for invalidating the 
trademark certificate as the ones being in common use for the relevant products provided  that 
the application for the trademark certificate of Ukraine was submitted after the date of 
submitting the application to register the traditional speciality guaranteed or after the date of 
granting it legal protection, and provided that the trade mark a nd the traditional speciality 
guaranteed are applied for identical or related products.  
2. Registration of a traditional speciality guaranteed cannot serve as the grounds for 
invalidating a trademark certificate or for refusing to register a trademark if t he owner of the 
Ukrainian trademark certificate or the trademark applicant has started using such a trademark 
in good faith before the date of submitting the application to register the traditional speciality 
guaranteed, and the actual circumstances of suc h use do not allow for the possibility of 
misleading consumers about the product or its producer.  
Article 23.  The right to submit an application  
1. An association of persons who produce an agricultural product or foodstuff, the name 
of which is declared as  a traditional speciality guaranteed, or, as an exception, one natural or 
legal person, provided that such person is the sole producer who wishes to apply for the 
registration of a traditional speciality guaranteed have the right to submit an application f or the 
registration of a traditional speciality guaranteed.  
2. It is allowed to submit an application for the registration of a traditional speciality 
guaranteed jointly by applicants from several countries.  
Article 24.  Preparing and submitting the applica tion 
1. An application for the registration of a traditional speciality guaranteed shall be 
submitted to the specially authorized body by an applicant who has the right to submit an 
application in accordance with Article 23 of this Law.  
The application sha ll be submitted in a paper or electronic format at the applicant's choice.  
2. The application shall be written in Ukrainian and it shall include:  
1) an application for registration indicating the applicant, their location, the name proposed 
to be registere d as a traditional speciality guaranteed, the agricultural product or foodstuff for 
which the traditional speciality guaranteed is declared,  as well as documents confirming that 
the applicant or, in case it is an association of persons who are applying, at  least one of the 
members of such an association is a producer of the product related to the application;  
2) specification of the product for which the traditional speciality guaranteed is declared.  
3. The application shall be prepared and submitted in the  manner prescribed by the 
specially authorized body.  
4. The date of submitting the application is the date when the specially authorized body 
receives the application for the registration of a traditional speciality guaranteed provided that 
all information  and documents specified in the second part of this Article are available.  18 
 
5. Within the borders of a foreign state, an application for a traditional speciality 
guaranteed is submitted by foreign applicants directly to the specially authorized body or 
through the bodies of the relevant foreign state.  
Article 25.  Preparing an application for the registration of a traditional speciality 
guaranteed  
1. The application for the registration of a traditional speciality guaranteed shall be 
submitted according to th e established template, which is approved by the specially authorized 
body, and it shall include the name declared as a traditional speciality guaranteed, the produc t 
for which it is applied for, the appli cant(s), and their address.  
2. The application cove rs only one name that is applied for registration.  
Article 26.  Product specification for the registration of a traditional speciality guaranteed  
1. To register a traditional speciality guaranteed, the applicant shall prepare the product 
specification; the agricultural product or foodstuff shall comply with the specification, and the 
specification shall include:  
1) the name applied to be registered as a traditional speciality guaranteed, in the form and 
language used during its application , or in the language historically used to mark the product 
in the relevant geographical area, with Latin transliteration of the name;  
2) indication of the agricultural product or foodstuff for which a traditional speciality 
guaranteed is declared;  
3) one or more grounds for registration from those listed in the first part of Article 20 of 
this Law, with appropriate substantiation of the specified grounds; it is allowed to use historical 
sources, information provided by state authorities and local self -government bodies, 
professional associations, territorial communities, etc. for this purpose;  
4) description of the agricultural product or foodstuff, including its main physical, 
chemical, microbiological or organoleptic characteristics, which indicate th e specific nature of 
the respective traditional product;  
5) description the production method of the agricultural product or foodstuff, declared as 
a traditional spaciality guaranteed, that producers must comply with, including the type and 
characteristics  of raw materials or ingredients  in an amount sufficient for the reproduction of 
an agricultural product or foodstuff by any producer, except for purely technical characteristics 
inherent in all products of a similar type or those existing due to the mand atory legislatory 
requirements; historical production methods shall only be indicated if they are actually used;  
6) description of the key elements that determine the traditional character of the 
agricultural product or foodstuff; the main invariable chara cteristics of the agricultural product 
or foodstuff are considered as such elements.  
2. The specification of a traditional speciality guaranteed shall be accompanied by 
documents confirming the information on the grounds for registration of a traditional s peciality 
guaranteed, set out in this specification, and documents confirming the description of the 
agricultural product or foodstuff, as well as the method of its production.  
Article 27.  Review of the application,  the study of the specification, and regi stration of 
traditional speciality guaranteed  19 
 
1. An application for the registration of a traditional speciality guaranteed is reviewed by 
the specially authorized body according to the rules approved by the specially authorized body.  
2. The expert commiss ion reviews the following aspects of the application within two 
months from the confirmed date of the application submission:  
1) compliance of the submitted documents with the requirements established by Article 
24 of this Law;  
2) compliance of the agricul tural product or foodstuff, for which the specification of the 
traditional speciality guaranteed has been prepared, with the requirements for agricultural 
products or foodstuffs covered by this Law;  
3) compliance of the declared name with the conditions pr ovided for in Article 20 of this 
Law.  
3. If necessary, the study is accompanied by a visit to the location of the facilities where 
the relevant agricultural product or foodstuff is produced. The applicant is obliged to ensure 
the opportunity for the expert  commission to carry out the study and the commission’s access 
to the facility. In case of failure to provide the opportunity for the expert commission to carry 
out the study and ensure their access to the facility, and in case the information set forth in  the 
specification of the traditional speciality guaranteed is insufficient for making a substantiated 
decision, the expert commission shall conclude that the submitted application does not meet 
the criteria for its recognition.  
4. If additional materials and explanations are needed to establish compliance of the 
declared name with the requirements provided for in Article 20 of this Law, the expert 
commission has the right to request this information from the applicant within a specified 
period, which is no t less than one month and not more than two months, and the time for 
reviewing the specification of the traditional speciality guaranteed shall be extended for the 
corresponding period.  
5. During the study, the applicant has the right to submit a request t o correct obvious 
technical errors in the application materials, to make minor amendments to the specification of 
the traditional speciality guaranteed, or to withdraw it.  
6. The product specification study is completed by drawing up the expert commission 
protocol approving the specification or refusing to approve it. Based on the expert commission 
protocol approving the product specification, the specially authorized body prepares a 
specification approval letter. A copy of the product specification with a seal of approval 
specifying the date and number of the approval letter is an integral annex to this letter. Based 
on the expert commission protocol refusing to approve the product specification, the specially 
authorized body notifies the applicant in writi ng of the refusal to approve the specification and 
is obliged to provide a list of the specification’s shortcomings, recommendations for their 
elimination, and the reasons for the refusal to approve the specification.  
7. In case when the letter approving t he specification is prepared, the specially authorized 
body shall ensure that information about the application is published on its official website, 
indicating the details about the traditional speciality guaranteed, the applicant, the approved 
specificat ion of the traditional speciality guaranteed, and the deadline for any interested person 
to submit their objections, which shall not exceed three months from the date of publishing 
information about the application.  
8. To submit an objection, a submission fee shall be paid according to the procedure 
established by the Cabinet of Ministers of Ukraine. The requirements for the objection and the 20 
 
