Change Of Food Safety And Consumer Protection Act, As Well As The Repeal Of The Federal Law On The Prohibition Of The In-On The Marketing Of Cosmetic Products, Which Check In Animal...

Original Language Title: Änderung des Lebensmittelsicherheits- und Verbraucherschutzgesetzes sowie Aufhebung des Bundesgesetzes über das Verbot des In-Verkehr-Bringens von kosmetischen Mitteln, die im Tierversuch überprüf...

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_67/BGBLA_2014_I_67.html

67. Federal law that amended the food safety and consumer protection law and repealed the Federal law on the ban of in-on the marketing of cosmetic products that have been tested in animal experiments, and the regulation on the marketing of acetic acid for enjoyment purposes

The National Council has decided:

The food safety and Consumer Protection Act - LMSVG, Federal Law Gazette I no. 13/2006, last amended by Federal Law Gazette I no. 171/2013, is amended as follows:

Article 1

Modification of the food safety and Consumer Protection Act

1. in the table of contents is the phrase "section 31 revision and sample plan" by the phrase "article 31 of national control plan" replaced.

2. in the table of contents, § 2 para 2, § 3 Z 13 and § 3 last paragraph, in the heading of section 4, as well as in article 4, paragraph 1 and 3, article 30, paragraph 1, article 48, para. 3, article 49, paragraph 1, 3 and 6, § 50, § 53 para 6 and 7, article 57, paragraph 1, article 58, paragraph 1, article 63, paragraph 1, article 64 par. 3, article 68, paragraph 1, article 90, par. 3 , § 95 paragraph 8 and 11 and article 107 is replaced the phrase "European Community" by the phrase "European Union" in the grammatical form of the corresponding.

3. § 3 Z 5b is:



"5b. flavourings: products/substances in accordance with article 3 paragraph 2 of Regulation (EC) No 1334/2008."

4. § 3 Z 9 second sentence reads:

"Article 3 Z 8 of Regulation (EC) No. 178/2002 applies to commodities, where not exists a placing on the market of toys sure is getting the toy in its composition did not match the food law not to the consumer."

5. According to § 3 Z 9, second sentence, the following sentence inserted:

"Article 3 Z 8 of Regulation (EC) No. 178/2002 by analogy also applies to cosmetic products where not exists a placing on the market if it's the application to the end user in the context of the exercise of the profession."

6 § 5 para 6 No. 2 is:



"2. the approval of the Ethics Committee in accordance with article 41 of the medicines Act, Federal Law Gazette No. 185/1983, or according to § 30 of the University Act 2002, Gazette I no. 120/2002, or one of a design law to sec. 8 c of the hospitals - and Spa institution Act, Federal Law Gazette No. 1/1957, the countries appointed Ethics Commission, exists."

7 paragraph 10 section 1:

"Section 10 (1) food business operators have the approval in accordance with the food hygiene registration regulation, BGBl. for their operations at the provincial Governor II No. 231/2009, to apply for, if such after"



1. a legislative act of the European Union, or 2. a regulation adopted pursuant to article 6, or 3 a in accordance with the procedure under article 14 paragraph 3 of Regulation (EC) No. 852 / 2004 decision is mandatory."

8 § 10 paragraph 7 (2) is:



"2. the approval of establishments' 9 § 18 para 2 is as follows:

"(2) section 5, paragraph 2 shall apply mutatis mutandis. Article 5, paragraph 4 shall apply mutatis mutandis, insofar as it relates to section 5 paragraph 2."

10. in section 22, the Z is 2 terminating word 'and' replaced by a comma, is no. 3:



"3. in the meaning of § 7 para 3 PSG 2004 on commodities in accordance with § 3 No. 7 lit. b, c and d,' 11. Following Nos. 4 and 5 are added to § 22:



"4. in accordance with article 9 of Directive 2009/48/EC in relation to toys and 5 in accordance with article 7 of Regulation (EC) no 1223/2009 on cosmetic products" 12 § 24 para 1 subpara 1 is:



"1. the Regulation (EU) No. 1151/2012 by November 21, 2012 through quality schemes for agricultural products and foodstuffs (OJ" (Nr. L 343 vondem 14. Dezember 2012) insofar as it relates to protected designations of origin and protected geographical indications referred to in title II and "13 section 24 paragraph 3 last sentence reads:

"The supervisory bodies can stand in a service relationship to a legal person located in the property of a country or several countries."

