T.C.
GIDA, TARIM ve HAYVANCILIK BAKANLIĞI
Gıda ve Kontrol Genel Müdürlüğü
LAW ON ADOPTION OF THE AMENDED DECREE BY-LAW ON THE PRODUCTION, CONSUMPTION AND INSPECTION OF FOOD 
Law No: 5179
Date of Adoption : 27.5.2004
Publication Date in Official Journal: 05.06.2004 - 25483
SECTION ONE
Objective, Scope and Definitions
Objectives
ARTICLE 1. – The objective of this law is to ensure food safety; to provide technical and hygienic production, processing, preservation, storage and marketing of all kinds of foodstuff and materials and substances that contact with food; to ensure due nutrition for the public; to define the characteristics concerning the safety of all kinds of raw, semi processed and processed foodstuffs, food processing aids and substances and materials that contact with food, in order to protect the interests of the producers and consumers and the public health; to identify the minimum technical and hygienic requirements for businesses that produce or sell foodstuff; determine the procedures and principles concerning services related to and inspection of foodstuffs.
Scope
ARTICLE 2. – This Law covers issues concerning provision of food safety; adequate quality and hygienic production, sorting, processing of all kinds of foodstuff and substances and materials in contact with food; food additives and food processing aids; packaging; labelling; storage; transportation/handling; selling and inspection procedures; authorisations, duties and responsibilities; risk analyses; precautionary measures; protection of food and consumers’ rights; traceability; and notifications (Rapid alert or non alert notifications).
Where this Law does not specify any provisions, general provisions shall apply.Definitions
ARTICLE 3. – For the purposes of this Law, the following terms are used in the meanings specified herein:
The Ministry: The Ministry of Agriculture and Rural Affairs,
Turkish food legislation: All legislations covering foodstuffs and substances and materials in contact with food; and especially covering every stage concerning regulation of food safety and production, processing, distribution and selling of foodstuffs and substances and materials in contact with foodstuffs,
Food Codex: Turkish Food Codex,
Food/Foodstuff: All kinds of raw, semi processed or processed substances eaten and/or drunk by humans, including alcoholic beverages and gums, substances requiring preparation or processing, excluding tobacco and those used only as medicament,
Organic food: Raw, semi processed or processed, certified food produced, grown, collected from the nature, hunted, packaged and labelled in accordance with organic production and growing technique, under the control of a control and/or certification body,
Businesses producing foodstuffs: All establishments where one or more of the storage, sorting, processing, adding value, rendering resistance and packaging works of foodstuffs, starting with raw materials, where foodstuffs are stored to be sent to selling places and which may be deemed as complementary to such,
Foodstuff selling places: Places where all kinds of raw, semi processed or processed foodstuffs are distributed or sold, retail or wholesale, and the places where such are stored to be sold,
Businesses producing and selling foodstuffs: All establishments where one or more of the storage, sorting, processing, adding value, rendering resistance and packaging works of foodstuffs, starting with raw materials, where all kinds of raw, semi processed or processed foodstuffs are distributed or sold, retail or wholesale, and the places where such are stored to be sold,
Common consumption place: Places where foodstuffs are processed and produced in accordance with the techniques and presented for consumption at the same place,
Food Operators: Real or judicial persons who are responsible for the compliance of the foodstuffs they import, produce, process, manufacture or distribute,
Responsible manager: The manager who together with the employer is responsible for production in compliance with the food legislations,
Primary production: Hunting, collecting, fishing, harvesting, milking, including farming animals prior to slaughter,
Raw material: All substances used to obtain the products and semi manufactured or manufactured material from primary production of foodstuffs,
Food processing aids: Substances which are not used as a food component by themselves, but which are used as a raw material for a specific purpose during processing or production of food or its constituents, and which necessarily leave residues of themselves or their constituents, such residues not posing any health risk,
Food additive: Substances which are not consumed as foodstuff by themselves, not used as raw material and/or processing aid for food, which possess or not possess nutritional value by themselves, which might exist in processed substances as residue or derivative as necessitated by the processing technology chosen, and which are permitted to be used to preserve and correct or to prevent unwanted changes in the flavour, odour, appearance, structure and other qualities of foodstuffs during their preparation, sorting, processing, packaging, transportation, storage and distribution,
Substances and materials contacting with food: All kinds of materials and substances which are in contact with foodstuffs or are produced intending to contact with foodstuffs,
Functional/Special declaration food: Foodstuff that possess a health protecting, curing and or reducing disease risk effect depending on one or more active ingredients besides its nutritional effects, such effects being scientifically and clinically proven,
Genetically modified food: Food, a part of the DNA of which have been modified as desired through transfer of a gene to plan animal and microbiological sources belonging to another organism by genetic modification technologies,
Special nutrition purpose food: Food which can be distinguished clearly from normal consumption purpose food depending on their composition or production processes, which are suitable for special nutrition purposes and which have been placed on the market indicating such suitability,
