“Elan Consulting” is an accounting and consulting company with extensive experience and expertise in providing services related to the production of food products in Bulgaria. The questions that most often arise among our clients include “What are the requirements for food production in Bulgaria?” and “What license is needed for the production of food products?”. The answers to these questions are important both for entrepreneurs who want to start a business in Sofia, and for those in Burgas, Pomorie, Karnobat, Sunny Beach, Aytos, Nessebar, Sozopol, Primorsko and other regions of the country.
Home food production is also of interest, with customers often asking us “What are the steps to legalize food production at home?”. In response to these questions, our team provides detailed advice on all the necessary steps, starting with the registration of a trader and going through the registration under the VAT, the conclusion of a lease or title document, the change of purpose of premises and their commissioning. In addition, we provide assistance in obtaining permits from the General Directorate of Fire Safety and Protection of the Population, as well as for the registration of food production facilities.
Specific licences are also required, such as for the use of ionising radiations (IUs) for commercial purposes and certificates for the registration of the activity irradiation of food with ionising radiations. In addition, our services include issuing marketing authorisations for novel foods or novel food ingredients and assisting in the conclusion of contracts with waste buyback companies. Registration under the Waste Management Act (WEEE) and the Occupational Health and Safety Act (OSH), as well as the registration of a cash register and working hours of a stationary commercial establishment are also part of our consulting services.
Elan Consulting is your reliable partner in the entire process of business creation and development in the food sector in Bulgaria, providing comprehensive information and expert assistance for every stage of this complex process.
The first step in starting the production of food products is the registration of a trading company. The registration process is regulated in the Commercial Law (TC) and includes several key stages that must be strictly implemented to ensure the legality of the newly created company.
First of all, the future entrepreneur must choose the appropriate form of a trading company. According to the Commercial Law, any person who plans to carry out commercial transactions for the purpose of making a profit must have a registered company - a sole trader or a company. In Bulgaria, the most common forms are limited liability company (LLC), sole proprietorship with limited liability (EOOD) and variable capital company (DPC). The choice of legal form depends on a number of factors, including the number of founders and the volume of capital to be contributed.
The registration of Ltd. and EOOD is regulated in the Commercial Law. According to Art. 70, para. 1 of the TC, the limited liability company is established by a company contract, which must be signed by all partners. Unlike the sole proprietor (ET), who bears full personal property liability, the partners in the Ltd and EOOD are only liable to the amount of their contributions. The minimum capital for registration of an LLC or EOOD is 2 BGN, which greatly facilitates the process of starting a business. This provision is regulated in Art. 117 of the TC, which states: “The capital of the limited liability company may not be less than BGN 2.”
A sole proprietorship (ET) is a form of commercial company that, although often used in the past, is already considered obsolete due to the full amount of personal property liability that the owner bears. According to Art. 56 of the TC, the sole trader is liable for his obligations with all his property, which makes him more vulnerable in the event of financial difficulties.
A variable capital company (VCC) is a more flexible form of commercial company, which is also regulated by the Commercial Law. The main advantage of the DPC is that when registering it, the opening of a collection account is not required, which facilitates the process and reduces administrative burdens for the founders. According to Art. 260a of the TC, the capital of the DPC can be changed depending on changes in the membership and contributions of the partners, which provides greater flexibility in the management of capital.
The registration procedure of each of these companies includes the submission of an application for entry in the Commercial Register to the Registry Agency. The application must be accompanied by a number of documents, including the company agreement (for the LLC and the SPD) or the Memorandum of Association (for the EOOD), minutes of the constituent meeting, declarations of the veracity of the stated circumstances, as well as a document on contributed capital (except for the SPD, where a collection account is not required). These requirements are described in detail in Art. 119 of the TC.
After the successful registration of the company in the Commercial Register, the new company receives an EIC (unique identification code), which serves for identification to state institutions and third parties.
The second step in the food production process is the determination of the foods to be produced and the requirements for them. According to the Food Act, food must be fit for human consumption in terms of its physical, chemical, radiological and microbiological qualities and composition, as well as not pose a danger to human health (art. 4, para. 1). The specific requirements for food groups and subgroups, as well as their production, processing and distribution, are determined by ordinances of the Council of Ministers (art. 5).