procedure for its submission and review are determined by the specially authorized body. The 
submitted objection sha ll be accompanied by proof confirming that a copy of the objection has 
been sent to the applicant.  
9. The applicant has the right to inform the specially authorized body about their attitude 
to the objection within two months from the day of receiving thei r copy of the objection. The 
applicant has the right to refute the objection and leave the application unchanged, make 
amendments to the application or withdraw it.  
10. The objection is accepted only if it provides reasonable grounds proving that the 
decla red name does not comply with the criteria for granting legal protection established by 
this Law, or proves that the use of such a name is legitimate, w ell-known, and economically 
significant for similar agricultural products or foodstuffs.  
11. The objecti on is reviewed by the expert commission within two months after the 
deadline for submitting objections. If the expert commission concludes that there are grounds 
for accepting the objection, the specially authorized body refuses to register the traditional  
speciality guaranteed. If the expert commission concludes that there are no grounds for 
accepting the objection or if there are no objections, the specially authorized body decides to 
register the traditional speciality guaranteed and enters information a bout it in the Register of 
traditional specialities guaranteed.  
12. The Register of traditional specialities guaranteed shall include the following 
information about the traditional speciality guaranteed:  
a name registered as a traditional speciality guara nteed;  
type of product;  
the applicant;  
a link to the published specification.  
The procedure for maintaining the Register of traditional specialities guaranteed is 
approved by the specially authorized body.  
13. After the information on registering a traditional speciality guaranteed has been 
entered into the Register of traditional specialities guaranteed, it is allowed to introduce minor 
or significant amendments to them at the initiative of any interested person, as well as at the 
initiative of the state authorities and local self -government bodies.  
14. Minor amendments are introduced to the Register of traditional specialities guaranteed 
on the basis of a written request for amendments submitted to the specially authorized body if 
such amendments:  
1) do not belong to the essential product characteristics, such as physical, chemical, and 
organoleptic characteristics, except those product characteristics that are determined as 
optional by the specification of the traditional speciality gu aranteed;  
2) do not involve significant changes in the production method;  
3) are not related to the declared name or any part thereof.  
15. Amendments that do not belong to those defined by part fourteen of this Article are 
considered significant. Significant amendments are introduced to the Register of traditional 
specialities guaranteed provided that there is a mandatory review specified  in part three of 
Article 27 of this Law, except for the cases when the amendments are related to temporary 21 
 
changes of the specification of a traditional speciality guaranteed, which arise as a result of 
taking mandatory sanitary or phytosanitary measures by state authorities. Amendments related 
to the declared name or any of its parts cannot be introduced.  
16. A request to introduce significant amendments to the Register of traditional specialities 
guaranteed shall be submitted to the specially authorized body in writing and shall include:  
1) information about the traditional speciality guaranteed to which such amendments 
apply;  
2) the specification that includes the amendments.  
17. In case when a request to introduce amendments to product specification is submitted 
by a person other than the applicant for the traditional speciality guaranteed, a documentary 
proof that the request has been submitted by an interested person shall be attached; an interested 
person is any producer of the relevant agricultural p roduct or foodstuff for which the traditional 
speciality guaranteed is registered.  
18. In case when a request for significant amendments to the Register of traditional 
specialities guaranteed is submitted by a person other than the applicant for the tradit ional 
speciality guaranteed, the applicant of the corresponding traditional speciality guaranteed shall 
be notified that such a request has been received, and they have the right to express their attitude 
regarding the request for amendments within one mon th from the receipt of the notification. 
The final decision on introducing amendments is made based on the expert commission’s 
opinion.  
19. Information on amendments to the Register of traditional specialities guaranteed is 
published on the official websit e of the specially authorized body.  
Section IV. SPECIAL QUALITY INDICATORS  
Article 28.  Special quality indicators as a quality scheme  
1. A feature of one or more categories of products or specifics of agricultural production 
or processing, used in certain areas, is recognized as a special quality indicator, except for:  
1) characteristics and/or qualities of the product, and/or criteria regarding its composition, 
which are specified in the mandatory requirements for the corresponding product;  
2) terms intend ed to ensure that consumers (users) have a sufficient level of awareness 
about the characteristics and/or quality of the product, and/or criteria regarding its composition.  
2. Special quality indicators are applied by any market operator in relation to agr icultural 
products, foodstuffs and other products specified in Article 2 of this Law, subject to compliance 
with the conditions of use specified in Articles 28 -31 of this Law.  
3. Special quality indicators are used in order for market operators to facilita te sharing 
information within the domestic market about the characteristics and features of agricultural 
products, which form the added value of the product compared to products of a similar type.  
4. For the purpose of this Law, the "mountain product" indi cator is recognized as a special 
quality indicator.  
5. Other special quality indicators are established by a decision of the specially authorized 
body in compliance with the conditions stipulated by this Law.  22 
 
