PREMEABLE. Framework and Objectives

Transcription

1 Regulation

2 PREMEABLE Framework and Objectives The economic importance and the omnipresence of food in our lives implicate that food safety should be one of society s main interests, in particular public authorities and food producers. The intention of the Safe-Food initiative is to highlight those companies which obey Food Safety and Hygiene conditions, designated as FSH, and demonstrate that they consider FSH to be a company priority. The purpose of the Safe-Food initiative is to contribute towards the qualification of the Food Sector and strengthen companies production and services with the desired food safety. It is a way of stimulating companies, from the Food Sector, to apply the compulsory conditions required in order to implement the current rules of International Good Practices; communitarian and national legislation regarding FSH, which guarantee food safety as a company priority and reveal an improved attitude on the subject. The companies which adhere to the Safe-Food initiative show concern in the production of food that minimizes consumer risks. The initiative becomes visible through the adherent companies, contributing towards a generation of more informed consumers, who are critical and demanding in reference to Food Safety. Adhesion to the Safe-Food initiative is processed in accordance to the following flow chart and steps: Registration Analysis of Documents Audit Audit Report Company adherent to Safe Food Mod Reg-IAS-1-RO Página 2 de 21

3 CHAPTER I GENERAL PROVISIONS Article 1º Registration 1. In order to register in the Safe-Food initiative, it is necessary to fill out the registration form (Annex A - model form) and attach a copy of all documents which prove that the compulsory legal standards are being carried out (Annex B). 2. The above mentioned documentation includes the following: a) Users License, industrial permit for restaurants and bars, sanitary permits or license permits or authorization of use, as established in point 2 of article 24, Law n.º 234/2007, July 19; b) Declaration of non-dept Social Security; c) Declaration of non-dept Financial Department; d) Complaints Book (in conformity with Law n. º 156/2005, September 15, revoked by Law n. º 371/2007, November 6); e) Updated establishment plan list of employees; f) Compulsory distiches for each sector of activity; g) Updated Price Table with legal VAT included; h) Documents which prove the practice of Safety, Hygiene and Medicine at Work; i) Documents which prove employee training in the area of Safety and Hygiene at Work and HACCP, in conformity with legislation; j) Working Schedules (Business Hours) for Commercial Establishments (Applicable only to commercial establishments); k) Employee Schedules; l) Industrial Cadastre (according to Law n. º 174/2006, August 25) or Commercial Cadastre (for activities pertaining to Section G of the Classification of Economic Activity: CAE). 3. All documentation should be delivered to the head office (by post or in person) of the organization responsible for the Safe-Food initiative. 4. The costs inherent to the registration s assessment should be verified in conjunction with the organization where the registration was made. Article 2º Preliminary Analysis of the Application The application analysis begins shortly after the application has been formalized and after the documents have been verified by the licensed organization. Mod Reg-IAS-1-RO Página 3 de 21

4 Article 3º Adhesion and Renovation Audit 1. Depending on the interested parties agenda, an Adhesion and Renovation Audit will be scheduled, which will be performed by two (2) qualified auditors (one nominated by the licensed organization and one nominated by the licensor organization of the brand EPRALIMA Vocational Training School), with the intent of verifying that all the conditions inherent to the Safe-Food initiative are being carried out. 2. This implementation of this audit is based on a verification list that considers applicable legislation, namely: - Regulation (CE) Nº 178/2002, European Parliament and Council, January 28, 2002; - Regulation (CE) Nº 852/2004, European Parliament and Council, April 29, 2004; - Regulation (CE) Nº 853/2004, European Parliament and Council, April 29, 2004; - Regulation (CE) Nº 2073/2005, European Parliament and Council, November 15, 2005; - Law n.º 113/2006, June 12, 2006; - Regulation (CE) Nº 1441/2007, December 5, 2007 Commission; - Law n. º 147/2006, July 31, 2006; - Law n. º 207/2008, October 23, 2008; - Regulating Decree n. º 20/2008, November 27, 2008); - CODEX Alimentarius. 3. Qualified auditors are those who show proof of auditing experience and specific training in HACCP. Article 4º Preliminary Audit and Maintenance 1. The applicant organization may request a preliminary audit, or maintenance, from the organization responsible for the initiative, in order to verify that all requirements for the adhesion of the Safe-Food initiative are being carried out. 2. The preliminary or maintenance audits will be carried out by only one (1) qualified auditor. 3. After the preliminary or maintenance audit, a report that includes suggestions of improvement will be issued (if there is space). 4. After carrying out the procedures inherent to the preliminary audit (annex B, Verification list 1 and 2), the applicant organization can request a definitive audit in order to adhere to the initiative. 5. The preliminary audit implies supplementary costs that will be designated by the licensed entity. Mod Reg-IAS-1-RO Página 4 de 21