Food requirements include compliance with national and European regulations. Business operators that produce, process and distribute food are required to apply industry standards and guidelines for good manufacturing, commercial and hygiene practices, as well as hazard analysis and critical control point (HACCP) systems (art. 8). These requirements are detailed in Regulation (EC) No 852/2004 and Annexes II and III to Regulation (EC) No 853/2004.
In addition, there are specific requirements for different types of food. For example, the Minister of Agriculture and Food by ordinances determines the specific requirements for raw milk, the marketing of milk and dairy products, as well as other foods of animal origin (Art. 7, para. 4). For the production of bottled natural mineral, spring and table waters, the competent authority is the regional health inspectorate at the location of the site (Art. 23, para. 2, item. 2).
In the production of foods that include genetically modified organisms (GMOs), business operators must declare the GMO ingredients and additives introduced, as well as have a food safety management system project developed.
It should be noted that the production of food for personal consumption at home is not subject to the requirements of the law (art. 3, paras. 1 and 2). This also applies to the production and storage of food for personal consumption in the household, as well as the production of wine and spirits under the Wine and Spirits Act.
Thus, when starting food production, it is necessary to specifically determine what foods will be produced, familiarize yourself with the requirements for them and ensure compliance with national and European legislation. This includes the registration of the site, the implementation of safety and hygiene systems, as well as compliance with the specific requirements for different food groups.
The third step for the production of food products involves ensuring compliance with the requirements for the premises for the production of food products. These requirements are regulated in the Food Act and include a number of hygienic and structural criteria that must be met. The main requirements for food production premises include:
In order to carry out a change in the purpose of a premises for the production of food products and for their commissioning, it is necessary to follow the specified procedure regulated in the Spatial Planning Act (ZUT). This procedure includes several key steps that must be followed to ensure compliance of the room with regulatory requirements.
The first step in the process is to draw up a project to change the purpose of the room. According to Art. 147a of the ZUT, the change of the purpose of buildings or of independent objects in buildings without carrying out construction and installation works is carried out after the issuance of a permit for change of purpose by the chief architect of the municipality, provided that the requirements of Art. 38 or 39 are complied with and the rules and regulations for building are not violated and are positive opinions have been submitted by the relevant competent authorities on compliance with the requirements laid down in a regulatory act for the new use.
An important stage is also the preparation of an investment project, which must be coordinated and approved by the competent authorities. According to Art. 148, constructions can be carried out only if they are allowed under the ZUT. A building permit is issued by the chief architect of the municipality, and depending on the nature and significance of the construction, it may also be issued by other competent authorities.
The coordination of the project involves the submission of a reasoned opinion by a design engineer with full design competence, proving that the loads are not increased, structural elements are not affected and the load-bearing capacity, durability and durability of the building structure are not reduced. If changes in the design are required or loads are increased, a constructive part is also submitted to the project.
After the approval of the project and the issuance of the necessary permits, the stage of commissioning of the object follows. Commissioning is carried out after it is established that the construction has been carried out according to the approved projects and the permits issued. For this, a certificate of commissioning is issued under Art. 177, para. 3 of the ZUT.
The issuance of a fire safety certificate to the production workshop is a critical step to ensure the safety of workers and the protection of property. According to Ordinance No. Iz-1971 of October 29, 2009, all constructions, including production workshops, must be designed and executed in such a way as to comply with strict construction and technical rules and fire safety norms. This includes ensuring the resistance of the structure to fire, providing for measures to limit the spread of fire and smoke, as well as providing conditions for the safe evacuation of people from the site and for the safe operation of rescue teams.
The procedure for issuing a fire safety certificate begins with the submission of an application by the interested person to the relevant authority for fire safety and protection of the population. Together with the application, the project documentation of the construction, which includes the section “Fire Safety”, must be submitted. According to Art. 4, para. 1 of Ordinance No. Iz-1971, this part of the project must contain a minimum scope and content according to Annex No. 3. Part “Fire safety” includes passive and active protection measures, as well as adopted technical solutions to ensure the fire safe operation of the construction.
