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the concept
• Mission
The mission of FairFood-Ukraine (FFU) cluster is to form a community of honest food business operators striving to gain consumer trust by complying with high standards.
• Goal
The goal of FFU cluster is ensuring safety and quality of food products due to cooperation and interaction among profile cluster participants.
• Eligibility
The key participants of the FFU cluster are food business operators taking care of compliance with the requirements for food products, processing, packaging, storage, delivery and retail put by:
a) the domestic legislation in force mentioned in profile unified acts of state control that are subject to inspection for such business operators,
b) the acquis EU and internationally recognised standards.
Participants of the cluster are not only eager to fulfill the legal requirements in force, but also implement additional obligations to comply with the standards and best practices for food operators within international markets.
Cluster participants:
- apply requirements of the domestic legislation in force, the acquis EU and internationally recognised standards in their business activity,
- implement recommendations of state control bodies and independent auditors in order to confirm compliance with the laws. regulatory acts and other documents,
- never engage in corrupt practices and respond appropriately to proposals of corruption.
• Legal frame
FairFood-Ukraine (FFU) cluster of honest food market operators is a voluntary non-governmental association of individuals and legal entities, whose activities are aimed at ensuring the safety and quality of agricultural and food products through compliance with the requirements of domestic and international legislation, profile regulatory documents, domestic and international standards. Independent certification guarantees the integrity of the food business operator and the appropriate level of safety and quality of food products.
The activity of the FFU cluster is based on a system of rules, which are defined for each category of cluster participants and are mandatory for the implementation.
Participants of the FFU cluster interact with each other according to contracts. The cluster proposes a package of standard contracts in order to unify and simplify internal procedures and relations.
The FFU cluster has the headquarters - the non-governmental and nonprofit organization which is a part of the cluster. To join the cluster, its potential member signs a memorandum on joining the cluster with the headquarters. The cluster headquarters implements the concept, supports the cluster app and other IT tools, coordinates the activities of the cluster participants and represents the cluster in the external relations.
• Cluster community
The FFU cluster participants are:
1) domestic food business operators within the chain 'from farm to fork',
2) owners of standards and conformity assessment organizations,
3) licensed and/or certified individual specialists (trainers, consultants, auditors),
4) domestic and international financial institutions,
5) chambers of commerce, profile business associations, public organizations that are interested in popularizing business integrity.
FFU cluster participants may be subject to qualification requirements for participation in the cluster.
• Activity
The FFU cluster operates on the basis of a memorandum. It supposes recognition of the mission, vision, values and code of conduct for its members and is open to joining members accepting the requirements for participation in the cluster. Violation of the cluster requirements and provisions of the memorandum leads to disciplinary and other sanctions, which the basic documents of the cluster provide.
The activities of the FFU cluster are carried out in remote mode mainly. Physical communication among cluster members, partners and consumers of products and services of cluster participants is provided by chambers of commerce, business associations, business entities and other interested organizations.
The coordination for the cluster activities, development and support of remote interaction tools, managing of cluster databases and registers are carried out by an authorized public organization - the headquarter of the cluster. At the first stages, the NGO "Analytical Center of ASU" works as the FFU cluster headquarter as its initiator of developer.
Cluster participants act according to standard contracts. There is a right to add individual provisions to standard contracts. The cluster headquarter keeps the database (register) of contracts between cluster participants.
• Rules
The FFU cluster operates on the basis of basic documents, formalized internal procedures and rules (for decision-making and sanctioning, for collecting and disseminating information on the cluster activities, certification regarding safe investments, etc.).
The cluster headquarter initiates the development, discussion, and implementation of rules responding to needs that have become evident. Cluster members have a right to propose a new regulation submitting a reasonable proposal to the cluster headquarter.
• Levels of fairness
FFU cluster proposes two levels of evidence of integrity for food business operators: FFU-basic and FFU-advanced. These levels, in turn, are structured according to parameters subjected to the control from a third party.
FFU-basic suggests the integrity due to results of a state inspection from the State Production and Consumer Service of Ukraine.
This level of certification is caused by a high level of corruption in state inspections in Ukraine and by the need for additional confirming compliance with the national legislation when exporting agricultural and food products to international partners and consumers. This level of certification provides guarantee to the consumer of agricultural and food products regarding the safety and quality of products to the extent required by the national legislation.
The FFU-basic level, in turn, splits into two next levels: FFU-basic-beginner and FFU-basic-approved.
FFU-basic-beginner-<direction of state control> means that the business entity has passed training for preparation for state inspections in the indicated direction of state control and announces fulfillment of the requirements mentioned in the unified act for such a direction.
Training on preparations for the state inspections are delivered by professional trainers, mainly members of the KDK trainers' network ("Competence overcomes corruption", www.kdk.net.ua). The training program includes the individual work on preparing the food business entity for the state inspections based on the unified act. Upon completion of such a task, the trainer provides the business operator with a certificate signed with his name. It testifies the responsibility for the awareness of the food business operator regarding the requirements of legislation and state control procedures.
