Animal Material Act 2012

Original Language Title: Tiermaterialiengesetz-Novelle 2012

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23 Federal Act, with which the animal material law is changed (animal material act amendment to 2012)

The National Council has decided:

The animal material act - TMG, Federal Law Gazette I no 141/2003, amended by Federal Law Gazette I no. 13/2006 and the Federal Ministry of law 2009, Federal Law Gazette I is amended as follows no. 3:

1. paragraph 1 section 1:

"(1) this federal law serves 1 implementing a) of Regulation (EC) no 1069/2009 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 p. 1, as amended by the directive 2010/63/EC, OJ No. L 276 of 10 p. 33, b) of the Regulation (EU) No. 142/2011 on the implementation of Regulation (EC) no 1069/2009 of the European Parliament and of the Council laying hygiene requirements for animal by-products not intended for human consumption, as well as to the implementation of Directive 97/78/EC of as regards certain in accordance with that directive by veterinary checks on the border of free samples and goods , OJ EU no. L 54 of the 26.02.2011 p. 1, as amended by the Regulation (EU) No. 749/2011 OJ No. L 198 of the 30.07.2011 p. 3 and c) which on the basis of which in lit. a and judgments b those regulations directly applicable legal acts of the European Union, as well as 2 governing the collection, storage, transport, treatment, processing, disposal, or use and the in-marketing of animal by-products and materials that are excluded from the scope of Regulation (EC) No. 1069/2009 are."

2. in paragraph 2, the phrase is "Regulation (EC) No 1774/2002" by the phrase "of Regulation (EC) no 1069/2009, of the Regulation (EU) No. 142/2011" replaced.

3. articles 3 to 6 and heading are:

"Registration and approval of enterprises and entrepreneurs

§ 3 (1) for the registration or approval of establishments and installations (hereinafter: companies) as well as under article 23 or article 24 of Regulation (EC) No. 1069/2009 is responsible entrepreneurs the district administrative authority within whose jurisdiction the company is located or the operator has its seat,.

(2) companies and entrepreneurs who are working on one of the stages of production, transport, handling, loading and processing, storage, marketing, use or disposal of animal by-products or derived products, have prior to commencement of activities at the district administrative authority, specifying the nature of their activities, as well as appropriate relevant information about the nature and handling of animal by-products and any derived products , to apply for the registration or license. The activity may be recorded only after entry in the central register of the operation of the consumer health information system (para. 7).

(3) an application under paragraph 2 is not required for businesses and entrepreneurs that produce the animal by-products in the course of their activity as animal farm or as authorised or registered food business operators without performing another activity within the meaning of paragraph 2. As well, an application is not required if an exception from the reporting obligation was determined by a regulation in accordance with § 13.

(4) a registration within the meaning of article 23 which is Regulation (EC) no 1069/2009, when resulting from the assessment of the information submitted, that the no 1069/2009 and Regulation (EU) meet no. 142 / 2011 set requirements for the respective operations in Regulation (EC) and for the registered activity not approved in accordance with article 24 of Regulation (EC) no 1069/2009 is required.

(5) an authorisation shall be granted if the submitted information and a check on the spot, that which no 1069/2009 and Regulation (EU) are no. 142 / 2011 for the respective operation requirements in Regulation (EC) and it is ensured that the operating conditions are respected. An authorisation may be granted paragraph 2 of Regulation (EC) No. 1069/2009 as conditional, in application of article 44 on three, but no more than six months temporary admission, provided the infrastructure and equipment requirements are at least as far as met, can ensure a flawless operations. The district administrative authority has to use to verify the existence of the admission requirements, as well as for the implementation of planned checks, if necessary, appropriate experts.

(6) without prejudice to paragraph 4 and 5 may be made only in registration or authorisation is only granted, if any industrial official, waste-legal and/or statutory permits required for the operation of the plant or be granted at the same time. The licensing procedure are under this Federal Act if at all possible at the same time carry the approval procedures under other provisions.

(7) the Governor has to make sure that each paragraph 4 registered or registered under paragraph 5 approved operating or entrepreneurs in the central register of operating the health consumer information system and the electronically generated and associated official number brought to the affected holding. The entry in the central register of operation is in accordance with the format requirements, including the relevant codes and information according to the technical specifications set out in annex XVI chapter II, to be no. 3 of the Regulation (EU) No. 142/2011.

