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...

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67. Federal Act amending the Food Safety and Consumer Protection Act and the Federal Act prohibiting the placing on the market of cosmetic products, which have been reviewed in animal testing, and the Regulation on the Transport by means of acetic acid to be lifted for the purpose of pleasure

The National Council has decided:

The Food Safety and Consumer Protection Act-LMSVG, BGBl. I n ° 13/2006, as last amended by the Federal Law BGBl. I No 171/2013, shall be amended as follows:

Article 1

Amendment of the Food Safety and Consumer Protection Act

1. In the table of contents, the word order "§ 31 Revisions-and Sample Plan" through the phrase "§ 31 National Control Plan" replaced.

2. In the table of contents, in § 2 para. 2, § 3 Z 13 as well as § 3 last paragraph, in the title of § 4 as well as in § 4 para. 1 and 3, § 30 para. 1, § 48 para. 3, § 49 para. 1, 3 and 6, § 50, § 53 para. 6 and 7, § 57 para. 1, § 58 para. 1, § 63 para. 1, § 64 para. 3, Section 68 (1), section 90 (3), § 95 (8) and (11) and section 107 shall be followed by the phrase "European Community" through the phrase "European Union" shall be replaced by the respective grammatical form.

3. § 3 (b) 5b is:

" 5b.

Flavourings: Products/substances referred to in Article 3 (2) of Regulation (EC) No 1334/2008. "

4. § 3 Z 9 second sentence reads:

" Art. Article 3 (8) of Regulation (EC) No 178/2002 applies mutamatters to the use of toys, where the placing on the market of toys is not available when it is ensured that the toy does not comply with the food law requirements does not come to the consumer. "

5. In accordance with § 3 Z 9 second sentence, the following sentence shall be inserted:

" Art. Article 3 (8) of Regulation (EC) No 178/2002 also applies to cosmetic products, where the placing on the market is not available in the case of the use of the final consumer in the course of the exercise of the profession. "

6. § 5 (6) Z 2 reads:

" 2.

the consent of the Ethics Committee according to § 41 of the German Medicines Act, BGBl. No. 185/1983, or according to § 30 of the University Act 2002, BGBl. I n ° 120/2002, or in accordance with an Implementing Act to § 8c of the Hospital and Kuranstaltengesetz, BGBl. No. 1/1957, Ethics Committee established in the countries. "

Section 10 (1) reads as follows:

" § 10. (1) Food business operators shall have the approval in accordance with the Food Hygiene Authorisation Regulation, BGBl, for their establishments at the Landeshauptmann. II No 231/2009, where such a procedure has been adopted in accordance with

1.

a legislative act of the European Union; or

2.

a regulation adopted in accordance with paragraph 6; or

3.

a decision taken in accordance with the procedure laid down in Article 14 (3) of Regulation (EC) No 852/2004

is mandatory. "

8. § 10 (7) Z 2 reads:

" 2.

the approval of establishments "

9. § 18 para. 2 reads:

" (2) § 5 (2) shall apply mutatily. Section 5 (4) shall apply mutatily to the extent that it relates to § 5 (2). "

10. In § 22, the word ending Z 2 shall be: "and" replaced by a dash, Z 3 reads:

" 3.

within the meaning of Section 7 (3) PSG 2004 in respect of commodities according to § 3 Z 7 lit. b, c and d, "

11. The following Z 4 and 5 shall be added to § 22:

" 4.

pursuant to Article 9 of Directive 2009 /48/EC relating to toys and

5.

pursuant to Article 7 of Regulation (EC) No 1223/2009 in respect of cosmetic products "

12. § 24 (1) Z 1 reads:

" 1.

of Regulation (EU) No 1151/2012 of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 327, 30.12.2012, p. No. L 343 of 14 December 2012) to the extent to which these protected designations of origin and protected geographical indications as referred to in Title II are concerned, and

13. § 24 (3) last sentence reads:

"The supervisory bodies may also be in a service relationship with a legal person who is the property of a country or a number of countries."

14. The following sentence is added to Article 24 (4):

"These persons may also be used for hygiene inspections in other approved establishments, provided that they fulfil the training requirements laid down for this purpose in accordance with § 29."

