02.10.2017
Источник: The DairyNews
Today, 28 September, on the website of the Rosselkhoznadzor, the organization you lead, there was published an article called "Rebuttal of the information posted by The DairyNews".

Analysis of this "rebuttal" makes the publisher The DairyNews translate the dialogue into legal language.

1.  The message in particular says: 

The material among other things cites the words of the head of Rospotrebnadzor Anna Popova, purportedly spoken by her during the All-Russian scientific-practical conference "Dairy industry of Russia under conditions of import substitution", organized by the Association "Kuban moloko"

After some time, the article was removed from the site of The DairyNews for obvious but unknown to Rosselkhoznadzor reasons. However, both Russian regulatory agencies were informed of the contents of the article and thousands of readers accepted the quotes of Anna Popova given in the article as true.

We inform you that on September 28, 2017, news agency The DairyNews published a press release circulated by the Association of the enterprises of dairy industry “Kuban moloko” by the results of scientific-practical conference "Dairy industry of Russia under conditions of import substitution". The link to the material.

4 hours later after the publication of the representative of Rospotrebnadzor addressed to the editor of The DairyNews asking for the removal of this material with the words: "There are no claims to you. But we asked the organizers to remove the material due to the fact that the words of Anna Popova do not correspond to reality. We also ask you to remove the press release as the primary source has not got it anymore."

The managing editor made the decision to temporarily remove the news from the news line of The DairyNews, based on considerations of ethics and intention to re-check the quotes of Ms. Popova.

However, I draw your attention to the fact that in accordance with article 3 of the RF Law "On mass media" the censorship of mass information is not allowed. Censorship is the requirement of editorial media from the officials, state bodies, organizations, establishments or public associations to preliminary coordinate messages and materials (except cases when the official is an author or an interviewee), as well as a ban on the dissemination of messages and materials and separate parts thereof.

Thus, the requirement was illegal, as the only legitimate mechanism of change of the publication is the request of rebuttal, regulated by article 43 of the Law "On mass media" and was granted only because of the goodwill of the publication.

I also want to remind you that obstruction of the legal professional activities of journalists by forcing them to disseminate or refuse to disseminate information, committed by a person using the official position is governed by part 2 of article 144 of the Criminal code of RF. It is clear that the act was committed by the employee not of your Department, but your prompt “rebuttal” may require additional inspection on complicity.

After additional review of all data the publication is active again and you can read it here: http://www.dairynews.ru/news/nikto-krome-rospotrebnadzora-ne-imeet-pravo-kontro.html?sphrase_id=6384....

2. In your "rebuttal" you wrote the following: "Publication of false quotations of Anna Popova in The DairyNews is regarded both by Rospotrebnadzor and Rosselkhoznadzor as an attempt to create a conflict between the services, the activities of which are aimed at protecting consumers from defective and unsafe products and normalization of the functioning of the food market in the country."

I inform you that the correspondent of The DairyNews attended the conference and carried out the audio recording of the entire event. Audio recording is at the disposal of the agency, and I can assure you that the quotes contained in the press release of "Kuban moloko" fully correspond to what was said.

Moreover, on 19 September 2017, that is, before the dissemination of the specified press release, on the day of the conference, The DairyNews posted the new "Anna Popova: veterinary certification of finished products may not be required" containing one of the quotes that you call in question.

In this regard, your argument about the unreliability is false or at least incorrect. In this case, your desire to shift the blame to somebody else’s shoulders seems to be amusing. The accusation of TheDairyNews that the agency tries to create conflict between services looks at least funny. I want to remind you that members of your Department, including you, in public speeches and through the media repeatedly, directly or indirectly, accused the Rospotrebnadzor of failing to solve the problem with falsification in dairy industry. Based on this, in violation of the rules of your office, exceeding your authority, duplicating the powers of the Rospotrebnadzor and increasing the burden on the business, you will try to begin controlling the quality and safety of dairy products.

It's funny that after all this the news agency TheDairyNews is to blame. 

I ask you as Chiefs of the Agency at least to read the materials prepared by your assistants to test for goodness of fit before to agree on them. 

One more question. A. Yu. Popova said pretty hard words addressed to you at the conference. Did it ever occur to you that she might be right?
Can the Rosselkhoznadzor serve on the state sanitary and epidemiological supervision? 

The article 38 TR CU 021/2011 states: the State control (supervision) over compliance with the requirements of this technical regulation in respect of food products and related requirements to processes of production (manufacturing), storage, shipment (transportation), sale and disposal shall be in accordance with the legislation of the state - member of the Customs Union.

On the territory of the Russian Federation these legal relations are regulated by the law "On quality and safety of food products" No. 28-FZ.

Part 1 of article 13 of this law states: the state supervision in the field of quality assurance and safety of foodstuff, materials and products is carried out by Federal Executive bodies, Executive bodies of constituent entities of the Russian Federation authorized to exercise the Federal state sanitary and epidemiological supervision, Federal state veterinary supervision, regional state veterinary supervision in accordance with their competence in the order established by the Government of the Russian Federation.
The government of the Russian Federation by Decree No. 474, dated May 21, 2014 determined that the state control (supervision) over compliance with the requirements of technical regulations of the Customs Union "On safety of milk and dairy products" is performed by:

  • Rospotrebnadzor within the limits of its competence in the framework of Federal state sanitary and epidemiological supervision; 
  • Rospotrebnadzor in the framework of the Federal state supervision in the field of consumer protection; 
  • Rosselkhoznadzor within its competence in the framework respectively the state veterinary supervision and regional state veterinary supervision. 

