111. Federal Law on the Transport of Wine and Fruit Wine (Wine Act 2009)

The National Council has decided:

table of contents

§ 1.	Scope
	Part 1 Wine
	Section 1 Production and transport capacity
§ 2.	Definitions and placing on the market
§ 3.	Oenological practices and processes
§ 4.	Alcohol increase (enrichment)
§ 5.	Sweetening
§ 6.	Treatment of flawed wines
§ 7.	Grape must, Storm
§ 8.	Wine without a protected designation of origin or a geographical indication of vine variety or vintage name
§ 9.	Country wine
§ 10.	Quality wine
§ 11.	Predicate Wine
§ 12.	Reading rules
§ 13.	Sparkling wine
§ 14.	Dealcoholized wine and low-alcoholic wine
§ 15.	Experimental wine
§ 16.	Harmful and falsified products
§ 17.	Wine-like drink, wine-made wine
§ 18.	Unmarketable and restricted transport products
§ 19.	General labelling provisions
§ 20.	Special labelling provisions
§ 21.	Geographical indications of domestic wines
§ 22.	Authorisation for the regulation of designations and arrangements
	Section 2 Other provisions
§ 23.	Quantity restriction
§ 24.	Vineyard Directory
§ 25.	State Audit Number
§ 26.	Operating Cadastre
§ 27.	Form sheets
§ 28.	Accompanying documents
§ 29.	Harvest and production reporting and inventory reporting
§ 30.	Banderole
§ 31.	Input and output books
§ 32.	Storage of wine-related substances
§ 33.	Wine-based drinks
§ 34.	Regulation authorizing the establishment of producer and industry organisations and implementation of directives
	Part 2 Fruit wine
§ 35.	Definitions and placing on the market
§ 36.	Treatment of fruit wine
§ 37.	Name of fruit wine
§ 38.	Regulation
§ 39.	Quality sobstwine
§ 40.	Fruit must of traditional peasant production
§ 41.	Harmful and falsified fruit wine
§ 42.	Spoiled and restricted transport of fruit wine
§ 43.	Road-incapable fruit wine
§ 44.	Input and output books
§ 45.	Applicability of provisions of the 1. Part
	Part 3 Control
§ 46.	Bundeskellereiinspektion
§ 47.	Post-show
§ 48.	Sampling
§ 49.	Sampling of samples for the transport of predicts abroad
§ 50.	Seizure and seizure
§ 51.	Right of disposal of the items seized or seized
§ 52.	Examination of samples
§ 53.	Compensation for samples taken
§ 54.	Sub-search facilities
§ 55.	Mostwäger
§ 56.	Applicability to fruit wine products
	Part 4 Criminal provisions
	Section 1 Judicial Criminal Provisions
§ 57.	Criminal offences
§ 58.	Recovery
§ 59.	Recovery
§ 60.	Cost
	Section 2 Administrative straftstocks
§ 61.	Administrative transgressions
§ 62.	Verfall
§ 63.	Recovery
§ 64.	Cost
	Part 5 Promotions
§ 65.	Promotion of the wine industry from federal funds
§ 66.	Handling of the promotion
§ 67.	Grant of support
§ 68.	Promotion Policies
	Part 6 Transitional and final provisions
§ 69.	Data traffic and fee waiving
§ 70.	Relationship with other legislation
§ 71.	References to legislation
§ 72.	Transitional provision
§ 73.	Enforcement
§ 74.	Override

Scope

§ 1. This Federal Act regulates the placing on the market of

1.		Wine and other products subject to the scope of Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Regulation on the uniform COM), OJ C 327, No. 1., with the exception of grape juice and wine vinegar,
2.		products covered by Regulation (EEC) No 1601/1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails, 1. No. OJ L 149, 14.6.1991, p.1,
3.		fruit wine products,
4.		wine-containing beverages, dealcoholized wine and alcohol-containing wine, and
5.		Wine treatment products.

Part 1

Wine

Section 1

Production and transport capacity

Definitions and placing on the market

§ 2. (1) The following definitions shall apply to this Federal Act:

1.		"products" means all products falling within the scope of Article 1, excluding fruit wine products;
2.		"Austrian wine" means wine produced in Austria from Austrian wine grapes;
3.		"placing on the market" means placing on the market in accordance with Article 3 (8) of Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and the European Food Safety Authority (EFSA), Establishment of procedures for food safety, OJ C 327, No. 1; on the placing on the market of products in accordance with § 1 is also the winning, manufacturing, handling, storage, filling, packaging, designating, announcing, haggling, selling, carrying, advertising, import and execution as well as any Leave to be understood by others, provided that it is for the purpose of acquisition or for the purposes of Community supply;
4.		"wine-containing beverages" means beverages containing a proportion of wine, wine, wine, wine, wine, wine, wine, liqueur, sparkling wine, sparkling wine of added carbonic acid, semi-sparkling wine or aerated semi-sparkling wine, of at least 50%;
5.		"dealcoholized wine" means a drink of wine, a wine or a quality wine, the alcoholic strength of which has been reduced to 0.5% by volume or less by means of a suitable and gentle dehumanisation;
6.		"low-alcohol wine" means a drink produced either in the form of dealcoholized wine or by means of wine, wine, wine or wine of quality wine, the alcoholic strength of which is more than 0,5% vol., but not more than 5.0% vol. ,
7.		"Grad Klosterneuburger Mostwaage": 1 degree Klosterneuburger Mostwaage (1 ° KMW) is 1:17 of the mass content of an aqueous sucrose solution of 20%.

(2) The placing on the market of products referred to in § 1 shall be permitted only if they comply with the provisions of the European Community and this Federal Law. However, when these products are assessed, it should also be taken into account whether the nature of their nature, which is not appropriate to the provisions of the wine legislation, is merely of the special nature of the stage of the placing on the market from which it originates.

Oenological practices and processes

§ 3. (1) Only oenological practices and processes which are provided for in the rules of the European Community or in this Federal Law shall be permitted.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down and prescribe rules on oenological practices and processes, as well as purity requirements for the added substances, by means of a regulation, that in the products referred to in § 1, certain substances may not be present or may only be contained in certain quantities.

(3) If it is not permitted under the provisions of this Federal Act or regulations of the European Community, the addition of substances shall be prohibited.

(4) Anyone who intends to place wine treatment products on the market in the first marketing stage has the Federal Office for Viticulture in Eisenstadt or the Higher Federal Institute of Wine and Fruit-Building in Klosterneuburg ("Bundesämter") to present a sample of the wine treatment agent in the original packaging together with the product description. The notified wine treatment agent shall be responsible for carrying out and making publicly available at both Federal Offices a common register. The inclusion of a wine treatment agent in this list shall not be allowed where there are reasonable grounds for suspecting that this wine treatment product does not comply with the rules of the European Community or this Federal Law. Wine treatment products may be placed on the market only if they are included in this list. The placing on the market of an already recorded wine-treatment product shall, on the existence of a well-founded suspicion that this wine-treatment product does not comply with the provisions of the European Community or this Federal Law, shall be: .

(5) A technically unavoidable transfer of substances into the product is not a condition, provided that the product remains harmless to health, as well as flavorful and odorless.

(6) Anyone who places products on the market shall have the right to ensure that this is done at all stages of placing on the market under hygienic conditions.

(7) In the event of a repeated infringement of the provisions of paragraph 6, the Bundeskellereiinspektion shall inform the relevant advisory body of the interest groups or the countries for the purpose of providing advice.

Alcohol increase (enrichment)

§ 4. (1) The increase in the natural alcoholic strength of alcohol shall be permitted in accordance with Annex XVa of Regulation (EC) No 1234/2007. After the application of such a procedure, a content of 15 g of unfermented sugar per litre may not be exceeded in the case of quality wine and country wine.

(2) The increase in the natural alcoholic strength by volume of products suitable for the production of red wines shall, in accordance with Annex XVa B 7 a of Regulation (EC) No 1234/2007, be up to a total alcoholic strength by volume of 12.5% vol. allowed. The increase in the natural alcoholic strength by volume of products suitable for the production of wine or quality wine shall, in accordance with Annex XVa B 7 (b) of Regulation (EC) No 1234/2007, be added to a total alcoholic strength by volume of 13,5% vol. white wine or quality wine as well as up to 14.5% vol. in the case of red wine or quality wine.

(3) In the case of Cabinet wine and predicate wine, an increase in the natural alcoholic strength of alcohol is not permitted.

Sweetening

§ 5. (1) Quality wine and wine may be produced in accordance with Annex I D to Regulation (EC) No 606/2009 laying down detailed rules for the application of Regulation (EC) No 479/2008 as regards the categories of wine products, the oenological practices and the wine restrictions, OJ L 327, No. OJ L 193, 24.7.2009 p. 1, up to a level of 15 g of unfermented sugar per litre.

(2) In the case of Cabinet wines and predicate wines, a sweetening according to paragraph 1 is not permitted.

Treatment of flawed wines

§ 6. (1) Products which, as a result of illness, defects, defects or other circumstances, such as the smell or taste, have a condition which substantially reduces or excludes their use as a product, unless they are not can be recovered, spoiled products.

(2) Verdorbene products must not be cut and used only in such a way that their use as food is excluded, including through processing. However, the processing of spoiled wine into vinegar or-with the exception of wine which is highly vinegar-to distillate is permissible if this distillate does not pose a risk to human health. The spoiled product must be supplied directly to the processing plant.

(3) Verdorbene products shall be marked as tainted during storage and transport.

(4) Products which have not been falsified but as a result of:

1.		the effect of small-scale products (diseased products),
2.		chemical or physical processes or uptake of foreign substances (defective products); or
3.		a deficiency or an overmeasure of a substance essential to the taste of the products (defective products)
have been adversely affected in such a way that they differ from the normal nature of products, may be used for the purposes of their re-establishment with other products (recoverable products). However, the cut may be placed on the market only if it does not have the adverse properties at all, or only in a non-objectionable extent.

(5) In the case of products, cutting is prohibited, even if only a portion of a certain percentage is adulterated, made up, harmful to health or spoiled.

Grape must, Storm

§ 7. (1) grape must as referred to in Annex XIb Z 10 of Regulation (EC) No 1234/2007, which originates exclusively from grapes harvested and processed in Austria, may be considered as Austrian grape must between 1 August and 31 December of the harvest year are placed on the market for direct human consumption.

(2) Subwise fermented grape must in accordance with Annex XIb Z 11 of Regulation (EC) No 1234/2007 may be placed on the market as a storm for direct human consumption, if it is derived exclusively from grapes harvested in Austria; processed. A placing on the market may take place between 1 August and 31 December of each harvest year as long as the product is in the state of fermentation. However, the fermentation may be inhibited or interrupted in the course of the treatment and may be reintroduced to the consumer prior to delivery.

(3) The term "storm" is a traditional term within the meaning of Art. 118u para. 1 lit. (b) Regulation (EC) No 1234/2007, in conjunction with Annex XII, Part B, of Regulation (EC) No 607/2009 laying down detailed rules for the application of Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, which traditional terms and the labelling and presentation of certain wine products, OJ C 327, 30.4.2002, p No. OJ L 193, 6.6.2009 p. 1. It replaces the Community trade name "partially fermented grape must PGI". with a geographical indication within the meaning of Art. 118b (1) (1). (b) Regulation (EC) No 1234/2007. The origin of the grapes for "Sturm" are the wine-growing regions of Weinland, Steirerland or Bergland.

Wine without a protected designation of origin or a geographical indication of vine variety or vintage name

§ 8. (1) Wine without a protected designation of origin or a geographical indication with the indication of vine variety (s) or vintage pursuant to Art. 118z (2) of Regulation (EC) No 1234/2007 shall be free from defects in appearance, smell and taste and shall be free from defects as defined in Article 1 (2) of Regulation (EC) No 1234/2007 Art. 63 (3) lit. (a) Regulation (EC) No 607/2009 as regards vine variety (s) and vintage, to show the typical characteristics of these designations. For this purpose, the maximum per hectare referred to in § 23 of the wine referred to in Annex XIb Z 1 of Regulation (EC) No 1234/2007 may not be exceeded. The total acidity calculated as tartaric acid shall be at least 4 g per litre.

(2) For such wines, according to Art. 118z (2) (lit). (i) Regulation (EC) No 1234/2007 excludes vine varieties with a protected designation of origin or geographical indication. All other quality wine varieties shall be permitted in accordance with § 10 (6). The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, by means of a Regulation, lay down other varieties which are also intended for the production of wine without a protected designation of origin or a geographical indication of vine varieties, or Year-on-year term is permitted.

(3) The Federal Minister for Agriculture, Forestry, Environment and Water Management has according to Art. 118z (2) (2) lit. (a) Regulation (EC) No 1234/2007, by means of Regulation (EC) No 1234/2007, without a protected designation of origin or a geographical indication, with the indication of vine variety (s) or vintage, to ensure that certification, approval and Control procedures to ensure the accuracy of the information on the labels of these wines. These provisions have, inter alia, with a view to traceability, in particular Title V of Regulation (EC) No 555/2008 laying down detailed rules for the application of Regulation (EC) No 479/2008 on the common organisation of the market in wine, as regards the Support programmes, trade with third countries, production potential and control in the wine sector, OJ C 139, 30.4.2004, p. No. 1, and to Regulation (EC) No 606/2009.

(4) The competent authorities responsible for the certification, approval and control of these wines in accordance with Article 63 of Regulation (EC) No 607/2009 are the Bundeskellereiinspektion (Bundeskellereiinspektion) and the Federal Office for Viticulture in Eisenstadt and the Higher Federal Institute of Education and Research (Bundeslehranstalt) and Bundesamt für Wein-und Obstbau in Klosterneuburg. The competent authorities shall have the criteria laid down in Article 4 of Regulation (EC) No 882/2004 on official controls to verify compliance with the food and feed law in respect of the certification, approval and control of such wines and the animal health and welfare provisions, OJ C 327, 28.4.2002 No. OJ L 191, 28.5.2004, p. 1.