Special medical purpose dietary food: Foodstuff prepared, specially produced or formulated for persons whose dietary management can not be met through modification of normal diet or other food or both and for patients whose capacity to ingest, digest, absorb, metabolize or defecate conventional foodstuff or certain food elements in such foodstuff are limited, weakened or impaired, to be used under medical supervision in order to regulate the diets of these patients for certain dietary applications
Foodstuff label: Identification information covering all kinds of written or pressed information marks, stamps and symbols, presented together with the food or pressed on the packaging,
Prepare for consumption: Sorting, weighing, measuring, filling by transferring or mixing, packaging, refrigerating, storing, preserving, transporting and other activities prior to consumption,
Processed material: Foodstuff produced through a certain technology and ready for consumption,
Storehouse: Places installed to preserve foodstuff,
Foodstuff subject to transaction: Foodstuff stored to be sold or to be handed over in other ways, exhibited for selling or handing over by any other way,
Food hygiene: All measures taken to ensure healthy food,
Residue: Residues in food, agricultural products, plants, soil, water or other environmental components of active components of a chemical product permitted to be used and/or its derivatives together with decomposition products and metabolites,
Hazardous food contaminants: All kinds of substances and their compounds undesirably contaminating food during production or marketing,
Control: Determination of the compliance of businesses producing and selling foodstuffs and substances and materials in contact with food with minimum technical and hygienic requirements and the compliance of foodstuffs and substances and materials in contact with food produced and sold in such businesses with legislations,
Adulteration: Production of foodstuffs and substances and materials in contact with food in violation of the legislations and permitted specifications,
Imitation: Presenting foodstuffs and substances and materials in contact with food as if they possess characteristics concerning form, composition and qualifications that they do not really possess,
Advertisement: Ways of presenting foodstuff to increase the rate of sales,
Inspection: Procedures carried out by the Ministry to conduct and/or verify food control services,
Hazard: Potential biological, chemical or physical health danger that may exist in a foodstuff,
Risk: Probable hazard in a foodstuff with such severity that may be dangerous for health,
Risk analysis: A system consisting of three interconnected components: risk assessment, risk management and risk communication;
Risk assessment: The process in which all probable hazards, their characteristics and effects are identified scientifically,
Risk management: The process which considers risk assessment, other legal obligations and when necessary, suitable measures and alternatives,
Risk communication: Exchange of opinions and information as regards risks and risk-related factors among risk assessors, risk managers and other interested parties,
Final consumer: The ultimate consumer of a foodstuff who will not use the food as part of any food business operation or activity.
Free zones: The areas, the location and boundaries of which are determined by the Council of Ministers as per Article 2 of the Law on Free Zones, No. 3218,
Quality: Sum of the characteristics of a foodstuff, determining the compliance of such foodstuff with criteria specified by legislations,
Quality control: Determination of whether foodstuffs presented for consumption are in compliance with legislations,
Traceability: the ability to trace and follow any undesirable substance that is intended to be added to foodstuff or that may arise through all stages of production, processing and marketing,
Certification: Documentation of food quality and control systems by the Ministry or by private and/or public bodies authorised by the Ministry,
Non-hygienic establishment: Establishments which cause or may cause more or less damage to its surroundings physically, psychologically and socially and establishments which may cause pollution of natural resources,
Supplementary food: Products which consist of one or more nutritional elements, vitamins, minerals, proteins, plants, botanical and vegetative substances, amino acids and similar constituents and their extracts and concentrates and the daily intake dose is specified,
Food bank: Organisations established by non-profit associations and foundations which supply all kinds of granted or production surplus safe food, which store such food under favourable conditions and which deliver such food to the poor and to those effected by natural disasters directly or through various charity institutions,
Safe food: Food that does not bear physical, chemical and biological risks throughout its shelf life,
Placing on the market: Activity carried out to present foodstuffs to the market, whether free of charge or not, for supply or consumption purposes,
Food safety: The whole of the measures taken to ensure elimination of physical, chemical, biological and all kinds of hazards that may be present in food,
Food controller/ Food inspector: Persons who have been given training and authorised by the Ministry to carry out food control and food inspection works and processes and who as a minimum condition have had university education in the related field,
Enteral nutritional products: Products used to supplement food intake and/or meet all nutritional element requirements of an individual in cases where the oral food intake of the individual is not adequate due to lack of appetite, various diseases and surgery,
Baby’s food: Food mixtures produced as formulations in compliance with the food codex, to feed infants and suckling babies.