14 the following sentence is added to the section 24 (4):

"These people must be used also for hygiene controls in other approved establishments, provided they meet the training requirements designated in accordance with section 29."

15 paragraph 31 paragraph 1 together with the heading:

"National control plan

Section 31 (1) in the framework of the multi-annual integrated control plan according to § 30 has to adopt a national control plan for the official control of companies and goods the Federal Minister for health in terms of proper and effective control annually. It is created after referral to the countries and the Agency, and on the basis of risk assessments and statistical data, as well as taking into account the specific requirements of special product groups such as food supplements. He is to make accessible in its broad of public."

16. in article 31, par. 2 and 3, the phrase is replaced "Revision and sample plan" by the phrase "national control plan".

17. in article 33, paragraph 1, the phrase "in the Federal Ministry for health" is replaced by the phrase "by the Federal Minister of health".

18 paragraph 35 paragraph 7:

"(7) the supervisory bodies may in carrying out of violations of provisions of food law adopt a police fine pursuant to § 50 para 1 VStG or proceed according to § 50 para 5a VStG. You can see off of the reimbursement of a display, if fault on the part of the accused is negligible and the consequences of the violation are insignificant. You can tell the accused in such cases in an appropriate manner on the unlawfulness of his conduct."

19. in article 36, paragraph 5, the phrase "by the Institute for food investigation of the Agency commissioned for the investigation of samples" is replaced by the phrase "through the creation of the agency responsible for the investigation of samples".

20. in section 36, paragraph 9, the phrase "the competent local Institute for food investigation of the Agency" is replaced by the phrase "the locally competent body of the Agency".

21 Article 38 par. 1 No. 2 is:



"to support 2. supervisory bodies in the exercise of the tasks within the framework of this main piece, especially them in execution of article 36, paragraph 6 to name a few, as well as 22 article 38 par. 1 Z 5 is persons who are familiar with the company, to provide manufacturers and importers or distributors of goods:"



"(5. entsprechend ihrer Verantwortung a) pursuant to article 19 of Regulation (EC) No. 178/2002 on food, b) (in the sense of § 7 para 3 PSG in 2004 on commodities, except c) according to article 4 paragraph 8, article 6 paragraph 7 and article 7 paragraph 4 of Directive 2009/48/EC of 18 June 2009 on the safety of toys (OJ" (No. L 170 of June 30, 2009) in toys and d) according to article 5 or article 6 of Regulation (EC) no 1223/2009 of 30 November 2009 on cosmetic products (OJ (Nr. L 342 vondem 22. Dezember 2009) on cosmetic products to proceed and ' 23. In article 38, paragraph 1, no. 6 is replaced by the phrase "by the investigating laboratory, stating the company" the phrase "by the investigating laboratory".

24 the following paragraph 6 is added to the section 42:

"(6) is the placing on the market of toys in accordance with § 3 No. 7 lit. has Z 1 banned e pursuant to § 39 para 1 or temporarily seized the toys in accordance with article 41, paragraph 1 or make sure the Governor, unless the toy in a different EU Member State or EEA State is established, notify the manufacturer at the address specified on the relevant product or in the documentation accompanying the product by way of the liaison agency referred to in article 33, paragraph 1."

25. in article 44, paragraph 2, the phrase is omitted "whenever possible".

26 paragraph 44 paragraph 3:

"(3) the operators of water supply systems have to make sure that the Governor all documents required for the preparation of the report by the in accordance with § 5 No. 2 of the drinking water Ordinance, Federal Law Gazette II No. 304/2001, investigative bodies referred to are sent electronically."

27 paragraph 45 para 1 and 2 together with the heading:

"Control in accordance with title V of Regulation (EU) No. 1151/2012"

45. (1) the verification of compliance with the product specification referred to in article 7 and 19 of the Regulation (EU) is no. 1151/2012 by checkpoints, that are approved in accordance with paragraph 4 for the product specification, performed. A specification is controlled by just a checkpoint.