Country wine

§ 9. (1) Wine may be placed on the market under the name "Landwein", if:

1.		he was exclusively prepared from grapes harvested in a single wine-growing region,
2.		it has been prepared exclusively from quality wine grape varieties in accordance with Article 10 (6),
3.		the juice of the grapes has had a mostweight of at least 14 ° KMW,
4.		it has the typical characteristic of the name,
5.		the total acid content calculated as tartaric acid is at least 4 grams per litre,
6.		the maximum per hectare has not been exceeded in accordance with Section 23; and
7.		it is free of flaws in appearance, smell and taste.

(2) The term "Landwein" is a traditional term in the sense of Art. 118u para. 1 lit. (a) Regulation (EC) No 1234/2007, in conjunction with Annex XII, Part A, of Regulation (EC) No 607/2009. It replaces the Community title of "PGI wine". for wine with a geographical indication within the meaning of Article 118b (1) (lit). (b) Regulation (EC) No 1234/2007. The origin of the grapes for "Landwein" are the wine-growing regions of Weinland, Steirerland or Bergland. By way of derogation from Article 118b (1) (lit). (ii) of Regulation (EC) No 1234/2007, 100% of the grapes used for its production must be exclusively from one of those wine-growing regions.

(3) The indication of the name of a smaller geographical unit than the wine-growing region and the name of the wine (in particular wine with a protected geographical indication or PGI) other than the wine region shall be inadmissible.

(4) The municipality or district, in which the bottler or the consignor or a natural or legal person or association of persons involved in the marketing of the wine, has its principal residence or registered office, shall be provided in the to indicate the labelling in characters which may not exceed half the size of the wine region used for the indication of the wine-growing region.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to adopt, by means of a regulation, the rules laid down in Article 118p of Regulation (EC) No 1234/2007, in order to monitor compliance with the specifications for agricultural wine. These rules shall, in particular, comply with the provisions of Title V of Regulation (EC) No 555/2008 and Regulation (EC) No 606/2009, in particular with regard to traceability.

(6) The competent authorities for the control of land wine in accordance with Article 118o of Regulation (EC) No 1234/2007 are the Bundeskellereiinspektion (Bundeskellereiinspektion) and the Federal Office for Viticulture in Eisenstadt and the Higher Federal Institute of Wine and Wine (Bundeslehranstalt) and the Bundesamt für Wein-und Bundesamt für Wein-und Bundesamt für Wein Fruit growing in Klosterneuburg. The competent authorities shall comply with the criteria laid down in Article 4 of Regulation (EC) No 882/2004 for the control of agricultural wines.

Quality wine

§ 10. (1) Wine may be placed on the market under the name 'quality wine' if:

1.		he has been prepared exclusively from grapes harvested in a single wine-growing region, which has been produced in the wine-growing region of the wine-growing region concerned or in adjoining wine-growing regions,
2.		it has been prepared exclusively from quality wine varieties in accordance with paragraph 6;
3.		the juice of the grapes has had a mostweight of at least 15 ° KMW,
4.		it has the appropriate and typical characteristic of the name and has reached the minimum requirements during the sensory examination on the occasion of the award of the state test number,
5.		the actual alcoholic strength by volume is not less than 9.0% vol., and in the case of a wine of at least 5.0% vol.,
6.		the total acid content calculated as tartaric acid is at least 4 grams per litre,
7.		the maximum per hectare has not been exceeded in accordance with Section 23; and
8.		it is free of flaws in appearance, smell and taste.

(2) The term "quality wine" is a traditional term within the meaning of Art. 118u para. 1 lit. (a) Regulation (EC) No 1234/2007, in conjunction with Annex XII, Part A, of Regulation (EC) No 607/2009. It replaces the Community transport designation "Wein g.U." for wine with a designation of origin within the meaning of Article 118b (1) (lit). (b) Regulation (EC) No 1234/2007. The regions of origin of the grapes for quality wine are the wine-growing areas according to § 21 (3). The indication of the name "wine with a protected designation of origin" or "PGI wine" shall be indicated. on the label is inadmissible. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has provided for the national preliminary procedure concerning applications to be submitted by Regulation (EC) No 1234/2007 by Regulation (EC) No 1234/2007 by Regulation (EC) No 1234/2007. Protection of a designation of origin or geographical indication for quality wines or land wines.

(3) Quality wine may only be delivered to the consumer within and outside the territory of the Federal Republic if it is state-tested. The state test number shall be indicated on the label.

(4) The applicant for the issuing of a public test number must have a permanent place of residence or residence in a Member State of the European Community. If the permanent seat or residence of the applicant is not in Austria, the notification of the grant of the state test number shall not be sent until after the examination fee has been received.

(5) Quality wine may be placed on the market under the name 'Cabinet' or 'Cabinet twins' if:

1.		the juice of the grapes has had a mostweight of at least 17 KMW,
2.		no enrichment took place,
3.		the content of unfermented sugar is not more than 9 grams per litre,
4.		the total alcoholic strength by volume shall not exceed 13% vol.; and
5.		no sweetening took place.

(6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down, by means of a regulation, those grape varieties which are suitable for the production of high-quality wine grapes due to climate and soil conditions. (quality wine grape varieties).

(7) Wine may be placed on the market under the name "Districtus Austriae Controllatus" or "DAC" if, in addition, it complies with the conditions laid down in accordance with § 34 (1) for quality wines of the region of origin with origin. The term "Districtus Austriae Controllatus" or "DAC" shall be indicated in conjunction with the respective territory defined by the Regulation in accordance with Article 34 (1). If the name corresponds to a geographical indication in accordance with § 21, it may only be used in conjunction with the indication "Districtus Austriae Controllatus" or "DAC" and under the appropriate conditions. The term "Districtus Austriae Controllatus" or "DAC" is a traditional term within the meaning of Art. 118u para. 1 lit. (a) Regulation (EC) No 1234/2007, in conjunction with Annex XII, Part A, of Regulation (EC) No 607/2009.

(8) The name given by the name of a smaller geographical unit than the wine-growing area shall be permitted even if:

1.		the wine has been sweetened with a product obtained in the same wine-growing region; or
2.		the wine obtained from a mixture of grapes, grape musts or young wines originating from a geographical unit whose name is intended for the name has been obtained with a product which, although in the same wine-growing area but outside the territory of the , provided that at least 85% of the quality wine has been obtained from grapes harvested in the geographical unit the name of which it bears.

(9) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to adopt, by means of a regulation, the rules laid down in Article 118p of Regulation (EC) No 1234/2007, in order to monitor compliance with the specifications for quality wine. These rules shall, in particular, comply with the provisions of Title V of Regulation (EC) No 555/2008 and Regulation (EC) No 606/2009, in particular with regard to traceability.

(10) The competent authorities for the control of quality wine in accordance with Article 118o of Regulation (EC) No 1234/2007 are the Bundeskellereiinspektion (Bundeskellereiinspektion) and the Federal Office for Viticulture in Eisenstadt and the Higher Federal Institute of Wine and Wine (Bundeslehranstalt) and the Federal Office of Wine- and fruit growing in Klosterneuburg. The competent authorities shall comply with the criteria set out in Article 4 of Regulation (EC) No 882/2004 in the control of quality wines.

Predicate Wine

§ 11. (1) Predicate wines or quality wines of particular maturity and reading are the following quality wines:

1.		'late harvest' or 'late-reading wine' means wine from grapes harvested in full-ripe condition and whose juice has had a mostweight of at least 19 ° KMW;
2.		"Auslese" (Auslese) or "Auslese wein" (Auslese wein) is Spätlese, which has been obtained exclusively from carefully read grapes-with the exception of all non-complete, defective and diseased berries-and whose juice is a mostweight of at least 21 ° KMW has referred;
3.		"Beerenauslese" or "Beerenauslese wine" is wine from the juice of ripe or edelfauler berries, the juice of which has had a mostweight of at least 25 ° KMW;
4.		"outbreak" or "breakout wine" is wine which comes exclusively from edelfaulen or over-ripe, naturally dried-in berries. In order to improve the leaching of the natural sugar content, freshly harvested grape must or wine, the late harvest, the selection or the berry selection, and the same location, may be added to the material to be read; the juice obtained from it must be added to the juice. the mostweight of at least 27 ° KMW;
5.		"Trockenbeerenauslese" (Trockenbeerenauslese) is Beerenauslese from mostly edelfaulen, largely shrunk berries, the juice of which has had a mostweight of at least 30 ° KMW;
6.		"Eiswein" means wine which has been produced exclusively from grapes which have been frozen during the harvest and the wine and whose juice has a mostweight of at least 25 ° KMW; such wine may not be used as an additional name in accordance with: Z 1 to 5 or 7; if the juice has had a mostweight of less than 25 ° KMW, this wine may be placed on the market as a quality wine; it must not be blurred with other predicate wines;
7.		"straw wine" or "reed wine" means wine of full ripe and sugar beers, stored on straw or reeds for at least three months prior to the winemaking, or hung on cords and whose juice has a mostweight of at least 25 ° KMW . If the juice has a mostweight of 30 ° KMW or more already after at least two months of storage, the Keltering can be carried out at this point in time. Straw wine or reed wine must not be given any additional name in accordance with Z 1 to 6. If the juice has a mostweight of less than 25 ° KMW, with a storage of more than two, but less than 3 months less than 30 ° KMW, this wine may be placed on the market as a quality wine, but not with others Predicate crates are blended.

(2) Quality wine may be placed on the market as a "wine of special maturity" or "quality wine of particular maturity and reading" or under one of the designations specified in paragraph 1 above, if:

1.		the conditions laid down for the wines referred to in paragraph 1 are fulfilled,
2.		a Mostwäger confirmation has been issued in accordance with section 12 (6),
3.		no sweetening has taken place and, in the case of the presence of a residual sweetness, it has been produced only by means of a diversion of fermentation; and
4.		no enrichment took place.

(3) Spätlesen bottled in bottles may not be used before 1. Jänner, other wines bottled in bottles shall not be delivered to the consumer before 1 May of the year following the harvest.

(4) As far as this is necessary to monitor compliance with the provisions of § § 7 to 11, the organs of the wine regulator are entitled to carry out a retrospective also in vineyards and to take insight into the entry and exit books. The farmer (deputy, commissioner) has to tolerate these measures.

Reading rules

§ 12. (1) The institutions of the supervision of wine shall be obliged to:

1.		on the day of the harvest, to check the reading of the reading sample,
2.		check the quality and quantity of the quality and quantity of the predicate wine-reading material,
3.		keep records of the checks and,
4.		in so far as this is necessary in the course of carrying out their audit work, to keep an overview in the vineyards and in the premises referred to in § 47 (5), first sentence, of the first sentence.

(2) Each producer of grapes from which products are to be obtained shall, on the day of the harvest, enable the control of the reading by organs of the supervision of wine.

(3) Each producer of grapes from which a title wine is to be obtained shall not, on the day of the reading until 9 a.m., if a national law of reading for such grapes is determined, not before that date, with the intention of indicating the variety which: To report the name and size of the municipality in whose area the premises are located. The congregation has to send the reports to the Federal Office of Cellyelling immediately.

(4) In addition to the notification in accordance with paragraph 3, the producer shall have the Bundeskellereiinspektion (Bundeskellereiinspektion) on the day before the harvest until 7 p.m., indicating the time of the start of the harvest, the name and size of the property, in addition to the notification in accordance with paragraph 3. of this agreement.

(5) Each producer of grapes from which a wine is to be obtained and whose permanent establishment is situated in a leading municipality shall, without prejudice to the conditions laid down in paragraph 3, have the harvested grape material in bulk on the day of the harvest; of the period from 9 to 9 p.m., to the institutions of the supervision of wine. If the permanent establishment is located outside a leading municipality, it must allow the control of the reading material in bulk by the institutions of the supervision of wine. The harvest of grapes for late harvest and ice wine allows the use of grape voles, with late-reading robes not having to be carried out in loose bed. The harvest with grape volves is also to be checked in the vineyard in the case of late-lesetrauds. The cost of this control by the institutions of the supervision of wine has to be replaced by the producer.

(6) The institution of the supervision of wine has to issue a confirmation (Mostwäger-confirmation) on the result of the reading control; a copy remains with the Bundeskellereiinspektor. The issuing of a Mostwäger confirmation is inadmissible if the administrative levy required for the control of the reading control in the previous year has not been paid in spite of a two-times reminder.

(7) The farmers, their substitutes or agents shall be obliged to accept the measures provided for in paragraphs 1, Z 1, 2 and 4 of this Article. They shall also be obliged to accept the premises referred to in § 47 (5), first sentence, on the day of the introduction of the reading room until 9 p.m., if, however, it is reasonable to assume that the premises are also being used at other times in these premises, they shall be also at that time. All necessary information shall be provided to the authorities responsible for the supervision of wine.

(8) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, with regard to the scale and spatial extent of wine production, and the necessity, relevance and cost-saving use of the institutions of the Wine supervision-to determine by regulation those municipalities in whose field the reading material of predicates wines is to be presented for the purpose of testing for quality and quantity (leading municipalities). In addition, it has laid down, by means of a regulation, the proximity of the point of view, the beginning and the end of the period of preparation of the first.

(9) For the control of reading (par. 5) is to be paid an administrative levy. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Finance, has to set an administrative levy, which shall be per litre or kilogram of the reading material to be checked, by regulation. , but must not be less than the minimum amount of five euro. Whereas, in the case of fixing, consideration should be given to the effort required for the activities of the institutions of the supervision of wine; The Bundeskellereiinspektion (Bundeskellereiinspektion) has to prescribe the administrative levy to the right to dispose of the wine at the time of the notification of the wine. The administration levy is a federal resource.