Part “Fire safety” is mandatory for all structures that are included in the classification by functional fire hazard according to table No. 1 of Art. 8, para. 1 of Ordinance No. Iz-1971. However, for buildings of functional fire hazard classes F1 - F4 (residential buildings and public service buildings) with a built-up area of up to 200 m² and up to two floors, as well as for single-storey production and warehouse buildings with a height of up to 8 m and with a built-up area of up to 200 m², the development of the “Fire Safety” part is not required (Art.. 4, para. 4 of Ordinance No. Iz-1971).
After submitting the application and design documentation, the fire safety authorities carry out an on-site inspection to establish the factual condition of the site and its compliance with fire safety rules and norms. Upon successful completion of the inspection, the authorities draw up a protocol describing the results of the inspection and establishing the compliance of the site with the requirements. If the object meets all regulatory requirements, a certificate of compliance with the rules and norms of fire safety is issued. This certificate has a validity of five years.
The certificate of compliance with the rules and norms of fire safety is issued by the Director of the General Directorate “Fire Safety and Protection of the Population” (GDPSN) or by the directors of the relevant Regional Directorates “Fire Safety and Protection of the Population” (RFIP). In some cases, the issuance of the certificate can be delegated to the head of the Regional Service “Fire Safety and Protection of the Population” (RSPHN).
Compliance with the requirements and procedures for issuing a fire safety certificate not only ensures legal compliance, but also ensures the safety of employees and the protection of the material assets of the enterprise. Upon detection of violations, fire safety authorities may issue written orders to eliminate the discrepancies, and in case of non-compliance with the prescriptions, administrative penalties and coercive administrative measures may be imposed, including suspension of construction or use of the site.
Registration of a food production facility is a key procedure regulated by the Food Act and regulatory legal acts, which ensure compliance with all hygienic and sanitary requirements. According to Art. 23 and Art. 26 of the Food Law, the procedure begins with the submission of an application for registration to the director of the district food safety directorate.
The first step is to submit an application for registration, which must contain the following information according to Art. 26 para. 2:
The following documents must be attached to the application, according to Art. 26 para. 3:
The competent authority shall verify the application within 5 working days of its submission (Article 26, para. 6). If irregularities are found, the applicant shall be notified and given a time limit for their elimination. Within 5 working days after submission of the application or rectification of irregularities, the competent authority shall enter the site in the relevant register and issue a certificate of registration, the effect of which shall be permanent (Article 26, para. 7).
Within 30 days of entry in the register, a commission designated by the competent authority carries out an on-site inspection of the compliance of the object with the regulatory requirements (Art. 26, para. 9). If discrepancies are found during the inspection, the commission issues a prescription for their elimination within a specified period. In case of serious violations, an order may be issued to suspend the activities of the site (Art. 26, para. 11).
In the provision of Art. 26, para. 4 of the Food Act, it is stipulated that the establishments that are registered are kept a register, which contains information about the business operator, the object and the activities carried out. This register is public and maintained by the Bulgarian Food Safety Agency (BAFSA).
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The issuance of an authorization to place a new food or a new food ingredient on the market is regulated in the Food Act and requires strict adherence to the procedures provided for in the legislation. The main objective of this step is to ensure that new foods and food ingredients meet all regulatory requirements and are safe for consumers.
The first step for issuing a permit is the submission of an application to the competent authority, which in this case is the Bulgarian Food Safety Agency (BAFSA). The application must contain the following information according to Art. 27, para. 2 of the Food Act:
After submission of the application, the FDA shall carry out a scientific evaluation of the new food or ingredient. This assessment includes a review of the scientific documentation provided, as well as additional research if necessary. The purpose of the scientific assessment is to ensure that the novel food or ingredient does not pose a risk to the health of consumers.
If the scientific assessment determines that the novel food or ingredient is safe for use, the FDA shall issue a marketing authorisation. The authorisation shall contain information on the specific conditions of use of the novel food or ingredient, if necessary. After the authorisation has been issued, the novel food or ingredient shall be entered in the register of novel foods and ingredients, which is maintained by the Food Safety Authority (Article 27, para. 4).