Medical purpose baby’s food: Baby’s food that is produced specially as formulations in compliance with the food codex to regulate the diets of sick infants and that must be used under medical supervision.
SECTION TWO
Production Permit, Food Register, Registry, Employment and the Authorities and Responsibilities Concerning Laboratory Establishment Permit
Production Permit, Food Register, Registry
ARTICLE 4. – The businesses that produce foodstuffs and substances and materials that contact with food shall get a food business working permit and a registry number, complying with the minimum technical and hygienic requirements provided for in the Regulation to be put into effect by the Ministry. Upon submission of a written declaration that the foodstuffs defined by the Turkish Food Codex and to be produced shall be in compliance with the related codex and a label sample, a permission document and number for the referred products is granted. Businesses that produce food that is not defined by the Turkish Food Codex shall obtain a permit and complete the other registry procedures before commencing with production. The documents granted continue to be valid when transferred by inheritance, provided that the conditions at which they were granted have not changed.
Rules concerning production permit, food register and the minimum technical and hygienic requirements that the food businesses should bear are specified by the Regulation to be put into force by the Ministry.
Laboratory establishment permit
ARTICLE 5. – Private and public laboratories may be installed, to be authorised by the Ministry to conduct food safety hygiene and quality analyses of foodstuffs and substances and materials that contact with food.
The procedures and principles related to establishment, working permit and inspection of such laboratories are specified by a Regulation.
The provisions of this article are not applied to laboratories within the framework of the authority of the Ministry of Health and the Turkish Armed Forces.
Employment
ARTICLE 6. – In businesses that produce foodstuffs and substances and materials that contact with food it is obligatory to employ responsible manager in accordance with the nature of production.
The procedures and principles related to being a responsible manager and authorities, responsibilities and employment of responsible managers are specified by a Regulation.
SECTION THREE
Food Codex, National Food Codex Commission, Risk Analysis, Precautionary Measures, Scientific Committees and the National Food Board
Food Codex
ARTICLE 7. – The Turkish Food Codex that covers the minimum quality and hygiene criteria, pesticide and veterinary medicine residues, additives, hazardous food contaminants, sampling, packaging, labelling, transportation, storing principles and methods of analysis are prepared by the National Food Codex Commission, are published and inspected by the Ministry.
It is mandatory that the food products to be placed on the market comply with the food legislations.
National Food Codex Commission
ARTICLE 8. – The National Food Codex Commission is established to be assigned duty in preparation and inspection of the food codex.
The Commission consists of two members from the Ministry, one member from the Ministry of Health, two scientists with expertise and experience on food, one assigned by the Ministry and the other by the Ministry of Health, one member from the Turkish Standards Institute, and one member from the non-governmental organisation that has the highest number of members and carrying out activities on food. The Commission is chaired by the representative of the Ministry and the secretariat is the Ministry.
The Commission meets with minimum majority of the number of members and takes decisions with the majority of the complete number of members.
In taking decisions, the Commission may allude for opinions of private and official law persons.
The Commission is the highest authority in Turkey concerning food codex and carries out the following duties:
1- To appoint various expert sub-commissions for the preparation of the food codex and to supervise their works.
2- To decide upon the codex drafts prepared by the sub-commissions and to submit them to the Ministry to be published.
The procedures and principles related to operation of the National Food Codex Commission and the sub-commissions are specified by Regulations to be put into effect by the Ministry.
Risk Analysis
ARTICLE 9. - In order to achieve the general objective of protection of human health and to ensure food safety, food legislations shall be based on risk analysis except where this is not appropriate to the circumstances and/or the nature of the measure.