Article 29.  General conditions of applying the special quality indicator "mountain 
product"  
1. The product is considered a “mountain product” if it meets the following criteria:  
1) raw materials for the production of the product or fe ed for farm animals (if the product 
belongs to livestock products) or iginate mainly from mountain settlements or from the 
territories of territorial communities, which include such settlements (hereinafter - mountain 
areas);  
2) the product is produced (processed) in mountainous areas.  
2. Mountain products are also comprised of products that include ingredients produced 
(grown, processed) not in mountain areas, provided that the amount of such ingredients does 
not exceed 50 percent of the total weight of all ingredients included in the product. Such 
ingredients inclu de herbs, spices, sugar, or non -agricultural ingredients.  
3. Beekeeping products are considered mountain products if the bees collect nectar and 
pollen exclusively in mountain areas. If sugar is used in the feeding of bees, such sugar does 
not necessarily have to come exclusively from mountain areas.  
4. Crop products grown in mountain areas is considered a mountain product.  
Article 30.  Conditions of applying the special quality indicator "mountain product" to 
livestock products  
1. The special quality indica tor "mountain product" is applied to livestock products 
produced and processed in mountain areas, or to livestock products from animals that for at 
least two -thirds of their lives were raised in such mountain areas if the products were processed 
in such ar eas, or to livestock products, obtained from animals on a free -range form of grazing, 
which were kept on free -range pastures in mountain areas for at least a quarter of their lives.  
2. Feed for domestic animals is considered to be of mountain origin if the proportion of 
the annual animal ration that cannot be obtained from mountain areas does not exceed 50 
percent in dry matter or 40 percent for ruminants. For pigs, the proportion of feed that cannot 
be obtained in mountain areas shall not exceed 75 perc ent of the dry matter of the annual ration 
of animals. Feed restrictions apply to animals on a free -range form of grazing while in mountain 
areas, but do not apply to animals on a free -range form of grazing when fed outside mountain 
areas.  
Article 31.  Processing stage carried out outside mountain areas  
1. It is allowed to carry out the processing stage outside the boundaries of mountain areas, 
but within no more than 30 kilometers from the boundaries of the mountain area, if the 
processing stage constitutes : 
1) slaughtering ani mals, cutting meat, and deboning;  
2) squeezing olive oil or other oil of vegetable origin with similar processing technology;  
3) processing of milk and dairy products, which is carried out at the production facilities 
that existed as o f the date of entry into force of this Law.  
2. Exceptions to the rules specified in part one of this Article shall be approved by the 
specially authorized body.  
Article 32.  Acquisition of the right to use a special quality indicator  23 
 
1. Before starting to a pply a special quality indicator, the market operator who intends to 
start its use shall submit a request to the specially authorized body to start such use. The request 
shall be prepared in an electronic or paper format in the state language and shall inc lude 
comprehensive information about the special quality indicator that is planned to be used, the 
corresponding product, and substantiation of the product's compliance with the criteria for 
applying the special quality indicator. The requirements for draw ing up and submitting the 
request are approved by the specially authorized body.  
2. The expert commission of the specially authorized body reviews the request to start the 
application of the special quality indicator and notifies the applicant in writing o f the results of 
its review within 30 calendar days from the date of the request’s receipt. In the event of justified 
objections to the possibility of applying the special quality indicator, the specially authorized 
body shall notify the applicant who has the right to submit the relevant request again. If the 
request contains enough information to conclude that there are grounds for the use of a special 
quality indicator, the specially authorized body shall enter information about the request and 
the decisi on made regarding it into the list of users the next day after arriving at the conclusion.  
3. After the information has been added to the list of users, the applicant has the right to 
use the special quality indicator, in particular, "mountain product" in the labelling of their 
product; using it together with the national symbol is optional.  
Article 33.  Termination of the right to use a special quality indicator  
1. The market operator’s right to use a special quality indicator shall be terminated if the 
central executive body implementing state policy in the fields of safety and certain quality 
indicators of food products, consumer rights and advertising in this area identified that the 
product does not comply with the requirements for the use of the special  quality indicator as a 
result of implementing its state control measures.  
2. The body that found the product’s non -compliance with the requirements for the use of 
the special quality indicator reports this to the specially authorized body, which, within 1 0 
working days from the day of receiving the notification, enters the relevant information into 
the list of users, which is reported to the market operator.  
3. The operator has the right to renew their right to use the special quality indicator. To do 
so, the applicant shall submit a request to the specially authorized body to start such use. The 
request shall contain the information specified in part one of this Article, as well as information 
stating th at the reason for non -compliance of the product with the criteria for the use of the 
special quality indicator, which was the grounds for terminating the right to use it, has been 
eliminated.  
Article 34.  Including information on the use of a special quality indicator in the list of 
users  
1. The process of in cluding information on the use of a special quality indicator in the list 
of users is carried out according to the procedure approved by the specially authorized body.  
Section V. USE OF REGISTERED GEOGRAPHICAL 
INDICATIONS AND TRADITIONAL SPECIALITIES 
GUARA NTEED  
Article 35.  Conditions for starting the use of registered geographical indications and 
traditional specialities guaranteed  24 
 
1. Any market operator is allowed to use registered geographical indications and 
traditional specialities guaranteed as quality  schemes provided that the product is compliant 
with its specification and is published according to Articles 13 and 27 of this Law, respectively, 
provided that mandatory certification - verification of product compliance with the 
specification and adding information about the user to the list of users - is carried out. The 
relevant market operator shall bear the costs of the mandatory compliance check.  
2. Any discriminatory restrictions regarding the use of registered geographical indications 
and traditional specialities guaranteed are not allowed.  
3. In the process of using quality schemes, each user is obliged to:  
1) implement effective self -control measures;  
2) ensure document flow and ensure that documentary evidence regarding the production 
process described in the product specification is kept.  
4. The provisions of this Article do not apply to geographical indications or traditional 
specialities guaranteed of foreign countries that are used according to the rules stated in the 
specifications o f such geographical indications or traditional specialities guaranteed, in 
documents replacing the specification, or in relevant international agreements, according to 
which the relevant geographical indication or traditional specialities guaranteed are gr anted 
legal protection in Ukraine  
Article 36.  Maintaining a list of users  
1. Each market operator who is a producer of products or is considered as such and wishes 
to start using a quality scheme for agricultural products and foodstu ffs whose geographical 
indication, name of place of origin or traditional speciality guaranteed is entered in the Register 
or the Register of traditional specialities guaranteed, shall be included in the list of users.  
2. The application to start using the quality s cheme shall be submitted by the market 
operator to the specially authorized body together with a certificate of the product’s compliance 
with the specification published in the prescribed manner, in the version valid on the day of 
issuing the certificate. The procedure for preparing, submitting, and reviewing the application 
is approved by the specially authorized body. Without submitting such a certificate, 
information about each user of the quality scheme who has acted as an applicant in the relevant 
application for a geographical indication or a traditional speciality guaranteed or is part of an 
association of persons that has acted as an applicant shall be entered into the list of users.  
3. Information on the start of using the quality scheme shall be en tered into the list of users 
within 10 working days after the submission of properly executed documents specified in the 
second part of this Article.  
4. Users included in the list of users without submitting a certificate of compliance must, 
within 30 cale ndar days after information about them has been entered in the list of users, 
submit the following documents to the specially authorized body:  
1) their own statement, prepared in a free form, stating that the certificate of compliance 
with the specificatio n will be provided within the prescribed period, but not more than within 
six months from the date of submitting the application  
2) the agreement on carrying out compliance ve rification concluded with the certification 
body.  25 
 
