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Regulation

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PREMEABLE

Framework and Objectives

The economic importance and the omnipresence of food in our lives implicate that food

safety should be one of society’s main interests, in particular public authorities and food producers.

The intention of the “Safe-Food” initiative is to highlight those companies which obey Food

Safety and Hygiene conditions, designated as FSH, and demonstrate that they consider FSH to be a

company priority.

The purpose of the “Safe-Food” initiative is to contribute towards the qualification of the

Food Sector and strengthen companies’ production and services with the desired food safety.

It is a way of stimulating companies, from the Food Sector, to apply the compulsory

conditions required in order to implement the current rules of International Good Practices;

communitarian and national legislation regarding FSH, which guarantee food safety as a company

priority and reveal an improved attitude on the subject.

The companies which adhere to the “Safe-Food” initiative show concern in the production

of food that minimizes consumer risks. The initiative becomes visible through the adherent

companies, contributing towards a generation of more informed consumers, who are critical and

demanding in reference to Food Safety.

Adhesion to the “Safe-Food” initiative is processed in accordance to the following flow

chart and steps:

Registration

Analysis of

Documents

Audit

Audit Report

Company

adherent to

“Safe Food”


CHAPTER I

GENERAL PROVISIONS

Article 1º

Registration

1. In order to register in the “Safe-Food” initiative, it is necessary to fill out the registration

form (Annex A - model form) and attach a copy of all documents which prove that the compulsory

legal standards are being carried out (Annex B).

2. The above mentioned documentation includes the following:

a) Users License, industrial permit for restaurants and bars, sanitary permits or license

permits or authorization of use, as established in point 2 of article 24, Law n.º 234/2007, July 19;

b) Declaration of non-dept – Social Security;

c) Declaration of non-dept – Financial Department;

d) Complaints Book (in conformity with Law n. º 156/2005, September 15, revoked by Law

n. º 371/2007, November 6);

e) Updated establishment plan – list of employees;

f) Compulsory distiches for each sector of activity;

g) Updated Price Table with legal VAT included;

h) Documents which prove the practice of Safety, Hygiene and Medicine at Work;

i) Documents which prove employee training in the area of Safety and Hygiene at Work and

HACCP, in conformity with legislation;

j) Working Schedules (Business Hours) for Commercial Establishments (Applicable only to

commercial establishments);

k) Employee Schedules;

l) Industrial Cadastre (according to Law n. º 174/2006, August 25) or Commercial Cadastre

(for activities pertaining to Section G of the Classification of Economic Activity: CAE).

3. All documentation should be delivered to the head office (by post or in person) of the

organization responsible for the “Safe-Food” initiative.

4. The costs inherent to the registration’s assessment should be verified in conjunction with

the organization where the registration was made.

Article 2º

Preliminary Analysis of the Application

The application analysis begins shortly after the application has been formalized and after

the documents have been verified by the licensed organization.


Article 3º

Adhesion and Renovation Audit

1. Depending on the interested parties’ agenda, an Adhesion and Renovation Audit will be

scheduled, which will be performed by two (2) qualified auditors (one nominated by the licensed

organization and one nominated by the licensor organization of the brand – EPRALIMA – Vocational

Training School), with the intent of verifying that all the conditions inherent to the “Safe-Food”

initiative are being carried out.

2. This implementation of this audit is based on a verification list that considers applicable

legislation, namely:

- Regulation (CE) Nº 178/2002, European Parliament and Council, January 28, 2002;

- Regulation (CE) Nº 852/2004, European Parliament and Council, April 29, 2004;

- Regulation (CE) Nº 853/2004, European Parliament and Council, April 29, 2004;

- Regulation (CE) Nº 2073/2005, European Parliament and Council, November 15, 2005;

- Law n.º 113/2006, June 12, 2006;

- Regulation (CE) Nº 1441/2007, December 5, 2007 Commission;

- Law n. º 147/2006, July 31, 2006;

- Law n. º 207/2008, October 23, 2008;

- Regulating Decree n. º 20/2008, November 27, 2008);

- CODEX Alimentarius.

3. Qualified auditors are those who show proof of auditing experience and specific training

in HACCP.

Article 4º

Preliminary Audit and Maintenance

1. The applicant organization may request a preliminary audit, or maintenance, from the

organization responsible for the initiative, in order to verify that all requirements for the adhesion

of the “Safe-Food” initiative are being carried out.

2. The preliminary or maintenance audits will be carried out by only one (1) qualified

auditor.

3. After the preliminary or maintenance audit, a report that includes suggestions of

improvement will be issued (if there is space).