5 Article 5º Definitive Audit Report 1. Within a period of 15 days counting from the date the definitive audit was carried out, the exercising auditors will elaborate a report on the Food Safety and Hygiene conditions found within the establishment. 2. According to the criteria defined on the verification list, a score between 0 and 100 will be attributed, depending on the level of compliance of each distinct parameter. 3. All establishments are granted 100 points, where non-compliance results in demerits (Auditors explain in the report, in an objective manner, when a certain condition is not in conformity). 4. The organization that has a final classification of at least seventy (70) points will be permitted to adhere to the Safe-Food Initiative. Article 6º Specifications regarding the Hotel, Restaurant and Bar Sectors 1. The breach of any of the specific items under analysis will result in the deduction of one (01) or three (03) points. 2. The demerit of 3 points will be verified when there is a non-compliance of the items listed on Verification List 1 (attached): - 1.6; - 2.2; ; - 5.2; - 6.6; - 6.7; b); - 8.1; a); c). Article 7º Specifications regarding the Food Industry, Meat Processing Industry, and the Sales and Distribution of Meat and Meat By-products Sectors 1. The breach of any of the specific items under analysis will result in the deduction of one (01) or three (03) points. Mod Reg-IAS-1-RO Página 5 de 21

6 2. The demerit of 3 points will be verified when there is a non-compliance of the items in sections K, L, and M of the General List, and items from Point III of Annex 1, Point IV of Annex 3 and Point V of Annex 4 of the specific list, or when there is a systematic or repetitive non-compliance of any of the other items on the list. 3. There are two types of Verification Lists for this type of sector, a Specific and a General List: a) General List Conjunction of items common to the various types of enterprises (Food Industry, Meat Processing Industry, and the Sales and Distribution of Meat and Meat By-products). b) Specific List Conjunction of assessed items, specific to each sector. Annex 1 Food Industry; Annex 2 Slaughterhouses; Annex 3 Meat Processing Industry; Annex 4 Sales and Distribution of Meat and Meat By-products Article 8º Disclosure 1. Dissemination activities are the sole responsibility of the licensed organization, and require prior consent from the brand s licensor organization: Safe-Food. 2. The organization that adheres to the Safe-Food initiative, assures that they will place the Safe-Food brand name in locations visible to clients; on the companies facade, as well as, in the interior (according to the annexed Term of Responsibility). 3. All publicity contents that involve the Safe-Food Initiative should follow the rules stipulated in the dossier which contains the applicable Graphical Standards (Annexed). Article 9º Safe-Food Initiative Monitoring Committee 1. The Monitoring Committee of the "Safe Food" Initiative will normally meet four times a year, convened by the licensor of the brand, with the purpose of analysing the Initiative s objectives and the possible revision of procedures relating to it. 2. The following are an integral part of the Monitoring Committee: a) EPRALIMA Vocational Training School; b) ESTG IPVC s School of Management and Technology; c) Organizations that will close exploitation contract of the "Safe-Food" brand name with the licensor organization. Mod Reg-IAS-1-RO Página 6 de 21

7 CHAPTER II SPECIFIC PROVISIONS Article 10º Adhesion to the Safe-Food Initiative Registration of all establishments that belong to the food sector and that comply with the Adhesion Criteria mentioned in article 1, of this diploma, is permitted. Article 11º Presentation of Registration 1. Participation in the Safe-Food initiative is voluntary, and must be presented at the licensed organization. 2. The application form should be sent by registered mail or delivered in person. Article 12º Adhesion Maintenance: Safe-Food 1. The validity period after adhering to the Safe-Food initiative is 12 months. 2. During this period, the licensed organization and the licensor of the brand reserves the right to have follow-up visits of the member organization, without prior notice, in order to assure compliance of all the required criteria. 3. Non-compliance of established premises may lead to the revocation of the adhesion decision, in which, the organization is forbidden to adhere to the Initiative for the next two (2) years. Article 13º Procedures inherent to Maintenance and Renovation 1. The organization adherent to the Safe-Food initiative should ask for maintenance or renovation one (1) month before the validity period (period of 12 months) expires. 2. Along with the application for maintenance or renewal, a maintenance or renewal audit should be requested within the period of 30 days before the membership or renewal expires (12 months in the first two years from the date of adhesion). 3. Each renewal cycle of the "Safe Food" initiative is valid for three (3) years, counting from the moment membership is approved and subsequent renewal of membership. Mod Reg-IAS-1-RO Página 7 de 21