In case if the certificate of c ompliance is not submitted within the prescribed period, the 
user shall be excluded from the list of users. After that, the user has the right to submit an 
application to start using the quality scheme on general grounds together with the certificate of 
compliance with the specification.  
5. The user is obliged to submit each new certificate of compliance received to the 
specially authorized body within 10 working days from the day of its receipt.  
6. The specially authorized body excludes information about a  user from the list of users 
if: 
1) the user did not provide a valid certificate of compliance after the expiration of the 
previous certificate;  
2) the certification body reported that the user no longer meets the requirements of the 
specification;  
3) the user included in the list of users according to the procedure specified in part four of 
this Article has not provided a certificate of compliance or other documents specified in part 
four of this Article in time.  
The user list data is regularly updated and  published by the specially authorized body on 
its official website. The procedure for maintaining the list of users is approved by the specially 
authorized body.  
7. Information about users of geographical indications that are protected in Ukraine on the 
basis of international agreements with Ukraine may be included in the list of users in the 
manner established by the specially authorized body.  
8. The specially authorized body sends the data from the list of users to the central 
executive body that impleme nts the state policy in the fields of safety and individual quality 
indicators of foodstuffs and consumers, according to the order of information exchange 
approved by it.  
9. Each market operator included in the list of users is subject to state control acc ording to 
Section VIII of this Law.  
Article 37.  National symbol  
1. Persons who have the right to use a registered geographical indication or a traditional 
speciality guaranteed have the right to apply advisory labelling next to the registered names 
informi ng that such a name is registered in Ukraine. Such labelling shall be applied in the form 
of labelling and/or national symbol specified in the Law of Ukraine "On Legal Protection of 
Geographical Indications."  
2. The national symbol is used for advisory la belling. The requirements for the symbol 
and the rules for its use are approved by the specially authorized body.  
3. Together with the advisory labelling, it is also allowed to include an image of the 
geographical location defined by the product specificat ion, and graphic indications regarding 
the state and/or region where the geographical place of origin is located.  
4. It is allowed to use national symbols in advertising or mass media for the purpose of 
popularizing quality schemes or names registered in a ccordance with them.  26 
 
5. It is allowed to use national symbols only on agricultural products and foodstuffs, the 
names of which are registered and/or protected in Ukraine and which are produced according 
to the rules of the relevant quality scheme.  
6. The use the European Union symbols, abbreviations and indications is allowed only on 
those agricultural products and foodstuffs  whose na mes are registered and/or protected in the 
European Union and which are produced according to the rules of the relevant quality scheme.  
Article 38.  Transition period  
1. To overcome temporary difficulties in ensuring product compliance with the 
specification, the specially authorized body has the right to grant producers a transitional period 
of up to five years, effective f rom the date of registering the geographical indication in Ukraine, 
subject to the following conditions:  
1) market operators who are producers of products with a registered geographical 
indication have been selling such products on the market according to the legislation and using 
the appropriate names on a permanent and regular basis for at least five years before the date 
of submitting the corresponding application for registration  
2) market operators who are producers of products with a registered geogra phical 
indication requested for the transition period to be applied within six months from the moment 
of registering the geographical indication.  
2. Information on granting the transition period shall be entered into the list of users by 
the specially auth orized body within 10 working days from the date of adopting the relevant 
decision by the specially authorized body.  
3. Verification of the product’s compliance with the specification is not required and is 
not carried out by the end of the transition period.  
4. Before the end of the transition period, the applicants for geographical indications 
registered before the entry into force of this Law shall bring the information about the 
geographical indication in compliance with the specification  requirements established by this 
Law. Entering information into the Register and publishing information about the specification 
is done free of charge based on the application submitted to NIPA by the applicant.  
Article 39.  Invalidating the registration o f a geographical indication or traditional 
speciality guaranteed  
1. Registration of a geographical indication or a traditional speciality guaranteed is 
considered invalid in case of non -compliance with the criteria for granting legal protection 
stipulated in Articles 6 and 20 of this Law.  
2. Registered geographical indication or traditional speciality guaranteed recognized as 
invalid shall be deemed to have ceased to be effective from the date of their registration.  
3. When the registered geographical indic ation is recognized as invalid, NIPA reports this 
in its bulletin, and the specially authorized body makes appropriate amendments to the list of 
users.  
4. When the registered traditional speciality guaranteed is recognized as invalid, the 
specially authori zed body shall enter relevant information in the Register of traditional 
specialities guaranteed and in the list of users.  27 
 
Article 40.  Termination of the validity period of a registered geographical indication or 
traditional speciality guaranteed  
1. The va lidity period of a registered geographical indication or traditional speciality 
guaranteed is terminated by the court:  
1) if the specially authorized body has established that as a result of a change or loss of 
special natural and/or human factors characte ristic of a defined geographical area, it has 
become impossible to produce products that meet the product specification;  
2) if the geographical indication or traditional speciality guaranteed is not used within 
seven years from the date of publishing infor mation about the registration of the geographical 
indication or from another date of ceasing the use after such publication. Such termination is 
conducted at the request of any interested person;  
3) based on an international agreement with Ukraine.  
2. Vali dity period of the registered geographical indication related to a geographical 
location in a foreign country shall also be terminated if legal protection of such an indication 
is terminated in the country of origin or based on an international agreement w ith Ukraine.  
Section VI. PROTECTION OF RIGHTS AND THE ROLE OF 
ASSOCIATIONS  
Article 41.  Protection of names registered as geographical indications or traditional 
specialities guaranteed  
1. The rights arising from the registration of a geographical indicatio n or traditional 
speciality guaranteed are valid from the date of their registration.  
2. Registration gives persons who meet the requirements for the applicant, defined in 
Articles 9 and 23 of this Law, the right to:  
1) use the registered name in accordanc e with the quality scheme;  
2) take measures to prohibit the use of the registered name by persons who do not have 
the right to do so;  
3) act to ensure compliance of the product, for which the name is registered, with the 
product specification, published ac cording to the procedure established by this Law;  
4) share information and carry out other activities aimed at informing consumers about the 
special qualities of the product for which the name is registered.  
3. The following activities are recognized as the use of the registered name:  
1) applying it to a product, label or product packaging;  
2) use of the name in advertising, on signs;  
3) its reproduction on blank forms, invoices and other documents accompanying the 
product;  
4) its use on the  Internet, including domain names.  
4. The registered name is protected, unless otherwise provided by this Law, against the 
following actions:  28 
 
