Ukrainian Food Law Digest

Author: Tatyana Pavlova, expert on Ukrainian law, a graduate of the Kharkiv School of Law of Yaroslav Mudryi National Law University


Issue No. 1. (6 June 2022)

Today, Ukrainian food law has acquired particular relevance. After the full-scale invasion of the Russian Federation into Ukraine, the Ukrainian food industry has undergone fast changes, and Ukrainian law related thereto changed significantly. Ukraine applies martial law, which changes the rules of doing business in favour of the state. In order to preserve law and order and solve current macroeconomic problems, food law needed to adapt. That is why this digest offers qualified and operational information on Ukrainian legislation relating to production, transportation, storage and sale of Ukrainian food and feedstuffs.

In the digest you will find out.

1) The quotas of goods have been changed, as regard the export of good which is subject to licensing. Resolutions of the Cabinet of Ministers of Ukraine (the Government) of 5 March 2022 No. 207, of 9 April 2022 No. 422 and of 3 May 2022 No. 549 reduced to zero quotas for the export of rye, oat, buckwheat and edible salt. This means a de facto ban on exports. Subject to a declarative license, it is possible to export wheat and a mixture of wheat and rye – meslin, corn, chicken meat and eggs and sunflower oil. Any other products can be freely exported in accordance with the standard procedure.

2) Customs clearance of certain types of goods, including food products, has been simplified. Namely, on 9 March 2022, the Government of Ukraine adopted Resolution No. 236, which regulates the issue of customs clearance of certain goods imported into the customs territory of Ukraine during the period of application of martial law. In particular, it provides for the possibility of declaration and customs clearance both directly at the border or before any customs authority, and by prior customs declaration without delivery of goods to the customs terminal. In addition, the competent customs authority is given the opportunity to postpone the payment of customs duties when importing goods into the customs territory of Ukraine, on the basis of a written application of the taxpayer submitted simultaneously with the customs declaration.

3) The maximum period for settlements for delivered food products of Ukrainian production of significant social significance has been established by the Decree of the Government of Ukraine No. 160 „On Ensuring the Stable Operation of Food Producers under Martial Law“ of 26 February 2022. The maximum settlement periods cannot exceed 10 days from the date of issuing an invoice by the supplier to pay for the delivered products. The list of such products was approved by the Resolution of the Government of Ukraine of 22 April 2020 No. 341 „On measures to stabilize prices for goods of significant social importance, anti-epidemic goods“, and includes buckwheat, sugar, flour, bread, milk, pasta, eggs, chicken, butter and drinking water.

4) Resolution of the Government of Ukraine of 24 February 2022 No. 153 approved the list of critical imported goods. 

5) A temporary moratorium on cross-border payments from Ukraine has been introduced, except for the cases specified in the Resolution of the Board of the National Bank of Ukraine (the Central Bank) of 24 February 2022 No. 18 „On the activities of the banking system during the period of the introduction of martial law“.

6) The Central Bank of Ukraine has increased the terms of settlements on export-import operations from 90 to 120 calendar days. The corresponding changes were made by the Resolution of the Board of the Central Bank of Ukraine of 7 June 2022 No. 113 „On Amendments to the Resolution of the Board of the National Bank of Ukraine of 24 February 2022 No. 18“, which came into force on 8 June 2022. The new requirements apply to the operations of residents for the export and import of goods carried out from 5 April 2022. For transactions made before the relevant date, the settlement period is 365 days. This was done in response to earlier changes to secondary legislation of 4 April 2022 by which the Central Bank of Ukraine, in order to prevent the withdrawal of capital abroad, temporarily reduced the terms of settlements for export-import operations carried out from 5 April 2022, from 365 to 90 calendar days.

7) The Government of Ukraine has simplified the requirements for labeling of imported food products for their faster import during the period of application martial law by adopting Resolution No. 234 of 9 March 2022 „On measures to ensure uninterrupted supply of imported food and feed under martial law“. Additionally, suppliers of food products may use a language other than the state language of Ukraine for product information, however, accompanying information for a product batch must be in Ukrainian. Labelling of food and feed sent as humanitarian aid is permitted in the language of the importer. Market operators, when closing their facilities, may use the remaining packaging or containers in other facilities producing similar food- and feedstuffs.

8) As long as martial law applies in Ukraine, the procedure for carrying out state controls of compliance with the food and feed law, as well as the legislation related to animal by-products, veterinary medicine and animal welfare, has been regulated under a new regulation – Government Decree No. 537 of 7 May 2022. It provides that: 

  • the state control of compliance shall be carried out at all checkpoints on the state border of Ukraine and customs control zones in the customs territory of Ukraine.
  • an exhaustive list of grounds for conducting physical inspection and laboratory tests of goods imported into Ukraine has been determined. 
  • the import into the territory of Ukraine of appropriately treated products, feed additives, feed for productive animals, live animals, as well as the procedure for the transit of live animals has been standardised.
  • it is possible to import feed additives and feed for productive animals that have the appropriate approval in the EU, which will allow domestic market operators to avoid the time and material resources spent on their registration in Ukraine and, as a result, meet the urgent needs of the livestock industry of Ukraine. 
  • the import into Ukraine of live animals and reproductive material from them from facilities that have not been previously inspected by Ukrainian experts, as well as the procedure for their transit, through the territories of countries where cases of animal diseases with infectious diseases are registered, has been standardized. 

The information is provided from the official state source of Ukraine.  

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