Change Of Health And Food Safety Act

Original Language Title: Änderung des Gesundheits- und Ernährungssicherheitsgesetzes

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71. Federal law that modifies the health and food safety act

The National Council has decided:

The health and food safety act - GESG, Federal Law Gazette I no. 63/2002, as last amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. According to section 6a of paragraph 1a the following paragraph is inserted 1 b:

"(1B) the Federal Office for security in the health care sector has, if necessary, by pharmacies in connection with the Neuverblisterung of medicinal products in accordance with section 69 (4) of the pharmacy operation order 2005 as experts to staff of the Agency make the district administrative authorities for operating checks."

2. § 6a paragraph 5 reads:

"(5) the Federal Office for security in the health care sector has to cause the execution of statutory tasks listed in paragraph 1, also of the Agency at its disposal resources to operate and to employ professionally qualified officers and them for this purpose an identification document, as well as a service badge to exhibit. The Federal Office for security in the health care sector has further rules on the form and design of the service badge by regulation to meet. This regulation is published in the Internet on the home page of the Federal Office for security in the health care sector."

3. after Article 6a, paragraph 5, the following paragraph 5a is inserted:

"(5a) has the Federal Office for security in healthcare to the proper performance of his/her duties to adopt its rules of procedure. This is anyway, establishing that the Member appointed out of the circle of the officials of the Ministry of health will be chaired and that the alignment of procedures executive orders as well as the issuance of certificates and attestation of regulatory documents for purposes of the template in a foreign country comes to process senior member of the Federal Office for security in the health care sector."

4. § 6a paragraph 6, first sentence, is:

"For activities of the Federal Office for security in the health care sector and for the Agency's activities on the occasion of the execution of the laws mentioned in paragraph 1, the regulations adopted on its basis, or relevant legal acts of the European Union, the scientific advice according to paragraph 1a, the checks after para 1 b, as well as for the activities of the Agency pursuant to article 8 paragraph 2, Z are 13 to 16 charges after in accordance with a tariff (§ 57 AVG) to pay" ", establishing the Federal Office for security in health care according to the this connection arising from experience in the average cost has."

5. after Article 6a, paragraph 6 be inserted following paragraph 6a and 6B:

"(6a) charges for activities on the occasion of an official-control, other than those which are prescribed by Community legislation, only apply if there are infringements of provisions of federal laws mentioned in paragraph 1." In the administrative penal proceedings which are in the sentence to prescribe the fees to sentenced to an administrative penalty; These are paid directly to the Federal Agency.

(6B) for the collection of fees to be paid by pharmacies for the expert activity according to paragraph 1 b is the Federal Office for security in healthcare. "

6 § 6a the following paragraph 10 is added:

"(10) the Federal Office for security in the health care sector has party position including appeal authority procedure performed before the district administrative authorities or independent Administrative Senates in the countries, in the laws mentioned in paragraph 1, insofar as according to these laws, enforcement comes to the Federal Office for security in healthcare. The decisions are to make to the Federal Office for security in healthcare. The survey of the complaint to the administrative court entitled to the Federal Office for security in the health care sector."

Fischer

Faymann