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Law on State Inspection

Summary

The purpose of this law is to define the state inspection system, the legal basis of the state inspection and to regulate the relations related to the implementation of the state inspection.

Updated on : 09-12-2020

LAW OF MONGOLIA

03 January, 2003                                                                                                 Ulaanbaatar

LAW ON STATE INSPECTION

 

Article 1. Purpose of the law

             1.1. The purpose of this law is to define the state inspection system, the legal basis of the state administrative inspection and to regulate the relations related to the implementation of the state inspection.

Article 5⁵.Test sampling

              5⁵.1.If a sample is taken from the product (hereinafter referred to as “sample”) during the inspection, the state inspector shall write a special act which shall include the following:

              5⁵.1.1.The date and place of the act of sampling;

              5⁵.1.2.Name and address of the auditor;

              5⁵.1.3.Name and position of the representative of the inspected person present at the sampling;

              5⁵.1.4.Name, first name and position of the selected state inspector;

              5⁵.1.5.Grounds and requirements for sampling;

              5⁵.1.6.Name of the country of import and manufacturer;

              5⁵.1.7.Sampling time, product name, type, packaging, serial number, production and storage expiration date, total imported and sampled quantity, sample price.

              5⁵.2.The act specified in 5 ⁵ .1 of this Law shall be made in triplicate and one copy shall be given to the examiner and the accredited laboratory and the remaining copy shall be attached to the examination personal file.

              5⁵.3.The state inspector shall take a sample in accordance with the relevant regulations and ensure the integrity, purity, storage and transportation, and temperature regime of the sample. Procedures related to sampling, storage and transportation shall be approved by the Government member in charge of specialized inspection.

               5⁵.4.Inspected person has the right to make complaints to be present in the sample.

               5⁵.5.In case of loss of normal operation of the production mode of the examinee due to sampling of the product, it shall be returned after analysis.

               5⁵.6.The inspection body shall pay the price of the sample to be tested and the methodology for determining the price of the product shall be approved by the Government member in charge of finance. The wholesale (market) price of the product for the last six months is taken into account when determining the price of the product.

               / 5 ⁵ .6 shall be effective as of January 1, 2011 /

               5⁵.7.In case the sample does not meet the requirements of the legislation and standards, as well as repeated testing of the product or an outbreak of foodborne illness, the test fee shall be paid by the examiner.

                5⁵.8.This article shall not apply to professional border inspection.

               / Article 5 ⁵ was added by the law in 6 June 2010 /

Article 10. State inspector of specialized inspection and his / her general powers

               10.9. The state inspector of specialized inspection shall exercise the following general powers:

               10.9.7.In case of direct or indirect harm to human life, health or the environment, as well as in case of an accident, related work, production, service or activity in whole or in part; to suspend until the violation is eliminated, to decontaminate, detoxify and purify the necessary items, to stop the use of the building, machinery and equipment, to prohibit the sale and sale of related products, to destroy or use it for other purposes if it does not contradict the relevant requirements. In case of non-compliance with this decision, to make a decision to terminate the production or service completely, unless otherwise provided by law;

/ This part was amended according to the law dated June 10, 2010 /

 

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