Sparkling wine

§ 13. (1) "Austrian sparkling wine" or "Austrian quality sparkling wine" may only be placed on the market under this name if it:

1.		has been prepared exclusively from quality wine grape varieties in accordance with Article 10 (6) and
2.		in appearance, smell and taste is free of errors.

(2) Austrian quality sparkling wine PDO may be produced in the wine-growing region of the wine-growing region concerned and in adjoining wine-growing regions.

(3) The protected designations of origin for Austrian quality sparkling wines PDO, sect PDO or Hauersekt correspond to the wine-growing areas for the Austrian quality wines, with the exception of the wine-growing areas for wine with the name "Districtus Austriae Controllatus".

Dealcoholized wine and low-alcoholic wine

§ 14. (1) Unalcoholic wine is a drink of wine, wine or quality wine, the alcoholic strength of which has been reduced to 0.5% vol. or less by means of a suitable and gentle dehumanisation. Grape must, concentrated grape must or sugar may be added to a quantity of no more than 60.0 g per litre for the production of a content of unfermented sugar. Furthermore, the addition of carbonic acid and aromas is permitted.

(2) Alcohol-poor wine is a beverage which has been produced either in the same way as dealcoholized wine or by means of wine, wine, wine or quality wine, and the alcoholic strength of which is more than 0,5% vol. but not more than 5.0%. by volume. Grape must, concentrated grape must or sugar may be added to a quantity of no more than 60.0 g per litre for the production of a content of unfermented sugar. Furthermore, the addition of carbonic acid and aromas is permitted.

(3) Unalcoholic wine is to be described as 'alcoholic wine', low-alcohol wine, as 'low-alcohol wine'. In the case of flavouring, the name "aromatised" shall be indicated.

(4) Inadmissible

1.		closer geographical indications of origin than the state in which the grapes used for the production have been harvested,
2.		other traffic names other than "dealcoholized wine" or "alcohol-poor wine"; and
3.		Varieties and vintage names.

(5) If the sulphurous acid content is greater than 10 mg/l, the term "contains sulphites" shall be indicated.

Experimental wine

§ 15. (1) Wine, which is intended to test the use of new oenological practices for experimental purposes in the course of a major trial under Article 4 of Regulation (EC) No 606/2009 (test wine), may only be granted subject to the approval of the Bundeskellereiinspektion (Bundeskellereiinspektion) in Transport is brought.

(2) A large trial within the meaning of paragraph 1 shall be submitted if:

1.		the way of treatment has already been tested in laboratory trials,
2.		the provisional results of these tests have resulted in the safety of the treatment from the point of view of human health; and
3.		in order to carry out the wine tests in such quantities, it is necessary to ensure that the loss of assets cannot be attributed to the person entitled to dispose of the experiment by the removal of the possibility of exploitation of the test wine.

(3) The authorization referred to in paragraph 1 shall be granted where:

1.		the Bundeskellereiinspektion (Bundeskellereiinspektion) has granted the pre-approval to carry out the major trial,
2.		the experiments have been carried out under the supervision of the Bundeskellereiinspektion (Bundeskellereiinspektion) and the Federal Office for Viticulture in Eisenstadt or the Bundesamt für Wein-und Obstbau (Bundesamt für Wein-und Obstbau) in Klosterneuburg, and
3.		the final opinion of one of these Federal Offices on the way in which the treatment is treated is positive, or at least that the enjoyment of the experiment is safe for human health.

(4) The authorization may impose conditions on the manner in which the test wine is used or, where a significantly reducing change in the test wine has occurred, a corresponding labelling requirement.

(5) The application for pre-approval pursuant to paragraph 3 Z 1 shall be submitted to the Bundeskellereiinspektion (Bundeskellereiinspektion). The application shall include a description of the method of treatment, duration, location and type of trials, and the expected quantity of test wines produced.

(6) The pre-approval is to be granted if it is at least credibly made that the new treatment method can be expected to make progress in the cellar economy. Prior to the decision, the Bundeskellereiinspektion (Bundeskellereiinspektion) has to obtain an expert opinion from one of the federal offices. In the opinion, it is necessary to assess whether, on the basis of the results of the investigation so far, there are grounds for concern regarding the health aspects of the treatment. It is also necessary to specify the conditions and obligations which are capable of ensuring that the large-scale experiment referred to in paragraph 3 (2) can be monitored and that the results of the major trial can be followed by an assessment of the admissibility of the treatment. .

(7) The provisions of paragraphs 3, 5 and 6 shall apply to large-scale trials of federal offices or scientific institutes of the Federation only with the proviso that, instead of the pre-approval procedure, the notification of the beginning of the major trial shall occur and shall be subject to the condition that the the requirement of an expert opinion and the provision of paragraph 3 Z 2 shall not apply. If the investigative or experimental institute or the institute is not under the responsibility of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the agreement with the relevant Federal Minister shall be submitted before the granting of the authorization. .

(8) Apart from the implementation of individual procedural steps, it may be justified, in particular for reasons of economy, efficiency and expediency.

(9) The Austrian Chamber of Agriculture and the Austrian Chamber of Commerce and the Austrian Chamber of Commerce are to be heard in the course of the approval of new large-scale experiments.

Harmful and falsified products

§ 16. (1) Products likely to endanger or harm the health of consumers shall be considered as harmful products or non-safe products in accordance with Article 14 of Regulation (EC) No 178/2002.

(2) Products which have been treated in breach of the provisions of Section 3 (1) or (3) of Section 6 (5), other than those relating to the diversion with spoiled products or § 11 paragraph 2 Z 4, are falsified products.

(3) products containing, by means of an authorised treatment, substances which exceed the level specified, as well as wine and wine, which exceed the maximum permitted level of grape must, concentrated grape must or rectified Grape must be sweetened or enriched to the extent permitted,-placed on the market if, by means of a cut or a permitted treatment, it regains its ability to transport under the supervision of the Bundeskellereiinspector (Bundeskellereiinspector) . Such a possibility also exists in the case of products containing substances which have been transferred into the product in accordance with Section 3 (5).

Wine-like drink and wine-made wine

§ 17. (1) A wine-like drink within the meaning of this Federal Law is an alcoholic drink (at least 5% vol. present) drink which can be enjoyed like wine and according to the sensual characteristics (such as appearance, taste, or Odour) is similar.

(2) In the sense of this Federal Law, regetable wine is a wine-like drink which is suitable for being confused by the average consumer with wine.

(3) In any event, without regard to the ability to be confused with wine, a wine made in accordance with this Federal Law shall be present if it has been manufactured from one or more of the following substances:

1.		artificial substances, whether with or without fermentation (art wine),
2.		Art wine, mixed with wine,
3.		Residues of wine or brandy (such as pomace, pomace or bitch) and
4.		dried fruits.

(4) Lutters may only be placed on the market for the production of burnt spirits or for the purpose of industrial or industrial use, and also for the production of wine distillate. Geläger may only be stored, transported or pressed after the addition of at least 2 g of sodium chloride per litre. Excluded from this obligation for the denaturation is a gunman, which is checked out in vineyards or on arable land.

Road-related products

§ 18. (1) It may not be placed on the market:

1.		harmful or non-safe products in accordance with Article 16 (1);
2.		Experimental wines without authorization in accordance with § 15;
3.		falsified products in accordance with section 16 (2);
4.		after-made wines according to § 17 (2) or (3);
5.		Spoiled products according to § 6 (1).

(2) The prohibition of paragraph 1 shall not apply if:

1.		the Authority passes on a product to be recovered or declared for use in the implementation of the recovery, or
2.		spoiled products for recovery to the processing plant.

General labelling provisions

§ 19. (1) The labelling and presentation of products and any advertising for them shall not be misleading, false or otherwise likely to cause confusion or misguided misguided tours. Products have, when placed on the market, the requirements of Directive 2000 /13/EC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, OJ L 139, 30.4.2000, p. No. OJ L 109, 6.5.2000, p. 29.

(2) In particular, it shall be regarded as misleading if:

1.		The product shall not be subject to the requirements laid down in European Community rules or in this Federal Act for the indication or presentation in question, without the product being used for the purpose of providing such information or information. is equivalent to
2.		it is necessary to provide information which is liable to falsely give the impression of particular quality, in particular with indications of effects or properties which the products do not possess, or on special properties, although all comparable products have the same characteristics,
3.		necessary information, representations or appropriate information which are likely to arouse false ideas about geographical origin, even if the country of manufacture is indicated in accordance with the rules;
4.		are used which are appropriate to give false ideas on the processing, filling or storage, the nature, the products, the vine variety, the vintage or other circumstances, which are appropriate for an evaluation are determining, or
5.		(a) Invented names are used which are liable to erroneously give the impression of a geographical indication of origin, or contain a geographical indication, if the regulations pursuant to this Federal Act or subsequent regulations are the conditions necessary for the use of the relevant geographical indication are not met.

(3) Furthermore, products may not be placed on the market with disease-related information. Nutrition or health claims may be used in labelling and presentation only if it is provided for in Regulation (EC) No 1924/2006 on nutrition or health claims made on foods, OJ L 327, 30.12.2006, p. No. OJ L 404, 30.12.2006 p. 9.

(4) If there are any doubts as to whether the labelling of products complies with the provisions of the European Community or this Federal Act, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has, at the request of the To carry out a fixing procedure within six weeks by the Bundeskellereiinspektion, a district administrative authority or the person responsible for the labelling, subject to the presentation of three original labels. The person responsible for the labelling shall, where appropriate, prove the accuracy of the information to be used for the description.

Special labelling provisions

§ 20. (1) In so far as wine-like beverages are marketable, they must be marked in the course of business with a name which excludes any confusion with wine and makes it possible to identify the basic substance which has been used for the manufacture.

(2) In the case of wine, land wine and quality wine, which has been obtained in the country, the residual sugar content in accordance with Article 118z (1) (1) of the labelling shall be included in the labelling. (c) of Regulation (EC) No 1234/2007.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may lay down provisions for the use of the terms "Heuriger", "Schilcher" and "Bergwein" ("Bergwein").

Geographical indications of domestic wines

§ 21. (1) Wine which has been prepared exclusively from grapes harvested domestically and produced domestically, may only be placed on the market with a name indicating Austrian origin, such as " Austrian Wine "," Wine from Austria "or" Austria ". For the name of a wine with the name of a smaller geographical unit as "Austria", the following information shall be used:

1.		wine-growing regions,
2.		Wine-growing areas (specified regions),
3.		Large-scale,
4.		Municipalities (part of the municipality),
5.		Vineyards or wine-growing areas in connection with the name of the municipality (part of the municipality), in which the Riede or the wine-growing region is situated, provided that this municipality (part of the municipality) does not already have its name from the Fill indication is given.

(2) The federal states of Burgenland, Lower Austria and Vienna form the wine-growing region of Weinland. The federal states of Carinthia, Upper Austria, Salzburg, Tyrol and Vorarlberg form the wine-growing region of Bergland. The province of Styria is the wine-growing region of Steirerland.

(3) Wine-growing areas are:

1.		the wine-growing regions of the wine-growing region of Weinland:
a)			Neusiedlersee:
			the political district of Neusiedl am See;
b)			Neusiedlersee-Hügelland:
			the political districts Eisenstadt and Mattersburg as well as the free towns of Rust and Eisenstadt;
c)			Central Burgenland:
			the political district of Oberpullendorf;
d)			Southern Burgenland:
			the political districts of Oberwart, Güssing and Jennersdorf;
e)			Thermenregion:
			the city of Wiener Neustadt, as well as the political districts of Baden, Mödling, Neunkirchen and Wiener Neustadt;
f)			Kremstal:
			the city of Krems on the Danube and the municipalities of Furth near Göttweig, Gedersdorf, Imbach, Paudorf, Rohrendorf near Krems, Senftenberg and Stratzing-Droß;
g)			Kamptal:
			the municipalities of Etsdorf-Haitzendorf, Hadersdorf-Chambers, Langenlois, Lengenfeld, Schönberg am Kamp and Straß im Straßertale;
h)			Wagram:
			the political district of Tulln, with the exception of the municipality of Sitzenberg-Reidling, the municipality of Stetteldorf on the Wagram, and the county of Klosterneuburg;
i)			Traisental:
			the city of St. Pölten as well as the political district of St. Pölten and the municipality of Sitzenberg-Reidling;
j)			Carnuntum:
			the political district of Bruck an der Leitha and the court district Schwechat;
k)			Wachau:
			The municipalities of Aggsbach, Bergern im Dunkelsteinerwald, Dürnstein, Mautern an der Donau, Mühldorf, Rossatz, Spitz and Weißenkirchen in the Wachau;
l)			Weinviertel:
			the political districts of Gänserndorf, Korneuburg, with the exception of the municipality of Stetteldorf on Wagram, Mistelbach, Hollabrunn and Horn;
m)			Vienna:
			the Land of Vienna;
n)			Burgenland:
			the Land of Burgenland;
o)			Lower Austria:
			the Land of Lower Austria;
2.		the wine-growing regions of the wine-growing region of Bergland:
a)			Carinthia:
			the Land of Carinthia;
b)			Upper Austria:
			the Province of Upper Austria;
c)			Salzburg:
			the province of Salzburg;
d)			Tyrol:
			the province of Tyrol;
e)			Vorarlberg:
			the Province of Vorarlberg;
3.		the wine-growing regions of the Styrian wine-growing region:
a)			Südsteiermark:
			all the municipalities of the political district of Leibnitz, with the exception of the municipalities on the left of the Mur;
b)			Weststeiermark:
			the City of Graz and the municipalities of the political district Graz-surroundings with the exception of the municipalities on the left of the Mur as well as the political districts Deutschlandsberg and Voitsberg;
c)			South East Styria:
			the political districts of Feldbach, Fürstenfeld, Hartberg, Radkersburg and Weiz, as well as the political districts of Graz-surroundings and Leibnitz, the municipalities on the left of the Mur;
d)			Steiermark:
			the political districts of Leibnitz, Graz Stadt, Graz surroundings, Deutschlandsberg, Voitsberg, Feldbach, Fürstenfeld, Hartberg, Radkersburg and Weiz;
4.		the regions of origin for quality wines typical of the region, with origin profiles in accordance with § 34 para. 1.

