95. Federal Act amending the Food Safety and Consumer Protection Act

The National Council has decided:

The Food Safety and Consumer Protection Act-LMSVG, BGBl. I n ° 13/2006, as last amended by the Federal Law BGBl. I n ° 52/2009, shall be amended as follows:

1. In the table of contents, 1. Main piece 5. Section according to § 20 the line "§ 20a inclusion in the register" inserted.

2. In the table of contents 2. main section 2. section the word order "§ 32 Emergency Plan" through the phrase "§ 32 Food Safety Report and Emergency Plan" and in accordance with § 45, the line "§ 45a Immediate measures" inserted.

3. In the table of contents, the second main piece is 6. Section according to § 61 the line "§ 61a Import controls" and according to § 62 the line "§ 62a Maximum residue levels" inserted.

4. In the table of contents, 3. Main piece 1. Section the phrase "§ 74 Publication" through the phrase "§ 74 Duties of laboratories" replaced.

5. In the table of contents, 3. Section 2. Section of § § 78 and 79.

6. § 3 Z 5 reads:

" 5.		Food additives: Substances according to Art. 3 para. 2 lit. (a) Regulation (EC) No 1333/2008. "

7. According to § 3 Z 5, the following Z 5a and 5b are inserted:

" 5a.		Food enzymes: Products referred to in Article 3 (2) (lit). (a) Regulation (EC) No 1332/2008.
5b.		Flavourings: Products/substances in accordance with the Flavourings Regulation, BGBl. II No 42/1998. '

8. § 3 Z 5 reads:

" 6.		Processing aids: Substances according to Art. 3 para. 2 lit. (b) Regulation (EC) No 1333/2008. "

9. In § 4 (2), (3) and (4), § 6 (1) and (3), § 8 (3), § 9 (2), § 10 (5), 7 and 8, § 11, § 12, § 13 para. 1, § 14, § 15, § 17 para. 2, § 19, § 20, § 23 para. 1, § 24 para. 7, § 27 para. 2, § 29 para. 1, § 30, § 31 para. 1 and 2, § 33 para. 2, § 34, § § 43 (1), § 46 (2), § 49 (1), § 50, § 51 (1) to (3), § 53 (7), § 55 (3), § 56, § 57 (1), § 61 (1) and (4), § 62 (1), § 63 (1), § 64 (3) and (4), § 65 (2), § § 64 (3) and (4) § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 68 (3), § 76, § 77 (1), (4), (5) and (8), § 79 (1), § 80 (1) and (5), § 89, § 99 (7), § 100 (2) and (3), § 103 (1), § 108 Z 1, 2, 6 and 9. "Federal Minister for Health and Women" through the phrase "Federal Minister for Health" shall be replaced by the respective grammatical form.

10. In § 4 (4), after the word order "legislation referred to above" the phrase "subject to paragraph 6" inserted.

Section 4 is added to the following paragraph 6:

" (6) Procedures for the establishment, amendment or deletion of maximum residue levels in food products under Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin , of origin and amending Council Directive 91 /414/EEC (OJ L 42, 27.2.1991, p. No. L 70 of 16 March 2005) shall be carried out by the Agency. In the performance of these tasks, the Agency has the General Administrative Procedure Act 1991-AVG, BGBl. No. 51/1991, the delivery law, BGBl. No 200/1982, and the Administrative Enforcement Act 1919-VVG, BGBl. No 53/1991. The Federal Minister of Health is the relevant authority and the parent authority in the instance train. The Agency shall be bound by its instructions. "

Article 5 (3) reads as follows:

' (3) It is prohibited to attribute to the placing on the market or in advertising a food product of the prevention, treatment or cure of a human disease or to give rise to the impression of these properties. This does not apply to dietetic foods, in so far as they are truthful indications of the dietary purpose and, in the case of information on the reduction of disease risk, provided that an authorisation has been granted in accordance with Regulation (EC) No 1924/2006 of 20 December 2006 on nutrition and health claims made on foods (OJ L 327, 30.12.2006, p. No. L 404 of 30 December 2006, corrected by OJ L 327, 28.12.2006, p. No. OJ L 12 of 18. Jänner 2007). "

(13) The following paragraph 6 is added to § 5:

" (6) Food or its components, as well as ingredients of articles of use and cosmetic products, which may be placed on the market only after authorisation has been granted, may be used for research and development purposes if:

1.		the head of the study or a person appointed by him, through each experiment or study, records written records in which the identity and origin of the non-authorised food, of a constituent thereof or of the non-authorised foodstuff, is not the approved components of an item of use or cosmetic products, the quantities delivered and the names and addresses of the persons who have received the goods, and shall also compile documents in which all information available on possible effects on human health , and
2.		the consent of the Ethics Committee according to § 41 of the German Medicines Act, BGBl. No 185/1983.
The documents referred to in Z 1 and 2 shall be submitted on request to the supervisory bodies in accordance with Section 24 (3). "

14. § 8 (1) reads:

" (1) It is prohibited to make dietary foods which are not one of the products listed in Annex I to Directive 2009 /39/EC of 6 May 2009 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (OJ L 327, 30.4.2009, p. No. L 124 of 20 May 2009), as well as infant formulae, are to be placed on the market at the Federal Ministry of Health prior to their notification. "

15. § 10 (1) reads:

"(1) Food business operators shall apply for an authorisation in accordance with Article 4 of Regulation (EC) No 853/2004 for their establishments at the regional head of the food industry."

16. § 10 (4) reads:

" (4) The Federal Minister of Health shall, for the purpose of efficient implementation of the control, establish an electronic register of establishments registered in accordance with Article 6 of Regulation (EC) No 852/2004 and approved in accordance with paragraph 1 and 2 of this Regulation; and . The Federal Minister for Health can ask the Bundesanstalt "Statistik Österreich" to set up and run this electronic register for him. The Bundesanstalt "Statistik Österreich" (Statistics Austria) can do this in accordance with § 25 of the Federal Statistics Act 2000, BGBl. I n ° 163/1999, and the ENACE code. For the purpose of the electronic register, the Governor of the State shall electronically register the registered and approved establishments to the Federal Minister for Health or to the body responsible for the establishment and management of the electronic register. report. The data of the registered and approved establishments of this register shall be made available electronically to the Federal Minister for Health and the Landeshauptmann for the purpose of carrying out their duties in accordance with this Federal Law. "

17. In § 10 (5) and (6), § 33 (1), § 35 (9), § 44 (2), § 51 (2), § 51 (1), § 70 (1), § 75 (1), § 77 (2) (a), § 78, § 80 (2) (lit). a and section 99, paragraph 7, the phrase "Federal Ministry of Health and Women" through the phrase Federal Ministry of Health shall be replaced by the respective grammatical form.

18. In § 10 (7) and (8), § 11, § 12, § 13 (1), § 14, § 15 and § 24 (7), the word order shall be "Standing Hygiene Committee of the Codex Commission" in the respective grammatical form by the word sequence "Code Commission" shall be replaced by the respective grammatical form.

19. In § 11 Z 2 the word order is deleted "as fresh meat" .

20. In accordance with § 20, the following § 20a is inserted:

" inclusion in the register

§ 20a. Establishments in this section shall also be included in the register in accordance with Section 10 (4). Section 10 (3) and (5) shall apply mutatily. "

21. § 24 (5) last sentence reads:

"These may be entrusted in a service relationship with a local authority or in a service relationship with a legal person who is in the property of a country or several countries, or in accordance with § 28."

22. The following paragraph 9 is added to § 24:

"(9) Supervisory bodies in accordance with paragraph 3 shall be entitled to lead the functional title" Food Inspector "or, in the case of the official veterinarian, to the management of the functional title" veterinary food inspector ". The authority to guide the function title "veterinary food inspector" shall also apply to supervisory bodies as referred to in paragraph 4. "

23. § 28 (2) 1. The partial set is:

"The tasks of the institutions and the division of work of the institutions referred to in paragraph 1 shall be determined by the provincial governor with a decision in the extent necessary for the official controls;"

24. § 29 (1) Z 1 reads:

" 1.		the specific role of official veterinarians and official technical assistants or the specific role of official doctors in the field of official control of water intended for human consumption, or "

§ 32 reads:

" Food Safety Report and Emergency Plan

§ 32. (1) The Federal Minister of Health shall submit an annual report on the safety of foodstuffs for information to consumers, in which the results of the implementation of the rehearsals and revision plan shall be incorporated in accordance with section 31 (1). The report shall be published by 30 June of the following year.

(2) The Federal Minister of Health shall draw up an emergency plan within the meaning of Article 13 of Regulation (EC) No 882/2004, which shall include measures to be carried out without delay if a product presents a serious risk to the health of the consumers. In any event, the contingency plan shall include the authorities concerned, their powers and responsibilities, the information channels of the authorities themselves and, where appropriate, the information channels between authorities and entrepreneurs. "

26. In accordance with § 35 (1), first sentence, the following sentence shall be inserted:

"The quality management system is to be reviewed uniformly throughout the federal territory."

