Official Control Systems 

What is Legislation?

Legislation; is fullest extent of laws, terms of reference, regulations etc. and it sets the rights and obligations and is published in the Official Gazette.

It can be examined in 3 different classes according to their scope;

Technical legislation

Implementing Legislation

Food Legislation

To control food safety and to protect public health in this respect are the responsibility of the Ministry of Food, Agriculture and Livestock in our country. The law on food safety and secondary legislation related to this are implemented by this Ministry. This legislation covers all the food served to third parties except the primary product produced for personal consumption and the food prepared for also personal consumption.

According to this law, the food business operator is responsible also for ensuring food safety. Profit making or non-profit Food enterprises in the law are expressed as responsible of food production, processing and in any stage of distribution compliance with the legislative provisions of activities by natural or legal persons with state institutions and organizations.

In order to ensure food safety, the most basic responsibility of the food business operator is to follow the "Official Gazette" and to know and implement the legislation concerning to the field. This will prevent unintentional mistakes and consequent financial losses.

5996 Sayılı Kanun

The most basic legislation that sets out the rules for the provision of food safety is the law no. 5996 on "Veterinary Services, Plant Health, Food and Feed Law". This law is the law that determines the framework of basic principles which food business operator should follow and penalties when required conditions are not met. This is why it is important for all food business operator to know this law in terms of being aware of their obligations.

What are the issues related to food safety in the basic framework of this law? (Click)

The most important provision in the Law is that all responsibility for the provision of food safety is given to the food business operator.

With this law, all competency on food safety was put in one hand and given to the Ministry of Food, Agriculture and Livestock. Many regulations based on the law have been published and taken into force by the relevant Ministry.

These regulations take the legal power from the law numbered 5996 and deal with the issues covered by the law in more detail. (Click)

Implementing Regulations

Food Hygiene Regulation

It is a regulation that sets out the basic hygiene criteria that all food businesses must comply with at every stage of the food chain.


Which are the main subjects in this regulation? (Click)

Since this regulation contains the key elements, it has provisions that all food business operator should be aware of and know it.

There are two important provisions that the food producers should be aware of.
First;
"The food business operator is responsible to ensure that all of the stages of production, processing and distribution under its control are covered by the relevant hygiene requirements laid down in this Regulation"
The second is;
" Food business operator must ensure that food service personnel are adequately trained in the food hygiene issues. They need to be supervised and informed and / or trained, as well as the personnel responsible for the development and maintenance of the HACCP procedure or for the implementation of good practice guidelines, for the implementation of hazard analysis and critical control points (HACCP) principles”.

Click Here

All food business operator should be aware of all of these responsibilities.



Regulation on Special Hygiene Rules for Food of Animal Origin

Enterprises producing food of animal origin should meet additional hygiene requirements in addition to the rules laid down in the Food Hygiene Regulation. These additional rules are set out in the "Regulation on Special Hygiene Rules for Food of Animal Origin". Food businesses producing food of animal origin must comply with these rules in addition to the Food Hygiene Regulation. The food business operator must examine the scope article (article 2) of the regulation to ensure if the provisions in the regulations are applied to its own production or not and whether it is a requirement for it.

What are the main topics and contents covered in this regulation? (Click)

For more detailed information, please refer to "Regulation on Special Hygiene Rules for Animal Foodstuffs (Click)

If you are producing food of animal origin, you will have to produce with more strict rules and you will be subject to more detailed, frequent official checks.

Registration and Approval Regulation

Food enterprises are obliged to notify the Ministry of Food, Agriculture and Livestock and to obtain approval for their work. Two kinds of documents are issued by the Ministry for food enterprises according to the type of production and these enterprises are classified in this way. These are registered businesses and approved businesses.

Click here to see the branch of activities that need to be approved.
Activities that fall within the scope of local, marginal and limited activity (Regulations for Local, Marginalized and Limited Activities in Food Enterprises) from food businesses subject to approval are considered as retail activities. These entities are not within the scope of approval, these enterprises and all entities that do not require approval are entities covered by the registration.

Certified businesses must employ at least a bachelor's degree in accordance with the type of job they are undertaking. The relevant rules are also stated in this regulation.


Official veterinarians, authorized veterinarians and vise official veterinarians are assigned by the Ministry in slaughterhouses and cutting plants. The provisions are also given in this respect in the relevant regulation.

There are some cases where there is an exception for approval and registration, and they are regulated in this regulation.

Kayıtlı ve Onaylı işletmelerin bu işlemleri nasıl yürüteceklerine ilişkin kurallar için tıklayınız.

Regulation on General and Special Hygiene Rules for Small Capacity Slaughterhouses

Some slaughterhouses are considered small-scale according to their daily capacities. In this scope maximum capacity for daily base are;
Only beef cattle and buffalo slaughtering 8 heads beef cattle / buffalo
Only sheep and goat slaughtering 24 heads sheep / goat
Combination of beef cattle, buffalo, sheep and goat slaughtering daily 4 heads beef cattle / buffalo with 12 heads sheep / goat
Cutting of other animals than cattle, buffalo, sheep and goat are 8 headed (other domestic animals).

The small-size slaughterhouse enterprise may obtain the approval certificate, only if there is not an approved slaughterhouse within the boundaries of the district where the slaughterhouse is located within the scope of article 30 of Law no. 5996.

Special approval and operating rules are available for small-size slaughterhouses. Bu şartları sağlayan işletmelerin uyması gereken kurallar için tıklayınız.