(2) any association pursuant to article 3 No. 2 of the Regulation (EU) No.  1151/2012, which has made an application for registration has to make a body form the Federal Ministry of health before the marketing of the agricultural product or foodstuff which monitored compliance with the product specification. Changes of the supervisory authority are immediately inform the Federal Ministry of health."

28 is 45 paragraph 4:

"(4) has the admission as supervisory authority on the basis of a written proposal to the Governor under proof of the following decision to be made:"



1 accreditation as a certification body for products in accordance with the Federal law on the accreditation of conformity assessment bodies (accreditation Act 2012 - AkkG 2012), Federal Law Gazette I no. 28 / 2012, or a supervisory authority based on another Member or Contracting State of the EU or EEA country this same equivalent accreditation, 2 one.

Compliance with the conditions laid down in article 5 paragraph 2 of Regulation (EC) No. 882/2004 and the minimum requirements and procedures for the control in relation to the agricultural product or foodstuff.

The authorisation may be granted to the detection of the condition limited to Z 1. The approval is granted for the entire Federal territory."

29. in article 45, paragraph 6, the expression "Paragraph 3" by the expression will be replaced "Paragraph 4".

30 § 47 para 3 first sentence reads:

"The control of imports from third countries is ordered organs that are specially trained for border control, to exercise by the Federal Minister of health."

31 § 49 para 3 No. 2 is:



"2. the approval of the shipment for a purpose other than for human consumption, if this show in one within the meaning of Regulation (EC) no 1069/2009 of 21 October 2009 laying hygiene requirements for animal by-products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (animal by-products regulation), OJ" "No. L 300 from November 14, 2009, is approved and regularly officially controlled operation spent and treated there as intended, or" 32. In § 49 para 6 Z 1 and in section 60, the expression is "Regulation (EC) No 1774/2002" by the expression "Regulation (EC) no 1069/2009" replaced.

33. paragraph 61 para 2:

"(2) the administrative charges are to ask the competent in the matter and allocated for whose activities the authority that has to bear the expenses of the authority, or the legal person referred to in article 24, paragraph 3."

34. in paragraph 63, the previous paragraph 2 receives the sales designation (3), the following paragraph 2 is added:

"(2) the Federal Minister for health has in consultation with the Federal Minister of finance regulation in terms of the exhibition of a re-export certificate pursuant to § 52 para 1 to set the height of the administrative charges for checks."

35. § 64 para 2 the following sentence is added:

"The fees are ask to the authority in the matter and allocated for whose activities the authority that has to bear the expenses of the authority, or the legal person referred to in article 24, paragraph 3."

36. paragraph 64 paragraph 4:

"Has (4) the Federal Minister of health after consulting the main compatriots, the Austrian Federal Economic Chamber, the Chamber of Agriculture of Austria and the Austrian Veterinary Association, for establishments which slaughter more than 1000 livestock units per year mammals or 150 000 pieces of poultry, or edit the annually more than 250 tons of wild meat in game handling establishments and cutting plants, dismantle the more than 250 tons of meat in agreement with the Federal Minister of finance, , the fee for



"1. routine slaughter animals and meat investigations pursuant to § 53 para 1, 2. sampling and investigations in accordance with article 55, paragraph 1 Z 1, 3. checks pursuant to § 54, 4. residue controls in accordance with article 56 in accordance with Chapter VI and annexes IV and VI of to Regulation (EC) No. 882/2004 and 5. sampling and analysis of samples in accordance with article 55, paragraph 1 Z 2, taking into account article 61, paragraph 1 No. 1 through regulation to set."

37. in section 68 para 2, § 73 (4) and section 100, para 4 is the phrase "section 9 AkkG" is replaced by the phrase "the accreditation Act 2012".

38. § 73 para 4 are following sentences to attach:

"The laboratory together with the address is to sign the Federal Ministry of health. Any substantial change of circumstances relevant for the message is immediately."

39. paragraph 73 paragraph 8:

"Persons authorized (8) pursuant to § 73 para 2 are published with their name, the scope of the authorisation and the laboratory together with the address in a list to be out by the Federal Ministry of health."

40. the following sentence is added to § the 74:

This obligation "shall not apply, provided that the isolates were already sent no. 6 at the instigation of the operator in accordance with article 38, paragraph 1."