In some cases, additional labelling of the novel food or ingredient may be required to ensure that consumers are aware of the specific properties or potential risks associated with their use. These labelling requirements are regulated in Article 28 of the Food Act.
The FDA carries out regular market checks and controls to ensure that new foods and ingredients placed on the market comply with safety and quality requirements. If non-compliance is found, penalties may be imposed and an order may be issued to withdraw the product from the market.
The requirements of employment contracts, working conditions, working hours and waste management are important aspects of the functioning of any production activity, including in food production facilities. These requirements are regulated in various laws and regulations, the purpose of which is to ensure a safe and healthy working environment, as well as to comply with all environmental standards.
Employment contracts in Bulgaria are regulated by the Labour Code (TC). According to Art. 62 of the TC, any employment contract must be concluded in writing and contain information about:
Working conditions and safety at work are regulated in the Occupational Health and Safety Act (OSCE). According to Art. 16, para. 1 of the ZBUT, the employer is obliged to ensure healthy and safe working conditions by taking the necessary measures to:
Waste management is regulated in the Waste Management Act (WEEE). According to Art. 35, para. 1 of the TSO, every operator of a food production facility is obliged to register his waste management activities in the relevant register of the competent authority. Registration includes the provision of information on the type and quantity of waste, methods of their collection, transportation and processing.
Contracts with companies for the purchase of waste must also be concluded in accordance with the PPE. Ces contratto deve contenere informazioni su tipo di wastage, le condizioni per la raccolta e trasporti, come i committe dei partite a la contractului.
Registration under the Occupational Health and Safety Act (OSCE) includes:
Registration of a cash register is mandatory for any trading company that carries out sales of goods or services and accepts cash payments. According to Ordinance No. On H-18 of 2006, a la registrazione e contabilità di venditori a venditori a venditori, tutti i registrati di cash-registrato con la National Revenue Agency (NRA). The procedure includes:
Registrazione delle ore di lavoro di un oggetto commerciale stationale è regulato dalla Acta di Proteczione di Noistica Ambiental. According to Art. 16b, para. 1 in conjunction with Art. 16a of the Environmental Noise Protection Act, the working hours of commercial establishments must be registered in the respective municipality. The application for registration of working hours must contain:
These requirements and procedures are designed to ensure compliance with labour legislation, occupational health and safety conditions, as well as environmental standards related to waste management. Kontrola med disse krav er essentieel voor de succesfull operatie van alle produktionssiten en for de bescherming- en helse- en sikkerhetsbeskyttelse.
“Elan Consulting” is an accounting and consulting company with extensive experience and expertise in providing services related to the production of food products in Bulgaria. Az w Bulgarien? and “What license is needed for the production of food products?”. The answers to these questions are important both for entrepreneurs who want to start a business in Sofia, and for those in Burgas, Pomorie, Karnobat, Sunny Beach, Aytos, Nessebar, Sozopol, Primorsko and other regions of the country.
Hjemmeproduktion er også er interessant, med klanten besøker vi: “Quali sono i passaggi per legalisere la produktion av mat på hjem?”. In response to these questions, our team provides detailed advice on all the necessary steps, starting with the registration of a trader and going through the registration under the VAT, the conclusion of a lease or title document, the change of purpose of premises and their commissioning. In addition, we provide assistance in obtaining permits from the General Directorate of Fire Safety and Protection of the Population, as well as for the registration of food production facilities.
Een specificeerde licenties zijn ook, zoals voor de gebruik van ioniseerde radiaties (IUs) voor commercieel en certificaten voor het registratie van het activiteitsbeiding van een mat met ionizing radiationen. In addition, our services include issuing marketing authorizations for novel foods or novel food ingredients and assisting in the conclusion of contracts with waste buyback companies. La registrazione a fattura di gestione del waste-gestione (WEEE) e l'Acta di salute dell'Occupational Health and Safety (OSH), come registrazione di registrazione di cash-register e ore di lavoro di una stabilità commerciale stationary sono anche parte della nostra servizi consultanze.
Elan Consulting is a reliable partner in the entire process of business creation and development in the food sector in Bulgaria, providing comprehensive information and expert assistance for every stage of this complex process.
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