4. After carrying out the procedures inherent to the preliminary audit (annex B, Verification

list 1 and 2), the applicant organization can request a definitive audit in order to adhere to the

initiative.

5. The preliminary audit implies supplementary costs that will be designated by the licensed

entity.


Article 5º

Definitive Audit Report

1. Within a period of 15 days counting from the date the definitive audit was carried out,

the exercising auditors will elaborate a report on the Food Safety and Hygiene conditions found

within the establishment.

2. According to the criteria defined on the verification list, a score between 0 and 100 will

be attributed, depending on the level of compliance of each distinct parameter.

3. All establishments are granted 100 points, where non-compliance results in demerits

(Auditors explain in the report, in an objective manner, when a certain condition is not in

conformity).

4. The organization that has a final classification of at least seventy (70) points will be

permitted to adhere to the “Safe-Food” Initiative.

Article 6º

Specifications regarding the Hotel, Restaurant and Bar Sectors

1. The breach of any of the specific items under analysis will result in the deduction of one

(01) or three (03) points.

2. The demerit of 3 points will be verified when there is a non-compliance of the items

listed on Verification List 1 (attached):

- 1.6;

- 2.2;

- 2.11;

- 5.2;

- 6.6;

- 6.7;

- 7.2.b);

- 8.1;

- 10.1. a);

- 10.1.c).

Article 7º

Specifications regarding the Food Industry, Meat Processing Industry, and the Sales and

Distribution of Meat and Meat By-products’ Sectors

1. The breach of any of the specific items under analysis will result in the deduction of one

(01) or three (03) points.


2. The demerit of 3 points will be verified when there is a non-compliance of the items in

sections K, L, and M of the General List, and items from Point III of Annex 1, Point IV of Annex 3 and

Point V of Annex 4 of the specific list, or when there is a systematic or repetitive non-compliance of

any of the other items on the list.

3. There are two types of Verification Lists for this type of sector, a Specific and a General

List:

a) General List – Conjunction of items common to the various types of enterprises (Food

Industry, Meat Processing Industry, and the Sales and Distribution of Meat and Meat By-products).

b) Specific List – Conjunction of assessed items, specific to each sector.

Annex 1 – Food Industry;

Annex 2 – Slaughterhouses;

Annex 3 – Meat Processing Industry;

Annex 4 – Sales and Distribution of Meat and Meat By-products

Article 8º

Disclosure

1. Dissemination activities are the sole responsibility of the licensed organization, and

require prior consent from the brand’s licensor organization: “Safe-Food”.

2. The organization that adheres to the “Safe-Food” initiative, assures that they will place

the “Safe-Food” brand name in locations visible to clients; on the companies facade, as well as, in

the interior (according to the annexed Term of Responsibility).

3. All publicity contents that involve the “Safe-Food” Initiative should follow the rules

stipulated in the dossier which contains the applicable Graphical Standards (Annexed).

Article 9º

“Safe-Food” Initiative Monitoring Committee

1. The Monitoring Committee of the "Safe Food" Initiative will normally meet four times a

year, convened by the licensor of the brand, with the purpose of analysing the Initiative’s

objectives and the possible revision of procedures relating to it.

2. The following are an integral part of the Monitoring Committee:

a) EPRALIMA – Vocational Training School;

b) ESTG – IPVC’s School of Management and Technology;

c) Organizations that will close exploitation contract of the "Safe-Food" brand name with the

licensor organization.


CHAPTER II

SPECIFIC PROVISIONS

Article 10º

Adhesion to the “Safe-Food” Initiative

Registration of all establishments that belong to the food sector and that comply with the

Adhesion Criteria mentioned in article 1, of this diploma, is permitted.

Article 11º

Presentation of Registration

1. Participation in the “Safe-Food” initiative is voluntary, and must be presented at the

licensed organization.

2. The application form should be sent by registered mail or delivered in person.

Article 12º

Adhesion Maintenance: “Safe-Food”

1. The validity period after adhering to the “Safe-Food” initiative is 12 months.

2. During this period, the licensed organization and the licensor of the brand reserves the

right to have follow-up visits of the member organization, without prior notice, in order to assure

compliance of all the required criteria.

3. Non-compliance of established premises may lead to the revocation of the adhesion

decision, in which, the organization is forbidden to adhere to the Initiative for the next two (2)

years.

Article 13º

Procedures inherent to Maintenance and Renovation

1. The organization adherent to the “Safe-Food” initiative should ask for maintenance or

renovation one (1) month before the validity period (period of 12 months) expires.

