Sanitary and Phytosanitary
State policy and regulatory framework
Article 41 of the Constitution of the Republic of Azerbaijan provides that all persons have a right to a healthy life and that the Government shall ensure the sanitary-epidemiological wellbeing. To implement this provision and establish a legal basis for sanitary and phytosanitary measures, the Parliament of Azerbaijan approved several laws and ratified international agreements. The State Policy in the food safety area is formulated in the State Programme on ensuring food safety in the Republic of Azerbaijan (2018-2025).
The following are the primary legislative acts regulating food safety, veterinary and phytosanitary matters:
- Law № 102-IIIQ "On Phytosanitary Control" adopted on 12.05.2006
- Law № 922-IIQ "On Veterinary" adopted on 31.05.2015
- Law № 759-IQ “On Foodstuffs” adopted on 18.11.1999
- Law № 371 “On Sanitary-Epidemiological Safety” adopted on 10.11.1992
- Law № 60-IQ “On Standardization” adopted on 16.04.1996
- Law № 360-IQ “On Health Protection of Population” adopted on 26.06.1997
- Decree of the Cabinet of Ministers № 231 “On Adoption of Unified List of Goods Falling Under Veterinary, Sanitary and Phytosanitary Control” adopted on 17.06.2016
- Law № 926-IIIQD “On Amendments and Changes to Certain Legislative Acts with regard to the application of “Single Window” while Inspection of Goods and Transportation Facilities at the Check Points on the State Borders of the Republic of Azerbaijan” adopted on 04.12. 2009
According to the Law "On Veterinary", the following are subject to state veterinary control:
- Animals and their genetic materials
- Products and raw materials of animal origin, veterinary preparations, feed and feed additives and specimen thereof brought for veterinary examination, as well as specimens of water, air, soil and plants
- Transportation facilities, all types of containers, packaging materials, inventory, care products and so on, which can cause the entry of infectious diseases
- Venues of legal entities and physical persons where veterinary activity is being conducted
- Venues and fields for production, processing, storage, supply and sale or use of products and raw materials of animal origin
To protect or to avoid the entry into the territory of Azerbaijan of infectious animal diseases from foreign countries, the following is contemplated in the national legislation:
- Importation of animals and eggs for incubation into Azerbaijan is permitted only where they are clinically healthy and safe from diseases and infectious diseases listed by the relevant international organization in the veterinary field, provided that the imported products are from farms not affected by such diseases or located outside of defined distance from the source of the diseases.
- Prior to exportation of products which are under state veterinary control, the exporting country shall issue an international veterinary certificate in a manner prescribed by the relevant international organization in the veterinary field in a language of the importing or exporting country or if necessary in a language mutually agreed by transit countries.
- Movement (from farms to the point of loading onto transportation facilities in the exporting country) of animals for the purpose of breeding, commodity or cutting in the territory of the exporting country shall be implemented in accordance with the conditions mutually agreed by importing and exporting countries.
- Importation into Azerbaijan of products of animal origin for human consumption, animal feeding or pharmacy, or for use in agriculture and industry is permitted only where an authorized body of the exporting country confirms that those products are in conformity with international standards in the field of veterinary and issues an international veterinary certificate in a manner recommended by international organizations in the veterinary field.
- An international certificate drawn up by the relevent body of executive power in accordance with recommendations of international organizations in the veterinary field shall be issued to the animals and products of animal origin exported from Azerbaijan where such certificate is required by the importing country.
Find more information on legislative requirements in the field of veterinary at the following link: www.e-qanun.az/framework/10691
List of products subject to veterinary control
The list of goods subject to veterinary control is adopted through Resolution of the Cabinet of Ministers of the Republic of Azerbaijan. The list includes live animals, poultry and fish, chilled or frozen animal meat, feeding additives etc. See the list at the following link: www.e-qanun.az/framework/33103
According to the Law "On Phytosanitary Control", the following are subject to state phytosanitary control:
- Collection of live fungi, bacteria, viruses, nematodes, ticks, insects and plant pathogens, samples of plants damaged by them, as well as plant herbaria and collections
- Agricultural machines and tools, transportation means, containers, all types of tares and packaging materials, industrial consumer goods and products made from plant and plant materials, peat, compost, other organic fertilizers, soil and soil monoliths and samples, that may be carriers of pests
- Venues of production, processing, procurement, storage, and sale of plant and plant growing products, agricultural lands and woodlands, courtyards and gardens, non-agricultural lands
Phytosanitary measures applied to imported goods
According to the Law “On Phytosanitary Control”, the following measures shall be applied to the commodities subject to phytosanitary control which are imported into Azerbaijan:
- Where the imported goods are not accompanied by related documentation and there is a risk of pest infestation, for the purpose of preventing the entry of pests from foreign countries and their spread into the territory of Azerbaijan, the customs authorities shall inform the related executive power’s body of that fact. The relevant executive power’s body shall apply the following measures:
- With a view to analysing (testing), examination, storage and destruction of products, to keep the plant, plant products or other materials, being under the quarantine control, and goods at phytosanitary control stations, to return them back and impose restrictions on their import
- Prohibit or restrict the import of plant and plant products into the country, if there is a danger of entry of pests into the area
- If pests subject to quarantine which pose a serious danger for the territory of Azerbaijan are found, the appropriate emergency measures shall be taken and the relevant international organizations be informed thereof
- If commodities being imported are not accompanied by all the relevant documents and there is a risk of infestation with pests, the state phytosanitary control service shall give to the importer a written notice on the following:
- Imposition of a quarantine regime through delivery of commodity to a phytosanitary control station
- Taking samples of commodity for the purpose of carrying out the examination and analysis of commodity and detention of goods until obtaining results thereof
- If there is a necessity for neutralization, withdrawing of the commodity and returning it to the owner after the neutralization process
- Unloading and reloading the commodity for the purpose of neutralization
- Necessity for the destruction of the commodity
- If the commodity, which was infested with pests is subjected to quarantine, is not taken back by its owner during a determined period after the neutralization thereof, the state phytosanitary control service can decide to destruct the commodity in the manner set forth in the legislation.