Risk assessment shall be based on the available scientific evidence and undertaken in an independent, objective and transparent manner.
Risk management shall take into account the results of risk assessment and precautionary measures are implemented in case the conditions specified in Article 10 of this Law.
The procedures and principles related to risk analysis are specified by a Regulation.
Precautionary Measures
ARTICLE 10. – In specific circumstances where, following an assessment of available information, the possibility of harmful effects on health is identified but scientific uncertainty persists, provisional risk management measures may be adopted, pending further scientific information for a more comprehensive risk assessment.
The procedures and principles related to precautionary measures are specified by a Regulation.
Scientific Committees
ARTICLE 11. - Scientific Committees are established to search for, to collect, arrange, analyse, interpret, summarise scientific and technical data for risk assessment and to reach an opinion.
The procedures and principles related to establishment fields and operation of the scientific committees are specified by a Regulation.
National Food Council and the Union of Food Banks
ARTICLE 12. – The Ministry establishes the National Food Council to allude for opinions and recommendations in carrying out regulations and implementations concerning food.
The Council is chaired by the Minister or the Ministerial Undersecretary and consists of;
Three senior executive representatives from the General Directorate which executes the services related to food; two senior executive representatives from the Ministry of Health; one representative from each of the Ministry of Industry and Commerce, Under-Secretariat of Foreign Trade, Under-Secretariat of State Planning Organisation and the Turkish Standards Institute;
Five university lecturers from food science and technology and plant and animal health invited to allude to for opinion on the subjects on the agenda;
One representative from each of public professional organisations active in the food field and the related private sector organisations and non-governmental organisations.
The Council meets at least once a year.
A Union of Food Banks, the members of which are organisations that are active in food banking, to ensure coordination, cooperation and inspection functions between food banks.
The procedures and principles related to establishment of the Council and the Union are specified by a Regulation.
SECTION FOUR
Notifications, Emergencies, Crisis Management, Traceability and Business Responsibility
Notifications
ARTICLE 13. – The systems concerning notification of a direct or indirect risk arising from food are established by the Ministry, to protect human health and to ensure food safety.
The Ministry, upon getting an information concerning a direct or indirect risk arising from food, communicates such information immediately to the related units and the Ministry of Health, and takes the necessary measures.
The procedures and principles related to notifications are specified by a Regulation.
Emergencies
ARTICLE 14. – In case the possibility arises that a foodstuff produced or imported may be hazardous for health, the necessary measures concerning placing on the market, usage and importation of such foodstuff are taken.
The procedures and principles related to emergencies are specified by a Regulation.
Crisis Management
ARTICLE 15. – When a situation constituting a direct or indirect serious risk against human health is identified, in case such risk is not prevented, eliminated or mitigated with existing provisions or is not duly managed by emergency measures, the Ministry and the Ministry of Health establishes a crisis unit and management with the participation of all related organisations and institutions to provide scientific and technical assistance.
The procedures and principles related to crisis management and the crisis unit are specified by a Regulation.
Traceability
ARTICLE 16. - The traceability shall be established to identify food or any other substance intended to be, or expected to be, incorporated into a food, at all stages of production, processing and distribution.
Food business operators shall have a system that can identify any person from whom they have been supplied with a food or any substance intended to be, or expected to be, incorporated into a food or feed. When necessary, this information will be made available to the competent authorities.
Food which is placed on the market shall be adequately labelled or identified to facilitate its traceability, covering the necessary information.
The procedures and principles related to traceability are specified by a Regulation.
Business Responsibility
ARTICLE 17. - If a food business operator considers a food which has imported, produced, processed, manufactured or distributed is not in compliance with the food safety requirements, it shall immediately initiate procedures to withdraw the food in question from the market and inform the competent authorities thereof.
A food business operator responsible for retail or wholesale and/or distribution activities of a foodstuff withdraw from the market products not in compliance with the food safety requirements and shall participate in contributing to the safety of the food by passing on relevant information necessary to trace a food, cooperating in the action taken by the competent authorities.
The procedures and principles related to business responsibility are specified by a Regulation.