2. Along with the application for maintenance or renewal, a maintenance or renewal audit

should be requested within the period of 30 days before the membership or renewal expires (12

months in the first two years from the date of adhesion).

3. Each renewal cycle of the "Safe Food" initiative is valid for three (3) years, counting from

the moment membership is approved and subsequent renewal of membership.


4. After adherence to the “Safe-Food” initiative it is the company’s responsibility to request

maintenance of its membership, during the first and second year, and renewal in the third year.

Article 14º

Decision of Maintenance

1. The decision for maintenance is made after the audit has been performed by a qualified

auditor nominated by the licensed organization.

2. Considering the concession of maintenance or renewal, the following is required by the

member:

a) Comply with the requirements highlighted in previous audits;

b) Demonstrate the promotion of continuous improvement.

3. In order to comply with lines a) and b) mentioned above, it is necessary that the

member:

a) Demonstrate effort in complying with the opportunity to improve, as highlighted in

previous reports;

b) Reduce the total number of demerits, at least 5%, received in the previous year.

Article 15º

Renovation of the “Safe-Food” Initiative

1. The organization adherent to the “Safe-Food” Initiative should request Renovation within

thirty (30) days before the expiry date (12 months) after the last year of maintenance.

2. The audit is performed by a group of two (2) qualified auditors; one appointed by the

licensed organization and the other by the licensor of the brand.

3. In order to grant the renewal of the “Safe-Food” Initiative the member organization

must:

a) Continue to comply with the requirements highlighted in previous audits, which

demonstrates an effort to improve;

b) Demonstrate the promotion of continuous improvement through the reduction of the

total number of demerits, at least 5%, received in the previous year.

Article 16º

Adhesion Certificate to the “Safe-Food” Initiative

1. The adhesion certificate will be issued (as well as the maintenance and renovation

certificate) by the organization responsible for the initiative (licensed organization).

2. Validation of the certificates mentioned above shall be made by the licensor of the

brand, by affixing a label bearing the logo of the initiative.


Article 17º

Use of the “Safe-Food” image

1. Adherence to the “Safe-Food” Initiative is proven through the hardcopy of the certificate

(Appendix C) given to the member, as well as, the option of placing a “plate” on the facade of their

establishment.

2. The costs of these procedures should be consulted with the organization that represents

the brand.

3. The initiative’s image corresponds to a logo that is for individual use and is not

transferable.

4. Improper use of the logo referred to above will lead to the revocation of use for two (2)

years, by the adherent party.

5. The use of the image, for advertising purposes, must follow the criteria listed below (in

accordance with those stipulated in the dossier regarding Graphic Norms – Reproduction and

Application Manual of the “Safe-Food” initiative symbol).

6. The image of the “Safe-Food” initiative is registered as a NATIONAL TRADEMARK – MIXED

SIGNAL/ ILLUSTRATED IN COLOUR.

Article 18º

Total Cost of the “Safe-Food” Initiative

The registration, maintenance or renewal of membership costs of the “Safe Food” initiative

is available upon request, by the licensed organization/agent, where the application form is

submitted.


CHAPTER IIIRIGHTS AND OBLIGAIONS

Article 19º

Obligations of the organization that represents the initiative (licensed organization)

The following are obligations of the organization representing the “Safe-Food” initiative:

a) Elaboration of pamphlets for consumer information;

b) Publicize the initiative;

c) Publicize all companies that adhere to the “Safe-Food” initiative;

d) Disclose all initiatives that directly or indirectly involve the “Safe-Food” initiative;

e) Verify if the adherent companies are complying with their obligations.

Article 20º

Obligations of the Adherent Organizations

The following are obligations of the organizations that adhere to the “Safe-Food” Initiative:

a) Collaborate with the information and disclosure activities aimed at final consumers, and

general Food Safety and Hygiene;

b) Maintain all the requirements described in the legal criteria of establishments’

functioning updated;

c) Comply with all the requirements regarding Food Safety and Hygiene within the

establishment;

d) Commit to continuous improvement;

e) Use publicity and the “Safe-Food” image according to the rules stipulated in the dossier

(Graphical Norms);

f) Acceptance of the Terms of Responsibility (see Terms of Responsibility, (Annex D) of this

regulation).