Record-keeping obligations

§ 4. businesses, entrepreneurs or people who make any animal by-products or materials 1, send 2, transport 3. or take 4th in reception, have to keep a record in the form of comprehensible and clear to ensure of the traceability of this. As well, the capital control measures, to document the internal flows of goods and compliance with any prescribed treatment and processing parameters in an appropriate manner are subject to operating activities. These records are for at least two years to be kept and requested the regulatory authorities (to provide section 8 paragraph 1) for inspection. If only the tax (Z 1) animal by-products and materials from livestock farms, the ordered storage of the transfer receipts of a registered pursuant to article 3 or approved business or entrepreneur is sufficient.

Official controls

§ 5. In companies or entrepreneurs who are approved regularly to monitor compliance with the relevant provisions or registered pursuant to article 3 has the district administrative authority. The frequency of checks is according to the requirements for avoiding hazards for humans, animals and the environment in the context of the multi-annual integrated control plan within the meaning of article 41 ff of Regulation (EC) No. 882/2004 on official controls for the verification of compliance with feed and food law, as well as the provisions on animal health and animal welfare, OJ No. L 165 of 30.4.2004 p. 1, as last amended by Regulation (EC) No. 563/2012, OJ No. L 168 of the 28.06.2012 p. 24, to set. Here is the handling of animal by-products and derived products as well as in approved establishments also includes compliance with the admission requirements, in particular as regards 1 the establishment and equipment of the operations, the technical process conditions, occupational hygiene, personal hygiene, the effectiveness of own-checks and the operational records;

2. the legal requirements on the raw materials, the source and the end-products, as well as to the labelling requirements;

3. ensure the destruction of all disease germs when intended to control processing and 4. proper disposal of waste and waste water. These checks can be done in the context of official controls under other statutory provisions.

Rectification, suspension and withdrawal of authorisation or registration, operating ban

The measures necessary for establishing the proper condition depending on the nature and severity of the defects by the district administrative authority decision to apply, where the use may be prohibited by parts of the plant and equipment as well as certain to be observed working methods or precautions may be prescribed are § 6 (1) identified shortcomings and abuses.

(2) is detected during an inspection in accordance with article 5, that admission requirements or other provisions concerning the handling of animal by-products and derived products are not respected or any other defect, a danger to the health of humans or animals can be achieved by, there, is to proceed according to paragraph 1 and the operation in addition up to restore the conditions or removal of defects preliminary with decision making and to prohibit temporarily the operations. Addressed the deficiencies within a period of six months after the issue of notice or the requirements for a rule-compliant operations are not restored during this period, allowing to withdraw or to delete the registration is officio by decision.

(3) the district administrative authority has to revoke the approval in the long term or to ban the operations in the long term, if inspections according to § 5 has been found that pose a significant risk to human or animal health due to repeated serious violations of the rules and the abduction to prevent further threats is necessary."

4. the heading to § 7 is as follows:

"Setting operation, change of activity or completion of admission"

5. paragraph 7 subsection 1:

"1. a temporary or permanent setting of the operation or activity immediately and 2. have (1) companies and entrepreneurs who are registered or licensed under this Federal Act, well in advance to report a significant change of activity or the type and category of the adopted animal by-products the district administrative authority."

6. in article 8 para 1 and 2, the phrase "Regulation (EC)" is replaced by the phrase "directly applicable provisions of the Union".

7. in the section 8, paragraph 1, Nos. 3 and para. 2 the word 'Community' is replaced by the word "Union".

8 paragraph 10 para 1 to 3:

"(1) the producer of 1 animal by-products or materials of category 1 and 2 (except manure, digestive and intestinal content) in accordance with Regulation (EC) no 1069/2009, 2. animal by-products or materials of category 3, which lit not referred to in article 14." d, e and j of Regulation (EC) No. 1069/2009 otherwise used are, as well as other persons who have such by-products and materials in custody, are obliged immediately to a suitable, registered pursuant to article 3 or approved operation or a according to the provisions of Regulation (EC) No. of 1069/2009 registered or operating in another Member State to deliver them, where in the case of category 1 and 2 material the consent of the Member State of destination for such a dispatch in accordance with article 48 paragraph () 1) which regulation (EC) No. 1069/2009 must exist.

(2) the obligated party referred to in paragraph 1 have a legally binding written agreement must include in particular all detailed provisions with regard to collection, marking, storage, collection, transportation and the way of the further working or processing, complete with registered or approved companies or entrepreneurs about the delivery. The agreements are concluded for a period of at least 3 months; they must be kept for two years and requested the regulatory authorities (§ 8 para 1) for the inspection to be submitted. To equate a written agreement in individual cases is proof of an existing connection to a municipal collection system suitable for this purpose. Regulations adopted pursuant to sections 12 and 13 must be observed.