8 4. After adherence to the Safe-Food initiative it is the company s responsibility to request maintenance of its membership, during the first and second year, and renewal in the third year. Article 14º Decision of Maintenance 1. The decision for maintenance is made after the audit has been performed by a qualified auditor nominated by the licensed organization. 2. Considering the concession of maintenance or renewal, the following is required by the member: a) Comply with the requirements highlighted in previous audits; b) Demonstrate the promotion of continuous improvement. 3. In order to comply with lines a) and b) mentioned above, it is necessary that the member: a) Demonstrate effort in complying with the opportunity to improve, as highlighted in previous reports; b) Reduce the total number of demerits, at least 5%, received in the previous year. Article 15º Renovation of the Safe-Food Initiative 1. The organization adherent to the Safe-Food Initiative should request Renovation within thirty (30) days before the expiry date (12 months) after the last year of maintenance. 2. The audit is performed by a group of two (2) qualified auditors; one appointed by the licensed organization and the other by the licensor of the brand. 3. In order to grant the renewal of the Safe-Food Initiative the member organization must: a) Continue to comply with the requirements highlighted in previous audits, which demonstrates an effort to improve; b) Demonstrate the promotion of continuous improvement through the reduction of the total number of demerits, at least 5%, received in the previous year. Article 16º Adhesion Certificate to the Safe-Food Initiative 1. The adhesion certificate will be issued (as well as the maintenance and renovation certificate) by the organization responsible for the initiative (licensed organization). 2. Validation of the certificates mentioned above shall be made by the licensor of the brand, by affixing a label bearing the logo of the initiative. Mod Reg-IAS-1-RO Página 8 de 21

9 Article 17º Use of the Safe-Food image 1. Adherence to the Safe-Food Initiative is proven through the hardcopy of the certificate (Appendix C) given to the member, as well as, the option of placing a plate on the facade of their establishment. 2. The costs of these procedures should be consulted with the organization that represents the brand. 3. The initiative s image corresponds to a logo that is for individual use and is not transferable. 4. Improper use of the logo referred to above will lead to the revocation of use for two (2) years, by the adherent party. 5. The use of the image, for advertising purposes, must follow the criteria listed below (in accordance with those stipulated in the dossier regarding Graphic Norms Reproduction and Application Manual of the Safe-Food initiative symbol). 6. The image of the Safe-Food initiative is registered as a NATIONAL TRADEMARK MIXED SIGNAL/ ILLUSTRATED IN COLOUR. Article 18º Total Cost of the Safe-Food Initiative The registration, maintenance or renewal of membership costs of the Safe Food initiative is available upon request, by the licensed organization/agent, where the application form is submitted. Mod Reg-IAS-1-RO Página 9 de 21

10 CHAPTER III RIGHTS AND OBLIGAIONS Article 19º Obligations of the organization that represents the initiative (licensed organization) The following are obligations of the organization representing the Safe-Food initiative: a) Elaboration of pamphlets for consumer information; b) Publicize the initiative; c) Publicize all companies that adhere to the Safe-Food initiative; d) Disclose all initiatives that directly or indirectly involve the Safe-Food initiative; e) Verify if the adherent companies are complying with their obligations. Article 20º Obligations of the Adherent Organizations The following are obligations of the organizations that adhere to the Safe-Food Initiative: a) Collaborate with the information and disclosure activities aimed at final consumers, and general Food Safety and Hygiene; b) Maintain all the requirements described in the legal criteria of establishments functioning updated; c) Comply with all the requirements regarding Food Safety and Hygiene within the establishment; d) Commit to continuous improvement; e) Use publicity and the Safe-Food image according to the rules stipulated in the dossier (Graphical Norms); f) Acceptance of the Terms of Responsibility (see Terms of Responsibility, (Annex D) of this regulation). Mod Reg-IAS-1-RO Página 10 de 21