Find more information of protection measures at the following link: www.e-qanun.az/framework/12384
List of products subject to phytosanitary control
The list of goods subject to phytosanitary control is adopted through Resolution of Cabinet of Ministers of the Republic of Azerbaijan. The list includes live plants, potatoes and tomatoes, onion and garlic, citrus fruits and etc. See the list at the following link: www.e-qanun.az/framework/33103
In accordance with the Law “On foodstuffs”, provision of safety and minimum quality assurance of foodstuffs implemented through the following measures:
- Regulation and enhancement of minimum quality requirements and safety of foodstuffs
- Certification of foodstuffs
- State registration of entities dealing with foodstuffs
- State control over minimum quality and safety of foodstuffs
Regulation of minimum quality requirements and safety of foodstuffs
Regulation in the field of quality assurance and safety of foodstuffs is performed by means of environmental, sanitary, veterinary and phytosanitary standards, regulations, rules and requirements establishing minimum quality requirements and safety of the specified products, condition of their production, transportation, storage, packing, sticking of labels and sale.
For foodstuffs exported from Azerbaijan, foodstuffs' safety certificate is issued by relevent body of executive power if such certificate is required by the importing country. This is done in conformity with the requirements of the importing country. Foodstuffs imported into Azerbaijan shall be in accordance with the legislation and accompanied by a recognised certificate of safety or certificate of safety issued by relevant body of executive power of the exporting country. If the producer of imported foodstuffs passed the state registration, the certificate of safety is not required.
To provide compliance of entities dealing with foodstuffs in Azerbaijan to the requirements of technical legal normative acts as well as to veterinary, hygienic and phytosanitary requirements, their activity shall be supervised, foodstuffs shall be passed through examination and such entities shall be register in foodstuffs safety register. An extract from the state register shall be presented to all entities passed the registration. Find more information on foodstuffs safety requirements at the following link: www.e-qanun.az/framework/10691
List of products subject to sanitary control
The list of goods subject to sanitary control is adopted through Resolution of Cabinet of Ministers of the Republic of Azerbaijan. The list includes butter and other dairy products, cheeses and cottage cheese, vegetable oils and their fractions, etc. See the list at the following link: www.e-qanun.az/framework/33103
State authorities and competences
To improve the SPS system in Azerbaijan, the Food Safety Agency was established in 2017 and the unified responsibility for the safety of foodstuffs has been delegated to the Agency. The Food Safety Institute is established in 2018 under the Agency.
Among other competences, the Food Safety Agency provides state supervision over food security, implement sanitary and phytosanitary regulations, conduct state registration of entities dealing with food security, issue food security certificates as well as sanitary and phytosanitary certificates, conduct surveillance over food security in all stages of food chain, including production, storage, packaging, transportation, turnover (including export-import operations). To access the webpage of the Food Safety Agency, click here.
The Law “On Amendments and Changes to Certain Legislative Acts with regard to the Application of “Single Window” while Inspection of Goods and Transportation Facilities at the Check Points on the State Borders of the Republic of Azerbaijan” authorized the State Customs Committee as a “single window” operator. To access the webpage of the State Customs Committee, click here.
WTO pages dedicated to SPS matters:
- WTO Agreement on Sanitary and Phytosanitary Measures
- General page on the SPS Agreement
- SPS Information Management System (including the list of all SPS notifications)
- Enquiry Points
- E-Ping SPS and TBT notification alert system
- List of disputes related to the SPS Agreement
- Dispute settlement jurisprudence in the SPS area
- Book “The WTO Agreements Series – Sanitary and Phytosanitary Measures”
- SPS learning course
Relevant standards-setting bodies
- FAO/WHO Joint Codex Alimentarius Commission
- Secretariat of the International Plant Protection Convention
- World Animal Health Organization