15. § 31 (1) with title reads:

" National Control Plan

§ 31. (1) Within the framework of the multi-annual integrated control plan in accordance with § 30, the Federal Minister of Health shall, from the point of view of appropriate and effective control, annually have a national control plan for the official control of Companies and goods to be issued. This will be drawn up in accordance with the referral of 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 specific categories of products such as food supplements. It is to be made available to the public in its broad guidelines. "

16. In § 31 (2) and (3), the phrase "Revisions and sampling plans" through the phrase "national control plan" replaced.

17. In Section 33 (1), the phrase "The Federal Ministry of Health" through the phrase "by the Federal Minister for Health" replaced.

18. § 35 (7) reads:

" (7) The supervisory bodies may, in the course of infringements of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of food law, enact an organ punishment pursuant to Section 50 (1) of the VStG or act in accordance with Section 50 (5a) of the German You can also look at the reimbursement of an ad if the fault of the accused is minor and the consequences of the transgressive are insignificant. They may, in such cases, draw the accused's attention to the illegality of his conduct. "

19. In Section 36 (5), the phrase "through the Agency for the Study of the Probe of the Agency for the Study of the Probe" through the phrase 'through the agency of the Agency responsible for the study of the sample' replaced.

20. In § 36 (9), the phrase "the locally competent institute for food inspection of the Agency" through the phrase "the locally competent agency of the Agency" replaced.

21. § 38 (1) Z 2 reads:

" 2.

to give the best possible support to the supervisory bodies in the performance of the tasks within the framework of this main piece, in particular to name them in accordance with Section 36 (6) of the manufacturer and importer or distributor of goods, as well as to persons responsible for the performance of the duties companies are to be provided,

22. § 38 (1) Z 5 reads:

" 5.

according to their responsibilities

a)

pursuant to Article 19 of Regulation (EC) No 178/2002 as regards food,

b)

within the meaning of Section 7 (3) PSG 2004 in respect of commodities, other than toys,

c)

pursuant to Article 4 (8), Article 6 (7) and Article 7 (4) of Directive 2009 /48/EC of 18 June 2009 on the safety of toys (OJ L 327, 30.4.2009, p. No. OJ L 170 of 30 June 2009) relating to toys and

d)

pursuant to Article 5 and Article 6 of Regulation (EC) No 1223/2009 of 30 November 2009 on cosmetic products (OJ L 327, 30.12.2009, p. No. L 342 of 22 December 2009) relating to cosmetic products

and "

23. In § 38 (1) Z 6 the word order shall be "through the undersearching laboratory" through the phrase "by the laboratory under investigation, under the name of the company" replaced.

(24) The following paragraph 6 is added to § 42:

" (6) The placing on the market of toys according to § 3 Z 7 lit. e is prohibited pursuant to section 39 (1) (1) (1) or the toy is provisionally seized or seized in accordance with section 41 (1), the Governor of the State shall have the toy established in another Member State of the EU or the EEA State Party Inform the manufacturer under the address specified on the product or in the accompanying documents of the product by the liaison body in accordance with section 33 (1). "

25. In § 44 (2) the word order is deleted "if possible" .

Section 44 (3) reads as follows:

" (3) The operators of water supply systems shall ensure that all documents required for the preparation of the report by the Governor of the State of the State shall be submitted by the Federal State Governor pursuant to § 5 (2) (2) of the Drinking Water Ordinance (BGBl). II No 304/2001, referred to in Annex I to Regulation (EC) No 304/2001.

27. § 45 (1) and (2) together with the title is:

" Control pursuant to Title V of Regulation (EU) No 1151/2012

§ 45. (1) The control of compliance with the product specification in accordance with Articles 7 and 19 of Regulation (EU) No 1151/2012 shall be carried out by inspection bodies authorised in accordance with paragraph 4 for the product specification. A specification is controlled by only one inspection body.