27. § 35 (9) reads:

" (9) Experts from the European Commission and the Federal Ministry of Health, national experts from other Member States who work together with experts from the European Commission, as well as persons in training according to § § § 3. 29 may accompany the supervisory bodies in the conduct of activities under this Federal Act. Supervisory bodies of a federal state which act in the context of the review of the quality management system established in accordance with Section 35 (1) may, for this purpose, supervisory bodies in other federal states in the performance of their activities also accompanying. Experts from the European Commission are also granted the rights referred to in paragraph 2 (2) and (3). The authorities of a competent authority of another Member State may accompany the supervisory authorities on the basis of Article 36 of Regulation (EC) No 882/2004. These persons are subject to the official secrecy. Paragraphs 4 and 5 shall apply mutatily. "

The first sentence of Article 36 (5) reads as follows:

" By way of derogation from paragraph 2, for the sole purpose of testing for contaminants in accordance with Regulation (EEC) No 315/93, or for the presence of traces of genetically modified food in accordance with Regulation (EC) No 1829/2003, the following shall be taken: take a sample officially. "

Section 38 (1) Z 2 reads as follows:

" 2.		to provide the best possible support to the supervisory bodies in the performance of the tasks within the framework of this Headpiece and to provide them with persons familiar with the undertaking, "

30. § 38 (1) Z 4 reads as follows:

" 4.		to provide, at the request of the supervisory authorities, the necessary information, in particular on the production, processing, origin and purchasers of goods, as well as on all undertakings in the undertaking, including means of transport, and the VAT identification number (UID number), provided that such a number has been allocated; if this is not possible, the information shall be provided within a time limit to be set by the Board of Supervisors, "

31. In § 38 (1) Z 6, the word order shall be "and to transmit the isolates to the reference laboratory in accordance with § 75." through the phrase "and without delay, but at the latest within two days, to transmit the isolates to the reference laboratory in accordance with § 75, or to arrange for their immediate transmission by the laboratory to be examined." replaced .

32. In § 38, the following paragraph 4 is added:

" (4) The Federal Minister of Health may lay down detailed rules on the measures to be taken by undertakings in accordance with paragraph 1 Z 5 lit by Regulation. a. "

33. § 39 (4) reads:

" (4) In the event of a food-borne outbreaks, the Governor of the State shall, on notification of a substantiated suspicion of the possible polluter,

1.		by the official physician in accordance with the Epidemiegesetz 1950, BGBl. No 186, or
2.		on the basis of a report in accordance with Section 7 (2) of the Zoonoses Act, BGBl. I No 128/2005,
to arrange, where appropriate, the necessary measures pursuant to paragraph 1. "

33a. In Section 42 (1), the word order shall be " , and immediately forward all information to the Agency " inserted .

33b. The following paragraphs 4 and 5 are added to § 42:

" (4) The coordination of the reported information by the countries referred to in paragraph 1 shall be carried out by the Agency. The Agency shall be bound by the instructions of the Federal Minister of Health.

(5) The Federal Minister for Health may lay down detailed rules on the information and communication channels for the implementation of paragraph 4 of this Regulation. "

34. § 43 (1) reads:

" (1) It is based on the findings and opinion of the Agency or of a Member State of investigation or a risk assessment by the Agency, which shall be based on a notification of the rapid alert system referred to in Article 50 of Regulation (EC) No 178/2002, or is based on the RAPEX rapid alert system, in accordance with Article 12 of Directive 2001 /95/EC, which suspects that goods are harmful to health in accordance with Article 5 (5) (1) (1) and that, as a result, a larger population is at risk (community risk), the Federal Minister of Health to arrange for information to the public. Any measures taken by the trader shall be taken into account. "

35. The previous § 43 (3) becomes § 43 (4). Section 43 (3) is new:

" (3) Consists of a report pursuant to Section 7 (2) of the Zoonoses Act, BGBl. I n ° 128/2005 (food-borne outbreak) of the reasonable suspicion that one or more concrete food may endanger other people, the Federal Minister of Health has to arrange for information to the public. Any measures taken by the trader shall be taken into account. The information has to be included:

1.		the name of the food;
2.		the producer, manufacturer, importer or distributor;
3.		the risk associated with the food,
4.		the warning against the consumption of the food,
5.		an indication that the warning does not indicate that the risk has been caused by the producer, manufacturer, importer or distributor; and
6.		the measures taken or intended to be taken. "

36. § 44 (4) reads:

"(4) The Federal Minister of Health may, by means of a regulation, adopt detailed rules for the design of the reports referred to in paragraph 2, as well as for the content and format of the required documents in accordance with paragraph 3."