SECTION FIVE
Provisions Concerning Protection of Health
Protection of Health
ARTICLE 18. – To protect human health, businesses producing and/or selling foodstuffs and substances and materials in contact with food;
a) Shall comply with the minimum technical, hygienic and safety requirements specified in the regulations put into force by the Ministry.
b) May not produce, transact or process foodstuffs without complying with the food codex.
c) May not produce foodstuffs with a content that damages human health, may not introduce a hazardous substance in foodstuffs, may not maintain the residue of such a substance and may not implement any process that may lead to a characteristic hazardous to food.
SECTION SIX
Provisions Concerning Food Trade
Foreign Trade
ARTICLE 19.- The Ministry is authorised to determine the principles of inspection of foodstuffs and substances and materials in contact with food with respect to food safety and quality in importation and exportation. However, if the concerned authorities are informed previously that such foodstuffs and substances and materials in contact with food are produced for exportation and/or the exporter declares that such foodstuffs and substances and materials in contact with food are demanded by the state exported to, compliance with the food codex shall not be sought.
If the exported product is returned back, entrance into Turkey is permitted, after determining sameness, provided the public health is not endangered. Selling such products in Turkey shall be permitted only on condition that they are rendered compliant with the Turkish Food Codex.
In importation, compliance with the Turkish Food Codex is sought, except for derogations.
Derogations are as follows: Compliance with the Turkish Food Codex is not sought for foodstuffs:
a) That are placed in customs storehouses and entrepots under customs surveillance or transited,
b) That is brought in by foreign state presidents and their accompaniers to be used or consumed during their stay,
c) That belongs to diplomatic or consular representations,
d) That is brought in for scientific purposes, exhibitions and sports and cultural activities,
e) That is sent as a grant in extraordinary occasions,
f) That is brought in as samples,
g) That are in ships and that will be consumed in the open sea.
The procedures and principles related to inspections in importation and exportation are specified by a Regulation to be prepared taking into account the opinions of the Under-Secretariat of Foreign Trade.
Customs Centres
ARTICLE 20. – The Ministry identifies and announces the customs entrance and exit gates for control of foodstuffs and substances and materials in contact with food to be imported or exported, considering the opinions of the related institutions. To this end, control centres are established at the determined and announced gates.
Advertisement and Presentation
ARTICLE 21. – The labelling, advertising and presentation of foodstuffs and substances and materials in contact with food shall not include texts, figures, pictures or the like which may mislead consumers and expressions that are not true, that are misleading, that may give a mistaken impression of the characteristics, structure, especially nature, properties, composition, amount, resistance, origin, production method of the foodstuffs and substances and materials in contact with food, that refer to effects and characteristics which the food does not possess, and that declare or imply that the foodstuff has special characteristics although it has the same characteristics with similar foodstuffs.
The procedures and principles related to advertisement and presentation are specified by a Regulation.
However, procedures and principles related to functional food/special declaration food and genetically modified food and other similar subjects, proven through scientific methods and clinical tests and approved by the Ministry, are specified by regulations to be put into effect by the Ministry.
Protection of Consumers’ Rights
ARTICLE 22. – Consumers shall be informed by real or judicial persons producing, importing and selling all kinds of foodstuffs and substances and materials in contact with food to protect consumer rights. When necessary, information on content and characteristics of food shall be provided to consumers. Consumers can not be misled and deceived concerning foodstuffs.
The procedures and principles related to protection of consumers’ rights and measures that will enable all sections of the community to participate in stages of food inspection are specified by a Regulation.
SECTION SEVEN
Market Surveillance, Inspection, Control, Certification and the Right of Appeal
Market surveillance and inspection
ARTICLE 23. – Concerning the implementation of this Law and legislation put into effect based on this Law, market surveillance and inspection of all the businesses that produce and sell foodstuffs and substances and materials in contact with food and all the foodstuffs and substances and materials in contact with food produced and sold in such businesses are conducted in cooperation with the related institutions and organisations, without prejudice to the right of intervention of the Ministry of Health in emergencies concerning public health.
Inspection of selling and common consumption places for foodstuffs are conducted by the related authorities, within the framework of the procedures and principles specified by the Ministry, taking into account the opinions of the Ministry of Health.
