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

Pursuant to § § 4 (1) Z 1, 5, 7 (3) and 21 (2) of the Marketing Normengesetz-VNG, BGBl. I n ° 68/2007, is being prescribed in agreement with the Federal Minister for Health, Family and Youth and the Federal Minister for Economic Affairs and Labour:

Scope

§ 1. (1) The provisions of this Regulation shall be used for the implementation of the following acts of the European Communities adopted under the common organisation of the market in eggs:

1.		Council Regulation (EC) No 1028/2006 laying down marketing standards for eggs, OJ L 210, 31.7.2006, p. No. OJ L 186, 7.7.2006, p. 1 and
2.		Commission Regulation (EC) No 557/2007 laying down detailed rules for the application of Council Regulation (EC) No 1028/2006 laying down marketing standards for eggs, OJ L 327, 30.12.2007, p. No. OJ L 132, 24.5.2007, p. 5.

(2) This Regulation shall not apply to eggs produced by the producer by:

1.		Abhof sale or
2.		Sale at the door
directly to the final consumer.

(3) In the case of eggs, this Regulation shall not apply to eggs which the producer directly makes available to the final consumer by means of sales on a local public market, except for the labelling of the individual eggs in accordance with § 5.

(4) In the case of para. 2 and 3, no sorting according to quality or weight classes may be carried out.

Invoices, delivery notes or other transport accompanying documents

§ 2. In invoices, delivery notes or other transport accompanying documents, with the exception of papers of the above-mentioned type of retail trade, the quality and weight classes under which the eggs are delivered, sold or otherwise sold shall be indicated. have been brought.

Advertising

§ 3. In public notices or in communications intended for a wider circle of persons, eggs shall not be advertised without specifying the quality and weight classes, provided that prices are indicated directly on the basis of refer to a weight unit.

Market quotations

§ 4. Exchanges, administrations of public markets or other bodies carrying out official or statutory price quotations or price fixing for eggs shall be obliged to make their quotations or findings the quality of the and weight classes.

Marking of eggs

§ 5. (1) Class A eggs shall be marked with a producer code in accordance with the first subparagraph of Article 4 (1) of Regulation (EC) No 1028/2006.

(2) The producer code shall consist of:

1.		the supporting code for the holding system referred to in point 2.1 of the Annex to Directive 2002/4/EC on the registration of laying hens operated in accordance with Council Directive 1999 /74/EC, OJ L 201, 31.7.1999, p. No. 44, as amended by Directive 2006 /83/EC, OJ L 311, 28.11.2006, p. No. OJ L 362, 20.12.2006, p.97 and
2.		the identification number of the producer holding, which is the code "AT" for Austria in accordance with point 2.2. of the Annex to Directive 2002/4/EC and the operating number according to the LFBIS Act, BGBl. No 448/1980 in the current version.

(3) Class B eggs shall be eggs referred to in the second subparagraph of Article 4 (1) of Regulation (EC) No 1028/2006

1.		the producer code referred to in paragraph 2 and/or
2.		of the indication provided for in Article 10 of Regulation (EC) No 557/2007.

(4) The marking of eggs of grade B according to paragraph 3 (2) by means of a coloured dot is followed by the fact that the chosen colour has to be clearly separated from the surface of the egg. However, the use of black color is not permitted.

(5) In the case of direct delivery of the eggs from the producer holding to processing plants in the food industry, pursuant to Article 11 (2) of Regulation (EC) No 557/2007, from 1 July 2008, the eggs shall be delivered by the competent district administrative authority (hereinafter referred to as "the following"). (authority) to grant an exemption from the labelling requirement.

Approval of producers

§ 6. (1) In accordance with Directive 2002/4/EC, the Authority shall, for the purposes of the proper labelling of eggs, register producer establishments and, at the same time, assign the latter to their producer code (Article 5 (2)). In particular, the minimum requirements set out in Annex II to Regulation (EC) No 557/2007 shall be taken into account.

(2) Producer undertakings shall provide the authority with the information required for registration in accordance with point 1. of the Annex to Directive 2002/4/EC. Producers already registered shall notify the Authority immediately of any change in the data collected.

(3) The registration as a producer shall be withdrawn by the Authority if:

1.		the conditions for authorisation are no longer met; or
2.		Registered producers shall not notify any changes to the data collected.

(4) The registration of the producer holdings shall be carried out via the electronic database of the Austrian Poultry Health Service (Österreichische Qualitätsgewing Association, QGV). The database shall be kept constantly up-to-date in the area under consideration by the Authority, by entering, where appropriate, new data.

(5) For the purpose of the traceability of eggs, the inspection bodies and the bodies responsible for the enforcement of veterinary and food law shall, in so far as this is necessary for the performance of the tasks entrusted to the law, access to the electronic database. In addition, the Federal Minister for Agriculture, Forestry, Environment and Water Management (hereinafter referred to as the Federal Minister) has access to these data stored in the database.

Approval of packing centres

§ 7. (1) Packages shall be permitted by the Authority in accordance with Article 5 (2) of Regulation (EC) No 1028/2006 and under the conditions laid down in Article 5 (1) of Regulation (EC) No 557/2007.