(3) except by the provisions of a written agreement referred to in paragraph 2 the disposal of 1 dead (fallen stock) or dead animals within the meaning of Regulation (EC) is no 1069/2009, provided that they are not in a slaughterhouse, and 2. municipal waste within the meaning of the waste management act from households."

9. in article 12, paragraph 1 the quote is replaced "1774/2002" "1069/2009" with the quote.

10. in § 12 ABS. 2 Z 2 is the phrase "fees for admission (section 3) and" is replaced by the phrase "Fees for the registration and authorisation (article 3) as well as".

11 paragraph 13 para 1 and 2:

"(1) the Minister or the Federal Minister of health can according to the respective needs of veterinary and sanitätspolizeilichen, as well as in accordance with the current state of the science, as far as this is necessary and allowed for the transposition and implementation of Regulation (EC) no 1069/2009 and the directly applicable acts issued for its implementation of the European Union, by regulation the following set: 1 more detailed provisions and exceptions for certain types of animal by-products and materials about their collection" , Storage, transportation, treatment, disposal or processing, concerning the placing and the use of the products as well as art, form and content of the delivery agreements and operational records;

2. further provisions relating to the in execution of this federal law of to registration or authorisation procedures and regulatory measures and type and frequency of checks, taking into account the size, the type of the used products or of products;

3. further provisions on type, form and content of the information to be from companies or entrepreneurs in the course of a message relating to a registration or authorisation in accordance with article 3 or a change in activity in accordance with § 7 available, as well as supplementary provisions on exceptions to this reporting obligation;

4. additional provisions for the application of Regulation (EC) no 1069/2009 and Regulation (EU) No. 142/2011 or rules deviating allowed for use with following these regulations relating, directly applicable provisions of the Union as well as those provisions relating to delivery, collection, use, and disposal of animal by-products;

5. further provisions relating to the collection, storage, transport, treatment, processing, disposal or use and the in transport market of animal by-products and materials which no. 1069/2009 are not covered by the scope of Regulation (EC);

6 implementing provisions concerning controlled temporary burial of animal by-products or materials, are to eliminate under Regulation (EC) No. 1069/2009, for the purpose of making biodynamic preparations according to Regulation (EC) No. 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No. 2092 / 91, OJ No. L 189 of July 20, 2007 p. 1, as amended by Regulation (EC) No. 967/2008, OJ No. L 264 of 2008 p. 1.

"(2) the Minister or the Federal Minister of health may by regulation set, directly applicable legislation of the Union, that - would they be Austrian law - on the basis of competence offence"Veterinary"of article 10 paragraph 1 Z could be adopted 12 B-VG, in the context of this federal law to serve."

12 § 14 No. 1 is: "1 without one in accordance with section 3 required registration or license to own, a there-run activity exerts or" 13 § 14 No. 2 is: "2. contrary to section 3, paragraph 2 or article 7, paragraph 1 performs no message or" 14 section 14 is Z 13: "13 against instructions or prohibitions of Regulation (EC) no 1069/2009 or the Regulation (EU) No. 142 / 2011verstößt or" 15. In § 14, Z 14 is replaced by the word 'Union' the abbreviation 'EC'.

16. after section 15 the following article 15a is inserted:

'article 15a. (1) for operations, which at the time of entry into force of section 3 in the version of Federal Law Gazette. I no. 23/2013 in accordance with Regulation (EC) No. 1774/2002 with hygiene requirements for animal by-products not intended for human consumption, OJ No L 273 of the 10.10.2002 S. 1, repealed by Regulation (EC) no 1069/2009, OJ No. L 300 from November 14, 2009 page 1 and this law approved or registered in the central register of operating in accordance with § 3 paragraph 7 were, no renewed registration obligation arises.

(2) companies and entrepreneurs, whose Aktivität requires a registration in accordance with article 23 of Regulation (EC) No. 1069/2009 and was already a registration No. 1774/2002 granted pursuant to article 10, 11, 12, 13, 14, 15, 17 or 18 of Regulation (EC), apply now as registered."

17 in the section 16, paragraph 1, the phrase "Regulations (EC)" is replaced by the phrase "directly applicable provisions of the Union".

18. in paragraph 17, the phrase "for health and women" is replaced by the phrase "for health".