(2) Each association referred to in Article 3 (2) of Regulation (EU) No 1151/2012, which has submitted an application for registration, has notified the Federal Ministry of Health, prior to the marketing of the agricultural product or foodstuff, a control centre , which controls compliance with the product specification. Changes to the supervisory authority shall be notified without delay to the Federal Ministry of Health. "

28. 45 (4) reads as follows:

" (4) On the basis of a written application to the Landeshauptmann, the approval as a control body must be informed of the following conditions:

1.

Accreditation as a certification body for products in accordance with the Federal Act on the Accreditation of Conformity Assessment Points (Accreditation Act 2012-AkkG 2012), BGBl. I No 28/2012, or at a supervisory authority established in another Member State or State Party of the EU or the EEA State, one such accreditation, which is to be kept in the same way;

2.

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

The approval may be granted for a limited period until proof of the condition after Z 1. The authorisation shall be granted for the entire Federal territory. "

29. In § 45 (6) the expression " 3 " by the expression " 4 " replaced.

30. § 47 (3), first sentence reads:

"The control of imports from third countries shall be carried out by bodies appointed by the Federal Minister of Health, which are particularly well trained for border control."

31. § 49 (3) Z 2 reads:

" 2.

the authorisation of the consignment for a purpose other than that of human consumption, if that consignment is included in a programme within the meaning of Regulation (EC) No 1069/2009 of 21 December 2009, Directive on animal by-products not intended for human consumption, and repealing Regulation (EC) No 1774/2002 (Regulation on animal by-products), OJ L 327, 27.12.2009, p. No. L 300 of 14 November 2009, authorised and regularly controlled by the authorities, where it is treated in accordance with the terms of the directive, or "

32. In § 49 paragraph 6 Z 1 and in § 60 the expression "Regulation (EC) No 1774/2002" by the expression "Regulation (EC) No 1069/2009" replaced.

33. § 61 (2) reads:

The administrative charges shall be raised by the competent authority and shall be allocated to the local authority which has to bear the burden of that authority or to the legal person referred to in Article 24 (3) for their activities. '

34. In § 63, the previous paragraph 2 receives the sales designation "(3)" , the following paragraph 2 is inserted:

"(2) The Federal Minister of Health, in agreement with the Federal Minister for Finance, has to lay down the amount of administrative charges for checks with a view to issuing an export certificate in accordance with section 52 (1)."

35. The following sentence is added to Article 64 (2):

"The fees shall be borne by the competent authority and shall be borne by the local authority which has to bear the burden of that authority or of the legal person referred to in Article 24 (3) for the purposes of their activities."

36. § 64 (4) reads:

" (4) The Federal Minister of Health has, in agreement with the Federal Minister for Finance, after hearing the provincial general men, the Austrian Chamber of Commerce, the Austrian Chamber of Agriculture and the Austrian Veterinary Chamber, for Holdings which slaughter more than 1000 livestock units of mammals or 150 000 units of poultry annually, or which annually process more than 250 tonnes of wild game meat in game-processing plants, or cutting plants, which have more than 250 tonnes per year Disassemble the meat, the fee for

1.

routine ante-mortem and post-mortem inspection in accordance with section 53 (1),

2.

Sampling and testing pursuant to Article 55 (1) (1) (1),

3.

hygiene control according to § 54,

4.

Residue controls in accordance with Article 56, in accordance with Chapter VI and Annexes IV and VI of Regulation (EC) No 882/2004 and

5.

Sampling and testing of the samples pursuant to § 55 paragraph 1 Z 2, taking into account § 61 (1) (1) (1) (1)

by regulation. "

37. In § 68 (2), § 73 (4) and § 100 (4), the word order shall be "§ 9 AkkG" through the phrase "The Accreditation Act 2012" replaced.

38. § 73 (4) shall be added to the following sentences:

" The laboratory and address are to be reported to the Federal Ministry of Health. Any substantial change in the circumstances relevant to the notification shall be notified without delay. "

39. § 73 (8) reads:

"(8) Persons authorized pursuant to section 73 (2) shall be published together with their name, the scope of the authorisation and the laboratory together with the address in a list to be published by the Federal Ministry of Health."

40. The following sentence is added to § 74:

"This obligation shall not apply, provided that the isolates have already been transmitted on the initiative of the entrepre in accordance with § 38 (1) Z 6."

