1 LEGAL AND NORMATIVE REGULATIONS OF THE RESTAURANT

1. LEGAL AND NORMATIVE REGULATIONS OF THE RESTAURANT INDUSTRY IN UKRAINE. 2. CERTIFICATION PROCEDURE.

1. LEGAL AND NORMATIVE REGULATIONS OF THE RESTAURANT INDUSTRY IN UKRAINE At the present time the restaurant industry is one of the competitive economy sectors in Ukraine showing fast and dynamic development. In the current economic conditions the legal regulation of economic activity in the restaurant industry is of a particular importance and consists of a combination of legislative and regulatory technical acts that are part of the national legal system.

Government policy on the development of the catering and restaurant industry as the important business activity and a vital part of the tourism industry aims to improve its operation in terms of the Laws of Ukraine and is regulated by: • "On Tourism", 18. 11. 2003 N 1282 -IV (with changes) ; • "On Protection of Consumer Rights", 05. 12. 91. № 1023 (with changes and amendments) ; • "On Ensuring Sanitary and Epidemiological Welfare of Population", 24. 02. 94, N 27 (with changes and amendments); • "On the Food Safety and Quality ", 23. 12. 97 p. № 771 (with changes and amendments) - does not apply to tobacco and tobacco products and special foodstuffs , for example:

"Sanitary Rules and Norms for Use of Food Supplements" as approved by the Order of the MOH dated 23. 07. 1996 No. 222 distinguish the following classes of food additives: colorants, preservative agents, acidity regulators, antioxidants, emulsifiers, stabilizing agents, thickeners, modified starch, jellifying agents, glazing agents, fillers, flavour and aroma enhancers, aromatics, sweeteners, enzyme preparations, organic solvents, carrier solvents, packaging gas, propellants. (Food additives may be used in food manufacture and foodstuffs in circulation after their registration with the MOH. Food additives may be used in Ukraine only if: — there is a justified manufacturing necessity in the food additive and this goal may not be achieved with other means available for manufacture; — a food additive does not pose a threat to health of consumers on the level of proposed use which may be determined based on available scientific proof; — a food additive does not mislead consumers);

"On Drinking Water and Drinking Water Supply", 13. 03. 2002 No. 321; “On the State Regulation of the Manufacture and Circulation of Ethyl Alcohol, Cognac and Fruit Alcohol and Tobacco Products" dated 19. 12. 1999. № 481/95; "On Measures to Prevent and Decrease Tobacco Consumption and its Harmful Influence on Public Health"dated 27. 12. 2010 No. 1251 (Retail sale of alcoholic beverages and tobacco products at the enterprises of the restaurant industry is carried out only if the appropriate licenses are available);

"On Standardization”, 05. 06. 2014 1315 VII; “On Protection of Economic Competition” No. 2210 III dated 11. 01. 2001; "On Protection against Unfair Competition” 07. 06. 96, N 36; "On Basic Principles of the State Language Policy" dated 03. 07. 2012 No. 5029 VI (an advertiser is entitled to determine the language of advertisements, commercials or any other forms of audio or video advertising products at its own discretion); "On Removal from Circulation, Processing, Utilization, Destruction or Further Use of Poor or Unsafe Products" dated 14. 01. 2000 No. 1393 XIV(Pursuant to this law, product's owner is obliged to remove from circu lation foodstuffs of poor quality or unsafe products, to bring them in line with legislative requirements, if possible, or to ensure processing, utilization or destruction of such products according to the procedure established);

“On Protection of Rights to Inventions and Utility Models” No. 3687 XII dated 15. 12. 1993; “On Protection of Rights to Trademarks for Goods and Services” No. 3689 XII dated 15. 12. 1993; “On Protection of Industrial Designs” No. 3688 XII dated 15. 12. 1993 (Ukraine is a member of the World Intellectual Property Organization, has joined the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty, the TRIPS Agreement and other international conventions and treaties on the intellectual property. Thus, Ukraine has committed itself to the protection of the intellectual property, including inventions, trade secrets (know how) and other objects in the food industry from unfair commercial use);

The standards on secure number of seats in the restaurants, approved by the Ministry of economy of Ukraine, order No. 1111 dated 12. 10. 2009; “On Personal Data Protection” No. 2297 – VI dated 01. 06. 2010; Order of the Ministry of Economy of 11. 07. 2003 № 185 "On Approval of the Rules of Retail Trade of Food Products"; regulations of the Cabinet of Ministers of Ukraine concerning the programs of development of this sphere of economic activity. (You have to remember that all these laws and acts have new wordings and changes and you should consult the documents with the latest amendments).