1) any direct or indirect commercial use of the registered name for a product not covered 
by the registration of t he name and is similar to the product for which the name is registered, 
or if such use leads to abuse of the reputation of the name, including if the specified product is 
used as a component of another product;  
2) any illegal use, imitation or other way of  using a registered geographical indication, 
even if the true place of product’s origin is indicated, or if the registered indication is translated, 
transcribed or transliterated or accompanied by the words "style," "type," "manner", " which is 
produced in ," "imitation," "taste," "similar," etc., including if the specified product is used as a 
component of another product;  
3) any illegal use, imitation or other way of using a registered traditional speciality 
guaranteed or any other actions that may mislead  the consumer;  
4) any other misuse or use that may mislead consumers regarding the source of origin, 
nature or essential qualities of the product, the use of the registered name on the inner or outer 
packaging, in advertising materials or documents relatin g to the respective product, as well as 
the packing the product in packaging that would potentially misrepresent its origin;  
5) any other use that may mislead consumers as to the true origin of the product.  
5. Taking into account the interests of intereste d market operators and in order to prevent 
consumers from being misled about the nature of the product, the geographical place of origin 
of the product or its boundaries, registered homonymous geographical indications are used 
according to the practical co nditions of use jointly determined by the interested market 
operators, according to which such geographical indications differ from each other.  
6. Measures for the legal protection of the quality scheme shall be taken by state authorities 
within their comp etence, and by persons who have the right to use a registered geographical 
indication or traditional speciality guaranteed.  
7. Methodological recommendations on effective self -control measures and document 
flow shall be developed by associations of persons who have acted as applicants for relevant 
registered geographical indications and traditional specialities guaranteed.  
8. Associations of persons who have acted as applican ts for the respective registered 
geographical indications an d traditional specialities guaranteed have the right to take internal 
monitoring measures based on objectivity, impartiality, and documentary recording. The 
results of such monitoring are taken into account by the certification bodies when taking control 
measures according to Chapter VIII of this Law.  
9. Associations of persons who have applied for the respective registered geographical 
indications and traditional specialities guaranteed have the right to:  
1) contribute to ensuring the quality and reputatio n of agricultural products and foodstuffs 
on the market by controlling the use of registered names by persons who do not have the right 
to do so;  
2) take measures to ensure proper legal protection of registered geographical indications 
and traditional spec ialities guaranteed;  
3) carry out advertising and information activities to inform consumers about the 
characteristics of products that contribute to their added value;  
4) develop measures related to ensuring product compliance with its specification (self -
control and internal control measures);  29 
 
5) take measures to boost the quality scheme effectiveness, carry out economic analysis 
and consult quality scheme users or persons wishing to join quality schemes;  
6) take steps to increase the value of products an d take other steps to prevent any risk that 
poses a potential threat to the reputation of such products.  
Section VII. EXCEPTIONS FOR CERTAIN CASES OF PRIOR 
APPLICATION  
Article 42.  Names that have become generic  
1. This Law does not limit the use of names t hat have become generic in Ukraine if the 
name that has become generic is part of a name registered according to the quality scheme, 
taking into account the current legislation.  
Article 43.  Varieties of plants and breeds of animals  
1. Placing products on the market with the labelling containing a name protected according 
to the quality schemes provided for by this Law, but includes the name of a plant variety or 
animal breed, cannot be restricted, provided that the following conditions are met:  
1) the corresponding product contains or is derived from the specified plant variety or 
animal breed;  
2) consumers are not being misled;  
3) the use of the name of a plant variety or animal breed is in line with fair business 
practices and does not have si gns of unfair competition;  
4) when using the name of a plant variety or animal breed, the reputation of the quality 
scheme is not used illegally;  
5) the production and sale of products on the ma rket were carried out outside the 
geographical environment ass ociated with the special qualities of the product for which the 
geographical indication is registered, until the day of such regi stration.  
Article 44.  Correlation with intellectual property legislation  
1. The norms regarding the use of quality schemes stip ulated by this Law are applied 
without prejudice to the intellectual property legislation, in particular with regard to 
geographical indications and trademarks.  
Section  VIII. CONTROL MEASURES REGARDING THE 
APPLICATION OF QUALITY SCHEMES. LIABILITY FOR 
BREACH  
Article 45.  Ensuring control over the use of quality schemes  
1. The specially authorized body ensures:  
1) control over the use of quality schemes, in particular in t erms of the presence of special 
qualities and other characteristics of the product, information about which is entered in the 
Register or the Register of traditional specialities guaranteed;  
2) effective coordination between certification bodies, the centr al executive body 
implementing state policy in the fields of safety and certain quality indicators of foodstuffs, 
and the specially authorized body.  30 
 
2. Control of the specially authorized body over geographical indications and traditional 
specialities guar anteed includes:  
1) monitoring of the certification process;  
2) control, in particular, monitoring the use of geographical indications registered 
according to Section II of this Law and the use of traditional specialities guaranteed registered 
according to  Section III of this Law on products introduced into civil circulation.  
3. With regard to special quality indicators, control is carried out exclusively by 
monitoring the legality of using a special quality scheme, labelling, and national symbol, 
testifyin g to its use, and taking measures regarding the responsibility for violations of the law.  
4. Control is carried out based on the following principles:  
1) compliance with the terms specified in the international agreements with Ukraine;  
2) equal rights and equal legitimate interests of all market operators;  
3) guaranteeing the rights and legitimate interests of each market operator;  
4) objectivity and impartiality of state supervision (control);  
5) legality  
6) openness, transparency, planned and systematic s tate supervision (control);  
7) inadmissibility of duplicating state control measures between the central executive body 
implementing state policy in the fields of safety and certain quality indicators of foodstuffs and 
consumer rights, its territorial bodi es, state institutions, enterprises and organizations 
subordinate to the central executive body implementing state policy in the fields of safety and 
certain quality indicators of foodstuffs and consumer rights, and executive authorities and 
authorized per sons;  
8) presumption of the legality of the market operator’s activity in the event when the norm 
of the law or the norm of other normative legal act, issued on the basis of the Law, or the norms 
of other laws or normative legal acts, or the norms of one normative legal act allow for an 
ambiguous (multiple) interpretation of rights and obligations of the market operator and/or the 
powers of the central executive body implementing state policy in the fields of safety and 
certain quality indicators of fo odstuffs, and other persons exercising state control;  
9) focus of state control on preventing violations of legislation;  
10) risk and feasibility checks.  
Article 46.  Product certification  
1. Verification of the product’s compliance with the specification i s carried out by:  
1) initial inspection of the product’s compliance with the product specification, which is 
carried out before the market operator -producer of the product joins the quality scheme;  
2) periodic inspection of the product’s compliance with th e product specification.  
2. The initial verification of product compliance with the product specification, which is 
carried out before the market operator -producer of the product joins the quality scheme, is 
conducted after the market operator has selected  the certification body and concluded a 
certification agreement with it.  31 
 