In accordance with the objectives and scope of this Law, food control and inspection service at all stages of the production and consumption chain, including primary production stage, of the foodstuffs and substances and materials in contact with food are carried out by personnel subject to Law on Official Personnel No. 657, at least with four-year university education, without prejudice to the rights of those have become inspectors before the date of entry into force of this Law, who are subject to Law on Official Personnel No. 657, but who have had only high school education. The procedures and principles related to the choice and training of food controllers and inspectors within the scope of this Law are specified by a Regulation.
Control and certification
ARTICLE 24. - In businesses where food is produced and/or sold, control and certification services concerning quality, risk analysis, and other subjects deemed appropriate by the Ministry may be conducted by public and/or private establishments authorised by the Ministry. Such authorised establishments issue the documents other than those that have to be issued by the Ministry in compliance with this Law.
The Ministry is authorised to cancel the certificates, documents and reports issued by the authorised establishments, indicating the reason, and to specify the duration of the authority to certificate given to the establishments.
The authorised establishments conduct their works and procedures within the framework specified by the Ministry. The authorisations of those establishments that do not conduct their activities in compliance with criteria specified by the Ministry are cancelled by the Ministry. In addition, in case a violation is determined, the necessary legal actions are taken by the Ministry.
The procedures and principles related to control and certification and the criteria to be followed by the establishments are specified by a Regulation.
Right to appeal
ARTICLE 25. – The responsible persons of the businesses producing, importing, exporting and selling foodstuffs and substances and materials in contact with food may appeal to the concerned authorities concerning the results of controls and inspections.
The procedures and principles related to the right of appeal are specified by a Regulation.
SECTION EIGHT
Special Provisions
Provisions concerning water
ARTICLE 26.- The principles concerning appropriate packaging and selling of water from natural resources, natural mineral waters, drinking water, medical water and production of processed drinking water, processed natural spring and mineral waters are specified by the Ministry of health.
The principles concerning production, appropriate packaging and selling of water from natural springs, natural mineral waters, drinking water and production of processed drinking water, processed natural spring and mineral waters into which an additive that is not innate has been introduced are specified by the Ministry.
The procedures and principles related to these subjects are specified by a regulations put into force by the Ministry and the Ministry of Health.
Supplementary food, baby’s food, special medical purpose dietary food, medical purpose baby’s food
ARTICLE 27. - The procedures and principles related to production, importation, exportation and inspection of supplementary foods and baby foods are specified by the Ministry.
The procedures and principles regarding the production, importation, exportation and inspection of special diet foods intended for medical purposes, baby food intended for medical purposes as well as products that do not require prescription but have been scientifically and clinically proven to be used as drugs, including enteral nutritional products, are specified by the Ministry of Health.
Provisions concerning free zones
ARTICLE 28. - Foodstuffs and substances and materials in contact with food, non-compliant with the Turkish food legislation may enter into, produced in or exported from free zones. The procedures and principles related to activities concerning food in free zones are specified by a Regulation to be put into force by the ministry, considering the opinions of the Under-Secretariat of Foreign Trade.
SECTION NINE
Penal Provisions, Collection of Fines and Appeals
Penal Provisions
ARTICLE 29. – Penal provisions to be applied to those who do not comply with this Law are as follows:
a) Real or judicial persons who start with production and/or transact such products without going through the permission and registry procedures specified in Article 4 are banned from production; the produced products are seized and the establishment is fined with an administrative fine of one billion TL. Such establishments are allowed to produce only after their permission and registry procedures are completed.
The products in businesses that sell foodstuffs and substances and materials in contact with food without a production permit or foodstuffs and substances and materials in contact with food, the expiry date of which have ended, are seized and the establishment is fined with an administrative fine of one billion TL.
Establishments that have completed the permission and registry procedures specified in Article 4 but continue production without maintaining minimum technical and hygienic requirements are banned from production until they correct their conditions, the produced products are seized and the establishment is fined with an administrative fine of one billion TL. Such establishments are allowed to produce only after they correct their current conditions. The establishment permits, which are the basis of operation, are cancelled in case they do not correct their deficiencies within the 30 day period given by the concerned authorities.
b) Establishments specified in Article 5 and/or private food control laboratories starting activity without permission are banned from production and the establishment is fined with an administrative fine of ten billion TL.
c) Establishments that do not employ responsible managers in compliance with Article 6 are fined with an administrative fine of one billion TL. In case such establishments do not employ a responsible manager within thirty days, it shall be banned from activity.