Regulation Regarding the Direct Supply of Small Amount of Poultry and Lagomorphs Slaughtering in Farms

Small amounts of poultry and lagomorphs can be slaughtered in the farm to ensure that their meat is supplied directly to the consumer as raw meat. These "small quantities" are specified in concrete terms. In this case, the number of animals does not exceed the following amounts:
150 chickens per month
300 pieces quail, pigeon, pheasant, and partridge per month.
50 ducks or goose or turkey per month
50 lagomorphs per month
Regulations on local, marginal and limited Activities of Food Enterprises Click Here

Regulation on Local, Marginal and Limited Activities of Food Enterprises

As we have expressed in many places, animal originated products are subject to stricter rules than other product groups in the risk-based control system. However, special exemptions have been introduced for businesses that produce small quantities and market their products locally and produce certain products.

Besides the final consumer, this regulation may be applied more easily to these food enterprises who supply to other retailing enterprises, with a number of exemptions, in case the area they served and product quantities are applicable for. Although these enterprises operate in relation to animal originated products, they are not in the category of “approved business” because of the small size of their capacities and they are considered in the registered business class. These products and exemption conditions are below.

What are these products and exemption conditions? (Click)
Bu tür işletmelerin uyması gereken kurallar için tıklayınız.

Regulation to Determine Specific Rules Regarding Official Control of Animal Foods

In addition to the provisions of the Regulation on Official Control of Food and Feed, this Regulation sets out additional official control principles applied in food of animal origin and covers only official controls to be applied to the enterprises implemented by the Regulation on Special Hygiene Rules for Food of Animal Origin.

In the Regulation, additional measures to be applied for each of these activities are specified and applications for import and export stages for these product groups are regulated.

Eğer hayvansal kaynaklı ürün üretiyorsanız hangi şartlarda kontrol edileceğiniz ve sorumluluklarınızı öğrenmek için tıklayınız.

Import Controls

The products that will be imported into the country, that is, the imported products and live animals, must comply with the Laws and Regulations of Law no. 5996.

However, if there are bilateral or multilateral international agreements to which our country is a party, the provisions of the agreements shall apply to imports and exports. The two most fundamental examples of these agreements are: the agreements with the World Trade Organization and the agreements with the European Union.

In the applied import controls, it is taken into consideration that the products which will enter the country do not cause risk to human, animal and plant health and have no negative effect on the environment.

Regarding the importation of foodstuffs, the rules have been set differently for animal and non-animal foodstuffs in accordance with the Law no. 5996.

What are the rules for importing non-animal products (click)

Export Controls

In official controls on the export of live animals and products, the recipient country requests are essential. If the importer country does not have a different claim, the provisions of Law No. 5996 shall be taken into consideration.

Products that do not comply with the provisions of the law may be exported if they comply with the legislation of the importer country or if some explanation about product is declared to import country and it is accepted by this country.

However, even if the import country accepts, products that pose health hazards cannot be exported.

Returning products are subject to the same controls as other imported products and are treated as imported products. These products pass through food safety checks before entering the country.

Standards

Turkish Standards Institution (TSE) sets out the quality criteria of many foodstuffs with or without legislation. TSE may have conditions that are equal to or more stringent than those set out in the legislation. The production in accordance with these standards is optional. The fundamental for production is the provisions of the Turkish Food Codex. TSE standards, which have been enforced mandatory before the development of the Turkish food codex, are no longer used for official controls.

For this reason, producers must use the horizontal and vertical food codex of the Turkish Food Codex (click on the horizontal and vertical food codex) for technical criteria of their food production.

Hazard analysis and critical control points / HACCP

In accordance with the "Food Hygiene" directive, the food business operator is responsible for introducing, implementing and sustaining the procedures based on hazard analysis and critical control points / HACCP principles or a permanent procedure. The rule covers, after primary production and related activities, food businesses which run one or several stages of production, processing and distribution of food.

Hazard analysis and critical control points / HACCP include the following seven basic principles:
 a) Recognizing any hazard to food safety in order to prevent, eliminate and decrease it to acceptable levels,
 b) Recognizing critical control points in the manufacturing of the food that could pose the highest risk during this process in order to prevent, eliminate and decrease it to acceptable levels,
 c) Establishing critical limits at these critical control points that distinguish the unacceptable admissibility for the prevention, elimination or reduction of the recognized hazard,
 d) Establishing and implementing effective monitoring procedures at critical control points,
 e) Establishing and implementing corrective action procedures for situations in which the critical control point cannot be controlled,
 f) Establishing the procedures which are carried out to verify the measures referred in subdivisions (a), (b), (c), (d) and (d) are applied effectively.
 g) Establishing the documents and records in conformity with the structure and size of the enterprise to prove that the measures referred in subdivisions (a), (b), (c), (d), and (e) are applied effectively

When there is a change on the processing method of the product or any change in the production process at any stage, food business operator should review the procedure and make the needed changes and submit to the Ministry the information and documents proving that it meets the conditions above if necessary. (See "Food Hygiene Regulations" for more information.)

Turkish Food Codex (TFC)

The Turkish Food Codex,T is a horizontal and vertical interrelated legislation index that sets out the rules for use in the production of foodstuffs containing the minimum technical and hygiene criteria for food and food contact materials, pesticide residues and veterinary drug residues, food additives, the flavorings and certain food ingredients with flavoring properties, contaminants, packaging, labeling, sampling, methods of analysis, transport and storage.

What is horizontal food codex? (Click)
What is vertical food codex?
The provisions of the vertical food codex are applied in conjunction with the provisions of the horizontal food codex.
In the context of the Turkish food codex, where there is no provision in the horizontal or vertical food codex, the relevant national standard is firstly taken into consideration by the Ministry and international standards are taken into consideration if there is no national standard.

Click here for a list of horizontal and vertical food codices.