Within two months from the date of concluding the agreement, the certification body, in 
compliance with the requirements for a standard control plan approved by the specially 
authoriz ed body, develops a certification control plan, which must contain the procedure for 
carrying out initial and periodic inspections, and sends it to the specially authorized body for 
approval. The expert commission of the specially authorized body approves the certification 
control plan within two months from the date of its receipt according to the procedure 
determined by the regulation on the expert commission of the specially authorized body, and 
the certification body is obliged to start the initial comp liance inspection within thirty calendar 
days from the moment when the specially authorized body approves the control plan.  
3. Initial and periodic inspections of product compliance with the product specification are 
carried out with a mandatory on -site in spection conducted by the certification body in order to 
establish compliance of the production process with the requirements of this Law and the 
product specification on the basis of the control plan specifying the frequency, duration, and 
scope of inspec tions, as well as methods and ways used in the certification process.  
4. During the periodic inspection, the certification body has the right to:  
1) make amendments to the control plan that involve changing the frequency, duration, 
and scope of control and  self-control;  
2) oblige the market operator to bring product labelling in compliance with the product 
specification published according to the procedure established by this Law;  
3) in case of product’s non -compliance with the specification, initiate the n ext periodic 
inspection ahead of time.  
5. During the certification process, based on the inspection results and after determining 
whether all production stages comply with the requirements of the product specification, the 
certification body makes a substa ntiated decision to issue or refuse to issue a certificate.  
6. If the certification body detects the product’s non -compliance with the specification, 
which can be eliminated by the market operator, the certification body establishes a period for 
the market  operator to take all possible measures to eliminate such discrepancy and notify the 
certification body about its elimination.  
7. The grounds for refusing to issue a certificate include:  
1) identifying non -compliance of any stage of production with the req uirements of the 
product specification, which cannot be eliminated, based on the inspection results;  
2) detecting that information submitted to confirm product compliance with specification 
requirements is inaccurate.  
Refusal to issue a certificate on grounds not provided for in this Article is prohibited.  
8. The certificate is issued to the market operator -producer of t he product if the product’s 
compliance with the specification requirements is established. The bodies that issue certifi cates 
proving product compliance with specifications are cert ification bodies.  
Payment for certification services is carried out by relevant market operators on a 
contractual basis.  
The certificate’s validity period is 24 months from the date of its issuan ce. 
The certificate must include:  32 
 
1) the last name, first name, and patronymic (if available) of the individual entrepreneur/ 
name of the legal entity;  
2) a code according to the Unified State Register of Legal Entities, Individual 
Entrepreneurs and Public  Organizations (for legal entities) or the registration number of the 
taxpayer's registration card (for natural persons), or passport number (for individuals who, due 
to their religious beliefs, refuse to accept the registration number of the taxpayer's ac count card 
and officially notified the appropriate control body about it and have a respective mark in the 
passport);  
3) type of quality scheme and protected name, details of the published product 
specification and the source where it is published;  
4) date  of issuing the certificate and date of its expiry;  
5) information about the certification body that issued the certificate.  
The procedure for issuing the certificate and its form are approved by the specially 
authorized body.  
9. The certification body has the right to suspend or revoke the certificate.  
Grounds for making a decision to suspend the certificate include:  
1) violations of the product specification requirements committed by the market operator -
producer of the product that h ave been detected by the certification body;  
2) the market operator -producer of the product did not pass the periodic inspection of the 
product’s compliance with the specification;  
3) failure of the market operator -producer of the product to provide free a ccess to their 
facilities and their failure to provide, at the request of the certification bodies, the documents 
necessary for inspection, including financial documents specified in the certification procedure 
approved by the specially authorized body.  
In case when the market operator -producer of the product eliminates the violations that 
led to the suspension of the certificate, the certification body makes a decision to renew the 
certificate.  
10. Grounds for making a decision to revoke the certificate in clude:  
1) failure of the market operator -producer of the product to conclude a certification 
agreement with the certification body within 30 calendar days from the day of termination of 
the certification agreement between the certification body and the ope rator the certification 
agreement was concluded with;  
2) failure of the market operator -producer of the product to conclude a certification 
agreement with the certification body within 30 calendar days from the date when the 
certification body the certific ation agreement was concluded with was excluded from the 
Register of certification bodies;  
3) failure to eliminate violations that le d to suspending the  certificate within the period 
determined by the certification body or the central executive body implem enting state policy 
in the fields of safety and certain quality indicators of foodstuffs and consumer rights, which 
cannot be less than 30 days;  33 
 
4) request of the market operator -producer of the product to revoke the certificate issued 
to them;  
5) failure of the market operator -producer of the product to pass the periodic inspection.  
11. The decision of the certification body shall be  appealed in the order of appeal to the 
central executive body implementing the state policy in the fields of safety and cert ain quality 
indicators of foodstuffs. The procedure for reviewing appeals against decisions of certification 
bodies is approved by the specially authorized body.  
Article 47.  Requirements for the certification body and its functions  
1. The specially authori zed body enters into the Register of certification bodies 
information about an enterprise, institution, organization or their subdivision, which:  
1) has accreditation according to the Law of Ukraine "On Accreditation of Conformity 
Assessment Bodies";  
2) is a legal entity registered in accordance with the legislation of Ukraine;  
3) is not a market operator;  
4) has a confirmation that its personnel has the appropriate level of competence in the field 
of certification (work experience and special knowledge in the field of agriculture or food 
industry);  
5) has at least one inspector who works for this certification body on a permanent basis. 
A person possessing not lower than the first level of education (bachelor's degree) and having 
at least five years of work experience in the field of agriculture, food or processing industry 
can be accepted for the position of inspector.  
2. An enterprise, institution, organization or their subdivision, which aspires to be entered 
in the Register of certification bodies, shall submit an application for entry to the specially 
authorized body in a form determined by the specially authorized body.  
The following documents shall be attached to the application:  
a copy of the accreditation certificate;  
the applicant’s ext ract from the Unified State Register of Legal Entities, Individual 
Entrepreneurs and Public Organizations;  
a copy of the charter of the enterprise, institution, organization or their subdivision;  
the list of employees and documents confirming the level of personnel’s competence in 
the field of certification.  
The exceptional grounds for refusing to enter information into the Register of Certification 
Bodies include:  
non-compliance of the enterprise, institution, organization or their subdivision with the 
requirements specified in this Article;  
detecting inaccurate information in submitted documents.  
The decision to enter or refuse to enter information in the Register of certification bodies 
is made by the specially authorized body within 10 calendar days f rom the date of receiving 
the documents specified in this Article.  34 
 