(4) A major vineyard within the meaning of this Federal Law is a wine-growing area within a wine-growing area, which can be expected to produce similar wines of equivalent quality. To the extent that it appears necessary in the interest of adapting to given market structures and to achieve a market-based offer, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has large-scale facilities by Regulation to be fixed.

(5) A Riede within the meaning of this Federal Law is a district of a municipality which is represented by natural or artificial borders or as a result of the winegrowers ' use as a self-employed part of the territory and either already as a wine-growing region. or as a result of the location and the condition of the soil, the production of similar and equivalent wines can be expected.

(6) A designation pursuant to paragraphs 1, Z 1, 2, 3 and 5 may, without prejudice to § 10 (8), be used only for wine made from grapes produced exclusively in the indicated region of origin. If the conditions laid down in paragraph 7 are fulfilled, the name of a wine-growing region or of a wine-growing region shall
Wine-growing region is also used if the adjacent community is located in another wine-growing region or other wine-growing region.

(7) The name of a municipality (part of the municipality) may only be used for wine made from grapes which have been obtained exclusively in the municipal area or in the municipal area and in the vineyards of neighbouring municipalities, provided that the vineyards are operated by the the name-giving community, and the material to be read has been brought to it for processing.

Authorisation for the regulation of designations and arrangements

§ 22. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may adopt further provisions on

1.		the description, presentation and other particulars relating to the products referred to in § 1,
2.		the conditions under which certain names, notices and other information may be permitted, and
3.		Restrictions and prohibitions of certain names, notices and particulars
.

Section 2

Other provisions

Quantity restriction

§ 23. (1) Wine-making drivers (cultivators of vineyard areas) may not be placed on the market more than the maximum quantity of wine per harvest of a vintage according to § 8, on land, quality or predicate wine or on wine grapes intended for their production. .

(2) The maximum per hectare shall be 9000 kg of grapes or 6750 l of wine per hectare in the vineyard area of registered and planted vineyard area for the production of wine in accordance with § 8 or by country, quality or predicate wine.

(3) Where the maximum per hectare referred to in paragraph 2 is exceeded, the whole quantity of the harvest of a vintage shall be placed on the market only as a wine without vine variety and vintage name.

Vineyard Directory

§ 24. (1) In the case of the Bundeskellereiinspektion (Bundeskellereiinspektion), before the end of the temporary replanting ban pursuant to Article 85g of Regulation (EC) No 1234/2007, a vineyard register shall be established and provided with support for automation. The vineyard list shall include the name and address of the wine-maker and the owner of the vineyard areas, the operating number, the Katastralgemeinde (s), the Riede (n), the land numbers and the extent of the land, the extent of the actual planting, The planting year and grape varieties, as well as the slope of the land.

(2) The district administrative authorities, provincial governments or provincial agricultural chambers which have the vineyard lists or the wine-growing cadastre according to national legislation until the end of the temporary replanting ban in accordance with Art. 85g of the Regulation (EC) No 1234/2007 shall, in the event of the acquisition of this task, support the Bundeskellereiinspektion in all matters and, in particular, shall transmit data and documents in a comprehensible and orderly manner.

(3) The vineyard list is a part of the operating atasters according to § 26 (1).

State Audit Number

§ 25. (1) The state test number shall be the symbol intended to mark Austrian quality wine and predicate wine. In order to obtain a state test number, a sample of the wine must be subjected to the tests to be carried out by the Federal Minister for Agriculture, Forestry, the Environment and Water Management with a Regulation. However, other necessary tests may be carried out. If the examination of the sample does not result in any suspicion that the requirements for a quality wine in accordance with § § 10 or 11 are not given, the state test number shall be granted.

(2) The state test number shall be notified to the person entitled to dispose, incomprehensible, of the decision to grant, at the time of submission.

(3) The state test number may be used only for the description of that wine from which the sample was drawn.

(4) The application for the grant of the national test number shall have the name, operational number and address of the person entitled to dispose of the wine, as well as information on the place of storage of the wine, the wine itself (colour, pruning, vintage, quality wine variety, quantity, local origin, quality level, mostweight, enrichment and residual sweetenings), as well as information on the intended name of the wine, storage information and, in the case of predicate wine, the mostbatch numbers on which the wine is based; and Partial quantities to be included. The application shall be followed by the samples drawn up by the applicant for the conduct of the investigation. Applications must be submitted to one of the two Federal Offices; applications must be submitted by the Federal Ministry of Agriculture, Forestry, Environment and Water Management. The submission of an application for the grant of the state test number shall be inadmissible for as long as a fee prescribed in accordance with paragraph 12 has not yet been paid within a period of four weeks from the date on which the application is made.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the name of the person entitled to dispose, the essential data of the application in accordance with paragraph 4 (such as quantity, type and origin of the wine) as well as the result of the investigations in to enter a list provided with a serial number.

(6) From the date of application to the end of the procedure and from the date of issue and use of the state test number, no changes may be made to the wine. This prohibition shall be without prejudice to provisions which require the usual care of the wine.

(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall decide on the application for the grant of the state test number as soon as possible, but at the latest within five weeks.

(8) At the request of the Bundeskellereiinspector (Bundeskellereiinspector), the authorized person has to prove at all times the authority to use the state test number. The unauthorised use of the state test number shall be prohibited. The transfer of the right of disposal over a wine shall also cover the right to use the national test number on the right to dispose of the wine.

(9) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the right to withdraw the right to use the state test number to the right of disposal of the right to dispose, if:

1.		it is subsequently found that the information required in accordance with paragraph 4, first sentence, was incorrect or that the wine does not or no longer meet the conditions for issuing a public test number in any other way,
2.		it is subsequently found that the person entitled to dispose of persons has failed to comply with the provisions of paragraph 6,
3.		the control measures in respect of which the person is entitled to dispose of the wine is obstructed or foiled; or
4.		a state test number is used for a wine for which it has not been allocated. The assessment of identity shall take account of the natural changes in the wine and the maintenance measures carried out in the case of wine.

(10) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall fail to issue further state test numbers if the applicant or the applicant to which the applicant has the right to dispose of his wine has, for one of the reasons referred to in paragraph 9, been deprived of a state test number, the withdrawal is due to a criminal conduct liable to prosecution and, since the delivery of the withdrawal period, a period of two years has not yet passed.

(11) The right of disposal shall, in the extent of the withdrawal period, remove the existing national test numbers from the bottles contained in its disposal authority.

(12) In order to use the activity associated with the execution of the application, the applicant is required to pay a fee in accordance with the tariff. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Finance, has the Federal Minister for Agriculture, Forestry, the Environment and Water Management. . The tariff is to be drawn up in such a way that, in Austria and in the year, up to five investigations are to be carried out free of charge for each establishment with a fixed seat However, the quantity of wine which is based on these studies must not exceed a total of 20,000 litres. A further prerequisite for the free investigation is that the state test number be granted.

(13) The application and official acts in the procedure for the issuing of the state test number are exempt from federal administrative charges.

(14) An additional sample of the wines submitted is to be sealed in such a way that removal of the closure is not possible without violating the seal or the seal. This sample shall be submitted to the applicant.

(15) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation a Federal Office in accordance with the Federal Act on the Federal Offices for Agriculture and the Agricultural Federal Institutions, BGBl. I n ° 83/2004, for the purpose of carrying out procedures, including the release of charges, where this is in the interests of convenience, purity, simplicity and cost savings. In this case, the Federal Office of the Federal Office of Agriculture and Forestry (Bundesamt für Land-und forestry, Environment and Water Management) has the right to apply the AVG (Federal Office of the Federal Office for the Protection of Forestry).

(16) Quality wine may, in the event of failure to comply with the requirements of section 4 (1), second sentence or para. 2, § 5 (1) or § 10 (1) Z 4 or 6, as well as in cases where the quality wine contains, by means of a permissible wine treatment, substances which are exceed the prescribed amount or have been transferred to wine contrary to § 3 (5), until the state test number is issued, without prejudice to the provisions of paragraph 6, without prior notification or freezing by the Bundeskellereiinspektor, by means of a valid treatment method, the conditions for the ability to transport of quality wine with state test number.

Operating Cadastre

§ 26. (1) In the case of the Bundeskellereiinspektion (Bundeskellereiinspektion), an operating cadastre shall be created for each operation and shall be provided with automatic support This includes the collection of data from harvest and production reports, inventory reports, accompanying documents, mostguard confirmations, inspection numbers and banderoles, and their conformity with the relevant relevant to review wine legislation.

(2) In an automation-assisted wine database, the wine-relevant data determined by federal authorities, state authorities or commissioned companies are to be entered and regularly updated.

Form sheets

§ 27. If it is necessary to improve the control possibilities, the Federal Minister for Agriculture, Forestry, the Environment and Water Management can prescribe, by means of a regulation, that for reports, applications, records or certificates, in particular for harvest and stock registration, declaration of intent and confirmation of Mostwäger, certain forms and data carriers shall be used.

Accompanying documents

§ 28. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has decided to ensure adequate monitoring of the transport of wine-growing products at home, within the Community and in the case of import and export. to regulate the nature, form, content and use of accompanying documents and their supervision by means of a regulation.

Harvest and production reporting and inventory reporting

§ 29. Each producer of grapes from which wine has been obtained shall, on the date of 30 November, annually until 15 December of the municipality in whose area the plant is situated, to report a harvest and production report, and also annually up to that date. Date of issue of an updated master data collection sheet or to refund these messages by way of the wine database at the Federal Ministry of Agriculture, Forestry, Environment and Water Management. In the event of a repeated infringement of this obligation, no application for obtaining the state test number for quality wine may be made for the whole quantity of the harvest of the last year concerned, and only as wine shall be placed on the market without a specific indication of origin as Austria and without a vine variety or vintage name. The imposition of an administrative penalty on the grounds of a breach of any of the above reporting obligations shall be without prejudice to the obligation to report.

(2) Each producer of grapes from which wine has been obtained shall submit an inventory report (notification of the quantity of wine present) in the area of which the plant is situated, by the date of 31 July each year, until 15 August. Inventory reports are also to be submitted by wine-growers and winegrowers ' cooperatives.

(3) The congregation shall immediately forward the harvest and production reports as well as the inventory reports to the Federal tile inspection inspection.

Banderole

§ 30. (1) Quality wine obtained domestiy and bottled in the country may only be delivered if the bottle is provided with a banderole. Banderoles or banderole-like characters may not be used for other products as such quality wines. The banderole is to be attached above the bottle closure in a form which closes the refilling with further use of the band.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down, by means of regulations, sizes, shapes, colours, movements and labels of the banderoles as well as the handling of the output of the banderoles.

Input and output books

§ 31. (1) Those who place products on the market shall be obliged to keep records of entry and exit books (Kellerbuch).

(2) Persons who, irrespective of whether they produce, store or transport products, have trade deals with products, have records of these commercial transactions.

(3) Furthermore, records of analyses of products produced by laboratories in accordance with Section 46 (1) (3) of this Regulation shall be kept.

(4) The records referred to in paragraphs 1 to 3 shall be kept in such a way as to enable them to be properly controlled. Accounting documents which comply with the above provisions shall be considered records.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, by means of a Regulation in accordance with the provisions of the European Community, lay down provisions on records of entry and exit books, records of commercial transactions as well as records of analyses of products.

Storage of wine-related substances

§ 32. Non-wine substances or mixtures of such substances which, according to their composition, are suitable for use as a means for the production of re-produced wine or for adulteration of products as defined in § 1, such as, for example, mosterstitutes and non-approved wine treatment products shall not be kept or stored in premises subject to the review. If the Bundeskellereiinspektor (Bundeskellereiinspektor) finds such substances on the occasion of a retrospective, it shall be entitled to take samples for examination of these substances. The farmer (deputy, agent) is obliged to follow such samples or to allow the removal of samples.

Wine-based drinks

§ 33. (1) Wine-based drinks according to § 2 (1) Z 4 shall comply with the following production rules:

1.		a subsequent fermentation of the wine-containing beverage must not have taken place,
2.		only sugars, grape must, concentrated grape must, grape juice or water (mineral water or drinking water) may be added and the characteristics of the drink shall not be altered by this addition; and
3.		Only oenological practices and processes may be used and substances may be used -with the exception of flavourings intended for the manufacture of flavoured drinks within the meaning of the provisions of the European Community.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down, by means of a regulation, the conditions for the production of wine-containing beverages.

Regulation authorizing the establishment of producer and industry organisations and implementation of directives

§ 34. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, by means of Regulation, establish producer organisations and inter-branch organisations in accordance with Article 125o of Regulation (EC) No 1234/2007 and adopt detailed rules on this. At the request of inter-branch organisations, it may set conditions for quality wines typical of the region with origin profiles and establish the regions of origin.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to implement regulations of the European Community which are not directly applicable by Regulation concerning the placing on the market of products in accordance with § 1.

