MANDATORY EMPLOYEES

Number: 62-20 • Date: January 25, 2020

Relevant Legislation

  • Article 22 of Law No. 5996 on Veterinary Services, Plant Health, Food and Feed.
  • Article 10(a) of the Regulation on Registration and Approval Procedures of Food Businesses published in the Official Gazette No. 28145 dated 17/12/2011:
    “a) Among the mandatory employees, the professional member who has a professional chamber shall obtain a document from the relevant professional chamber indicating that they work in the related business...”
  • Article 1 of the Regulation Amending the Regulation on Registration and Approval Procedures of Food Businesses published in the Official Gazette No. 30277 dated 21/12/2017, which amended Article 10(1)(a) of the Regulation on Registration and Approval Procedures of Food Businesses:
    “a) For mandatory employees who have a professional chamber, a document proving registration to the professional chamber…”
  • Decision No. 2018/562 of the 10th Chamber of the Council of State dated 12/07/2018.

    A lawsuit was filed at the Council of State to annul and suspend the execution of Article 1 of the Regulation Amending the Regulation on Registration and Approval Procedures of Food Businesses published in the Official Gazette No. 30277 dated 21/12/2017, which amended Article 10 of the Regulation on Registration and Approval Procedures of Food Businesses. On 12.07.2018, the execution of the said article was suspended.

  • Article 29 of the Communiqué No. 2019/48 dated 06/12/2019 on Determination of Mandatory Professional Members to be Employed in Food and Feed Businesses:
    “…Food Engineer, Agricultural Engineer (Food or Dairy department), Chemical Engineer, Chemist, Dietitian, Graduate of Home Economics Higher School Nutrition Department, Veterinarian, Food Technologist”

Suspension of Execution and Implementation Explanation

Within the framework of general legal principles (a repealing law does not enact a repealed law), it is no longer possible to implement a regulation article whose execution has been suspended by a court decision. Along with the suspension decision, it will also not be possible to apply the regulation article before the amendment. However, depending on the grounds for annulment and in cases where there is no legal gap, it is also possible to apply the regulation article before the amendment.

In this case, among the mandatory employees, professional members who have a professional chamber (Food Engineer, Agricultural Engineer (Food and Dairy department), Chemical Engineer, Veterinarian) are obliged to obtain a document from their professional chamber indicating in which business they work. For professional members without a professional chamber (Chemist, Dietitian, Graduate of Home Economics Higher School Nutrition Department, and Food Technologist), a contract with the food business will be required.

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Mandatory Employees

The personnel that food businesses are required to employ according to their field of activity have been enacted by the Communiqué No. 2019/48 dated 06/12/2019 on Determination of Mandatory Professional Members to be Employed in Food and Feed Businesses.

Article 29 of the Communiqué:

“Food businesses with facilities having at least 300 bed capacity, where on-site meal production and service are provided (excluding accommodation facilities that only serve breakfast), must employ at least one of the following professional groups.”