244. Regulation of the Federal Minister for agriculture and forestry, environment and water management on the marketing of potatoes
On reason of § 4 para 1 Z 2, § 5 para 1, § 14 para 2, § 16 and § 21 para 2 of the marketing standards Act - VNG, Federal Law Gazette I no. 68/2007, last modified by the Federal Act, Federal Law Gazette I no. 189/2013, is - in terms of § 4 para 1 Z 2, article 5, paragraph 1 and article 16 in agreement with the Federal Minister of health and the Federal Minister for science , Research and economy - prescribed:
1. (1) the provisions of this Regulation apply to potatoes (potatoes) and new potatoes (this year's potatoes) type of "Solanum tuberosum L." of subheading 0701 90 of the combined nomenclature of Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and the common customs tariff, OJ No. L 256 of the 07.09.1987 p. 1.
(2) this regulation also applies to potatoes, emitted by the producers in storage places or sorting and packaging make of a trading company or a sales establishment of producers, but only with regard to the varietal authenticity (§ 10 para 1 No. 2 lit. b) and varietal purity (§ 9 para 1).
2. (1) potatoes are potatoes (potatoes), which are intended for direct consumption by the people and which correspond to the following cooking types:
a) firm cooking (bacon, potatoes);
b) mainly fixed cooking;
c) flour, boiling (mealy potatoes).
(2) the varieties corresponding to the type of cooking are the descriptive list of varieties of the public part of the list of varieties referred to in article 65, par. 3 of the seed law 1997, Federal Law Gazette I no. 72/1997, amended, to remove.
(3) new potatoes (potatoes this year) are the new harvest potatoes that are first placed on the market before August 10 of each crop year.
(4) If a provision on sweet potatoes as well as on new potatoes is to apply, these are briefly called potatoes.
(5) small packages are packing units, which are intended for sale to the consumer.
§ 3 (1) in all classes potatoes subject to the special provisions for each class and the tolerances allowed must be as follows:
1 whole, 2. healthy, especially free of wet, Brown and blight, of a surface scabs that it exceeds 25% of the tuber surface, of a deep scab exceeds 10% of the tuber surface, heat or frost damage, iron blotchiness, hollow or black-heartedness, strong Stoppers education, clean, that is virtually free of Earth strong Glasigkeit, strong blackening and heavy black spotting, 3., or sand, 4, that means not wilted or wrinkled, 5 free of abnormal external moisture , 6 free from foreign smell or taste, 7 free from heavy damage, corrosion or serious bruising, 8 free by significantly his green tubers and 9 free of malformed tubers (such as, for example, Zwiewuchs and Kindel education).
(2) potatoes, which for the first time be placed on the market from 1 October of the harvest year must be shells in principle.
4. (1) potatoes are classified in the following categories:
a) 'Class I';
(b) 'Class II').
(2) potatoes of class I must be the minimum characteristics, typical of the variety. However, the following errors are permissible:
a) light green color on no more than 1/8 of the surface of the tuber;
b) light superficial damage, which are removed by normal peeling can be;
c) damage or black spotting ranging not deeper than 5 mm and not more than 10% of the weight of the tubers are required for their elimination and d) germs with a length of no more than 3 mm.
(3) potatoes must have class II going beyond the minimum requirements a typical appearance commensurate with the cultivation and harvest year. However, the following errors are permissible:
a) light green color, which can be removed by normal peeling.
b) damage or black frosting, not more than 10% of the weight of the tubers are needed to remove them;
c) germs with a length of not more than 5 mm and d) minor loss of strength.
(4) potatoes, which can be classified into any of the classes listed in paragraph 1 are allowed only for the purpose of exploitation in processing plants on the market.
Invoices, delivery notes or other accompanying transport documents
§ 5. In invoices, delivery notes or any other transport documents, except in such securities of retail, are the classes under which potatoes have been respectively supplied, sold or otherwise marketed, as also their origin.
§ 6 potatoes may in public announcements or messages that are intended for a wider range of people, not be advertised without specifying the class provided for pursuant to article 4, provided that these prices are indicated directly or indirectly related to a unit of weight.
Section 7 (1) for potatoes minimum sizes, which are to be determined after a square degree, its inner side must have the following minimum dimensions are as follows:
1. potatoes: a) long oval to long varieties 30 mm b) round to oval varieties 35 mm 2 new potatoes: a) before 30 June of the year of the duck for all varieties 28 mm b) as of June 30 of the crop year for long oval to long varieties 30 mm c) 35 mm round to oval varieties (2) paragraph 1 does not apply to long varieties with irregular form such as "Nag Lerner Kipfler" and "Rat".
(3) potato, which fall below the minimum size prescribed for the tubers form referred to in paragraph 1, may be sold. Prerequisite for this is that a note related to this circumstance - such as is done through the use of the additive "Mini" or the term "Triplets" -. In the following size Collations apply:
a) long oval to long varieties 20 to 30 mm b) 20 to 38 mm (4) the classification of the potato varieties under the outer form in "long oval to long varieties" and 'round to oval varieties' round to oval varieties varies according the descriptive list of varieties of the public part of the list of varieties referred to in article 65, par. 3 of the seed law 1997.
§ 8 tolerances on Nos. 1 and 2 each measured by weight, are approved according to the following provisions:
1. quality tolerances: a) the percentage of tubers, which do not comply with the minimum requirements referred to in article 3, paragraph 1, shall not exceed 10% in the "class I" and does not exceed 15% in the "class II".
(b) the percentage of wet rot, brown rot or dry rot bulbs or tubers with frost or heat damage is within the tolerances in accordance with letter. not exceed 1% in the "Class I" and "Class II" 2%.