11 ANNEXES Mod Reg-IAS-1-RO Página 11 de 21

12 ANNEX A REGISTRATION FORM MODEL I AND II Mod Reg-IAS-1-RO Página 12 de 21

13 RESGISTRATION FORM MODEL I Company Name Insignia CEA* Designation Contribution N. º Judicial Form Registered at the Conservatory License N. º Company s Principle Activity Year of Initial Activity Name(s) of Accountable Individual(s) Address of Head-office Municipality of Head-office Head-office telephone n. º: Fax: Web site Number of Employees at the Head-office *Classification of Economic Activity Yes No Does the company have more than one establishment? If yes, how many do you want to register? * * In this case please fill out model 2 for each of the establishments. Business hours of the Establishment/ Head-office Open: from : to : hours Closed for Lunch: from : to : hours Closed: from : to : hours Closed Weekly: from : to : hours I hereby declare to know and accept the conditions to adhere to the Safe-Food Initiative Name: Signature: Mod Reg-IAS-1-RO Página 13 de 21

14 REGISTRATION FORM - MODEL 2 Insignia CEA* Designation Principle Activity of the Establishment Year of Initial Activity Name(s) of Accountable Individual(s) Address of the Establishment Municipality of the Establishment Establishment Telephone n. º: Fax: Web site Establishment Number: *Classification of Economic Activity Establishment Business Hours Open: from : to : hours Closed for Lunch: from : to : hours Closed: from : to : hours Closed Weekly: from : to : hours Note: this model should only be filled-out when the company has more than one establishment. Mod Reg-IAS-1-RO Página 14 de 21

15 ANNEX B Verification List Criteria for Legal Functioning (Preliminary Analysis for Adhesion) Mod Reg-IAS-1-RO Página 15 de 21

16 ANNEX B DOCUMENTS POSSESED BY THE COMPANY Users License, Industrial permit for restaurants and bars, sanitary permits or license permits or authorization of use, as established in point 2 of article 24, Law n.º 234/2007, July 19 Declaration of non-dept Social Security (ORIGINAL) Declaration of non-dept Financial Department (ORIGINAL) Complaints Book (in conformity with Law n.º 156/2005, September 15, revoked by Law n. º 371/2007, November 6; Compulsory distiches for each sector of activity Updated Price-table with legal VAT included Safety, Hygiene and Medicine at Work Aptitude Forms Safety, Hygiene and Medicine at Work Aptitude Forms Employee Training in the area of Safety and Hygiene at Work and HACCP, in conformity with legislation Business Hours (Applicable to commercial establishments); Employee Schedules Establishment plan list of employees Industrial Cadastre (According to Law n.º 174/2006, August 25) or Commercial Cadastre (for activities pertaining to Section G of the Classification of the Economic Activity: CEA) I hereby declare to know, accept and comply with the Adhesion Conditions, as well as, provide all proof required for the Safe-Food Initiative. Name:,, de 200 Signature: Mod Reg-IAS-1-RO Página 16 de 21

17 ANNEX C Certificate Company Adherent to the Safe-Food Initiative Mod Reg-IAS-1-RO Página 17 de 21

18 ANNEX C Certificate Company Adherent to the Safe-Food Initiative Mod Reg-IAS-1-RO Página 18 de 21

19 ANNEX D TERMS OF RESPONSIBILITY Company Adherent to the Safe-Food Initiative Mod Reg-IAS-1-RO Página 19 de 21

20 TERMS OF RESPONSIBILITY Company Adherent to the Safe-Food Initiative Adhesion to the Safe-Food Initiative allows the final consumer to see the company s commitment... in reference to food safety, which implies the acceptance and compliance of the Safe-Food Initiative Regulations by the Company. The trademark owners of Safe-Food are not civil or criminally liable, as a principle or subsidiary party, for any inconsistency or anomaly regarding the company s activity. Thus, for all intents and purposes, the company... declares responsibility for everything pertaining to the acquisition, hygiene, safety, handling, packaging, processing or conditions of product sales. Date: (Signature of legally liable individual, certified by stamp; or white seal in the case of public organizations) Organization Signature(s) Mod Reg-IAS-1-RO Página 20 de 21

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