Part 2

Fruit wine

Definitions and placing on the market

§ 35. (1) The following definitions shall apply to the second part of this Federal Act:

1.		"Fruit wine" within the meaning of this Federal Law shall be the drink produced by alcoholic fermentation of the juice or the mash of fresh and suitable fruit of a core, stone, berries or other fruit containing an alcohol content of: at least 1,2% vol. , as well as the beverages listed in paragraphs 2 to 9. Fruit juice may also be produced from fruit juice, which has been made from juice concentrate.
2.		"Fruit dessert" means more than 260 g/l of sugar and at least 13.0% vol., with alcohol or fruit spirits, sugar, fruit juice or fruit juice concentrate added per litre, the alcohol converted into sugar. Alcohol, but not more than 22,0% vol. Alcohol contains.
3.		"Aromatized fruit wine" means a beverage obtained from fruit wine whose content of alcohol is at least 13.0% vol., but not more than 22.0% vol. , which has been subjected to flavouring using flavourings, seasoning herbs or flavourings. In addition, fruit juice, fruit juice concentrate, alcohol, fruit brandy and sugar may be added; the basic wine wine proportion must be at least 75%.
4.		An "aromatised fruit wine-containing drink" is a drink obtained from fruit wine, the content of which is not less than 1,2% vol. but less than 13.0% vol. , which has been subjected to flavouring using flavourings, seasoning herbs or flavourings. In addition, fruit juice, fruit juice concentrate, carbonic acid and sugar may be added; the basic grape wine portion must be at least 50%.
5.		"Zider" is a drink from a fruit juice mix with fruit wine of the same fruit seed group, which is up to 5% vol. Alcohol and a carbonic acid overpressure of not more than 2.5 bar at 20 ° C, the alcohol content, including the sugar still present on alcohol, may not exceed 8% vol.
6.		"Fruit wine" is a fruit wine which has an actual alcoholic strength by volume of not less than 5% vol. and in closed containers, a carbonic acid overpressure of at least 1.0 bar and not more than 2.5 bar at 20 ° C.
7.		"Fruit sparkling wine" means foamy fruit wine obtained by alcoholic fermentation of fruit juice or second alcoholic fermentation of fruit wine and marked upon opening of the container by the escape of carbon dioxide. The carbonic acid overpressure must be at least 3.0 bar in closed containers at 20 ° C.
8.		An "fruit-wine-containing drink" is a drink made from fruit wine and, if necessary, with the addition of carbonic acid, sugar, fruit juice, fruit juice concentrate or water (mineral water or drinking water), which contains a content of existing wine. Alcohol of not less than 1.2% vol. and a base wine content of at least 50%.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to draw up a list of the assignment of the individual fruit to the Obstart groups of core, stone and berry fruit with a regulation. All fruit not included in this list will be assigned to the other fruit. Grapes do not belong to the fruit within the meaning of this Federal Law.

(3) The placing on the market of fruit wines other than those referred to in para. 1 and produced in Austria is prohibited.

Treatment of fruit wine

§ 36. (1) For the treatment of fruit wine, the following shall be allowed:

1.		the application of procedures to be laid down by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, and
2.		the cropping of fruit wines of different fruit groups and the addition of fruit juices of various fruit groups, if the product is placed on the market under the name "fruit wine".

(2) For the treatment of Kernobstwein, the following shall be allowed:

1.		the cropping of apple-with pear wine,
2.		the addition of sugar, fruit juice or fruit juice concentrate from Kernobst to the extent that the alcohol content, including the sugar (total alcohol) which is still present on alcohol, is not 8% vol. when it is delivered to the consumer; , where a residual sweetening of up to 25 g/l is permitted, and
3.		the stretching of the mash, the juice or the fruit wine by addition of water to the extent that the total sugar-free extract less the titratable acid, calculated as malic acid, of the finished beverage is at least 12 grams per litre and its Alcoholic strength by volume, including sugar still converted to alcohol, at least 4% vol. .

(3) For the treatment of stone fruit, berry fruit and fruit wines, the following shall be permitted:

1.		the stretching of the mash, the juice and the fruit wine by addition of water to the extent that the total sugar-free extract less the titratable acid, calculated as malic acid, of the finished beverage is at least 12 g per litre and its Alcoholic strength by volume, including sugar still converted to alcohol, at least 4% vol. ,
2.		the addition of sugar, fruit juice or fruit juice concentrate of the same fruit or fruit juice group (s) to the extent that the finished beverage is not more than 13% vol. total alcohol, and
3.		the collection of the natural red berry and stone fruit wine with fresh pomp or the juice of the same fruit seed group.

(4) In order to produce fruit desserts, flavoured fruit wines, fruit sparkling wines and fruit sparkling wines, fruit wines with sugar or fruit juice concentrate may be added to a higher level than those set out in paragraphs 2 and 3.

(5) Understated

1.		the cropping of fruit wine with spoiled or adulterated fruit wine,
2.		the cropping of fruit wine with wine and
3.		the use of fruit and fruit orchards.

Name of fruit wine

§ 37. (1) Chernobyl wine is to be described as "fruit wine", "fruit must" or "must", stone fruit wine as "stone fruit wine" and "berry wine" as "berry wine". Instead of the name of the Obstart group, a composition of the word "wine", in the case of Kernobst also "must", can be used to describe the name of the fruit used for production. Where other fruit is used, the name of the fruit used shall be indicated in conjunction with the word wine. The word wine must not be specified separately from the Obstart (-group) and must be given in characters of the same type, colour and size. Fruit wine, made from several fruit groups, is to be called fruit wine. In the case of an indication of the fruit bans used, they shall be indicated in descending order in the form of characters of the same type, colour and size, according to their quantity.

(2) Fruit dessert wine, flavoured fruit wine or flavoured fruit wine-containing drink should be described as "fruit dessert wine", "flavoured fruit wine" or "flavoured fruit wine-containing drink". The name "aromatised fruit wine-containing drink" may, for a content of existing alcohol, be up to 7.0% vol. by the name "aromatized fruit wine-containing cocktail", "flavoured fruit wine cocktail" or "flavoured fruit wine cocktail" or "flavoured fruit wine cocktail" or "flavoured fruit wine cocktail" or " flavoured fruit Fruit wine cocktail ". The labels can be added to the Obstart used for creation. Fruit dessert wines may also be referred to as fruit dessert wines. In the case of flavoured fruit-wine-containing beverages, the name "mulled must" may replace or supplement the name of the traffic if the flavouring has been carried out predominantly with cinnamon and cloves. The term 'fruit vermouth' may, in the case of flavoured fruit wine, replace or supplement the name of the transport, if its characteristic flavouring is used by the use of suitable substances, in particular those obtained from Artemisia species, which are always used must be achieved.

(3) Zider is to be called "Zider" or "Cider". Fruit sparkling wine must be referred to as "fruit sparkling wine", "chernobst" sparkling wine as "fruit sparkling wine", stone fruit sparkling wine as "stone fruit sparkling wine" and soft sparkling wine as "Beer sparkling wine" or after the fruit used for production "Perlwein" or "sparkling wine" are called "sparkling wine". For all types of fruit sparkling wines, the term "fruit sparkling wine", for fruit sparkling wines, is also allowed to be called "fruit sparkling wine". The label "Sekt" must not be used. In the case of the addition of carbonic acid, the term "mixed with carbon dioxide" is to be applied. An fruit-wine-containing drink is to be called "fruit-wine-containing drink". This designation of transport may be replaced by one of the sales designations 'fruit must (fruit wine, must)' or ' g 'sprawled fruit must (fruit wine, must) if the beverage consists of at least 50% fruit wine and water and carbonic acid. The term "mixed with carbon dioxide" shall be indicated.

(4) Fruit wine must not be placed on the market, imported or exported with misleading names, notices, other information or arrangements, or made the subject of advertising. If, according to the provisions of this Federal Act, the use of a designation in writing is prescribed, the Scriptures must be clearly visible and legible as well as permanent. All mandatory particulars shall be affixed in the same field of vision. In the case of fruit wines, names indicating a particularly strengthening effect such as "health" or "starch fruit wine", names such as "natural", "genuine", "pure", "alternative", "alternative" and word compounds with these are not permitted.

(5) Obstart group specification is allowed only if 100% of the product has been produced from the specified Obstart group. The indication of fruit and grape varieties shall be permitted only if the product has been produced at least 85% of the given fruit or variety. An indication of a vintage shall be permitted if the fruit used has been harvested at least 85% in the year, the indication of which is provided for. A fruit wine bearing a designation of origin, variety or vintage may only be placed on the market under those names if they are verifiable in the entry and exit books.

(6) Fruit wine shall also comply with the following labelling requirements:

1.		Fruit wine placed on the market in containers holding a nominal volume of up to 60 litres shall have the name or company name of the manufacturer, bottler or other marketing participant in the labelling, in the case of imported fruit wines. In any event, the name or company name of the importer and the municipality or district and the State in which the importer is situated.
2.		Where the name or the name of the company is indicated, the business status of these persons shall be defined by terms such as "bottler", "bottled for ...", "bottled by ...", "manufacturer", "manufactured by ...", "producer", "sales", "seller", "Importer" or "imported by ..." .

(7) The actual alcoholic strength by volume shall be indicated in volume percentages with a maximum of one decimal place. It shall be indicated in figures which must be at least 2 mm in nominal volumes of up to 20 cl, at least 3 mm above 20 to 100 cl, and at least 5 mm above 100 cl. Without prejudice to the tolerance limits resulting from the methods of analysis used for the determination of the alcohol content, the content of existing alcohol may not exceed 1.0% by volume in the content determined by the analysis. Above or below.

(8) The nominal volume shall be expressed in hectolitres (hl), litres (l), centilitres (cl) or millilitres (ml) in figures followed by the designation of the volume units used. The nominal volume must be indicated in figures which, for a nominal volume of 5 cl, must be at least 2 mm, more than 5 cl to 20 cl at least 3 mm, more than 20 cl to 100 cl at least 4 mm, and more than 100 cl at least 6 mm.

(9) In the case of fruit wine, the use of artificial colours in the labelling shall be indicated where, in the manufacture of colours, dyes are permitted to be used in accordance with Directive 94 /36/EC on colours which may be used in foodstuffs, OJ L 206, 22.7.1994, p. No. OJ No L 237, 10.9.1994 p. 13. In the case of apple and pear wine, the use of artificial sweeteners shall be indicated in the labelling where sweeteners may be used in the production of sweeteners in accordance with Directive 94 /35/EC on sweeteners which may be used in foodstuffs, OJ L 94, 22.4.1994, p. No. OJ No L 237, 10.9.1994 p. 3.

(10) In the case of fruit wine, the indication "contains sulphites" should be indicated and, in the case of a total sulphur dioxide content of more than 10 mg/l, the indication "contains sulphites".

Regulation

§ 38. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has laid down, by means of a regulation, the more detailed conditions for the production and designation of fruit wines.

(2) In addition, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has failed to implement directly applicable rules of the European Community concerning the placing on the market of fruit wine by means of a regulation.

Quality sobstwine

§ 39. Fruit wine produced from apples and pears may be placed on the market as "quality wine", "quality must must" or "quality must" if:

1.		the content of the alcohol present is at least 5% vol. ,
2.		no water or sugar has been added,
3.		the content of titratable acid, calculated as tartaric acid, is not less than 5 grams per litre,
4.		the amount of volatile acid, calculated as acetic acid, is not more than 0.8 g per litre, and
5.		the fruit wine has the characteristic and typical characteristic and is free from defects in appearance, smell and taste; in the case of a sensory test, the minimum requirements must be met.

Fruit must of traditional peasant production

§ 40. (1) Fruit wine produced from apples or pears of agricultural holdings may be placed on the market with a reference to traditional peasant production (such as farmers ' must), if:

1.		no addition of water has been carried out,
2.		no sugar has been added and
3.		no sweeteners, colorants or other additives, other than sulphur dioxide, have been used.

(2) Similar indications, which are likely to falsely give the impression of a traditional peasant production, are inadmissible in the case of fruit wine which does not meet the conditions laid down in paragraph 1.

Harmful and falsified fruit wine

§ 41. (1) Fruit wine which is likely to endanger or harm the health of consumers is harmful to health or is not safe in accordance with Article 14 of Regulation (EC) No 178/2002.

(2) fruit wine which has been stretched to the extent permitted by water which has been used in the case of unauthorised procedures and treatments, or in the manufacture of which fruit or fruit, or
Fruit gland wine has been used, is adulterated fruit wine.

Spoiled and restricted transport of fruit wine

§ 42. (1) Fruit wine which, as a result of illness, error, defects or other circumstances, such as the bad smell or taste, has a nature which, in the absence of recoverability, can be used as a fruit wine by means of approved procedures or treatments. , is a verdorate fruit wine.

(2) Fruit wine, which has a volatile acid content of 1.2 g per litre (calculated as acetic acid) or above, is in any case spoiled fruit wine.

(3) Verdorbener fruit wine may only be used in such a way as to exclude its use as a foodstuff, including through processing. However, it is permissible to process vinegar or-with the exception of highly vinegar-fruit wine-to distillate if the product does not pose a risk to human health. The fruit wine must be supplied directly to the processing plant. Fruit wines, which exceed a volatile acidity content of 2 g per litre, are highly essiglible.

(4) Fruit wine which, by means of a permitted treatment, contains substances which exceed the specified level, should therefore not be regarded as a forged fruit wine, but rather as a fruit wine which is capable of being restricted to transport. This may be placed on the market if it has regained its ability to transport, by means of, inter alia, fruit wine or approved procedures or treatments.

(5) Fruit wine which does not correspond to the justified consumer expectation or which is not commercially available and which can be re-established with approved procedures or treatments is also restricted to a limited number of Fruit wine. A cut must only be made after recovery. The section or the treatment of a limited-capacity fruit wine may only be carried out under the supervision of the Bundeskellereiinspector (Bundeskellereiinspector).

Road-incapable fruit wine

§ 43. (1) It may not be placed on the market:

1.		harmful or non-safe fruit wine according to Article 41 (1);
2.		falsified fruit wine;
3.		Pruning of fruit wine with adulterated or harmful fruit wine;
4.		Pruning of fruit wine with wine;
5.		spoiled fruit wine;
6.		Pruning of fruit wine with spoiled fruit wine.

(2) The restriction of marketable fruit wine must not be made to the consumer.