3. The certification body is obliged to submit to the specially authorized body a list of its 
employees, information confirming their level of competence in the field of certification, and 
an annual report on certification work performed during the year annually by January 31 of the 
year following the reporting year.  
4. Certification body:  
1) carries out product certification according to the legislation in the field of geographical 
indicati ons and traditional specialities guaranteed;  
2) prepares certification control plans for each registered geographical indication or 
traditional speciality guaranteed for which it has concluded a certification agreement and 
submits these plans for approval to the specially authorized body, and makes changes to these 
plans;  
3) takes measures to ensure that market operators’ documents can be tracked;  
4) keeps records of issued, suspended, and revoked certificates;  
5) within five calendar days from the date of issuing certificates or making a decision on 
suspending or revoking certificates, gives a written notice about it to the specially authorized 
body and the central executive body implementing the state policy in the fields of safety and 
certain indicators o f the quality of foodstuffs;  
6) at the request of the specially authorized body and the central executive body 
implementing the state policy in the fields of safety and certain indicators of the quality of 
foodstuffs, submits a report on completed certific ation work;  
7) in case of detecting significant non -compliance of the product with the specification 
requirements, immediately notifies the specially authorized body and the central executive 
body implementing state policy in the fields of safety and cert ain indicators of the quality of 
foodstuffs that the market operator does not ensure product compliance with the specification 
requirements;  
8) performs other functions provided for by this Law.  
5. A certification body shall be excluded from the Register o f certification bodies based 
on a decision of the specially authorized body in the event of:  
1) a request of the certification body to be excluded from the Register of certification 
bodies of their own free will;  
2) repeated violation of the certification procedure within one year, which led to the 
wrongful issuance of a certificate or wrongful refusal to issue a certificate;  
3) temporary suspension or revoking of the accreditation certificate;  
4) non -compliance of the certification body with the requiremen ts specified by this Law.  
6. In case of excluding a certification body from the Register of certification bodies, such 
a body is obliged to immediately notify the operators it has entered into certification 
agreements with. Certificates issued by such a ce rtification body do not lose their validity until 
the expiration of the period specified in the certificate, and the operator retains the previous 
production status, but not more than for the period of the certificate’s validity unless other wise 
establishe d by law.  35 
 
7. Certification bodies are subject to annual monitoring by the specially authorized body 
in accordance with the procedure established by the specially authorized body. During the 
annual monitoring, certification bodies are obliged to provide acc ess to their documentation, 
material and technical base, and other infrastructure objects used in the process of certification 
work.  
Article 48.  State control over market operators’ compliance with the legislation on 
geographical indications, traditi onal s pecialities guaranteed, and special quality indicators, and 
over the work of certification bodies  
1. Within the scope of this Law, state control over market operators’ compliance with the 
requirements of the legislation on geographical indications, traditi onal specialities guaranteed, 
and special quality indicators is carried out according to the Law of Ukr aine "On State Control 
over Compliance with the Legislation on Foodstuffs, Sterns, By -products of Animal Origin, 
Health and Well -being of Animals."  
State control over market operators’ compliance with the requirements of the legislation 
on geographical indications, traditional specialities guaranteed, and special quality indicators 
is carried out by taking planned and unplanned measures:  
inspections o f market operators’ activities taking into account a risk -oriented approach, 
carried out with a frequency sufficient to achieve the goals of this Law;  
inspections of the product for its compliance with the product specification for which the 
geographical i ndication or traditional speciality guaranteed is registered, as well as for its 
compliance with the conditions of using registered names on products introduced into civilian 
circulation, specified in this Law.  
Planned state control measures are carried ou t in accordance with the annual state control 
plan.  
2. For the purpose of state control within the scope of this Law, laboratory studies (tests) 
of quality indicators, physical, chemical, and organoleptic characteristics of the product are 
carried out by a uthorized laboratories.  
3. State control over the work of certification bodies is exercised according to the Law of 
Ukraine "On the Basic Principles of State Supervision (control) in the Sphere of Economic 
Activity."  
Article 49.  Powers of officials exercising state control (supervision)  
1. Officials who exercise state control (supervision) in the scope of this Law, in order to 
fulfill the tasks assigned to them within the scope of their powers, have the right to:  
1) freely visit inspection facilities, obtain information necessary for exercising state 
control (supervision), documentation, samples of raw materials, other materials and finished 
products for laboratory research;  
2) issue orders to eliminate violations of legislative requirements  in the field of quality 
schemes;  
3) issue administrative acts (resolutions, decisions) to withdraw and/or remove products 
that do not meet the requirements of legislation in the field of quality schemes and product 
specifications if the products are label led with a national symbol in any language.  
Section IX. LIABILITY FOR VIOLATION OF LAW  36 
 