41. § 86 para 1 and 2 are:

"86. (1) the contractor is liable for fines, costs of the publication of the judgment and for in accordance with article 20 para. 3 penal code for lapse declared amounts of money to pay an employee or representative of his business is convicted of an act endangered after the sections 81 and 82 with penalty, unless that the offender has committed the offence in the context of the official duties of the company.

(2) the liability is generally in the criminal judgment to decide. The entrepreneur is to download the trial. He has the rights of the accused; especially entitled to him, to make all submissions as the accused and to challenge the ruling in the main proceedings. However, the procedure and the judgment precipitation are not inhibited by his non-appearance; also, he can raise no objection against a decision precipitated in his absence. The decision on the liability or their absence thereof forms part of the statement about the penalty and may be challenged by the contractor and the public prosecutor's Office with appointment."

42. Article 90 para 3 No. 2 is:



"2. the provisions of the one on the basis of §§ 6, 7 para 1, 9 para 2, 10 para 7 or 8, §§ 11, 12, 13, 14, 19, 20, 34, 47 contravenes para of 2, 53 para of 7 or 57 paragraph 1 adopted by regulation," 43. Section 95 be added following paragraph 21 to 24:

"(21) the following regulations appear at the end of the day of the announcement of this Federal Act, as amended by Federal Law Gazette I no. 67/2014, override:"



1. Regulation of margarine products and mixed fatty products, Federal Law Gazette No. 378/1993;

2. Regulation on dyes contained in cosmetic products should be (cosmetics dye Regulation), Federal Law Gazette II No. 416/1995;

3. regulation about control measures relating to cosmetic products, Federal Law Gazette II No. 168/1996;

4. Regulation concerning the non-inclusion of one or more ingredients on the list used for the labelling of cosmetic products, BGBl. II Nr 359/1996;

5. Regulation relating to cosmetic products (cosmetics directive) Federal Law Gazette II No. 375/1999.

(22) the following regulations appear at the end of the 12 December 2014 override:



1. Regulation on the labelling of packaged foods (food labelling regulation 1993 - LMKV), Federal Law Gazette No. 72/1993;

2. Regulation on the addition of dyes to foodstuffs, BGBl. No. 541/1996;

3. Regulation on the addition of sweeteners to food and food supplements (sweetening agents Regulation), BGBl. No. 547/1996;

4. Regulation concerning other additives than colours and sweeteners (ZuV), Federal Law Gazette II No. 383/1998.

(23) that no. 896/1995, occurs at the end of the 12 December 2016 override regulation on nutrition labelling for foodstuffs (NWKV), Federal Law Gazette.

"(24) section 45 (4) penultimate sentence as amended by Federal Law Gazette I no. 67/2014 effective retroactively with January 1, 2011."

44 the following paragraph 5 is added to the section 100:

"(5) persons who between the entry into force of § 73 as amended by the Federal Act, Federal Law Gazette I no. 95/2010 and the coming into force of section 73, in the version of Federal Law Gazette I no. 67/2014 have been authorized, must the laboratory together with the address, where they hired or to which they are contractually bound, report the Federal Ministry of health in accordance with paragraph 4, within a period of six months."

45. in section 107 is the No. 2; the Z 3 to 11 get the numeric designations "2" to"10".

46. in paragraph 107, the point is replaced at the end of the Z 10 by a comma and appended the following Z 11:



"11. directive 2009/48/EC of 18 June 2009 on the safety of toys (OJ (Nr. L 170 vondem 30. Juni 2009). "

Article 2

Repeal of the Federal law on the prohibition of the in-on the marketing of cosmetic products that have been tested in animal experiments

The Federal law on the ban of in-on the marketing of cosmetic products that have been tested in animal experiments, Federal Law Gazette I no. 122/2004, as well as the regulation on the publication of a list of validated alternative methods for cosmetics, Federal Law Gazette II No. 361/2005, are repealed.

Article 3

Repeal of regulation on the marketing of acetic acid for enjoyment purposes

Regulation on the marketing of acetic acid for enjoyment purposes, Federal Law Gazette No. 148/1959, is repealed.

Fischer

Faymann