Marketing Of Potatoes

Original Language Title: Vermarktung von Speisekartoffeln

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244. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the marketing of food potatoes

Pursuant to § 4 (1) Z 2, § 5 (1), § 14 (2), § 16 and § 21 (2) of the Marketing Standards Act-VNG, BGBl. I n ° 68/2007, as last amended by the Federal Law, BGBl. I n ° 189/2013, is-in agreement with the Federal Minister of Health and the Federal Minister for Science, Research and the Economy-as regards § 4 (1) (2), § 5 (1) and § 16 (16):

Scope

§ 1. (1) The provisions of this Regulation shall apply to potatoes (potatoes) and early potatoes (hay potatoes) of the species "Solanum tuberosum L." of subheading 0701 90 of the Combined Nomenclature of Regulation (EEC) No 2658/87 on the the tariff and statistical nomenclature and the Common Customs Tariff, OJ L 327, 31.12.2003, p. No. OJ L 256 of 07.09.1987 p. 1.

(2) This Regulation shall also apply to potatoes which are delivered by the producer to storage sites or to sorting and packing centres of a trading company or a producer's disposal facility, but only in respect of the Sortenauthenticity (§ 10 para. 1 Z 2 lit. (b) and purity of the variety (§ 9 (1)).

Definitions

§ 2. (1) The potatoes are potatoes (potatoes) which are intended for direct consumption by man and which correspond to the following types of cooking:

a)

Boiled (bacon);

b)

mainly coerce;

c)

mehligkovy (mehly potatoes).

(2) The varieties corresponding to the respective cooking type are the description list of the public part of the list of varieties according to § 65 (3) of the seed law 1997, BGBl. I n ° 72/1997, as amended.

(3) Early potatoes (hay potatoes) are potatoes of the new harvest, which will be placed on the market for the first time before 10 August of each harvest year.

(4) Where a provision is to be applied to both the potatoes and the early potatoes, these are referred to below as potatoes for short.

(5) Small packages are packaging units intended for delivery to the consumer.

Minimum properties

§ 3. (1) In all classes, and subject to the specific provisions applicable to each class and to the tolerances allowed, potatoes shall be as follows:

1.

entirely,

2.

Healthy, in particular free from wet, brown and dry rot, of a surface schorf that exceeds 25% of the surface of the tuber, of a depth of deep schorf, which exceeds 10% of the surface of the tuber, of heat or frost damage, of iron stain, of hollow or of a hollow body, or of a hollow body. Black-heartedness, strong grafting, strong glaciation, strong stippiness and strong black stain,

3.

clean, that means almost free from earth or sand,

4.

solid, that doesn't mean wavy or wrinkled,

5.

free from abnormal external humidity,

6.

free from any foreign smell or taste,

7.

free from severe damage, fractures or severe crushing,

8.

free from clearly greened tubers and

9.

free from misdesigned tubers (such as Zwiegrew and Kindelbildung).

(2) Food potatoes starting from 1. The first time the year of harvest is placed on the market, must be in principle shellproof.

Class classification

§ 4. (1) potatoes shall be classified in the following quality classes:

a)

"Class I";

b)

"Class II".

(2) Class I potatoes must be a type of product based on the minimum characteristics. However, the following errors are allowed:

a)

slight green colouring to a maximum of 1/8 of the surface of the tuber;

b)

slight superficial damage, which can be removed by the normal peeling;

c)

damage or black spots not lower than 5 mm and which do not require more than 10% of the weight of the creel to be removed; and

d)

Germs having a length of not more than 3 mm.

(3) Class II potatoes must have a variety-typical appearance corresponding to the area of cultivation and the year of the harvest, in accordance with the minimum requirements. However, the following errors are allowed:

a)

slight green coloration, which can be removed by normal peeling;

b)

damage or black spots which do not require more than 10% of the bulkhead weight;

c)

germs with a maximum length of 5 mm and

d)

minor loss of strength.

(4) Potatoes which cannot be classified in any of the classes referred to in paragraph 1 may be placed on the market only for the purpose of recovery in processing plants.