Legal framework for the coordination of the functioning of restaurant enterprises determine the Laws of Ukraine, normative and regulatory acts, state standards in the following aspects: terms and definitions necessary for mutual understanding and equal perception of the concepts describing the restaurant product and conditions of its sale ; contractual relations, quality and safety of restaurant services; classification of the types of restaurant enterprises and peculiarities of their economic activities; methods of formation, promotion and implementation of the product of the restaurant enterprises ; content and form of information about the products offered by the restaurant enterprises; standard forms of documents and the information represented in them.

Legal and normative regulations govern the relationships between the consumer (a client) and service provider (a restaurant enterprise), coordinate the interests of the consumer, the manufacturer and the society and create favourable conditions for development of the restaurant enterprises. The opening of the restaurant enterprise is co ordinated with the local authorities, institutions of the state sanitary epidemiological service in accordance with Ukrainian legislation. A sign indicating its name, type, kind of a business entity and mode of operation should be placed on the facade of the premises.

The mode of operation of the restaurants in the definite district is established by the entity itself. In cases stipulated by the legislation it can be changed after consultation with the local authorities. For restaurant enterprises which serve consumers at the factories, works, companies, banks and other institutions and organizations, the operation mode is set after consultation with the administration. The restaurant enterprises of all forms of ownership must abide the stated mode of operation.

A certificate of compliance is necessary for all types of technological equipment, tools and utensils subject to mandatory certification, the equipment that is not subject to certification must be made of the materials permitted by the Chief sanitary service of Ukraine. Business entities are obliged to have the Rules of management of the enterprises of the restaurant industry, Sanitary regulations, sanitary journal, personal medical records of the workers and employees, registration instructions on occupational safety and labour protection, reviews and suggestions book. Businesses should also have log books of inspections.

Requirements for the quality of food raw materials, food products and semi finished products, packing, labelling, transporting, receiving, implementation conditions, shelf life or expiry date, methods of laboratory control are governed by the legislation of Ukraine. Detergents and disinfectants that are approved by the Ministry of health of Ukraine, in accordance with the instruction approved in the prescribed manner should be used in all restaurant. All laws and regulations mentioned above are to some extent the part of certification procedure which is equally important for any restaurant enterprise

2. CERTIFICATION PROCEDURE. q q q Certification of products (services) is the activity concerning conformity of production requirements. Certification is carried out with the aim of: creation conditions for enterprises to perform efficiently in the domestic market as well as to participate in the international economic, scientific and technical cooperation; assisting consumers in a competent choice of products (services); protecting consumers from substandard or defective products (services); confirming the quality of products (services), declared by the manufacturer; providing safety control of products (services) for the environment, consumers’ health, life and property; Certification may be mandatory or voluntary but to ensure stability of service quality in harmonization of criteria for the classification of domestic enterprises in hospitality management with the WTO's recommendations and taking into account the existing international practices, the restaurant and hospitality services are subject to mandatory certification.

Certification regulations of the restaurant enterprises are based on: GSU 2462 94 "Certification. Basic concepts. Terms and Definitions "; GSU 3230 95 "Quality management and quality assurance. Terms and Definitions "; GSU 4281: 2004 " Restaurant enterprises. Classification"; GSU 3498 96 "Certification System. Types of the documents. Form and description"; GSU 3230 95 "Qality management and quality assurance. Terms and definitions"; GSU ISO 9004 2 96 «Quality management and elements of quality system. Part 2: Guidelines for services"; GC 016 97 "Government classification of goods and services";

The procedure of mandatory certification presupposes: applying for a mandatory certification; determining certification scheme; conducting tests and checks as stipulated by the rules of mandatory certification; analyzing the results and making a decision on the possibility of issuing a certificate of compliance and signing the license agreement; registration and issuance of a certificate of compliance and the signing of a license agreement. In case of voluntary certification of restaurant services choice of certification schemes may be made by the applicant (restaurant management company). In case of the mandatory certification of the restaurant all contracts, certificates, findings of the last inspections, sanitary and epidemiological conditions, fire protection, technical supervision and other fields of restraunt functioning should be checked by organizations within definite jurisdiction and in a due course. After checking the documents, dated not later than six months before the date of commencement of certification tests (checks) Commission may proceed to work on the mandatory certification.

During the tests (checks) the committee members complete full or partial inspection of premises and equipment, evaluate delivery service. The Chairman of the Commission checks for complaints, claims and actions taken; verifications of staff qualification, position instructions, approved in the prescribed manner. The selective testing and analysis of sociological research of consumer protection, consumer complaints and claims services are sometimes carried out by the sociological company (or an expert). §