The Government is preparing rules for the return (replacement) of unusable and dangerous food products
The Ministry of Economy publishes the Draft Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Return (Replacement) of Unfit and Hazardous Food Products" (hereinafter - the Draft Resolution).
Having acquired the status of a candidate for membership in the European Union (EU) on 23.06.2022, Ukraine is further preparing for EU membership, which involves completing a comprehensive transformation of all spheres of life, implementing the norms and standards of EU legislation into national legislation, including in the field of consumer protection.
The Law of Ukraine No. 3153-IX "On Consumer Protection" dated 10.06.2023 (hereinafter referred to as Law No. 3153) was adopted by the Verkhovna Rada of Ukraine to harmonize the consumer protection system in Ukraine with EU principles, approaches and best practices.
Law No. 3153 implements EU consumer protection legislation aimed at regulating issues related, inter alia, to consumer trade services.
Thus, Article 8 of Law No. 3153 establishes that in case of purchase of an unfit or dangerous food product, the consumer has the right to demand that the business entity replace it with a food product that is fit for consumption or to withdraw from the contract and demand a refund.
The Cabinet of Ministers of Ukraine approves the procedure for the return (replacement) of such food products.
Currently, the Law of Ukraine "On Basic Principles and Requirements for Food Safety and Quality" regulates, among other things, the relationship between food market operators and food consumers.
Thus, Article 37 of this Law prohibits the circulation of food products if these objects are: dangerous; unfit for consumption. Such food products are subject to withdrawal from circulation.
Most citizens know in general terms that they, as consumers of goods, have the right to have their rights protected by the state.
At the same time, not all citizens are aware of what exactly their rights are and do not have a clearly defined procedure for returning (replacing), in particular, unusable and dangerous food products.
The urgency of this problem is evidenced by consumer complaints received by the government hotline, in particular, issues related to the sale of unfit for consumption food by business entities, refusal to exchange or refund purchased unfit and dangerous food, mainly in the cities of Kyiv, Kharkiv, Poltava, and Kryvyi Rih.
The government's hotline has recently received about 35,000 calls, and 15% of citizens have applied online.
In the European Union, the majority of such conflicts are resolved voluntarily by the business entity and only 2% of them are brought to court.
Given that the Constitution of Ukraine enshrines a strategic course for Ukraine's full membership in the EU, the creation of a mechanism for interaction between consumers and business entities during the return (replacement) of unusable and dangerous food products will be in line with EU principles, approaches and best practices.
In this regard, and pursuant to clause 1.3 of the plan for organizing the preparation of draft acts and other tasks necessary for the implementation of Law No. 3153, a draft resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for the Return (Replacement) of Unusable and Hazardous Food Products" has been developed.
Please send your comments and suggestions to the draft resolution to the following addresses:
Ministry of Economy of Ukraine 01008, Kyiv, 12/2 M. Hrushevskoho Str. E-mail: tkolisnyk@me.gov.ua
State Regulatory Service of Ukraine
9/11 Arsenalna St., Kyiv, 01011 E-mail: inform@dkrp.gov.ua
Comments and suggestions are accepted within a month.
Additional materials:
- Draft Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Return (Replacement) of Unusable and Hazardous Food Products"
- Regulatory Impact Analysis to the Draft Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Return (Replacement) of Unusable and Hazardous Food Products"
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