TerraLex Cross-Border Guide to Cross-Border Food & Beverage Guide

Yes, food and non-alcoholic beverages are regulated in Serbia.

(i) The Ministry of Agriculture, Forestry, and Water Management – and two bodies within the ministry.

• Inspections within this ministry – various inspections (agricultural, veterinary, and phytosanitary) that carry out control and monitoring of food production and trade;

Inspections within the Ministry of Agriculture, Forestry, and Water Management control and monitor food production, processing, trade (wholesale and retail), import and export of food and non-alcoholic beverages.

Specifically these inspections monitor food safety for human consumption and have the authority to initiate recalls if food is deemed unsafe, they monitor the availability of information to consumers, including international certifications and other documents accompanying food in commerce, as well as labeling information related to the prevention of specific harmful effects of certain types or categories of food on human health, and oversees the compliance of companies and government entities with applicable regulations.

• The Directorate for National Reference Laboratories – responsible for analyzing food and controlling its quality and safety.

The Directorate for National Reference Laboratories performs tasks in the field of food safety, milk quality and safety control, testing of prohibited, unauthorized, harmful, and undesirable substances in food and animal feed, plant health, seeds and planting material, and plant gene banks.

• Expert Advisory Board for Risk Assessment in the Field of Food Safety

The Expert Advisory Board for Risk Assessment in the Field of Food Safety is a body established by the Ministry of Agriculture, Forestry, and Water Management (with the consent of the Ministry of Health) to address issues related to risk assessment in the field of food safety.

(ii) The Ministry of Health, specifically the **Sanitary Inspection **within this Ministry – responsible for food safety in the area of public health protection.

Unlike the inspection under Ministry of Agriculture, Forestry, and Water Management, the Sanitary inspection only control specific categories such as: dietary supplements, food for specific groups such as young children, food additives, enzymes, flavoring, etc.

The Sanitary inspection controls the hygiene conditions of personnel and objects, tools, etc., and control, monitor food safety for human consumption and have the authority to initiate recalls if food is deemed unsafe and general compliance with the applicable regulation. Sanitary inspection can ban advertising and labeling food which can confuse consumers, and may recall the food if its unsafe.

(iii) Organizations for the inspection and certification of organic production

Additionally, in Serbia, there are currently six accredited organizations that are authorized to certify and monitor organic production. Without their certification, products cannot be labeled as organic in Serbia. The Ministry of Agriculture, Forestry, and Water Management issues licenses for the authorization of organizations to monitor and certify organic production. These licenses last for one year, and organizations can reapply to the Ministry of Agriculture, Forestry, and Water Management, to extend the duration of the authorization.

The main acts/regulations governing food and non-alcoholic beverages are as follows:

1. Food Safety Act – The primary law that provides the framework for all aspects of food safety in Serbia. It covers conditions for food production, processing, transportation, and distribution, as well as for monitoring and controlling food safety.

2. General Product Safety Act – regulates the safety of products (food, beverages, etc.) in the absence of regulation in the Food Safety Act.

3. Sanatory Supervision Act – regulates the rights and obligations of the sanatory inspection, as well as the sanatory inspection procedures.

4. Organic Production Act – regulates the criteria for organic food production.

5. Act on the Supervision of Food Products of Plant-Based Origin– regulates the conditions for the production and quality of food products of plant-based origin.

6. Genetically Modified Organisms Act – regulates the classification of genetically modified organisms, and prohibits the trade of genetically modified organisms.

7. Various bylaws which regulate specific food and non-alcoholic beverage categories, such as cocoa, and chocolate products, fruit products, spices, etc., bylaws which regulate hygiene conditions, advertising, etc.

The Expert Advisory Board for Risk Assessment in the Field of Food Safety is required to apply and utilize the recommendations, guidelines, and information available from the European Food Safety Authority (EFSA).

Yes, alcoholic beverages are regulated in Serbia.

The Ministry of Agriculture, Forestry, and Water Management – the Agricultural Inspection within the Ministry of Agriculture, Forestry, and Water Management, namely its Department of Agricultural Inspection for Wine, Rakija, Alcoholic and Non-Alcoholic Beverages is the. For more information on its scope of activities, please see above.

The main laws/regulations governing alcoholic beverages are:

1. Strong Alcoholic Beverages Act – This is a specific legal regulation that focuses on the production, trade, distribution, and control of strong alcoholic beverages, such as rakija (brandy), whiskey, gin, rum, rum-based alcoholic drinks, and other beverages with high alcohol content. While similar principles apply to all types of alcoholic drinks, the Strong Alcoholic Beverages Act includes specific provisions regarding the production and trade of spirits.

2. Beer Act – This law regulates the conditions for the production and service filling of beer, the quality and control of the quality of raw materials used in beer production, the quality, quality control, packaging, labeling, and marketing of beer, as well as the supervision of the implementation of this law.

3. Wine Act – This law regulates: the production, processing, quality, and trade of grapes intended for wine production; the production, processing, and quality of wine and other products made from grapes, must, and wine used in wine production; the labeling of wine with a geographical indication; the trade of grapes, wine, and other products made from grapes, must, and wine used in wine production, as well as other issues important for grapes, must, wine, and other products made from grapes, must, and wine used in wine production.

4. Consumer Protection Act – regulates the sale of alcoholic beverages to underage persons.

5. Regulation on methods of sampling and conducting chemical and physical analyses of alcoholic beverages – regulating alcohol sampling procedures.

In Serbia, the regulation of alcoholic beverages involves a variety of legal requirements, particularly regarding manufacturing, wholesale, retail, and distribution of alcoholic beverages. To manufacture alcoholic beverages, businesses must be registered for the production of alcoholic beverages from the Ministry of Agriculture, Forestry, and Water Management. The registration is necessary for the production of all types of alcohol, whether beer, wine, or spirits, however, each of them has their own register.

Additionally, producers must register with the Tax Administration to handle excise taxes on alcoholic beverages, which are a significant part of the production and sales costs.

Serbia is also a member of the Central European Free Trade Agreement (CEFTA), which impacts alcohol trade with neighboring countries and can provide certain regulatory advantages for businesses engaged in international trade.