The responsible manager who does not duly conduct his task is fined with an administrative fine of two hundred and fifty million TL. In case such undue conduction is repeated, this fine is increased to twice. In case such undue conduction is repeated a third time, he shall be banned from being a responsible manager for six months.
d) Real or judicial persons who do not conduct activity in compliance with the food codex specified in Article 7, except for the provisions specified in Article 18 concerning protection of health, are fined with an administrative fine of five billion TL. In case the violation is caused by label information, such products are seized until label information is corrected.
e) Real or judicial persons who do not comply with the precautionary measures specified in Article 10 are fined with an administrative fine of five billion TL and they are banned from activity.
f) Real or judicial persons who do not comply with the precautionary measures specified in Article 14 are fined with an administrative fine of five billion TL. Such persons shall withdraw the product from the market and in case such action is repeated the administrative fine is increased to twice.
g) Real or judicial persons who do not comply with the provisions concerning traceability specified in Article 16 are fined with an administrative fine of five billion TL and in case such action is repeated the administrative fine is increased to twice.
h) Real or judicial persons who do not comply with the provisions concerning business responsibility specified in Article 17 are fined with an administrative fine of five billion TL and in case such action is repeated the administrative fine is increased to twice.
ı) Real or judicial persons who do violate the bans concerning protection of health specified in Article 18 of this Law are given imprisonment penalty between three months to six months and are fined with an heavy fine between five to twenty billion TL and the products are seized.
i) Real or judicial persons who do not comply with the liabilities concerning importation and exportation specified in Article 19 are fined with an administrative fine of five billion TL The product is withdrawn from the market by the importer/exporter and in case such action is repeated the administrative fine is increased to twice.
j) Real or judicial persons who do not comply with the provisions concerning advertisement and presentation specified in Article 21 are fined with an administrative fine of five billion TL The product is withdrawn from the market by the importer/exporter and in case such action is repeated the administrative fine is increased to twice.
k) Real or judicial persons who do not comply with the provisions concerning the protection of consumers’ rights specified in Article 22 are fined with an administrative fine of five billion TL In case such action is repeated the administrative fine is increased to twice.
l) Establishments that violate the provisions concerning waters, supplementary food, weaning food, special medical purpose dietary food and medical purpose weaning food specified in Articles 26 and 27 of this Law are banned from activity until they comply with the requirements and are fined with an administrative fine of five billion TL In case such action is repeated within one year the administrative fine is increased to twice.
m) Those who impede the inspections conducted in compliance with this Law are fined with an administrative fine of five billion TL
n) The products which are decided to be withdrawn by its producer shall be withdrawn within one week. Producers who fail to do so are fined with an additional administrative fine of five billion TL, the products are withdrawn by the concerned authorities and the costs are charged to the producer together with due legal interest.
In implementation of this article, repeat of the action means repeating the same action that have been penalised within one year following the date the first action was conducted, unless otherwise specified.
Collection of fines and objections
ARTICLE 30. – The administrative fines specified in this Law are given the highest administrative authority of the location. The decisions concerning the administrative fines given are communicated to the concerned in accordance with the provisions of the Notification Law dated 11.2.1959 and No. 7201. Such penalties and fines may be appealed to the authorised administrative court. Such appeal shall not stop implementation of the penalty or fine. The decision given upon appeal is decisive. Such appeals are decided upon within the shortest time possible, examining the documents unless otherwise is necessary. The administrative fines given in compliance with this Law are collected in accordance with the Law on Procedures of Collection of Public Charges, dated 21.7.1953 and No. 6183.
SECTION TEN
Miscellaneous Provisions
ARTICLE 31. – The duties and authorities of the Ministry of Health that have been specified by other legislations concerning protection of general health and hygiene.
Amended provisions
ARTICLE 32. – Article 195 of the General Public Health Law dated 24.4.1930 and No 1593 has been amended as follows:
Article 195. – Mobile sellers are obliged to facilitate inspection and sampling of the concerned officials and to present them the explanations deemed necessary.
ARTICLE 33. – The statement “excluding foodstuffs” has been added to the beginning of Article 1 of the Law on Prevention of adulteration in Trade and Auditing and Protection of Exportation dated 10.6.1930 and No 1705.