41. § 86 (1) and (2) are:

" § 86. (1) The entrepre shall be liable for financial penalties, costs of the publication of the judgment and for the payment of sums of money declared pursuant to section 20 (3) of the StGB for the payment of which a worker or agent of his company is liable for payment in accordance with § § 81 and 82 of the German Civil Code The sentence has been convicted, unless the convicted person has not committed the offence in the context of the official duties of the establishment.

(2) The liability is generally to be decided in the criminal case. The entrepre is to be charged for the main negotiation. He has the rights of the accused; in particular, he has the right to bring forward all means of defence, such as the accused, and to contest the verdict in the main proceedings. However, the proceedings and the precipitation of the judgment will not be hammered out by his non-appearance; nor can he object to a judgment which has been falsified in his absence. The decision on the liability or its failure constitutes part of the opposition over the penalty and may be appealed by the trader and the prosecutor's office with appeal. "

Section 90 (3) Z 2 reads as follows:

" 2.

the provisions of a regulation adopted pursuant to § § 6, 7 para. 1, 9 para. 2, 10 para. 7 or 8, § § 11, 12, 13, 14, 19, 20, 34, 47 para. 2, 53 (7) or 57 (1) of the regulation, "

43. The following paragraphs 21 to 24 are added to § 95:

" (21) The following regulations occur with the end of the day of the presentation of this federal law, in the version of the Federal Law BGBl. I No 67/2014, except for:

1.

Regulation on margarine products and mixed fat products, BGBl. No 378/1993;

2.

Regulation on colorants which may be contained in cosmetic products (Cosmetics Dye Regulation), BGBl. II No 416/1995;

3.

Regulation on control measures relating to cosmetic products, BGBl. II No 168/1996;

4.

Regulation on the non-application of one or more components to the list provided for in the labelling of cosmetic products, BGBl. II No 359/1996;

5.

Regulation on Cosmetic Products (Cosmetics Regulation) BGBl. II No 375/1999.

(22) The following Regulations shall expire on 12 December 2014:

1.

Regulation on the labelling of packaged food products (Food labelling regulation 1993-LMKV), BGBl. No 72/1993;

2.

Regulation on the addition of colouring matter to food, BGBl. No 541/1996;

3.

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

4.

Regulation on additives other than colours and sweeteners (ZuV), BGBl. II No 383/1998.

(23) The Regulation on the nutrition labelling of foodstuffs (NWKV), BGBl. No 896/1995, will expire on 12 December 2016.

(24) § 45 para. 4 penultimate sentence in the version of the Federal Law BGBl. I n ° 67/2014 is retroactive with 1. Jänner 2011 in force. "

(44) The following paragraph 5 is added to § 100:

" (5) Persons who between the entry into force of § 73 in the version of the Federal Law BGBl. I n ° 95/2010 and the entry into force of § 73 of the Federal Law BGBl Act. I n ° 67/2014, the laboratory, together with the address in which they are employed or to which they are contractually bound, must report to the Federal Ministry of Health pursuant to paragraph 4 within a period of six months. "

45. In § 107, the Z 2 is deleted; the Z 3 to 11 receive the digit designations "2." to "10." .

46. In § 107, the point at the end of Z 10 is replaced by a dash and the following Z 11 is added:

" 11.

Directive 2009 /48/EC of 18 June 2009 on the safety of toys (OJ L 376, 27.6.2009, p. No. L 170 of 30 June 2009).

Article 2

Repeal of the Federal Law on the Prohibition of the placing on the market of cosmetic products which have been reviewed in animal testing

The Federal Law on the Prohibition of the In-Traffic Bringens of Cosmetic Products, which have been reviewed in animal testing, BGBl. I n ° 122/2004, as well as the Regulation on the publication of a list of validated alternative methods for cosmetic products, BGBl. II No 361/2005, shall be repealed.

Article 3

Repeal of the Regulation on the marketing of acetic acid for the purposes of the general public

The Regulation on the transport of acetic acid for the purpose of human consumption, BGBl. No. 148/1959, is repealed.

Fischer

Faymann