Business operators who have confirmed the FFU-basic-beginner level according to certain direction of the state control are allowed to use a special marking signaling to consumer the level of his fairness.
FFU-basic-approved-<direction of state control> means that the business entity has passed the state inspection in the indicated direction successfully and the report on it is publicly available (websites of state authorities, the Inspection Portal etc.). As well, report is posted in the special cluster register РЕЄСТР FFU:UA:A:.
Market operators are not allowed to apply for the FFU-basic-approved level without confirming the FFU-basic-beginner level. This requirement is caused by the fact that a report on a successful inspection can also be obtained as a result of corruption, thus the efforts of the business operator to gain knowledge about the requirements of the law, the principles of conducting state inspections testify to his commitment to honest actions.
Market operators who have confirmed the FFU-basic-approved level according to a certain direction of state control are allowed to use a special marking signaling to consumers that the food business operator acts in compliance with the law in force.
FFU-advanced suggests the integrity due to results of an independent audit carried out by conformity assessment organization or individual that is duly accredited.
This level of certification provides guarantees to the final consumer of agricultural and food products on the domestic and international markets to the extent assured by certain standards and exceeding the officially approved minimum requirements for the safety and quality of food products.
The FFU cluster invites Ukrainian and international organizations that develop and support standards and other non-governmental regulatory documents aimed to establish high standards for food products, their production, packaging, delivery, storage to participate in the cluster activity. Within the framework of the cluster, such organizations receive an opportunity to work effectively on the Ukrainian market. And the FFU-advanced level outlines the community of food business operators seeking to use the services of such organizations.
The FFU-advanced level also splits into two next levels: FFU-advanced-encounter and FFU-advanced-approved.
FFU-advanced-encounter-<certification system> means that the food business operator has passed training or has received consultations at the spot on meeting the requirements set forth by the indicated certification system.
Training on preparation for the independent audit are delivered by trainers who are licensed by the organization that supports the regulatory documents of the indicated international certification system. Trainer or consultant authorised by the certification system provides the business operator with a certificate issued in accordance with the rules of the system. It testifies awareness of the food business operator regarding the requirements of non-governmental regulatory documents issued by the certification system.
Market operators who have confirmed the FFU-advanced-encounter level for the identified certification system are allowed to use a special marking to signal to consumers and partners his awareness and readiness to implement the extra demands for food safety set by indicated certification system.
FFU-advanced-approved-<certification system> means that the food business operator is certified in accordance with the rules of the certain certification system and the compliance of its products and technologies with the requirements of the indicated certification system is confirmed by an eligible independent auditor.
Market operators who have confirmed the FFU-advanced-approved level in a chosen certification system are allowed to use a special marking signaling compliance with the demands of a chosen certification system.
• Listing
The FFU cluster keeps registers of fair food business operators according to next levels of integrity:
FFU-basic-beginner (FFU:UA:B:),
FFU-basic-approved (FFU:UA:A:),
FFU-advanced-encounter (FFU:Int:E:),
FFU-advanced-approved (FFU:Int:А:).
Registers FFU:UA:B: and FFU:UA:A: are structured according to the directions of state control. Registers FFU:Int:E: and FFU:Int:А: are structured in accordance with the list of international standardisation systems.
Registers of fair food business operators are available to the wide public. Sanction lists available for FFU:UA:B: (FFU-basic-beginner) and FFU:Int:А: (FFU-advanced-approved) levels are also open to the public.
As well, the FFU cluster keeps a number of corporate registers, which may also have an internal structure:
Register of certificates on passing trainings for preparation to the state control (FFU:UA:Certificate)
Register of reports on passing state inspections (FFU:UA:Report:)
Register of certificates issued by conformity assessment organizations or independent auditors (FFU:Int:Certificate)
Register of contracts entered by the cluster participants (FFU:Contracts:)
• Rules for declaration
The declaration of the food business operator integrity is performed in line with the integrity certification levels FFU-basic-beginner (FFU:UA:B:), FFU-basic-approved (FFU:UA:A:), FFU-advanced-encounter (FFU:Int:Е :), FFU-advanced-approved (FFU:Int:А:).
The declaration of integrity at the FFU-basic-beginner level is allowed on the basis of a certificate issued by the trainer and confirming passing the training. The declaration is valid for the period mentioned in the certificate as such a period is defined. And as the period is not mentioned - for 2, 3 or 5 years from the date of declaration according to the degree of risk of the food business operator.
The declaration of integrity at the FFU-basic-approved level is carried out on the basis of an official report signaling the successful passing of the state inspection (planned or unscheduled). It is valid until the date of the next state inspection.
The declaration of integrity at the FFU-advanced-encounter level is based on a document of any form accepted in the chosen certification system. It testifies the passing of training or getting consultations and is valid during the period of validity of the document (in cases where such a period is available).