(c) in all classes, lit may within the framework of the tolerances in accordance with. a tolerance for third-party components in accordance with § 9 par. 5 potatoes 2% and new potatoes does not exceed 4%.
2. size tolerances: inside a sizing "Class I" the proportion of different tubers may be 4%, within that 6% do not exceed the "class II".
3. grade tolerances: the percentage of tubers of other varieties should not exceed 2%.
Presentation and packaging
§ 9 (1) which content of each pack piece must be evenly and must thus - without prejudice to the tolerances - potatoes of the same origin, include the same variety and quality. As far as potatoes are sorted by size, each parcel must contain same size tubers. The visible part of the contents of the package must be representative of the overall content of the package.
(2) in the case of potatoes "Class I" the size difference between the smallest and the largest tuber must not exceed in small packages up to 5 kg including 30 mm. This does not apply for new potatoes, which are first placed on the market before June 30 of the crop year.
(3) packages may however contain two different types of mixtures of potatoes 5 kg, provided that they are clearly distinguishable.
(4) the packaging material must be as good as new and clean.
(5) the packages must be free of foreign elements such as Earth, sand or loose germs.
Labelling of packaging
§ 10 (1) must be clearly readable and visible and indelible the following information each parcel from the outside:
1. identification: Packer or sender: name and address;
2. type of product: a) "Potatoes" or "Potatoes", "new potatoes" or "This year's potatoes" or "Heurigen".
(b) in the case of ware potatoes of the name of the variety or of varieties in the case of mixtures in accordance with § 9 para 3 as well as the respective type of cooking;
3. origin of the product: country of origin and, where appropriate, region or regional or other local name or in the case of mixtures in accordance with § 9 para 3 the respective countries of origin in the immediate vicinity of the name of the variety concerned;
4. characteristics: class.
(2) in the case of loose performance in retail can no. 1 on the indication referred to in paragraph 1 and for potatoes on the indication referred to in paragraph 1 subpara 2 lit. a be abandoned, if the potatoes from a packing properly marked in accordance with paragraph 1 is taken.
(3) small packages are within the meaning of § 2 5 correctly marked can be omitted on the marking of the Transportgebindes.
(4) that distribution of potatoes to the consumer within the meaning of § 5 para 2 is VNG without packaging and labelling permits.
(5) for the delivery by the producers in storage places or sorting and packaging make of a trading company or a sales establishment of producers, the indication of the variety in the accompanying document is sufficient.
11. (1) the pursuant to § 11 VNG competent supervisory authorities - in the context of domestic control in accordance with § 10 VNG in particular in the area of retail - have regularly and sufficiently controls carried out to the compliance with the rules on to ensure the marketing of potatoes.
(2) for the field of domestic control, the Federal Minister for agriculture and forestry, environment and water management, including a possible technical expertise of the Agency for health and food security GmbH (AGES) annually adopts a specimen plan.
(3) to determine the accuracy of the denomination or the varietal identity and varietal purity, the respective monitoring body both imports or export control according to the § § has 8 and 9 VNG and domestic control pursuant to § 10 VNG samples to investigation purposes in accordance with § 15 remove VNG.
(4) the AGES is the body responsible for the investigation and assessment of the extracted sample with regard to varietal identity and varietal purity.
(5) the game to validate at least 40 tubers can be found. This game is to share VNG pursuant to § 15 para 2 in two similar samples, where to send samples part of the AGES to the official investigation and assessment and the other samples part of the party, to leave evidence.
(6) the variety testing using electrophoresis the AGES has carry and to inform the result of inspection, which has sent the sample to the investigation.
(7) on the occasion of imports or export control samples collected, the outcome of the official inquiry is before any further reason to wait.
Notification and reporting requirements
§ 12. The supervisory authorities in accordance with § 11 VNG have to submit the results of the checks the Federal Minister for agriculture and forestry, environment and water annually, as well as upon request.
§ 13. An administrative offence within the meaning of § 21 para 2 VNG commits, who
1 violates article 3 potatoes, representing not the minimum properties in traffic 2. contrary to § 4 paragraph 2 brings, potatoes stating the "class I" brings in traffic, although they meet not the properties defined for this class, or are not typical of the variety, 3. contrary to § 4 para 3 brings potatoes stating "Class II" in traffic, although they meet not the properties set for this class or have not a varietal appearance commensurate with the region and year of harvest , 4. contrary to § 5 in bills, not the specific class or the origin specifies delivery or other accompanying transport documents, 5. contrary to article 6 apply potatoes without specifying the class, 6 contrary to § 7 paragraph 1 potatoes that meet not the prescribed minimum sizes, brings in traffic, 7 contrary to § 7 para 3 brings potatoes that fall below the prescribed minimum size referred to in article 7, paragraph 1, without notice in traffic , 8 contrary to section 9 para 1 Pack pieces with potatoes different origin, different variety or quality in traffic brings, unless this is not permitted according to § 9 para 3, 9.
contrary to § 9 para 3 packages brings 5 kg with mixtures of potatoes of two different varieties on the market, which are not clearly distinguishable, 10 contrary to § 9 para 4 uses no new or dirty packaging material, 11 contrary to § 9 par. 5 brings in traffic packages that contain strange ingredients, 12 violates article 10 par. 1 brings packages not clearly read - and visible or verwischbaren particulars in transport , 13 contrary to § 10 para 1 packages without or with incomplete or false information on the market brings, 14 in the case of loose performance in the retail sector in accordance with section 10 para 2 No, incomplete or untruthful information is.