The article 1.4. of the Regulations of the Federal service for veterinary and phytosanitary supervision, approved by the order No. 663 dated 14 September 2016 of Head of Rosselkhoznadzor S. A. Dankvert, says: the Service is a Federal body of Executive authority performing functions on control and supervision in the field of veterinary, the handling medicines for veterinary use, quarantine and protection of plants, safe handling pesticides and agrochemicals, ensuring soil fertility, ensure the quality and safety of grain, groats, combined feed and components for their production, by-products of grain processing, land relations (in respect of agricultural land), functions to protect the population from diseases common to humans and animals. The service carries out state supervision in the field of seed growing in respect of seeds of agricultural crops.
Thus, it is clear that the Rosselkhoznadzor based on the Technical regulations of the Customs Union of Russian Federation laws and regulations cannot carry out "control of finished products". 

So, A. Yu. Popova is absolutely right in her statements. 

She's also right in the fact that the "certification of finished dairy products, cannot be veterinary". This is very difficult to argue about. 

3. You also write in your “rebuttal”: 

The Rosselkhoznadzor draws attention of the public that the Agency TheDairyNews has been repeatedly suspected of lobbying the interests of the Board of "Soyuzmoloko", which in its public relation activities is guided by the interests of large foreign companies – members of the organization that are ardent opponents of the introduction of electronic veterinary certification and any other activities of the Rosselkhoznadzor aimed at "whitewashing" of the dairy market and the creation of selective advantages for bona fide Russian manufacturers.

I would like you to know the following: 

First, the news agency TheDairyNews is the only independent media outlet on the dairy market of Russia. Our media exists solely at the expense of advertisers, which is the guarantor of our independence. No Union, neither in Russia, nor abroad can have influence and pressure on us. I am not afraid to say that we represent the interests of the industry in the broadest sense of the word; as annual audience of our media is almost one and a half million readers.

Your statement that "The DairyNews has been repeatedly suspected of lobbying the interests of the Board of "Soyuzmoloko", is a slander. 

Who suspected it? When? What does this mean? 

I would like to remind you, first to NikolayAnatolievich, that before his speech at the conference of the Russian Union of dairy industry enterprises in Sochi on 12 September 2017 I specifically drew his attention to the fact that I as the publisher of The DairyNews and Director of the Russian Dairy Research Center express my personal expert opinion, and it’s not needed to associate my opinion with the opinion of some Union.

Secondly, I hasten to assure you that the vast majority of enterprises in the dairy industry do not accept your version of "traceability" and understands that the EVC in the form, which you are trying to run it, will never work, because it is a utopia. And believe me, these are not Western companies! These are usual Russian manufacturers of dairy products that got shocked with your initiatives. Many of them simply cannot it openly express their opinions for fear of pressure on them from your side. Of course, it is tricky to talk about "Western trail" and an international conspiracy, trying to give your own failures a political coloration. This is very similar to the story of the "Russian hackers". But believe me, it is not like that. I'm telling you this as an expert, regularly processing information on hundreds of dairy companies in Russia: dairy market of Russia against EVC. And it is not due to the fact that they don't want transparency. But it is because your version of transparency is meaningless. It will not start and will not bring the expected result. It's just an additional burden on business that will not solve the problem.

But at the same time "promoting" the EVC and trying to take control of the market of finished dairy products, you somehow forget about what you should do according to the law: it is veterinary.

How can you talk about traceability if you can't tell the number of cows, sheep, goats, pigs and other farm animals, if, when speaking about leukemia, you can't tell exactly the number of sick animals? But in every speech you enthusiastically report how many thousands of electronic veterinary certificates were issued.

Answer exactly how many animals in Russia are sick with leukemia? Not approximately - exactly. No employee of your Agency is able to tell this. 

Why? 

Because you are not working on it. 

In any country of the world, traceability begins with the identification of animal, with the creation of the state database of cattle. What is the meaning of the electronic certificate for each batch of yogurt, if you can't point to the cow, whose milk was used for making this yogurt?

And it isn’t worth saying that it is difficult and expensive to identify animals. In Russia there are 50 million cars. And they are all identified. Your colleagues from the traffic police in any region of Russia have information about any car and any car owner, about who and how broke the rules and paid the penalty. And the violator is always caught and punished.

There are 4.5 million cows in Russia, it is 10 times less than cars. And you know nothing about them, encouraging the chaos, non-transparency and, consequently, creating conditions for corruption.

Dear Sergey Alexeevich and Nikolay Anatolievich! 

On the website of the Rosselkhoznadzor there was posted a message containing false information discrediting the honor and dignity and undermining the reputation of the news agency TheDairyNews. This act is classified in parts 2 and 3 of article 128.1 of the Criminal code of the Russian Federation: defamation committed using the official position, contained in a public statement, publicly shown product or mass media.

Taking into account everything mentioned above, we reserve the right to defend the honor and dignity of the editorial of the DairyNews in court. 


Sincerely, Publisher of TheDairyNews, the Director of the Russian Dairy Research Center

Mikhail Mishchenko



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