37. In accordance with § 45, the following § 45a and title shall be inserted:

" emergency measures

§ 45a. The Federal Minister of Health may, under the conditions laid down in Article 54 of Regulation (EC) No 178/2002, adopt emergency measures in respect of food when a food is likely to pose a serious risk to the health of Human beings. "

38. § 47 reads:

" Notification of consignments of goods

§ 47. (1) If goods are to be subject to increased checks on imports from third countries pursuant to Article 49 (4) under the terms of the European Commission's legal acts, the operators shall have the customs authorities and the Federal Ministry of Health in advance be informed in good time of the nature and time of arrival of the programme.

(2) The Federal Minister of Health may, in agreement with the Federal Minister of Finance, determine the details of the advance information on consignments of consignments subject to inspection by Regulation.

(3) The control shall be carried out by bodies appointed by the Federal Minister of Health, which are particularly well trained for border control. The Federal Minister of Health is responsible for the professional supervision. In the case of official duties, these institutions shall bear a mark of service. "

39. § 48 reads:

" Measures on importation

§ 48. (1) Goods are to be placed under official supervision (official notice pursuant to Art. 2 Z 13 of Regulation (EC) No 882/2004) of the institutions pursuant to Section 47 (3) of this Regulation.

1.		Suspicion or perception of a breach of food law, or
2.		doubts as to the nobility of the consignment or its actual destination, or
3.		Doubts as to the guarantees given by the certificates in connection with the consignment.

(2) The institutions, in accordance with Article 47 (3), shall initiate the necessary control steps pursuant to Articles 15 and 16 of Regulation (EC) No 882/2004, including, where appropriate, taking measures pursuant to Article 18 et seq of Regulation (EC) No 882/2004, and shall implement the the necessary sampling within the meaning of § 36.

(3) Where goods from third countries in the Community market may be placed on the market only under the conditions of increased checks on the basis of European Community legislation, the cost of sampling, inspection and evaluation shall be to be paid by the right of disposal. The costs of the investigation shall be calculated in accordance with a tariff in accordance with § 66 and may be included in the administrative procedure. "

40. § 49 (5) reads:

" (5) The food of animal origin from Member States of the EU and from States to be treated as such for the purpose of such agreements shall be regular by the supervisory bodies in the establishments of destination "

41. § 61 (1) (2) deleted. Z 3 becomes Z 2.

42. In accordance with § 61, the following § 61a with title is inserted:

" Import Controls

§ 61a. (1) The Federal Minister of Health, in agreement with the Federal Minister of Finance, shall determine the amount of administrative charges which entrepreneurs have to do with the official control of the import duties pursuant to Section 48 of the German Federal Ministry of Finance. to be paid.

(2) The administrative charges shall be charged to the consignment and shall be raised by the institutions pursuant to Section 47 (3). They shall be used for the purpose of financing the activities of these institutions. '

43. § 61 (4) and (5).

44. In accordance with § 62, the following § 62a shall be inserted with the title:

" Maximum Residue Levels

§ 62a. For the activities of the Agency in the enforcement of the sovereign duties referred to in § 4 (6), a fee shall be payable in accordance with a tariff (§ 57 AVG), which the Agency with the consent of the Federal Minister for Health and the Federal Minister of State shall pay. for finance to cover costs. The consent shall be deemed to have been granted, provided that no written objection has been made by at least one of the Federal Ministers mentioned above within a period of one month from the date of receipt in the respective place of work. This tariff may provide for rules on the charging of the fee, in particular as to the timing of the payment. The tariff is to be found in the "Official News of the Federal Office for Food Security" in accordance with § 6 (7) GESG. "

45. In § 70 (5) and (6), the phrase "scientific university" by the word "University" in the respective grammatical form.

46. § 71 (2) reads:

" (2) In the investigative procedure according to the StPO, the Public Prosecutor's Office shall arrange for the provisional payment of the costs of an investigation carried out on its request under the fee tariff (§ 66) from the payer's fees after consulting the Revisors, if: it does not collect objections within 14 days. After collection of objections and in the main court proceedings, the costs of an investigation carried out at the request of the public prosecutor's office or the court are to be determined by the court in accordance with the fee tariff (§ 66) and provisionally from the To carry official funds. In the case of conviction, the party responsible for the replacement of expenses shall be entitled to pay the costs in accordance with § § 389 to 391 of the StPO. "

47. According to Article 71 (2), the following paragraph 2a is inserted:

" (2a) If the investigation has not been carried out either at the request of the public prosecutor's office or the court, and the criminal proceedings against the defendant are dealt with by the guilty verdict, the provisions of § 389 shall apply with regard to the costs of the investigation. StPO. In so far as the costs of investigation are brought by the convicted person, the court shall have to dispose of them to the job under investigation. "

48. § 73 reads:

" § 73. (1) Those who, apart from the cases regulated in § § 65 and 72, carry out investigations in accordance with the provisions of this Federal Law, and report on how traffic capacity assessments are reimbursed in the sense of this Federal Act, require the Federal Minister for Health.