(3) The prohibition of paragraph 1 shall not apply if:

1.		the authority passes on a fruit wine that has been withdrawn or declared to be forfeit or has been declared for recovery, or
2.		spoiled fruit wine for recovery to the processing plant is delivered.

Input and output books

§ 44. (1) Those who produce fruit wine, put it on the market in containers of more than 60 litres, or place them on the market for the first time in containers holding a nominal volume of up to 60 litres, shall be obliged to keep records of entry and exit books (Kellerbuch). The books must be held in such a way as to enable them to be properly controlled.

(2) The entry and exit books shall be kept for five years, from the date of the last registration, together with all other documents such as commercial documents, freight certificates or delivery notes. Legislation which provides for a longer period of time for the storage of documents shall remain unaffected.

(3) The entry and exit books shall be presented at the request of the Bundeskellereiinspektor.

Applicability of provisions of the 1. Part

§ 45. The provisions of § 2 (2), § 3 (5), (6) and (7), § 15 and § 19 shall also apply to fruit wine.

Part 3

Control

Bundeskellereiinspektion

§ 46. (1) The Bundeskellereiinspektion shall be responsible for:

1.		the monitoring of the placing on the market of products in accordance with § 1,
2.		the monitoring of wine treatments and oenological practices,
3.		the inspection of the records of wine analyses carried out by laboratories (other than laboratories of local authorities), as well as the inspection of the records of persons who are responsible for wine treatment or lease oenological practices, or in wage procedures,
4.		the inspection of records of persons who, irrespective of whether they produce, store or transport products in accordance with § 1, provide commercial transactions with those products,
5.		advice to farmers (substitutes, agents) with the aim of complying with the rules applicable to the wine sector; and
6.		the inspection of records of persons producing or transporting labels, labels, banderoles, forms, seals or containers for the products referred to in § 1.

(2) If there is a reasonable suspicion that products in accordance with § 1 do not comply with the provisions of the European Community or this Federal Law, the Bundeskellereiinspektion (Bundeskellereiinspektion) may-under a reasonable period of time to be set at the same time- Order the necessary measures to increase the defect or risk disconnection, in particular:

1.		the restriction or prohibition on the placing on the market of such products,
2.		the appropriate treatment of such products,
3.		the use of these products for purposes other than those originally intended,
4.		the destruction of such products,
5.		the return of such products to the place of origin in the case of cross-border introduction,
6.		the withdrawal of these products from the market or the recall of the consumer,
7.		the information of consumers and consumers,
8.		the adaptation of the labelling of these products,
9.		the implementation of operational improvements, in particular in the production, storage, documentation and self-control, including the submission of test certificates in duly substantiated cases, or
10.		the immediate reporting obligation on the implementation of the measures arranged.

Whereas these measures must be proportionate and must not affect trade more than is necessary in order to achieve the high level of health protection existing in the Community, taking into account the technical and economic aspects of the Feasibility and other factors which are worthy of consideration are necessary.

(3) In the case of information or a suspicion that a product according to § 1 poses a serious risk to the health or safety of consumers, the Bundeskellereiinspektion (Bundeskellereiinspektion) has the Federal Ministry of Agriculture, Forestry, Environment and Water management (Art. 50 of Regulation (EC) No 178/2002).

(4) The Bundeskellereiinspektion (Bundeskellereiinspektion) has to serve the appropriate specially trained supervisory bodies (institutions of the supervision of wine, Bundeskellereiinspektoren). In the exercise of their service, they enjoy the protection, the civil servants (§ 74 Z 4 Penal Code-StGB, BGBl. No 60/1974). Suitable as:

1.		Graduates of the Higher Federal Institute of Education and the Federal Office of Wine and Fruit-Building in Klosterneuburg, who have carried out a professional activity of at least five years, or persons with equivalent professional training (Bundeskellereiinspektoren);
2.		Mostwäger in accordance with § 55.

The institutions of the supervision of the wine shall be prohibited from operating or participating in, or acting in the service or order of such undertakings, undertakings which place on the market in accordance with § 1.

(5) The Bundeskellereiinspektion (Bundeskellereiinspektion) is subject to the Federal Minister for Agriculture, Forestry, Environment and Water Management, and its seat is in Vienna.

(6) The Bundeskellereiinspektion (Bundeskellereiinspektion) has party status, including the right of appeal in proceedings under this Federal Act, which are carried out before the district administrative authorities or independent administrative senates in the countries. The modesty is to be sent to the federal cellar inspection. The right to file a complaint to the Administrative Court shall be granted to the Federal Minister for Agriculture and Forestry.

(7) The Bundeskellereiinspektion (Bundeskellereiinspektion) is the competent authority for the implementation of official controls of products in accordance with § 1 of Regulation (EC) No 882/2004; it has the General Administrative Procedure Law 1991-AVG, BGBl. No 51/1991. By 1 March each year, the Federal Ministry of Agriculture, Forestry, the Environment and Water Management shall submit a report to the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the checks carried out, which shall comply with the requirements of Article 44 of the Regulation (EC) No 882/2004.

(8) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may be appealed to the Federal Minister for Agriculture, Forestry, the Environment and Water Management in respect of decisions of the Bundeskellereiinspektion pursuant to § 15.

Post-show

§ 47. (1) The Bundeskellereiinspektoren (Bundeskellereiinspektoren) are entitled, in the performance of their service, to comply with the premises referred to in paragraph 5 above, to the extent that this is used to monitor compliance with the provisions of this Federal Law or the provisions of the The European Community shall be required for products referred to in § 1.

(2) A retrospective may also be carried out in the premises referred to in paragraph 5, provided that the wine treatment facilities or facilities used for wine treatment or oenological practices are used, produced, stored, transported or carried out in such wine-treatment facilities or in the wine-making facilities. be put on the market in other ways.

(3) A retrospective may also be carried out in laboratories according to § 46 (1) Z 3 and in business premises of persons according to § 46 (1) Z 4 and 6.

(4) In the event of a resistance to the contraction of the official act, the institutions of the Civil Security Service shall have the institutions of the supervision of the wine authorities at their request in the performance of their duties as described in Sections 12 and 46 to 51 . They shall, if necessary, ensure the security of the act by means of coercive means.

(5) A review by the Bundeskellereiinspector may be carried out on land, in buildings and in operating rooms, in or on which products according to § 1 are manufactured, processed, stored, sold or otherwise placed on the market as well as during transport and in the associated business premises. The retrospective in customs warehouses and free zones is permitted, while these are open for customs acts.

(6) The farmers, their substitutes or agents shall be obliged to provide the Bundeskellereiinspector with any assistance necessary for proper control or to provide such assistance and to request all the necessary assistance. Premises and storage rooms, including those which have a different location, to allow the Bundeskellereiinspector to enter these premises, to accompany him during the visit or by persons with whom he/she has been Operating conditions are familiar, to be accompanied and those for control to provide the necessary information. The information required shall include, in particular, the extent of the holding, the processing, the substances to be processed and the quantity and origin thereof.

(7) The provisions of paragraphs 1 and 2 shall apply mutatily also to means of transport by which products are transported in accordance with § 1 or which are intended for their transport.

(8) The farmers, substitutes or agents shall also be obliged, upon request, to the Bundeskellereiinspector, upon request, all documents relating to matters falling within the scope of the Bundeskellereiinspektion, such as: to submit business records, delivery notes, freight and customs documents and books, accompanying documents, forms, invoices, processing descriptions and printouts of electronically stored data. Photocopies are to be handed out upon request. The Bundeskellereiinspektoren also have the right to make photocopies. Similarly, at the request of the Bundeskellereiinspectors (Bundeskellereiinspectors), the written documents required for carrying out the inspection are to be made available in the rooms to be checked.

Sampling

§ 48. (1) The farmers, deputists or agents shall, at the request of the Bundeskellereiinspector (Bundeskellereiinspector) on the occasion of retrospective inspection, be required to carry out samples of food or for examination or to extract samples from the Bundeskellereiinspektor (Bundeskellereiinspector). . The samples shall be drawn from products in accordance with § 1, wine treatment products, substances in accordance with § 32, and residues of winemaking such as tartar, moneys, turkeys or pomace.

(2) The test sample shall include a sufficient quantity for the proper investigation. The sample shall be sealed or sealed in such a way that it is not possible to remove the closure without violating the seal or the seal. Part of the sample serves as a material for the official investigation; another part is to be returned to the party as a counter-sample for evidence.

(3) The Bundeskellereiinspektor (Bundeskellereiinspektor) shall, via the samples taken from the party, have to follow a confirmation in the form of a pass or a second copy of the transcript.

Sampling of samples for the transport of predicts abroad

§ 49. (1) In the case of containers holding a nominal volume of more than 60 litres or exported to other Member States of the European Community, or exported to third countries, the consignor shall have the place and date of the start of transport to the Notify the Bundeskellereiinspektion in writing, at least three days in advance, to report.

(2) The Bundeskellereiinspector shall take a sample from the container immediately before the beginning of the transport within the meaning of paragraph 1.

(3) After sampling in accordance with para. 2, a cut shall be prohibited and shall not be subject to any alterations to the predicate wine. This prohibition shall be without prejudice to provisions which require the usual care of the wine.

Seizure and seizure

§ 50. (1) The Bundeskellereiinspector (Bundeskellereiinspector) shall, if necessary, seize the product in accordance with § 1, including the containers, without prior administrative proceedings, or to ensure that the product is suspected that the product has been placed against the product. The provisions of this Federal Act, pursuant to which Regulations or Regulations of the European Community have been placed on the market in accordance with Article 1 of this Regulation, are subject to the provisions of this Act. In the event of a mere minor breach of the provisions of this Federal Law or of the European Community's provisions relating to products referred to in § 1, which constitutes a criminal offence to punish administrative authorities, the See the Federal Agency for the Seizure of seizure or seizure and issue a warning.

(2) In the event of seizure or seizure, the containers, if the technical possibility is given for this, shall be sealed in such a way that a change in the content without violating the seal is not possible.

(3) If the sealing is not technically possible, or in the case of products in bottles, the seizure or freezing shall be recorded in a transcript.

(4) The seizure or seizure shall be subject to a record in which the products and containers seized or seized shall be described. The confiscated or seized products and the seized or seized containers shall be followed by a breakdown or a second copy of the minutes. The party must also draw attention to the criminal-law consequences of a withdrawal of the seized or seized product, or a removal or injury of the seal.

(5) The provisions of paragraphs 1 to 4 and section 51 (1) and (5) shall also apply to substances in accordance with § 38 and wine treatment products as well as to equipment for wine treatment or oenological practices. Subject to the conditions laid down in paragraph 1, other objects which may be considered as evidence may be confiscated or seized without prior administrative proceedings in accordance with Section 47 (8), if this is the case. Proof of evidence must be provided. The provisions of paragraphs 3 and 4 shall apply mutatily.

(6) The Bundeskellereiinspector (Bundeskellereiinspector) has to seal up the operating rooms or means of transport if the measures in accordance with paragraphs 1 to 5 do not apply, if the risk is in default, or if the information is refused.

(7) In the case of the provisional seizure pursuant to para. 1 or 5, the Bundeskellereiinspektion shall immediately report to the District Administrative Authority, but in the case of the freezing of paragraph 1 or 5, however, the Public Prosecutor's Office shall inform the District Administrative Authority of the To report, depending on whether the breach is a criminal offence or an administrative transgressive. In the event of an administrative surrender, the provisional seizure shall be issued if a notice of seizure of the seizure is not issued within four weeks.

Right of disposal of the items seized or seized

§ 51. (1) The right of disposal of the products and containers seized or seized, wine treatment products, certain substances and objects shall be the Bundeskellereiinspector, and if the infringement constitutes an administrative surrender, the right of disposal shall be Release of the seizure modesty within the meaning of section 50 (7) of the authority which has the seizure. If the infringement is a criminal offence, the right of disposal shall be filed with the Public Prosecutor's Office, from the date of arrival of the report, to the Court of First Instance, from the date of the charge. If the opinion of the Federal Office of Viticulture in Eisenstadt or the Higher Federal Institute of Wine and Fruit Construction in Klosterneuburg does not provide any information, the Bundeskellereiinspector shall immediately ensure that the Federal Office of Wine and Fruit Construction , If the Bundeskellereiinspector has already reported to the Public Prosecutor's Office about the freezing order, the freezing order has already been ordered or if he has requested a seizure notification or if such a decision has already been issued, he has the following to inform the competent criminal authority without delay of the submission of the notification.

(2) If the product has been confiscated or seized on suspicion of being transgressed against the labelling requirements, the provisional seizure, seizure or seizure shall be lifted if the party is in breach of the rules. Name removed or the missing correct name applied.

(3) The party shall be responsible for the caring of the products seized or seized by the cellar. Where care is required, the competent authority referred to in paragraph 1 shall be notified in good time. The cellar management of the products seized or seized may only be carried out under the supervision of the Bundeskellereiinspector (Bundeskellereiinspector).

(4) After the report has been submitted to the public prosecutor's office or after the release of a seizure certificate, the Bundeskellereiinspektor may only take samples in accordance with § 48 at the request of the competent criminal authority.

Examination of samples

§ 52. (1) The Bundeskellereiinspektor (Bundeskellereiinspektor) has the samples taken pursuant to § 48 and § 49, to the extent technically possible, with due regard for anonymity for examination to the Federal Office for Viticulture in Eisenstadt or to the Higher Federal Institute of Education and the Federal Office for To send wine and fruit trees in Klosterneuburg under the number assigned by him. The Federal Offices shall apply appropriate methods for the examination of samples in accordance with the state of science and technology in accordance with the legislation of the European Community. To the extent that they use outside competent persons, institutes or institutions for examination or evaluation, they shall expressly point out in their opinions. A transfer of other tasks of the Authority to third parties shall be subject to the approval of the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(2) The Federal Offices shall examine the samples submitted by the Bundeskellereiinspectors and have received a report and an opinion within four weeks (in the case of wine treatment funds within six months). Federal agency inspectors who have sent the samples to be sent. The Federal Office of Viticulture in Eisenstadt or the Höhere Bundeslehranstalt and the Federal Office of Wine and Fruit Construction in Klosterneuburg are to be informed about the outcome of any criminal proceedings.

