70. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on marketing standards for poultrymeat

Pursuant to section 4 (1) Z 1, § 5 (1), § 14 (2), § 16, § 21 (2) and § 28 (2) of the German Marketing Standards Act (VNG), BGBl. I n ° 68/2007, as last amended by the Federal Law BGBl. I n ° 111/2010, becomes-with regard to § 4 (1) (1) (1), § 5 (1), § 14 (2) and § 16 in agreement with the Federal Minister of Health and the Federal Minister for Economic Affairs, Family and Youth-decreed:

Scope

§ 1. The provisions of this Regulation shall be used for the implementation of the following acts of the European Union:

1.		Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), OJ L 327, 31.12.2007, p. No. OJ L 299, 16.11.2007, p.
2.		Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat, OJ L 327, 31.12.2007, p. No. OJ L 157, 17.6.2008, p. 46.

Market quotations

§ 2. Exchanges, administrations of public markets or other bodies which make quotations or prices for poultrymeat which are official or provided for by law shall be obliged to make their quotations or to Findings of the trade classes referred to in Annex XIV, Part B, Section III (1) of Regulation (EC) No 1234/2007.

Preparations of fresh poultrymeat

§ 3. Establishments producing preparations of fresh poultrymeat may, in accordance with Annex XIV, Part B, Section II, point 6 of Regulation (EC) No 1234/2007, the storage temperature of fresh poultrymeat, by way of derogation from Annex XIV, Part B, Section II Point 2 of the Regulation-for the purpose of facilitating the necessary dismantling and handling for a period not exceeding 24 hours, to minus 12 °C.

Slaughtering and cutting plants

§ 4. (1) Each lot within the meaning of Art. 2 lit. (f) Regulation (EC) No 543/2008 shall be marked by the slaughtering and cutting operation in such a way that the date of manufacture can be determined. The lot marking must be performed by the slaughtering and cutting operation in a production protocol.

(2) The slaughterhouse must keep a register in which the results of the checks on water absorption shall be recorded in accordance with Article 16 (1) (1) and Article 20 (2) of Regulation (EC) No 543/2008. This register shall be kept for one year.

National reference laboratory

§ 5. The national reference laboratory for analyses of the water content of poultrymeat within the meaning of Regulation (EC) No 543/2008 is the Agency for Health and Food Safety (AGES).

Study of water content

§ 6. (1) The procedure laid down in Annex VI to Regulation (EC) No 543/2008 (the "Drip Procedure") shall be applied to the control of the water content of frozen or frozen broilers (chicken) pursuant to Article 16 (2) of Regulation (EC) No 543/2008. determined.

(2) For the control of the total water content of frozen or frozen poultry items in accordance with Article 20 (3) of Regulation (EC) No 543/2008, the samples are to be taken in accordance with Article 15 of the Marketing Standardisation Act (VNG).

(3) In the case of the quantity of poultry pieces to be controlled, ten parts must be removed at random and divided into two similar sample parts. A sample part is the AGES, Institute for Food Research (ILMU) Vienna, in the frozen and/or in a deep-frozen state. The other part of the trial is to be returned to the party for the purpose of proof.

(4) The investigative body shall determine the total water content of poultry pieces in accordance with the analytical procedure referred to in Annex VIII ("Chemical test") of Regulation (EC) No 543/2008 and shall communicate the result of the examination to that inspection body; which has sent the samples for examination.

Sampling of alternative posture forms

§ 7. (1) Where, in accordance with Article 11 of Regulation (EC) No 543/2008, the labelling of the holding form shall be 'lined with ...% ...' In accordance with Article 12 of Regulation (EC) No 543/2008, use shall be made of feed samples for investigation purposes in accordance with Article 15 of the VNG, on the basis of a risk assessment on a regular basis.

(2) In the case of feedingstuffs in containers above 100 kg, a number of individual samples shall be taken at random throughout the lot. A collection sample should be formed from the individual samples. This sample is to be reduced to 2 kg and to be divided into two similar sample parts. A part of the sample is to be submitted to the AGES, Institut für Feed Wien, to the official examination, the other part of the trial is to be returned to the party for the purpose of proof.

(3) The investigative institution shall carry out a microscopic examination and communicate the result of the examination to that inspection body which has submitted the test to the examination.