Invoices, delivery notes or other transport accompanying documents

§ 5. In invoices, delivery notes or other transport accompanying documents, with the exception of such documents of retail trade, the classes under which potatoes have been delivered, sold or otherwise placed on the market shall be the same as those for which the Specify the origin.

Advertising

§ 6. Potatoes may not be advertised in public notices or in communications intended for a larger group of persons without indication of the class provided for in Article 4, provided that the prices indicated are those which are: directly or indirectly to a weight unit.

Minimum sizes

§ 7. (1) For potatoes, minimum sizes must be determined according to a square dimension, the internal side length of which must be as follows:

1.

Food potatoes:

a)

langovale to long varieties

30 mm

b)

round to oval varieties

35 mm

2.

Prey potatoes:

a)

before 30 June of the year of enduring for all varieties

28 mm

b)

from 30 June of the harvest year for long-govale to long varieties

30 mm

c)

round to oval varieties

35 mm

(2) Paragraph 1 does not apply to long varieties with an irregular shape, such as "Naglerner Kipfler" and "Ratte".

(3) potatoes falling below the minimum size prescribed for each type of tuber in accordance with paragraph 1 may be placed on the market. A prerequisite for this is that an indication relating to this circumstance-such as, for example, the use of the additive "mini-" or the term "triplets"-takes place. The following size options apply:

a)

langovale to long varieties

20 to 30 mm

b)

round to oval varieties

20 to 38 mm

(4) The classification of the potato varieties according to the outer form in "langovale bis lange varieties" and "round to oval varieties" is based on the description of the list of varieties of the public part of the list of varieties according to § 65 (3) of the seed law 1997.

Tolerances

§ 8. Tolerances, with regard to Z 1 and 2 in each case measured by weight, shall be approved in accordance with the following provisions:

1.

Quality tolerances:

a)

The proportion of tubers which do not comply with the minimum requirements in accordance with Section 3 (1) shall not exceed 10% in the "Class I" and 15% in the "Class II".

b)

The proportion of wet, brown or dry-faul tubers or tubers with frost or heat damage may be used within the limits of the tolerances referred to in lit. a 1% in "Class I" and 2% in "Class II".

c)

In all classes, within the limits of the tolerances according to lit. (a) the tolerance for foreign components in accordance with § 9 (5) in the case of food potatoes 2% and in the case of early potatoes not exceeding 4%.

2.

Size tolerances:

Within the size-sorting of "Class I", the proportion of different tubers may not exceed 4%, within that of "Class II" 6%.

3.

Variety tolerances:

The proportion of tubers of foreign varieties shall not exceed 2%.

Presentation and packaging

§ 9. (1) The contents of each package must be uniform and must therefore include potatoes of the same origin, variety and quality, without prejudice to tolerances. To the extent that potatoes are sorted by size, each package must contain tubers of the same size. The visible part of the contents of the package shall be representative of the total content of the package.

(2) In the case of potatoes of "Class I", the size difference between the smallest and the largest tuber shall not exceed 30 mm in small packages up to and including 5 kg. This does not apply to prey potatoes which are placed on the market for the first time before 30 June of the harvest year.

However, packages up to and including 5 kg may contain mixtures of potatoes of two different varieties, provided that these are clearly distinguishable.

(4) The packaging material must be new and clean.

(5) The packages must be free from foreign components such as soil, sand or loose germs.

Labelling of packaging

§ 10. (1) Each package must be clearly visible and visible from the outside as well as indelibly the following information:

1.

Identification:

Packer or sender: name and address;

2.

Nature of the product:

a)

"potatoes" or "potatoes", "early potatoes" or "Heurige potatoes" or "Heurige";

b)

In the case of food potatoes, the name of the variety or varieties in the case of mixtures as defined in Article 9 (3) and the particular type of coke;

3.

Origin of product:

the country of origin and, where appropriate, an area of cultivation or a regional or other local name or, in the case of mixtures, in accordance with Article 9 (3), the countries of origin in the immediate vicinity of the name of the variety concerned;

4.

Procurement characteristics:

Class.

