63. Regulation of the Federal Minister of health on the establishment of a Department for animal-friendly animal husbandry and animal welfare rating and labelling standard manufactured housing systems and housing equipment and pet shelters and pet accessories (departments / HaltungssystemeVO - FstHVO)
Due to § 18 par. 6 and 9 of the Federal Act on the protection of animals (animal welfare act ed.), Federal Law Gazette I no. 118/2004 art. 2, I no 80/2010, last amended by BGBl. - insofar as this regulation concerns farm animals in agreement with the Federal Minister of agriculture and forestry, prescribed environmental and water management -:
§ 1. This regulation lays down:
1 a specialist unit for animal welfare animal husbandry and animal welfare (hereafter: Department) to carry out reviews a) novel series produced on stable systems and new technical equipment for livestock according to § 18 paragraph 7 Ed., b) serially manufactured systems and housing equipment and pet shelters and pet accessories according to § 18 paragraph 8 Ed. for the purpose of obtaining an animal welfare label and 2. Design a welfare indicator and 3. the carrying of the costs for the use of the Office.
§ 2. The terms refer to the purposes of this Regulation:
1 in marketing: manufacture of and trade in products to be used for animal husbandry in Austria;
2. products: farming systems, stable equipment, pet facilities, pet accommodation and pet accessories and technical equipment;
3. attitude (on appointment) systems: the entirety of lay-outs for the keeping of animals, whose posture requirements of 1 are subject to animal husbandry regulation;
4. structural engineering, on stable technical or procedural items barn equipment: used in husbandry systems or appliances or equipment;
5. pet accommodation: the totality of equipment parts to the housing of animals, which are kept as companion or out of interest on animals in the household and their position requirements of 2 are subject to animal husbandry regulation;
6 pet facilities: facility or equipment components in a pet accommodation;
7 items pet accessories: used in home livestock or equipment;
8. technical equipment: construction or on stable technical or procedural items used in animal husbandry and in dealing with animals and equipment;
9. novel: on housing systems and technical equipment, which differ in their entirety or with respect to one or more individual parts of existing systems or equipment, or which are not used at the time of entry into force of this regulation, the animal husbandry in Austria are novel so that the functional areas for or the use can be modified by the animals.
Animal welfare indicators
3. (1) the welfare indicator to the expulsion of mass-produced housing systems and stable equipment and pet accessories, pet accommodation as compliance with the animal protection law (§ 18 para 8 Ed.) is designed by the Department pursuant to section 4.
(2) the pattern of the animal welfare license plate is to publish on the website of the Office.
(3) the pattern of the animal welfare label must include a placeholder for the verification code.
(4) in the case of expulsion of a product with the animal welfare license plate, this is to be provided with a verification code to be awarded by the Department, to assign it to a specific product that is peer-reviewed by the Office. It can be used only in connection with the specific product - positively assessed by the Department -.
Establishment of the Office
4. (1) the technical Office, which has the appropriate personnel, is established locally at the veterinary University of Vienna and is supervised by the Federal Minister or the Federal Minister of health, except in scientific issues.
(2) the Office comes as far as legal personality as she is entitled in the context of the provision of these services to contract in its own name and to acquire assets and rights.
(3) the Director or the Director of the Office is appointed on the basis of the selection process undertaken according to objective criteria by the Minister or by the Federal Minister of health.
(4) if the technical tasks according to § 18 Ed., the Department can provide other natural and legal persons in the scope of their duties of services.
§ 5 (1) of the Office is:
1. the creation of opinion according to § 18 paragraph 7 Ed., 2. the creation of opinion in accordance with article 18, paragraph 8 Ed., 3. maintaining a register of the tested products, 4. the establishment of a general, permanent and free-access website.
(2) the Department has with the person who introduces a product assessment, to make an agreement on the scope and the duration of the test, as well as the costs. She must inform the applicant or the applicant before processing of the application scope, duration and estimated costs of the assessment process as well as the any given need for conducting a practical test by a body referred to in article 8.
(3) the Department has policies with regard to:
1. details on the design of the welfare indicator incorporating the test number, 2. details about the conduct of the examination 3. details on the minimum content of the opinion, 4. the rates for the preparation of the opinion referred to in article 9 to work out.
§ 6. The directives set out in § 5 para 3 are to submit the agency within one year after entry into force of this regulation, the Minister or the Federal Minister of health for approval, as far as these relate to farm animals, these are in agreement with the Federal Minister or the Federal Ministry of agriculture and forestry, environmental and water management shall be approved. After approval, the rules are immediately on the home page of the Office to publish.
Examination of a product and provide a fairness opinion
Section 7 (1) who his or her product in order to assess in accordance with § 18 see para 7 or 8 Ed. want, has to submit an application to the Department. Applicant or applicants can only be who brings this product in Austria in traffic or wants to bring in traffic.
(2) with the request to provide a fairness opinion everybody to submit necessary documents and information. Documents referring to and information must include at least:
1. name or business name and address, 2. proof of business license or authority of the placing on the market, 3. identification of the product (type, brand name) and purpose, 4 5 product information, place of manufacture, the checking makes possible, such as in particular: a) specifications and details, b) purpose and scope of application, c) plans, d) information on the material properties, e) reference farms (where available), 6 already present opinions, reports or scientific papers.
The Office is entitled to request at any time for the preparation of the opinion to a required additional documents and information, including if necessary provide a prototype of the applicant or the applicant.
(3) in the event of the need for practical tests, these are to get by the applicant or by the applicant in a body referred to in article 8, paragraph 1 at his or her expense. The institution, which carries out the practical exam, are anyway to make prototypes in required number available. The applicant or the applicant has to take care for the possibly necessary structural measures and facilities.
