431. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on marketing standards for fruit and vegetables

Pursuant to Section 4 (1) (1), Section 5, Section 7 (1), Section 10 (2) and Article 21 (2) of the Marketing Standards Act (VNG), BGBl. I n ° 68/2007 in the version of the Federal Ministries of the Federal Ministries of Law, BGBl. 1, § 5 and Section 10 (2) in agreement with the Federal Minister of Health and the Federal Minister for Economic Affairs, Family and Youth, the following:

Scope

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

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 1580/2007 laying down detailed rules for the application of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector, OJ L 327, 31.12.2007, p. No. OJ L 350, 31.12.2007, p. 1.

Market quotations

§ 2. Exchanges, administrations of public markets and other bodies, official or statutory purposes, price quotations or price fixing for products subject to specific marketing standards referred to in Annex I, Part B, of the Regulation (EC) No 1580/2007, in conjunction with Art. 113 (1) (lit). (b) of Regulation (EC) No 1234/2007, shall be obliged to base their quotations or findings on the classes provided that such classes are provided for a product in the EU marketing standards.

Advertising

§ 3. In the case of a product subject to specific marketing standards referred to in § 2, public notices or communications intended for a wider range of persons shall not be allowed to enter into public notices without specifying any one in the product concerned. EU marketing standard, provided that prices are indicated, which relate directly or indirectly to a unit of weight.

Merchant database

§ 4. (1) The merchant database referred to in Article 9 of Regulation (EC) No 1580/2007 shall be established at the inspection posts. All operators who place fresh fruit and vegetables on the market must be included in the merchant database. Excluded from this obligation are those entrepreneurs of category 3, whose sale is limited to small quantities of fruit and vegetables, as well as the off-farm sale.

(2) Entrepreneurs shall be classified in the following categories in accordance with Regulation (EC) No 1580/2007:

1.		Category 1: producer organisations, sorting and packing centres, distribution centres;
2.		Category 2: wholesale;
3.		Category 3: Retail trade, sales stands and self-marketing producers.

(3) The control to be carried out by the control body for operators of categories 1 and 2 per holding and year shall be carried out, except for sampling, at a frequency resulting from a risk analysis and statistical data. as well as taking into account the specific requirements of the goods. In laying down the criteria for assessing the risk, it is particularly appropriate to refer to the criteria laid down in Article 10 (1) of Regulation (EC) No 1580/2007, OJ L 327, 31.12.2007, p. 1., to take account of the factors mentioned in OJ L 350 of 31.12.2007.

(4) Category 3 establishments must be checked at reasonable frequency so often that compliance with the Community marketing standards is sufficiently ensured.

(5) The control bodies shall transmit the data of the merchant database and any changes relating to such data to the coordinating authority.

(6) The control bodies shall forward to the coordinating authority each year and, upon request, the results of the checks.

Criminal provisions

§ 5. An administrative surrender within the meaning of § 21 of the Marketing Standards Act 2007 is to be

1.		, contrary to § 3, without specifying the class of products for which there are special marketing standards.
2.		a product other than that referred to in Article 3 (exemptions and exemptions from the application of marketing standards) of Regulation (EC) No 1580/2007 for which marketing standards exist;
3.		contrary to Article 4 (labelling information) and Article 5 (labelling information at the retail level) of Regulation (EC) No 1580/2007, a product for which specific marketing standards exist, unmarked, defective, untrue or not in the In the correct way,
4.		Contrary to Article 9 (5) of Regulation (EC) No 1580/2007, the information required for the creation and updating of the database is not transmitted,
5.		contrary to Article 10 (4) of Regulation (EC) No 1580/2007, does not inform the inspection bodies of the information necessary for the organisation and conduct of the checks,
6.		Contrary to Article 11 (1) of Regulation (EC) No 1580/2007, a product is exported to third countries,
7.		contrary to Article 12 (1) of Regulation (EC) No 1580/2007, imports a product from third countries,
8.		, contrary to Article 20 (3) of Regulation (EC) No 1580/2007, goods which are the subject of a complaint protocol are moved or placed on the market without the authorisation of the control body.

Final provisions

§ 6. With the entry into force of this Regulation, the Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management shall enter into force on marketing standards for fruit and vegetables, BGBl. II No 163/2002, as amended by the BGBl version. I n ° 68/2007, except for force.

Berlakovich