ОСОБЛИВОСТІ ПРАВОВОГО СТАНОВИЩА ВИРОБНИКІВ СИРОВИНИ ДЛЯ ДИТЯЧОГО ХАРЧУВАННЯ

Abstract

The article is devoted to the research of legal status of the producers of agricultural raw materials for infant nutrition in Ukraine. It is established that in the legislation of Ukraine there is no single approach to defining the concept of "an agricultural producer", which may create negative consequences in law enforcement. The article highlights the legal issues of general, special and particular legal personality of producers of plant and animal origin for infant nutrition. According to national legislation, producers of agricultural raw materials for baby nutrition are endowed with a special legal personality, which is manifested through the prism of their obligation to produce high-quality and safe agricultural raw materials. The article analyzes the current legal status of special raw material zones for the production of raw materials used for the manufacture of infant nutrition and dietary nutrition. As of 19 July 2019 the Register of Special Raw Zones includes nine businesses that produce agricultural raw materials for baby nutrition. At the same time, such entities mainly produce milk and raw milk, which is due to the statutory state support of those agricultural enterprises that produce ecologically clean milk and raw milk for baby nutrition in special raw material zones. The need to establish a ban on any use of pesticides in special raw material areas is stressed. It is noted that those agribusiness entities that operate in special raw material areas are able to provide baby nutrition producers with environmentally friendly and safe raw materials of animal and plant origin. At the same time, such entities have almost no advantages over agricultural producers without the status of a special raw material zone. The author emphasizes the negative trend of reducing the number of special raw material zones for the production of raw materials used for the manufacture of baby nutrition. Thus, there is an urgent need to create an effective mechanism of state support for agribusiness entities that have received the status of a special raw material zone. The author concludes that agricultural producers who produce raw materials in special raw material zones are endowed with a particular legal personality. Keywords: agricultural raw materials, agricultural production cooperative, baby food, genetically modified organisms, farming, food quality and safety, pesticides and agrochemicals, special raw material zone.