(2) In the case of a loose presentation in the retail trade, the indication in accordance with paragraph 1 (1) and in the case of meat potatoes may be based on the indication in accordance with paragraph 1 (1) (2) (lit). a) if the potatoes have been removed from a packaging duly marked in accordance with paragraph 1.

(3) If small packages within the meaning of section 2 (5) are properly marked, the marking of the transport container can be dispensed with.

(4) The supply of potatoes to the consumer within the meaning of Article 5 (2) of the VNG without packaging and labelling is permitted.

(5) In the case of supply from the producer to storage sites or sorting and packaging sites of a trading company or a producer of a producer, the indication of the variety shall be sufficient in the accompanying documents.

Control

§ 11. (1) The inspection bodies responsible pursuant to Article 11 of the VNG, in the context of domestic control in accordance with § 10 of the VNG, in particular in the field of retail trade, shall carry out regular and adequate checks to ensure compliance with the rules on to ensure the marketing of food potatoes.

(2) For the area of domestic control, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall adopt the following technical expertise of the Agency for Health and Food Security GmbH (AGES). annually a sample plan.

(3) In order to determine the accuracy of the variety denomination or the varietal fastness and purity of the variety, the respective control body shall have both in the import or export control according to § § 8 and 9 VNG as well as in the domestic control according to § 10 VNG Samples for examination purposes according to § 15 VNG.

(4) The AGES shall be the body responsible for the examination and evaluation of the sample taken in respect of varietal fastness and purity of the variety.

(5) The batch to be checked shall be taken from at least 40 tubers. According to Article 15 (2) of the VNG, this lot is to be divided into two similar sample parts, whereby one sample part of the AGES is to be transmitted to the official examination and evaluation and the other part of the party is to be rejected for evidence.

(6) The AGES shall carry out the variety test on the basis of electrophoresis and shall inform the result of the inspection body which has submitted the test to the test.

(7) Where samples have been taken on the occasion of import or export control, the results of the official investigation shall be await before any further assessment.

Reporting and reporting requirements

§ 12. The inspection bodies in accordance with § 11 of the VNG shall submit annually to the Federal Minister for Agriculture, Forestry, Environment and Water Management, and upon request, the results of the checks.

Criminal provisions

§ 13. An administrative surrender within the meaning of section 21 (2) of the VNG is to be carried out

1.

Placing on the market, contrary to § 3, potatoes which do not comply with the minimum requirements,

2.

, contrary to Article 4 (2), placing potatoes on the market under the indication "Class I", even though they do not satisfy the characteristics defined for this class or are not typical of the variety,

3.

, contrary to Article 4 (3), placing potatoes under "Class II" on the market, even though they do not meet the characteristics defined for this class or do not have a variety-typical appearance corresponding to the cultivation area and the year of harvest,

4.

Contrary to § 5 in invoices, delivery notes or other transport accompanying documents, does not indicate the respective class or origin,

5.

Apply for the purchase of potatoes without indication of the class,

6.

, contrary to Section 7 (1), potatoes which do not comply with the specified minimum sizes shall be placed on the market,

7.

Contrary to Section 7 (3), potatoes which fall below the prescribed minimum size in accordance with Article 7 (1) shall be placed on the market without the appropriate notice,

8.

, contrary to § 9 para. 1, packages of potatoes of different origin, variety or quality shall be placed on the market, provided that this is not permitted under Section 9 (3),

9.

, contrary to Article 9 (3), packages up to and including 5 kg are placed on the market with mixtures of potatoes of two different varieties, which are not clearly distinguishable,

10.

Contrary to Article 9 (4), no new or unclean packaging material is used,

11.

Contrary to Section 9 (5), packages containing foreign components shall be placed on the market,

12.

, contrary to Article 10 (1) of the package, the goods shall be placed on the market with information which is not clearly visible or visible or which is indelible

13.

Placing on the market, contrary to Article 10 (1), packages without information or with incomplete or untrue information,

14.

in the case of a loose presentation in the retail trade in accordance with § 10 para. 2, no incomplete or untrue information shall be provided.

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