(2) The authorization shall be granted if the applicant proves that he meets the conditions of a regulation issued in accordance with Section 70 (4). Prescriptions on the exercise of the investigative activity can be included in the notification of consent.

(3) Any significant change in the circumstances relevant to the authorization shall be notified to the Federal Ministry of Health.

(4) The holder of the authorization must, in a laboratory accredited to the extent of the granted authorisation in accordance with § 9 AkkG, or in a laboratory in another Member State or State Party of the EU or the EEA State, with one of these equal accreditation or be contractually bound and work in accordance with the management system of the laboratory.

(5) The Federal Minister of Health may at any time check the investigative activities, in particular check their actual exercise and visit the facilities serving the investigative activity.

(6) Persons authorized pursuant to Section 73 (2) shall be obliged to continue to train regularly in their areas of responsibility and to familiarize themselves with the latest state of the relevant regulations.

(7) The authorization shall be withdrawn or restricted if the conditions for its grant are no longer or only to a limited extent given.

(8) Persons authorized pursuant to Section 73 (2) shall be published in a list to be issued by the Federal Ministry of Health with their name and the scope of the authorisation. "

49. § 74 reads:

" Duties of laboratories

§ 74. laboratories, examine the presence of zoonoses and zoonotic agents within the framework of Section 38 (1) (6) of the Directive, isolates shall, without delay, but within two days, anonymize the reference laboratory in accordance with § 75, and to the product group "

Section 77 (1) reads as follows:

" (1) To advise the Federal Minister of Health in matters of all food law regulations, including hygiene guidelines, as well as to prepare the Austrian Food Book (Codex Alimentarius Austriacus) to set up a Commission (Codex Commission). "

51. § § 78 and 79 are deleted.

52. In § 90 (1) (2), the word order shall be deleted "or if they are not allowed to be placed on the market with such a knowledge" .

Section 90 (4) Z 7 reads as follows:

" 7.		shall carry out investigations in accordance with § 73 in accordance with the provisions of Section 73, and shall be refunded pursuant to this Federal Law, shall be contrary to the provisions of section 73 (3), (4) or (6), or refuse to carry out the provision of section 73 (5), "

54. In § 90 (4) the following Z 8 is inserted:

" 8.		the obligation of Section 74 to be contrary, "

55. § 91 reads:

" § 91. (1) The district administrative authorities shall inform the provincial governor of the outcome of the criminal proceedings pending under these provisions.

(2) The independent administrative senates in the countries shall inform the Federal Minister of Health of the outcome of their pending criminal proceedings on the basis of these provisions. "

56. The following paragraph 17 is added to § 95:

" (17) § § 78 and 79 shall be repeal with effect from 1 April 2011. At the same time, Section 10 (7) and (8), § 11 as regards the word order " the Code Commission ", § 12, § 13 para. 1, § 14, § 15 and § 24 paragraph 7 in the version of the Federal Law BGBl. I No 95/2010 in force. '

56a. The following paragraph 18 is added to § 95:

" (18) § 38 (1) (6) and (74) in the version of the Federal Law BGBl. I n ° 95/2010 and § 90 (4) (8) are 1. Jänner 2011 in force. "

(56b) The following paragraph 4 is added to § 100:

" (4) Persons already prior to the entry into force of the provision of § 73 in the version of the Federal Law BGBl. I n ° 95/2010 have been authorised to carry out their activities in the scope of the granted authorisation also in other laboratories accredited to the extent of the granted authorisation in accordance with § 9 AkkG, or in laboratories in other Member States or States Parties to the EU; or Member States shall, where they are employed or contractually bound and work in accordance with the management system of the laboratory, carry out any such accreditation in the same way as they do. "

57. In § 107 Z 2, the word "Equality" by the word "Approximation" replaced.

58. In § 107, the Z 3 is omitted; the previous Z 4, 5, 6, 7, 8, 9, 10 and 11 become Z 3, 4, 5, 6, 7, 8, 9 and 10.

59. In § 107, after Z 10, the point is replaced by a dash and the following Z 11 is added:

" 11.		Directive 2009 /39/EC of 6 May 2009 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (OJ L 183, 29.6.2009, p. No. L 124 of 20 May 2009).

Fischer

Faymann