Criminal provisions

§ 8. (1) An administrative surrender within the meaning of section 21 (2) of the VNG is to be committed

1.		Contrary to § 2 price quotations or price fixing for poultrymeat, the corresponding trade class shall not be used,
2.		in the case of a holding which produces preparations from fresh poultrymeat, fresh poultrymeat is stored at a temperature of minus 12 °C for more than 24 hours, contrary to § 3,
3.		in the case of a holding of a holding which produces preparations from fresh poultrymeat, fresh poultrymeat is stored at temperatures below minus 12 °C, contrary to § 3,
4.		, contrary to § 4 (1), first sentence, the batch marking shall not be carried out or not in the prescribed manner;
5.		contrary to § 4 (1), second sentence, a lot of identification is not or is not correctly applied, or
6.		, contrary to Section 4 (2), a register shall not be held or not held properly or kept for at least one year.

(2) An administrative surrender within the meaning of Article 21 (2) of the VNG shall also apply to those who violate Regulation (EC) No 1234/2007 by:

1.		Supplies, supplies, supplies, sells, sells or places on the market poultry meat for sale,
a)			which is not classified in the commercial class referred to in Annex XIV, Part B, Section III, point 1, or
b)			which is not in a supply condition approved in accordance with Annex XIV, Part B, Section III, point 2,
2.		Poultrymeat which has already been frozen as fresh poultrymeat, contrary to the definition referred to in Annex XIV, Part B, Section II, point 2, for sale, offers, supplies, supplies, sells or otherwise in circulation or
3.		in the case of freshly declared poultrymeat, it does not comply with the storage temperature laid down in Annex XIV, Part B, Section II, point 2.

(3) An administrative surrender within the meaning of Article 21 (2) of the VNG also applies to those who violate Regulation (EC) No 543/2008 by holding, offering, supplying, selling, selling, or otherwise placing poultry meat for sale for sale,

1.		in which the accompanying documents do not provide the information required under Article 3 (5), or
2.		in which the information required under Article 5 (3) or (4) is not provided.

(4) In addition, administrative transgressing within the meaning of Section 21 (2) of the VNG shall be subject to the violation of Regulation (EC) No 543/2008, by:

1.		, contrary to Article 3 (1) of the Poultry Slaughtered Body, in a form other than that prescribed for sale, offers, offers, supplies, supplies, sells or otherwise places on the market a poultry carcase,
2.		contrary to the provisions of Article 3 (4), of the provisions of the first subparagraph of Article 3 (1),
3.		contrary to Article 3 (4), second subparagraph, does not indicate the absence of an institution on the label,
4.		contrary to Article 4 (1), second sentence
a)			in the case of whole carcases, not the form of establishment or
b)			in the case of partial pieces, does not indicate the type of poultry,
5.		Contrary to Article 10, the method of cooling used is different from that prescribed,
6.		contrary to Article 11 (1), first sentence, to indicate the shape of the holding, other than the approved terms,
7.		contrary to Article 12 (1), first sentence, without special authorisation, the terms used in Article 11,
8.		, contrary to Article 12 (1), second sentence or second sentence, second sentence, does not result in a book, which is not correct or not complete,
9.		, contrary to Article 15 (1) of frozen or frozen chicken in the Community, on the business or trade route for sale, supplies, offers, supplies, supplies, sells, or otherwise places on the market, the water content of which shall be subject to the conditions laid down in the Analytical methods referred to in Annex VI ("Drip Procedure") of certain technically unavoidable values,
10.		, contrary to Article 16 (2) of the lots or components of lots, before the end of the control procedure, or
11.		, contrary to Article 20 (1), fresh, frozen or frozen poultrymeat in the Community shall, on the business or trade route, be held for sale, offered, delivered, delivered, sold or otherwise placed on the market, the water content of which shall be in accordance with the analytical method referred to in Annex VIII ("Chemical test"), exceed certain technically unavoidable values.

Entry into force; external force

§ 9. This Regulation shall enter into force at the end of the day of the presentation, at the same time as the Regulation on marketing standards for poultrymeat, BGBl. II No 372/2001, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 68/2007, except for force.

Berlakovich