(4) the practical test is based on the provisions of the animal welfare act and regulations thereon, using scientific methods and criteria, in particular the veterinary medicine, ethology, animal husbandry technology and agricultural construction, as well as to be carried out, taking into account the practical experience.
(5) the technical Office has to evaluate the product on the basis of an expert opinion. The assessment has to pronounce whether the product intended use corresponds to the requirements of the animal welfare act or does not comply with.
(6) the Director or the Director and the staff of the Office are committed, any confidential information of which become known to them in the course of their activities, to maintain secrecy.
(7) the Department is obliged to provide the necessary information the authorities responsible for the enforcement of the animal welfare act and the animal transport Act and to provide if necessary documentation available to determine the facts of the case.
(8) with the express consent of the applicant or of the applicant within the meaning of § 4 Z 14 Data Protection Act 2000 is the content of the opinion on the home page of the Office to publish. In addition, the Federal Minister or the Federal Minister for health as well as - in relation to products for farm animals - also the Federal Minister or the Federal Minister of agriculture and forestry, are to inform environmental and water management on the tested products and the opinion.
Facilities to carry out practical tests
8. (1) has the Department to publish appropriate facilities for conducting practical tests after obtaining the consent of the Minister or the Federal Minister of health on the home page of the Office. In the case of the need for a practical examination, the applicant or the applicant has to hire one of these bodies to conduct this test.
(2) a facility is suitable, if it meets the following requirements:
1. independence of the establishment applicant, or the applicant, the manufacturer or the manufacturer, 2. Organization and functioning of the institution is guaranteed, that objectivity and impartiality are maintained in the exercise of their activity, 3. has that necessary expertise in the fields of animal husbandry and animal welfare on 4 has set up the suitable and sufficient human and material resources for the conduct of the examination.
(3) the organization that carries out the practical exam,
1. has undertaken the service that is required to deliver, according to scientific criteria must be verifiable, and comprehensibly documented and be appropriately maintained 2. is obliged to cooperate with the Office and shall grant it all the necessary information, clearly reproducible scientific results 3rd for providing advice to the secrecy and confidentiality; External communication, as well as any publications about projects may be carried out only after consultation and permission by the technical office and the applicant, or the applicant, 4 has to make sure, that the animals are monitored accordingly and testing to cancel if the welfare of the animals will be affected.
(4) the head or the head of the institution, as well as the personnel entrusted with the examination are required to any confidential information obtained them in the course of their activities, to maintain secrecy.
Expenses borne for the opinion
§ 9. The applicant or the applicant has to bear the costs of the expert opinion in addition to the cost of the practical exam (§ 7 para 3). The costs for the preparation of the opinion are Z 4 set pay rates based on the guidelines in accordance with article 5, para. 3, and are to be paid in advance.
Possibility of appeal
§ 10. The applicant or the applicant has objections against the opinion, he or she can submit a reasoned communication to the Office. The Department has the product at the expense of the applicant or of the applicant by a different reviewer or another to write a review of the Office. No more appeal possibility against the opinion of the Office on the new assessment.
§ 11 (1) represents the service to third parties the Manager or the head. The Director or the Manager is responsible in particular for providing the assessment.
(2) the Director or the Director of the Office has a staff of the Federal Ministry of health or from the Minister or the Federal Minister of health persons commissioned insight in the books and documents of the Office as well as in other documents serving the review of implementation of the performance - all in the original - self or third party and a visit on the spot to allow , give them the necessary information to grant or grant to leave and to provide an appropriate respondent for this purpose.
(3) all books and documents are safe and orderly manner ten years from delivery of the opinion to keep, with appropriate image and disk can be used for storage, when complete, orderly, identical, faithful to the original and verifiable play is guaranteed at all times until the end of the retention period. The description of the systems, the opinion and the verification code are to be kept 30 years.
(4) the Director or the Director of the Office has the principles of legality, thrift, ensure efficiency and expediency.
(5) the Director or the Director of the Office exercises the administrative and professional supervision over the personnel of authorities. He or she has to take care for the employment of staff necessary for the fulfilment of the tasks of the Office.
12. (1) has the Director or the Director of the Office to submit a financial plan (including the personnel plan) in advance for each subsequent financial year representing a binding basis in the presence of the approval referred to in paragraph 4 in the financial management and personnel management. The financial year corresponds to the calendar year.
(2) all are below expected revenue and is expected to be paid expenses of the Office separated in full (gross) to record year in the financial plan. The estimate amounts are calculated, if this is not possible, to appreciate.
(3) the budget for the following financial year (including the personnel plan) is to present the Federal Ministry of health together with explanatory notes by 30 June of the current year for approval. As far as this is deemed necessary to the creation of the federal budget, which has an estimate of funding requirements to submit prompt the Federal Minister or the Federal Minister of health office prior to the date referred to in the first sentence.
(4) the budget before its becomes effective the consent of the Minister or the Federal Minister of health. The agreement is considered to have been granted, if it is not denied to 31 October of the current year.
Expenses borne for the Office
§ 13. The needs arising for the construction and operation of the Office in the first three years is supported by the Federal Ministry of health up to a maximum of €320.000,--for the year 2012 and €250.000,--for the years 2013 and 2014. The funds are paid in advance on the basis of the amount estimated in the budget for the respective year - in accordance with the above limits - in instalments by 31 May of each year by the Federal Ministry of health.
Annual financial statements
Section 14 (1) has the Director or the Director of the Office to submit annual accounts and an annual report of the Minister or the Federal Minister of health until 31 March of the following year.
(2) the numerical evidence must be carried out by original documents and include a demonstrable breakdown of all revenue related to the professional bodies activities in connection and expenditure.
(3) with proof of proper management, the Minister or the Minister for health has to relieve the Director or the Director of the Office.