Declaration of integrity at the FFU-advanced-approved level is based on the certificate issued by a conformity assessment organization or duly accredited/licensed auditor. It suggests compliance with the requirements of the certification system chosen by the food business operator, and is valid during the period of validity of such certificate.
The declaration of integrity can be made at any time during the validity of the documents issued to confirm the passing of training, consultations, inspections, audits.
As a result of the declaration, the name of the food business operator (the official name of a legal entity or an individual entrepreneur) and a link to a certificate or other supporting documents are including to the register FFU:UA:B:, FFU:UA:A:, FFU:Int:E: or FFU:Int:А: and remain there during the validity period of the submitted documents.
• Dishonesty and sanctions
The dishonesty of food business operator is recognised as its attempt to fulfill the requirements of legislation and non-governmental documents superficially, "for the sake of ticking", to obtain nominally the certificate approving passing training or getting consultations on preparation for the state control or certificates of compliance with the standards and good practices. A separate manifestation of dishonesty is an attempt to receive positive report of the state inspection due to corrupting officials.
In view of systemic manifestations of corruption during state inspections or in a case of receiving international certificates that accompany the export of food products, widespread practice of falsification of certificates of international organizations, the FFU cluster deploys and supports the information campaign "StopFakeCertificate". It is conducted by cluster members and partner organizations.
In order to protect the community of honest food business operators, the FFU cluster proposes tools to report facts of dishonesty and corruption. The cluster supports sanction lists of market operators declaring false documents at the FFU-basic and FFU-advanced levels: FFU:UA:B:sanctions :<temporary>, FFU:UA:B:sanctions:<final>, FFU:Int:A:sanctions:<temporary>, FFU:Int:A:sanctions:<final>.
As the fact of falsification concerning training on preparation for the state inspection becomes known, the name of the market operator is put on the sanctions list FFU:UA:B:sanctions:<temporary>. Food business operator provides with the opportunity to pass the training within 2 months and receive proper certificate. If the business operator has not submitted the appropriate training certificate within 3 months, his name is transferred to the sanction list FFU:UA:B:sanctions:<final> and excluded from the FFU:UA:B: register. The food business operator is allowed to submit application for exclusion from the sanction list FFU:UA:B:sanctions:<final>. It is possible to declare integrity at the level of FFU:UA:B: again only in 3 months after the exclusion of his name from the FFU register: UA:B:<direction of state control>.
In a case as the food business operator is subjected to a new state inspection - both planned and unscheduled - it is obliged to notify of the loss of validity of the previously declared report on the successful passing of the state inspection within 10 working days from the date of the start of new inspection. The name of the market operator is excluded from the register of FFU:UA:А:<direction of state control> until the declaration of integrity at the level of FFU:UA:А: on the basis of a new report on a successfully passed state inspection or officially approved documents on overcoming previously indicated problems. If the business operator did not submitted information about the losing validity of the previously declared report within 10 working days from the start of the new inspection, his name is removed from the register of FFU:UA:А:<direction of state control>, and he loses the opportunity to declare integrity at the FFU:UA:А: level for a period of 6 months from the moment his name is removed from the register of FFU:UA:А:<direction of state control>.
If the falsification of training or consultations documents of the certification system becomes known, the name of the food business operator is removing from the register FFU:Int:E:<certification system>. The business operator is allowed to declare integrity at the FFU:Int:E level again only after passing appropriate training or receiving appropriate consultations, but not earlier than 6 months after the removal of his name from the FFU:Int:E:<certification system> register.
In the event that falsification of the certificates of the certain certification system becomes known, the name of the business operator is put onto the sanction list FFU:Int:A:sanctions:<temporary>. The market operator has an opportunity to gain the proper certification within 6 months, using services of the cluster participants. If the business operator has not submitted the appropriate certificate within 7 months, his name is put in the sanction list FFU:Int:A:sanctions:<final> and removed from the register of FFU:Int:A:<certification system>. A business operator has a right to apply for exclusion from the sanction list FFU:Int:A:sanctions:<final> and declare integrity at the level of FFU:Int:A: again only after 1 year from the moment of exclusion from the FFU register: Int:A:<certification system>.
FFU cluster proposes a number of instruments for business and the public on fixing dishonesty of the food business operators. It is possible to report falsification of certificates on passing trainings on preparation for state inspections, documents of passing trainings or getting consultations on complying with international standards, falsification of certificates issued by international institutions, loss of validity of the report issued by the state inspection. , such by conducting internal checks of the FFU cluster, which are carried out in accordance with the internal documents of the cluster and the current capabilities of its headquarters. Recognition of inconsistency of the declared documents is carried out according to the internal procedure of the FFU cluster. As well, internal control is suggested in the FFU cluster according to corporate documents, capacities and resources of the FFU cluster headquarter.
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