ARTICLE 34. – The following sub-paragraph has been added to Article 17 of the Law on Consumer protection dated 23.2.1995 and 4077:
y) Two members from each of the Ministry Of Agriculture and Rural Affairs and the Ministry of health,
Repealed provisions
ARTICLE 35. – The phrases “concerning food” in the title, Article 1 and Article 7 of the Law on Public Bacteriology and Chemistry Laboratories where Investigation and Tests concerning Food and clinics, is conducted, dated 19.3.1927 and No 992 are deleted.
ARTICLE 36. – The phrases “food, drink and” in Article 15(2)(28) and the phrase “to investigate with respect to health and technical considerations the private establishments of the same context” in paragraph (61) of the same Article of the Municipality Law dated 3.4.1930 and No 1580 have been deleted and paragraph (77) of the same Law has been repealed.
ARTICLE 37. – The phrases “Food” in Article 3(1)(6); “with all foodstuffs” in Article 181 (1); “with foodstuffs” in Article 181 (2); “with all foodstuffs” in Article 199; “and 188” in Additional Article 3(1); “for food and drinks” in the last paragraph of Additional Article 3; and “and 188” in Article 297 of the General Public Health Law dated 24.4.1930 and No 1593 have been deleted. Articles 20(1)(8), the last paragraph of Article 181, Articles 183 (1) and (4), Articles 170, 171, 172, 182, 184, 188, 189, 190, 191, 192, 193 and 198 of the General Public Health Law dated 24.4.1930 and No 1593 have been repealed.
ARTICLE 38. - Articles 1(4), 12, 13, 29, 30, 31 and 34 of the Law on Monopoly of Spirits dated 8.6.1942 and No 4250 have been repealed.
ARTICLE 39. - Articles 6 and 7 of the Law dated 3.11.1995 and No 4128 have been repealed.
PROVISIONAL ARTICLE 1. – Until various principles and procedures concerning the regulations and implementations provided for in this Law, the provisions compliant with this Law of the Regulations effected as per Decree having the force of law on Production, Consumption and Inspection of Food dated 24.6.1995 and No 560 continue to be valid. The regulations provided for in this law shall be effected within one year following the date of enforcement of this Law.
PROVISIONAL ARTICLE 2. – Businesses that produce and sell foodstuffs and substances and materials that contact food and that are currently active shall meet the new obligations specified with this Law within one year following the date of enforcement of this Law.
PROVISIONAL ARTICLE 3. – The procedures and principles concerning usage of laboratories owned by the Ministry of Health in food inspection services are specified by a protocol prepared between the Ministry and the Ministry of Health.
PROVISIONAL ARTICLE 4. – Five hundred personnel from the “Health Official” cadres of the Ministry of Health, conducting duty as “Environmental Health Technician”, are transferred to the Ministry of Agriculture and Rural Affairs, within six months at the latest. The cadres for the five hundred personnel the transfer procedures of which have been completed are deleted from the section concerning the Ministry of Health of Table I, annexed to the Decree having the force of law on General Cadre and Its Procedures No 190 and are added to the Ministry of Agriculture and Rural Affairs section of the same Table.
Personnel employed in cadres cancelled and transferred are considered as appointed to the health official cadres of the Ministry of Agriculture and Rural Affairs, without need to further procedures.
In addition to those specified above, the personnel specified by the State Personnel Directorate, the Ministry of Health and the Ministry of Agriculture and Rural Affairs, of the personnel working for food control and inspection services under the Ministry of Health within the context of the Health and Supplementary Health Services class specified in Article 36 of the State Officials Law No 657, are assigned within six months, to cadres of the Ministry of Agriculture and Rural Affairs, with the same title, without further procedures, within the framework of Article 74 of the State Officials Law No 657.
PROVISIONAL ARTICLE 5. – The rights of the businesses that have got working permit, production permit or private food control laboratory permit prior to the publication of this Law are not prejudiced.
PROVISIONAL ARTICLE 6. – In conduct of the duties assigned to the Ministry by this law, the Board of Ministers is authorised to effect title and degree changes in unfilled cadres for the year 2004 in case appropriate titles and degrees can not be found in the Health and Supplementary Health Services class and the Technical Services class, disregarding the last paragraph of the Decree having the force of Law on General Cadre and Its Procedures No 190.
Enforcement
ARTICLE 40. – This Law enters into force on the date of publication.
ARTICLE 41. – The provisions of this Law are executed by the Council of Ministers.