MOCA: sector registry

Article 6 of Legislative Decree 10.02.2017, n. 29 relating to good manufacturing practices for materials and objects intended to come into contact with food products, requires that the MOCA form listing the establishments that carry out the activities referred to in Reg. CE 2023/2006 is sent to the territorially competent health authority.

In particular, the new requirement concerns economic operators in the sector of materials and objects intended to come into contact with food, who must notify the territorially competent health authority of the establishments that carry out the activities referred to in Regulation (CE) 2023/2006, with the exception of the factories where the distribution activity to the final consumer takes place exclusively.

This obligation will make it possible to create a registry in the MOCA sector in order to allow the Health Authorities to carry out the official control activities of the MOCAs in accordance with the provisions of Regulation (CE) no. 882/2004, in fact both Regulation (CE) no. 882/2004 that Regulation (CE) 1935/2004 provide that the official control on MOCA also concerns the application of the provisions of Regulation (CE) no. 2023/2006.

In detail, paragraph 2 of art. 6 provides that, in the event that the activity carried out by the economic operator is subject to the obligation of registration or recognition pursuant to Regulation (CE) no. 852/04 and of regulation no. 853/04, the aforementioned communication must be reported in the same report.

Paragraph 3 of art. 6 defines the time within the communication for companies already active must be made, ie within 120 days from the entry into force of the legislative decree in question. On the other hand, no similar times are foreseen for the new activities. In fact, in this case, the communication must be made at the beginning of the activity, similarly and according to the procedures envisaged for the notifications of food business operators.

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