(3) The opinions shall be based on the results of the analytical or other scientific study of the products in accordance with § 1 and their examination by means of the sample of the samples (full report). The examination of the sample may be omitted if it is not capable of contributing to the assessment of the case in accordance with the nature of the sample.

(4) The inside sample is to be carried out by the Commission. To this end, official wine tasting commissions are to be set up at the Federal Offices as required.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, with regard to Z 4 in agreement with the Federal Minister of Finance, has to apply for the Commission's Sinner Sample (tasting) by Regulation implementing provisions in which, in particular, provision should be made for:

1.		provisions concerning the establishment and composition of the wine tasting commissions, provided that a tasting presupposes the presence of the chairman or his deputy as well as of six oysters;
2.		the conditions for the appointment and the convening of the members of the wine-tasting commissions, in particular the coster-training and the koster examination and the duties of the members, with the Austrian Chamber of Agriculture being appointed as regards the Koster from the field of viticulture and the Austrian Chamber of Commerce in respect of the wines from the wine trade sector is to be given a right of proposal;
3.		the procedure for the submission, tasting and evaluation of the samples, with a view to the uniformity and readability of the decisions taken;
4.		the regulation of the rate of immigrant movement for the costers.

(6) If, according to the result of the investigation, there is a suspicion of a criminal offence, the Bundeskellereiinspektor has the opinion of the competent public prosecutor in the case of suspicions of another criminal offence. To report to the relevant district administrative authority. The Bundeskellereiinspektion (Bundeskellereiinspektion) is to be informed of the outcome of the criminal proceedings in detail (in particular the saying, justification and the amount of the sentence). If a complaint is made, it is not compulsory to issue the product if-by means of a permissible measure in the presence of the Bundeskellereiinspector-the product acquires the traffic capacity. The party shall be informed of the result of the investigation and of any indication of any kind. In the case of the suspicions of a punishable offence punishable by a minor administrative authority, the Bundeskellereiinspektor (Bundeskellereiinspektor) can cancel the complaint and issue a warning.

(7) The Bundeskellereiinspectors and persons who have been officially seized of the investigation or appraisal of the product in question or the examination or appraisal of the countersample of the product in question may only be considered as having Witnesses, but not as experts, are used.

(8) The Federal Minister for Agriculture, Forestry, the Environment and Water Management-according to the respective state of science-has, by means of a regulation, the methods for the examination of products in accordance with § 1 and the tolerances in the investigation of for ingredients and additives, if necessary to achieve satisfactory results, and a table for the determination of the natural alcoholic strength by volume (% vol.) of the Graden Klosterneuburger Mostwaage.

Compensation for samples taken

§ 53. In the case of the part of the samples taken to the official examination, the Bundeskellereiinspektion shall, after understanding by the person concerned, provide compensation, the amount of which shall be determined by the price of the product, the selling price at the place and the price of the specimen. However, the time of sampling may not exceed. Compensation shall be waived if the tested product has not complied with the provisions of this Federal Law, regulations based on the provisions of this Act or the provisions of the European Community on the products referred to in § 1.

Sub-search facilities

§ 54. (1) Without prejudice to the provisions of Section 52, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, by means of a Regulation as required, have investigative bodies, other appropriate institutions or experts who shall be responsible for: to identify and empower the appropriate laboratories to carry out, for the purposes of the tasks listed below, products in accordance with § 1 and to submit or issue findings, opinions and certificates on the outcome of this investigation:

1.		Award of the State Examination Number,
2.		Examination on the occasion of importation,
3.		Examination on the occasion of export,
4.		Testing of samples of private rehearsals.

(2) For the purpose of carrying out the tasks described in paragraph 1, the analytical or other scientific investigation and the examination by the investigative institution by the examination of the samples shall not be carried out, the product of a Commission shall be: To be subjected to the sample. To this end, the investigative institution of a wine tasting commission has to be served. The provisions of Section 52 (5) shall apply to this Commission.

Mostwäger

§ 55. (1) The Bundeskellereiinspektion (Bundeskellereiinspektion) may be used, in particular for the control of the reading material intended for the production of wine, as well as the harvest and inventory reports, of suitable auxiliary organs (Mostwäger), which the Federal Minister for Land and Land Affairs and Forestry, the environment and water management. The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall determine the amount of compensation for these aid organs by means of a regulation.

(2) For this purpose, only persons who have

1.		the 19. have completed their life year,
2.		fulfil the necessary professional, mental, physical and character requirements,
3.		are trustworthy and
4.		the successful visit of a course course organized by the Federal Ministry of Agriculture, Forestry, Environment and Water Management, which provides the necessary knowledge for the control activities of a mostguard.

Applicability to fruit wine products

§ 56. The provisions of § § 46 to 48 and § § 50 to 54 shall also apply to fruit wine products.

Part 4

Criminal provisions

Section 1

Judicial Criminal Provisions

Criminal offences

§ 57. (1) Who

1.		the placing on the market of products which are capable of road traffic in accordance with Article 18 (1) Z 1, 2, 3 or 4,
2.		In accordance with Article 43 (1) (1) (1), (2), (3) or (4), put on the market,
3.		For the purpose of deception, a state test number contrary to § 25 unauthorized use,
4.		, for the purpose of deception, use, imitate or transfer confirmations pursuant to section 12 (6), or use the banderole or banderole-like characters contrary to § 30,
5.		As a farmer, deputy or representative, the provisions of Section 11 (4), § 12 (7), § 47 (6) or (8) or § 48 (1) are contrary to the law,
6.		Products in accordance with § 1 which are not of sound quality, offer or supply direct human consumption,
7.		in the case of producers or distributors of products which are not of sound quality, stored or transported in accordance with Article 10 of Regulation (EC) No 606/2009,
8.		use oenological practices and treatments which are not authorised in accordance with Regulation (EC) No 1234/2007, other provisions of the European Community or this Federal Act, or
9.		Products referred to in Article 1 of Regulation (EC) No 1234/2007, contrary to Annex XVb A 1 of Regulation (EC) No 1234/2007,
if the act is not punishable by any other provision with a stricter penalty, it is punishable by the court with a custodial sentence of up to six months or a fine of up to 360 days ' rates. If the conviction is subject to a custodial sentence in order to prevent the perpetrator from carrying out further criminal acts or to counteract the commission of criminal acts by others, the term of imprisonment may impose a fine of up to 360 days ' essays . The fine may possibly exceed the benefit that the offender has achieved or wanted to achieve through the criminal act.

(2) If paragraph 1 is inapplicable only because the offence is subject to a stricter penalty, the penalty shall be determined in accordance with the first paragraph of this Article if, however, a custodial sentence is found to be punishable by a custodial sentence, in addition, a fine to be measured in accordance with paragraph 1 of this Article.

(3) Anyone who is negligent in committing an offence pursuant to paragraph 1, Z 1, 2, 6, 7, 8 or 9 shall be punished with a fine of up to 360 daily rates.

(4) In the case of a criminal offence pursuant to Section 57, the publication of the judgment in one or more periodic printing units at the expense of the convicted person shall be recognised if the offender has already been convicted twice for acts which: is based on the same harmful inclination as the deed act, and according to the person of the perpetrator and the nature of the act, it is to be feared that the perpetrator will continue to commit crimes under this federal law with not only slight consequences. It is also evident from the publication of the judgment if the offender is convicted after a criminal law which is threatened with tighter punishment and, in view of this, a conviction under section 57 is not required. The decision on the publication of the judgment forms part of the appeal of the sentence.

(5) Persons who have been convicted of criminal offences under para. 1 or 2, or who have not been convicted under those provisions only because the act was under threat of punishment under other provisions, may be subject to the commercial authorization shall be withdrawn for a certain period or in the long term by the authority responsible for the withdrawal of the industrial authorization; in addition, such persons may be held responsible for the storage of other beverages in the form of wine in the premises of the retrospective shall be prohibited by this authority. The courts shall inform such judgments after the validity of the competent authority responsible for the withdrawal of the right of business.

Recovery

§ 58. (1) Products which have been the subject of a criminal offence pursuant to section 57 shall be drawn in.

(2) Such products, which are incapable of transport, shall also be used if no person can be prosecuted or convicted of the offence.

(3) However, the products forming the subject-matter of the proceedings shall also be drawn in if they are incapable of transport and are not sentenced in criminal proceedings or if no particular person is persecuted for the offences punishable by punishment, or can be condemned.

Recovery

§ 59. (1) The Court of First Instance shall decide on the recovery of the products withdrawn, after consultation of the Bundeskellereiinspector (Bundeskellereiinspector). Where possible, the convicted person and the persons affected by the confiscation shall also be given the opportunity to submit applications. No legal remedy is open to the decision.

(2) The products withdrawn shall be destroyed:

1.		products containing substances which are harmful to health,
2.		regexed wines and
3.		other products, if their recovery is likely to be misused, or the recovery cannot be expected to exceed the recovery costs of the proceeds of the recovery.

(3) All other products must be used in such a way that their use as foodstuffs, even in processed form, is excluded. However, processing into distillate or vinegar is permissible if a hazard to human health can be excluded.

(4) In the case of the beneficial exploitation of the products recovered, the proceeds shall be subject to the deduction of the expenses associated with it and the costs of the criminal proceedings which are otherwise ineligible, as well as the public charges on the matter and the costs of the criminal proceedings. of similar liabilities to the Federal Government, or, if the Court of First Instance has recognised this, to follow the person affected by the confiscation.

(5) The implementation of the decision and the monitoring of recovery shall be the responsibility of the Court of First Instance. The Bundeskellereiinspektor is here to hear.

(6) With the consent of all concerned parties, the court may already have, before a final conclusion of the criminal proceedings against a particular person, on request or on its own account, products seized or seized. The quantities required for the purposes of the recovery shall be provisionally excluded from the recovery.

(7) In the case of wine which is processed into distillate, the wine must be treated with a minimum of 2 g of sodium chloride per litre.

Cost

§ 60. (1) If, due to the results of a review or the examination of a sample taken, a procedure is established in accordance with the Code of Criminal Procedure in 1975, BGBl. No 631/1975, if the costs of the criminal proceedings are not borne by the Federal Government, shall be paid a fee for the purpose of carrying out the re-examination and taking the sample. This fee forms part of the cost of the criminal proceedings and is to be driven by the party responsible for the cost of the cost.

(2) The amount of the fee shall be fixed by regulation in such a way that the travel costs to be calculated in accordance with the general rules on the travel fees of the federal staff and the average cost of taking a sample shall be full. Find coverage.

(3) The replacement of the costs incurred by the investigative bodies arising from the examination and evaluation of officially drawn samples, as well as the fees paid by the representatives of the investigative bodies of the local authorities as legal experts shall be Federal revenue.

Section 2

Administrative criminal proceedings

Administrative transgressions

§ 61. (1) Who

1.		In accordance with Article 2 (2) or repeatedly contrary to § 3 (6), the products are placed on the market under conditions which are not perfectly hygienic,
2.		Placing a storm or grape must on the market, contrary to the provisions of Section 7;
3.		, as defined in a Regulation Article 27 of the Regulation on the forms or the provisions laid down in a Regulation Article 28 of the Treaty on the carriage of wine products is contrary to the provisions of Article 28 of the Treaty
4.		the appointment according to § 29 (1) or the inventory reports pursuant to § 29 (2) shall not be reimbursed up to a prescribed date or not properly,
5.		in contrary to the provisions of § 30, quality wine shall be held or sold for sale,
6.		records in accordance with § 31 (1), (2), (3) or (4) or contrary to the provisions of a regulation in accordance with § 31 (5), or
7.		the entry and exit books as prescribed in § 44 do not properly lead or do not retain the prescribed period of time,
If the deed is not threatened by any other provision with a stricter penalty, an administrative surrender and a fine of up to € 1 820 is to be punished by the district administrative authority.

(2) Who

1.		products listed in accordance with § 1 unlawful grape must, concentrated grape must, rectified concentrated grape must or sugar added, with the exception of sugar added to and placed on the market of predicate wines,
2.		Contrary to the provisions of a regulation in accordance with § 3 para. 2 or wine treatment products, contrary to § 3 (4),
3.		products according to § 1, which contain substances which exceed the specified amount by means of a permissible treatment or which have been transferred to the consumer in accordance with Section 3 (5),
4.		is contrary to the provisions of § 6 or is placed on the market in breach of the provisions relating to the manufacturing rules referred to in § 8,
5.		Shall be placed on the market, contrary to the provisions relating to the manufacturing rules referred to in § 9,
6.		the quality wine is placed on the market in breach of the provisions relating to the manufacturing rules referred to in Article 10 (1) or (5);
7.		In contradistinction to the provisions relating to the manufacturing requirements referred to in Article 11 (1) or (2) (1), (2) or (3), shall be marketed,
8.		Placing on the market the dealcoholized wine or low-alcohol wine contrary to the provisions relating to the manufacturing rules referred to in § 14;
9.		Placing the test wine on the market, contrary to the provisions of § 15,
10.		a wine without a protected designation of origin or a geographical indication with the indication of vine variety (s) or vintage or country, quality or predicate wine shall be placed on the market, contrary to the provisions of section 23;
11.		storing or storing non-wine-related substances or mixtures of such substances or unauthorised wine-processing products, contrary to the provisions of section 32;
12.		shall be contrary to the provisions of section 33 (1) or of a regulation pursuant to § 33 (2) or § 34 (1) or (2),
13.		Placing on the market fruit wine contrary to the provisions laid down in § 35,
14.		Chernobyl wine, to which sugar, fruit juice or fruit juice concentrate has been added, which has been added to the consumer, contrary to the provisions of section 36 (2) (2) (z);
15.		A stone fruit, berry fruit or fruit wine, to which sugar, fruit juice or fruit juice concentrate has been added contrary to the provisions of section 36 (3) Z 2, to the consumer,
16.		spoiled fruit wine pursuant to section 42 (1), (2) or (3) or a section of fruit wine with spoiled fruit wine in accordance with Article 43 (1) (1) (6) of the Regulation;
17.		shall give off to the consumer a restricted type of fruit wine according to § 42 (4) or (5); or
18.		Exports of predicate wines or spends in other Member States of the European Community without having carried out a notification in accordance with Article 49 (1), or make any changes contrary to § 49 (3),
If the deed is not threatened by any other provision with a stricter penalty, an administrative surrender and is punishable by the district administrative authority with a fine of up to 7 270 €.

