Decree-Law No. 89/92 providing general rules for the quality control of nationally produced, imported or exported food.

This Decree-Law lays down the general rules for controlling the quality of nationally produced, imported or exported food. Chapter I provides that the production and marketing of food may be subject to prior control carried out by the responsible authorities in order to ensure that it complies with quality protection and food hygiene regulations. Quality certificates are instituted for new food products to ensure that they comply with quality standards. These certificates are to be issued by the Directorate-General for Agriculture, Agro-forestry and Livestock. Imported foodstuffs are deemed to comply with national quality standards if they are in conformity with the quality standards of the country of origin, and such conformity is attested on the basis of documents. Chapter II provides that the food quality control system comprises all the services which have the general responsibility for enforcing legislation in this matter. The central authority within the system is the Directorate-General for Agriculture, Agro-forestry and Livestock until a specific autonomous entity is established for this purpose. Its scope is set out in the Decree, and includes the following operations: inspecting food products, personnel and materials used for food production, transport, storage and distribution; examining commercial or technical documentation and examining and verifying any control systems used by production or distribution enterprises, including the reports and results of laboratory tests. A report must be drawn up after every control operation, to serve as documentary proof in court, signed by the parties concerned and by the Food Control Officer. All food products, processed or not, produced in the country and intended for export can only be exported after they have been previously submitted to food quality control. This control is designed to ensure that the product complies with relevant national legislation, and at the request of the exporter to certify that the product is in compliance with the legislation of the country of destination or with a specific international commercial standard specified by the exporter. Food quality control is attested by a national quality mark placed on the product or its packaging, which must be approved by Decree. Chapter III sets up the National Food Commission, directly answerable to the Ministry of Fisheries, Agriculture and Rural Leadership. Its functions are: to draft guidelines for food policy; to promote and participate in the drafting of food quality control standards and norms; to cooperate with allied entities, to issue technical opinions on matters falling within its scope; to analyze the Codex Alimentarius standards in order to adjust them to the national situation. Chapter IV details the offences, liability, aggravating circumstances, treatment of persistent offenders, penalties, etc. Offences include falsifying food products, keeping and selling falsified food products, using false or inaccurate weights and measures, fraudulently using the national quality mark and using symbols or models likely to cause confusion. The Criminal Code and the Code of Criminal Procedure apply subordinately to such offences.