Article 50.  Violation of rights arising from the registration of a geographical indication or 
a traditional speciality guaranteed  
1. Any encroachment on the rights arisi ng from the registration of a geographical 
indication or a traditional speciality guaranteed entails responsibility according to the law. At 
the request of any person who has the right to use a geographical indication or a traditional 
speciality guaranteed , or a public authority, such violation must be stopped, and the violator 
must compensate for the damage caused in court.  
At the choice of the plaintiff who applied for the protection of their violated right or 
interest protected by law, it is allowed to r eplace the damages with the payment of 
compensation in the amount of 10 to 500 minimum wages, which is determined by the court 
depending on the nature of the violation.  
2. The court also has the right to make a decision to impose a fine on the violator in the 
amount of 10 percent of the amount awarded in favor of the plaintiff. Funds from the fine are 
credited to the State Budget of Ukraine in accordance with the established procedure.  
3. A person who has the right to use a geographical indication or a trad itional speciality 
guaranteed, or a state authority has the right to demand withdrawal from circulation and 
destruction at the violator's expense of products, packages, and labels with the name protected 
under the quality scheme and/or with the national sy mbol or precautionary labelling specified 
in the Law of Ukraine "On Legal Protection of Geographical Indications" used without proper 
legal grounds.  
Article 51.  Liability for violations of legislation in the field of quality schemes  
1. Market operators who  sell a product labelled with the use of a geographical indication 
or a traditional speciality guaranteed or is put into civilian circulation using a geographical 
indication or a traditional speciality guaranteed are liable for the following offenses:  
1) putting products into circulation or sale without obtaining a certificate proving the 
products’ compliance with the specification requirements entails a fine in the amount of eight 
minimum wages for legal entities, and a fine in the amount of five minimum w ages for 
individual entrepreneurs;  
2) use of a national symbol or precautionary labelling specified in the Law of Ukraine "On 
Legal Protection of Geographical Indications" for an unregistered geographical indication or 
traditional speciality guaranteed, or  use of a symbol similar to the degree of confusion with the 
national symbol for an unregistered geographical indication or traditional speciality 
guaranteed, or use of a special quality indicator without obtaining the right to such use in the 
manner presc ribed by this Law entails a fine in the amount of five minimum wages for legal 
entities, and a fine in the amount of three minimum wages for individual entrepreneurs;  
3) failure to provide information about products put into circulation using the quality 
scheme, untimely provision of such information or provision of inaccurate information entails 
a fine in the amount of five minimum wages for legal entities, and a fine in the amount of three 
minimum wages for individual entrepreneurs;  
4) refusal to allow an  official of the central executive body implementing state policy in 
the fields of safety and certain quality indicators of foodstuffs, or its territorial body to exercise 
state control on grounds not stipulated by law, or otherwise obstructing their legal  activity 
entails a fine in the amount of ten minimum wages for legal entities, and a fine in the amount 
of seven minimum wages for individual entrepreneurs;  37 
 
5) non -fulfilment or untimely fulfillment of the legal requirements (orders) of an official 
of the  central executive body implementing state policy in the fields of safety and certain 
quality indicators of foodstuffs, or its territorial body on eliminating violations of this Law 
entails a fine in the amount of eight minimum wages for legal entities, an d a fine in the amount 
of five minimum wages for individual entrepreneurs.  
2. Certification bodies are liable for the following offenses:  
1) non -fulfilment or untimely fulfillment of legal requirements (orders, administrative 
acts) on eliminating violation s of legislative requirements in the field of quality schemes entails 
a fine in the amount of eight minimum wages;  
2) failure to provide information stipulated by this Law or a report on certificates issued 
by the authorities, untimely provision of such in formation or provision of inaccurate 
information entails a fine in the amount of five minimum wages;  
3) violation of the requirements stipulated by this Law regarding the certification of 
products according to the specification requirements, which led to t he illegal issuance of the 
certificate, entails a fine in the amount of sixteen minimum wages;  
4) repeated violation of the requirements stipulated by this Law regarding the certification 
of products according to the specification requirements, which led t o the illegal issuance of the 
certificate, entails a fine in the amount of twenty -four minimum wages.  
Section X. FINAL AND TRANSITIONAL PROVISIONS  
1. This Law enters into force on the day following its publication.  
2. The following laws of Ukraine shall be amended:  
1) part thirteen of Article 11 of the Law of Ukraine "On the Legal Protection of 
Geographical Indications" (Verkhovna Rada of Ukraine News, 1999, No. 32, Article 267 with 
subsequent amendments) shall be updated by adding paragraph eight w ith the following 
content:  
"In the event when the objection concerns a name denoting a cross -border geographical 
location, and the application is submitted by several applicants jointly, the objection procedure 
shall be carried out in each applicant’s coun try of origin, and the applicants are obliged to 
ensure that the documents related to the objection and the results of its rewiew in each country 
are submitted together with the application";  
2) part four of Article 2 of the Law of Ukraine "On Technical Regulations and Conformity 
Assessment" (Verkhovna Rada of Ukraine News, 2015, No. 14, Article 96 with subsequent 
amendments) after paragraph four, a new paragraph with the following content shall be added:  
"certification of products with register ed geographical indications or traditional 
specialities guaranteed".  
In this regard, paragraphs five to eight shall be considered as paragraphs six to nine, 
respectively;  
3) paragraph 2 of Section VI "Final and Transitional Provisions" of the Law of Ukrain e 
"On Information for Consumers Regarding Food Products" (Verkhovna Rada of Ukraine 
News, 2019, No. 7, Article 41) shall be updated by adding a second paragraph with the 
following content:  38 
 
"As an exception from the provisions of paragraph one of this claus e, it shall be 
temporari ly prescribed that for the period of the legal regime of martial law, introduced by 
Decree of the President of Ukraine "On the Introduction of Martial Law in Ukraine" dated 
February 24, 2022 N o. 64/2022, approved by the Law of Ukrai ne "On Approval of Decree of 
the President of Ukraine ‘On the Introduction of Martial Law in Ukraine’" and within six 
months after its termination or cancellation, foodstuffs that meet the requirements of the 
legislation on providing consumers with informa tion about foodstuffs, which was in effect 
before the entry into force of this Law, but that do not meet the requirements of this Law, may 
be produced and/or placed on the market. Such foodstuffs may be placed on the market before 
their final consumption d ate or their expiration date.".  
3. Until the legislation is brought in line with this Law, laws and other normative legal 
acts shall be applied in the part that does not contradict this Law.  
4. The Cabinet of Ministers of Ukraine within six months from the  date of entry into force 
of this Law shall:  
submit to the Verkhovna Rada of Ukraine proposals for amendments to the laws of 
Ukraine arising from this Law;  
ensure that normative legal acts provided for by this Law are developed, and bring their 
normative l egal acts in compliance with this Law;  
ensure that ministries and other central executive bodies review and bring their regulatory 
acts in compliance with this Law.  
5. In 2023, the Cabinet of Ministers of Ukraine shall inform the Verkhovna Rada of 
Ukraine about the state of implementation of this Law.  
President of Ukraine  V. ZELENSKYI  
Kyiv  
September 6, 2022  
No.2572 -IX