(3) An administrative surrender which is to be punished by the district administrative authority such as the transgressions as referred to in paragraph 1, unless the act is threatened after another provision with tighter penalty, who

1.		Products according to § 1, the designation, equipment or presentation of which does not comply with the provisions of § 8, § 9, § 10, § 13, § 14, § 19 para. 1, 2 or 3, § 20 or § 21, available for sale or surrenders,
2.		Give the award to the consumer before the date stated above, contrary to Article 11 (3) of this Directive,
3.		shall be contrary to the provisions of Section 12;
4.		shall be contrary to the provisions laid down in Article 17 (4) in respect of gunmen or gunmen,
5.		shall be contrary to the provisions of a regulation in accordance with Section 22;
6.		Contrary to § 25 (4), contrary to § 25 (4), contrary to § 25 (4), contrary to § 25 (6) of the wine, contrary to § 25 (11), contrary to § 25 (11) the state test numbers are not removed or the banderole or the banderole is used. banderole-like signs contrary to § 30 for purposes other than for the purpose of deception;
7.		Fruit wine, the name of which is not in accordance with the provisions of section 37, shall be available for sale or made available for sale,
8.		shall be contrary to the provisions of a Regulation pursuant to Section 38 (1) or (2);
9.		Placing high-quality wine on the market, contrary to the provisions of section 39, or
10.		Fruit must be placed on the market, with a reference to traditional peasant production, contrary to the provisions of § 40.

(4) Anyone who has a provision in Regulation (EC) No 1234/2007, Regulation (EC) No 555/2008, Regulation (EC) No 436/2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, the mandatory Reports and the collection of information on market surveillance, accompanying documents relating to the carriage of wine products and the records of import and output books in wine-growing, OJ C 327, 30.4.2004, p. No. 15, to Regulation (EC) No 606/2009 or to Regulation (EC) No 607/2009, unless the action of a criminal offence under the jurisdiction of the courts has been complied with, a Administrative surrender and shall be punished by the district administrative authority with a fine of up to 7 270 €.

(5) The prosecution of a person for one of the administrative transgressions referred to in paragraph 1 to 4 shall be inadmissible if no prosecution has been carried out against it within the year.

Verfall

§ 62. (1) In the event of a transgressing according to § 61, the decay of the product, the fruit wine, the wine treatment products, the packaging, the labels, the advertising material and the substances according to § 32 as well as of plants for wine treatments can be carried out in the criminal case. or oenological practices (hereinafter referred to as "objects") which are the subject of the procedure. If the seizure cannot be carried out differently, containers which are not subject to the decay and in which the confiscated objects are located can also be provisionally seized; however, they are to be returned to the test. The expletion of the decay shall be carried out in the case of criminal prosecution. In the case of a declaration of failure in respect of objects, a commitment to recovery or destruction under the supervision of the Federal Office of the German Cellar Inspector must at the same time be declared within a period to be determined. If the objects to which the decay is to relate are the property of a third party or if third parties have urgent rights to the object, they shall also be party to the administrative criminal proceedings.

(2) If at least one party is legally convicted, it shall also have all the costs of the expiry measures and the recovery measures such as the transport, storage, recovery, disposal or supervision of the monitoring body at the level of the Tariff in accordance with § 64.

The district managing authority shall have the goods seized by it, including the bottles, the containers, packaging, labels, closures and advertising materials not to be separated from the items as To declare the security measure expired, unless the objects are obtained by means of a permissible treatment, by the rectification of the designation or the affixing of the missing designation, the condition for the ability to transport. In the case of criminal prosecution, the corresponding recovery measure must be recognized under the supervision of the Federal Office of the German Federal Office for a reasonable period of time under the supervision of the Federal Office of the Federal Office. The Bundeskellereiinspektor is to be heard. In any case, objects shall be declared to be expired if:

1.		whose ability to transport cannot be regained,
2.		illegal sugar has been added,
3.		Verdorbenheit according to § 6 or § 42 is available or
4.		the recovery measure has not been carried out or has not been carried out completely until the time of the deadline.

(4) If the prosecution or sentencing of a particular person is not admissible or cannot be carried out, the provisions permitted under (1) and (2) may be taken independently.

Recovery

§ 63. (1) Prior to the exploitation of the objects declared for expired, the district administrative authority shall hear the Bundeskellereiinspektor.

(2) The objects declared to be expired shall be destroyed by those whose exploitation would expect abuse or would not be expected to exceed the cost of the proceeds of the proceeds of the proceeds.

(3) All other products are to be used in such a way that their use as food is excluded, including through processing. This provision shall not apply to the processing to distillate or vinegar if this is harmless to health.

(4) A proceeds resulting from the recovery shall be granted to the person entitled to dispose after deduction of the costs of transport, storage, utilisation and disposal.

(5) Distillate which is processed into distillate shall be treated with at least 2 g of sodium chloride per litre.

Cost

§ 64. (1) If, on the basis of the results of a review or examination of a sample taken, it is determined that the provisions of this Federal Act, the regulations based on it or the provisions of the European Community, are applicable to: The party shall bear the costs of the retrospective, the sampling and the examination, in accordance with § 1, which has been infringed and that this infringement is to be punished by an administrative authority.

(2) The amount of the costs shall be determined in agreement with the Federal Minister of Finance by Regulation, in accordance with the provisions of Section 60 (2) of the Federal Minister for Agriculture, Forestry, Environment and Water Management. This replacement of the costs is revenue of the federal government.

Part 5

Promotions

Promotion of the wine industry from federal funds

§ 65. (1) For the promotion of the wine industry, federal funds may be made available for the following purposes:

1.		promotion of sales of products,
2.		promotion of quality production,
3.		Promotion of measures to repair damage caused by winter frost.

(2) The implementation of the support measures must be carried out in accordance with the principles laid down in § § 66 to 68.

Handling of the promotion

§ 66. The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be entitled to consider relevant legal entities in which it is ensured that the Federal Government has a decisive influence on the control of the management, which shall be responsible for Transfer of funding in the name and for the account of the federal government, if the aim is to achieve the aim of promoting economic, economical and more appropriate delivery; in addition, it may also carry out the implementation of measures taken by those entities if this is necessary in the interest of wine sales.

Grant of support

§ 67. (1) The Federal Minister of Agriculture, Forestry, the Environment and Water Management shall be responsible for granting federal funding (hereinafter referred to as the funding) and the control of its use.

(2) The support shall be granted in the grant of grants. These may be granted as grants to the costs of the support measures (aid) or as grants to the borrowing costs (interest rate subsidies). Aid and interest subsidies may also be granted side-by-side for the same project.

(3) Promotion may only be granted if, in particular:

1.		the conditions for the successful implementation of the measures are met and
2.		the measure without funding from federal funds could not be carried out or could not be carried out to the necessary extent.

(4) The Federal Government shall make available funds for support measures within the meaning of this Act if the country in question provides country funds for each individual support measure to the extent of two-thirds of the federal funds.

(5) The financing shares of the Federal Government and the Länder, deviating from paragraph 4, for individual support measures may be provided for in an agreement which the Federal Government is responsible for on the basis of a joint proposal by the Länder of Burgenland, Niederösterreich, Steiermark and Vienna; in so doing, it is also possible to include funds financed exclusively from state funds on the country's share. However, this agreement shall ensure that, for each financial year and federal state, the totality of the support measures is financed by the country concerned to the extent of two-thirds of the federal funds.

(6) All the documents required for the assessment referred to in paragraph 3 shall be connected to the request for assistance.

(7) There is no legal entitlement to the grant of a grant under the provisions of this Part.

Promotion Policies

§ 68. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has-in agreement with the Federal Minister for Finance-to adopt more detailed rules on the implementation of the funding (support guidelines).

(2) The Directives should be brought to the attention of the Court of Auditors. The release of the directives and the place where they are to be viewed shall be published in the "Official Journal of the Wiener Zeitung".

Part 6

Transitional and final provisions

Data traffic and fee waiving

§ 69. (1) Personal data within the meaning of the Data Protection Act 2000, BGBI. I n ° 165/1999, which have been determined in full by this federal law or in the case of the business of private business administration on the basis of this federal law, are to be applied to organs of the federal government, the Länder, the municipalities and other bodies. To the extent that such data constitute an essential condition for the consignee to carry out tasks carried out in accordance with the law in accordance with the law of the public authorities.

(2) The entries and certificates directly prompted by this Federal Act are exempt from the stamp fees.

Relationship with other legislation

§ 70. Through this federal law, the federal law is against unfair competition, BGBI. No 448/1984.

References to legislation

§ 71. (1) The following legislation of the European Community shall be implemented or implemented by this Federal Act:

1.		Directive 2000 /13/EC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, OJ L 139, 30.4.2000, p. No. OJ L 109, 6.5.2000 p. 29;
2.		Directive 94 /36/EC on colouring matters which may be used in foodstuffs, OJ L 206, 22.7.1994, p. No. OJ L 237, 10.9.1994 p. 13;
3.		Directive 94 /35/EC on sweeteners for use in foodstuffs, OJ L 206, 22.7.1994, p. No. OJ L 237, 10.9.1994 p. 3;
4.		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.
5.		Regulation (EC) No 555/2008 laying down detailed rules for the application of Regulation (EC) No 479/2008 on the common organisation of the market in wine, as regards support programmes, trade with third countries, production potential and control in the Wine sector, OJ No. OJ L 170, 30.6.2008, p. 1;
6.		Regulation (EC) No 436/2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, the compulsory notifications and the collection of information on market surveillance, the accompanying documents for the transport of wine-growing products and the wine-making and output books, OJ L 327, 30.4.2002, p. No. OJ L 128, 27.5.2009, p. 15;
7.		Regulation (EC) No 606/2009 laying down detailed rules for the application of Regulation (EC) No 479/2008 as regards the categories of wine products, the oenological practices and the restrictions thereto, OJ L 327, 31.12.2009, p. No. OJ L 193, 24.7.2009, p. 1;
8.		Regulation (EC) No 607/2009 laying down detailed rules for the application of Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms and the labelling and presentation of certain products Wine products, OJ No. OJ L 193, 6.6.2009 p. 1.

(2) Insofar as other legislation is referred to in this Federal Act, they shall be applied in their respectively applicable version.

(3) The following directly applicable legislation, insofar as it relates to the scope of application of this Federal Law, shall be carried out within the framework of this Federal Law:

1.		Regulation (EC) No 466/2001 laying down maximum levels for contaminants in foodstuffs, OJ L 145, 30.4.2001, p. No. OJ L 77, 16.3.2009 p. 1;
2.		Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety, OJ L 327, 31.12.2002, p. No. OJ L 31, 1.2.2002, p. 1;
3.		Regulation (EC) No 852/2004 on the hygiene of foodstuffs, OJ L 349, 31.12.2004 No. OJ L 226, 25.6.2004, p. 3;
4.		Regulation (EC) No 882/2004 on official controls to verify compliance with food and feed law, animal health and animal welfare rules, OJ L 327, 30.11.2004, p. No. OJ L 165, 30.4.2004 p. 1;
5.		Council Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food and feed of plant or animal origin and amending Directive 91 /414/EEC, OJ L 327, 31.12.1991, p. No. OJ L 70, 16.3.2005, p.1;
6.		Regulation (EC) No 1924/2006 on nutrition or health claims made on foods, OJ L 327, 30.12.2006, p. No. OJ L 404, 30.12.2006 p. 9;
7.		Regulation (EC) No 1332/2008 on food enzymes and amending Directive 83 /417/EEC, Regulation (EC) No 1493/1999, Directive 2000 /13/EC, Directive 2001 /112/EC and Regulation (EC) No 258/97, OJ L 136, 30.4.2008, p. No. OJ L 354, 31.12.2008, p. 7;
8.		Regulation (EC) No 1333/2008 on food additives, OJ L 327, 31.12.2008, p. No. OJ L 354, 31.12.2008, p. 16;
9.		Regulation (EC) No 1334/2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods, and amending Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000 /13/EC No. OJ L 354, 31.12.2008, p. 34;
10.		Regulation (EC) No 491/2009 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products, OJ L 327, 31.12.2009, p. No. OJ L 154, 25.5.2009, p. 1.

Transitional provision

§ 72. Regulations, which are based on the Wine Act 1985 or the Wine Act 1999, BGBI. I n ° 141/1999, remain in force as federal laws until the regulations governing their subject-matter will be effective on the basis of this Federal Act.

Enforcement

§ 73. Unless expressly stated otherwise in this Federal Act, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, but in matters relating to the scope of action of another, shall be responsible for the implementation of the provisions of the Federal Minister for Agriculture, Forestry, the Environment and Water Management Federal Minister for Foreign Affairs of the Federal Republic of Germany.

Override

§ 74. With the entry into force of this Federal Act, the Wine Act 1999 on the circulation of wine and fruit wine (Wine Act 1999), BGBl. I No 141/1999, with the exception of the constitutional provision of section 29 (quantitative restriction), except for force.

Fischer

Faymann