ANNEXES


ANNEX A

REGISTRATION FORM – MODEL I AND II


RESGISTRATION FORM – MODEL I

Company Name Insignia CEA* Designation

Contribution N. º Judicial Form

Registered at the Conservatory License N. º

Company’s Principle Activity

Year of Initial Activity

Name(s) of Accountable Individual(s)

Address of Head-office Municipality of Head-office Head-office telephone n. º: Fax: Web site E-Mail Number of Employees at the Head-office *Classification of Economic Activity

Yes No

Does the company have more than one establishment?

If yes, how many do you want to register? *

* In this case please fill out model 2 for each of the establishments.

Business hours of the Establishment/ Head-office Open: from ____: ____ to ____:____hours

Closed for Lunch: from ____: ____ to ____:____hours

Closed: from____: ____ to ____:____hours

Closed Weekly: from____: ____ to ____:____hours

I hereby declare to know and accept the conditions to adhere to the “Safe-Food” Initiative

Name:

Signature:


REGISTRATION FORM - MODEL 2 Insignia CEA* Designation

Principle Activity of the Establishment

Year of Initial Activity

Name(s) of Accountable Individual(s)

Address of the Establishment Municipality of the Establishment Establishment Telephone n. º: Fax: Web site E-Mail Establishment Number: *Classification of Economic Activity

Establishment Business Hours Open: from ____: ____ to ____:____hours

Closed for Lunch: from ____: ____ to ____:____hours

Closed: from ____: ____ to ____:____hours

Closed Weekly: from ____: ____ to ____:____hours

Note: this model should only be filled-out when the company has more than one establishment.


ANNEX B

Verification List – Criteria for Legal Functioning (Preliminary Analysis for Adhesion)


ANNEX B DOCUMENTS POSSESED BY THE COMPANY

Users License, Industrial permit for restaurants and bars, sanitary permits or license permits or authorization of use, as established in point 2 of article 24, Law n.º 234/2007, July 19

(COPY)

YES

NO

NON-APPLICABLE

Declaration of non-dept – Social Security (ORIGINAL)

YES

NO

NON-APPLICABLE

Declaration of non-dept – Financial Department (ORIGINAL)

YES

NO

NON-APPLICABLE

Complaints Book (in conformity with Law n.º 156/2005, September 15, revoked by Law n. º 371/2007, November 6;

(COPY)

YES

NO

NON-APPLICABLE

Compulsory distiches for each sector of activity (COPY)

YES

NO

NON-APPLICABLE

Updated Price-table with legal VAT included (COPY)

YES

NO

NON-APPLICABLE

Safety, Hygiene and Medicine at Work Aptitude Forms (COPY)

YES

NO

NON-APPLICABLE

Safety, Hygiene and Medicine at Work Aptitude Forms (COPY)

YES

NO

NON-APPLICABLE

Employee Training in the area of Safety and Hygiene at Work and HACCP, in conformity with legislation

(COPY)

YES

NO

NON-APPLICABLE

Business Hours (Applicable to commercial establishments);

(COPY)

YES

NO

NON-APPLICABLE

Employee Schedules (COPY)

YES

NO

NON-APPLICABLE

Establishment plan – list of employees (COPY)

YES

NO

NON-APPLICABLE

Industrial Cadastre (According to Law n.º 174/2006, August 25) or Commercial Cadastre (for activities pertaining to Section G of the Classification of the Economic Activity: CEA)

(COPY)

YES

NO

NON-APPLICABLE

I hereby declare to know, accept and comply with the Adhesion Conditions, as well as, provide all proof required for the “Safe-Food” Initiative.

____________________, _____, ___________ de 200…

Name:

Signature:


ANNEX C

Certificate – Company Adherent to the “Safe-Food” Initiative


ANNEX C Certificate – Company Adherent to the “Safe-Food” Initiative


ANNEX D

TERMS OF RESPONSIBILITY Company Adherent to the “Safe-Food” Initiative


TERMS OF RESPONSIBILITY

Company Adherent to the “Safe-Food” Initiative

Adhesion to the “Safe-Food” Initiative allows the final consumer to see the company’s commitment

.............................. in reference to food safety, which implies the acceptance and compliance of the

“Safe-Food” Initiative Regulations by the Company. The trademark owners of “Safe-Food” are not civil

or criminally liable, as a principle or subsidiary party, for any inconsistency or anomaly regarding the

company’s activity.

Thus, for all intents and purposes, the company .................................... declares responsibility for

everything pertaining to the acquisition, hygiene, safety, handling, packaging, processing or conditions

of product sales.

Date: _______________________________________________________________ (Signature of legally liable individual, certified by stamp; or white seal in the case of public organizations) Organization ___________________________________________________________________ Signature(s)

___________________________________________________________________

___________________________________________________________________