(2) The identification number to be issued in accordance with Article 5 (2) of Regulation (EC) No 557/2007 shall, in accordance with the initial code established by 'AT' for Austria in accordance with point 2.2. of the Annex to Directive 2002/4/EC, be the first body to have the initial code for each of the State the province of the following specific number:

1.		Burgenland							1
2.		Carinthia							2
3.		Lower Austria							3
4.		Upper Austria							4
5.		Salzburg							5
6.		Steiermark							6
7.		Tyrol							7
8.		Vorarlberg							8
9.		Vienna							9

The other bodies of the identification number shall be determined by the Authority in such a way as to enable the individualisation of each approved packing centre. The coordination required for this task is the responsibility of the Governor.

(4) The Authority shall withdraw the packing mark identification number if:

1.		the conditions for authorisation are no longer met; or
2.		registered packing sites do not communicate changes to the data collected.

(5) The registration of the packing centres is to be carried out by means of the QGV database. This is to be kept up-to-date within the meaning of Section 6 (4). With regard to access to the data collected in this way, Section 6 (5) shall apply mutadenly.

Reporting and reporting requirements

§ 8. (1) The control bodies shall communicate to the Federal Minister, by means of the Governor of the State, using a form laid down by the Federal Minister, annually in electronic form up to 31.1. of the following year, the number of cases referred to in Regulation (EC) No 557/2007 and the results of the checks carried out.

(2) The control bodies shall have the Federal Minister for any observed infringement which, in accordance with Article 32 of Regulation (EC) No 557/2007, may be liable to affect intra-Community trade, and any reasonable suspicion thereof. to report immediately by electronic means.

Criminal provisions

§ 9. (1) An administrative surrender within the meaning of section 21 (2) of the marketing standards act is concerned.

1.		, contrary to Article 1 (4), eggs shall be placed on the market, with the indication of quality or weight,
2.		Contrary to § 2 in invoices, delivery notes or other transport accompanying documents does not indicate the respective quality and weight class,
3.		, contrary to § 3 for eggs without indication of the relevant quality and weight class,
4.		Contrary to § 4 price quotations or price fixing for eggs, the prescribed quality and weight class shall not be used,
5.		in accordance with Article 6 (1), as the person responsible for a producer establishment, uses a producer code which has not been granted or withdrawn from the producer;
6.		Contrary to § 7, the person responsible for a packing centre uses an identification number which has not been granted or withdrawn from him.

(2) An administrative surrender within the meaning of paragraph 1 shall also be applied to the person who infringes Regulation (EC) No 1028/2006 by:

1 .		, contrary to Article 3 (1), eggs shall not be placed on the market in accordance with the prescribed quality classes,
2.		contrary to Article 3 (2) in conjunction with Article 4 (1) of Regulation (EC) No 557/2007 Eggs of quality class A, provided that they are not supplied to undertakings in the food and non-food industry, not in accordance with the requirements laid down in Placing weight classes on the market,
3.		Contrary to Article 3 (3), quality class B eggs shall be sent to undertakings other than those of the food and non-food industry,
4.		, contrary to Article 4 (1), first subparagraph, the placing on the market of eggs of quality class A without identification with the producer code,
5.		, contrary to the second subparagraph of Article 4 (1), the eggs of quality class B are placed on the market without identification with the producer code or without another indication, as laid down in Article 10 of Regulation (EC) No 557/2007, and
6.		, contrary to Article 6 (1), second sentence, eggs without identification with an individual number are introduced.

(3) An administrative surrender within the meaning of paragraph 1 shall also be applied to those who are in breach of Regulation (EC) No 557/2007 by:

1.		contrary to Article 5 (1) without authorisation (permit) eggs are sorted or packed,
2.		contrary to Article 6 (3), the date of minimum durability of the eggs in accordance with Article 13 does not indicate at the time of packaging or otherwise truthful,
3.		Transport packagings not or not with all according to Art. 7 para. 1 lit. a to e indicates the information to be provided;
4.		eggs of grade A and, provided that the eggs of class B are marked solely by this code, with the producer code, contrary to the manner prescribed in Article 9 (1);
5.		eggs of quality class B, provided that they are not marked with the producer code, with an indication contrary to the requirements of Article 10 or, contrary to § 5 (4) of this Regulation, marked with black colour,
6.		contrary to Article 12 (1) or (2), packaging with eggs of quality class A does not indicate the required information,
7.		contrary to Article 12 (4), packaging with eggs of quality class B does not indicate the required information,
8.		is placing on the market, contrary to the conditions laid down in Article 14, "Extra" packaging,
9.		contrary to Article 15, on packaging without complying with the mandatory requirements for laying hens,
10.		contrary to Article 16 in the case of loose sales, does not specify the required information,
11.		In the case of industrial eggs contrary to Art. 18,
12.		contrary to Article 19, wrapped eggs of quality class A without being approved as a packing centre,
13.		as the person responsible for the establishment of a producer, a collection point or a packing centre, in accordance with Articles 20, 21 or 22, the leading register shall not, or shall not, or, contrary to Article 23, keep such records not the minimum required time limit kept,
14.		Eggs shall be introduced, contrary to the labelling prescribed in Article 30 (2), and
15.		Packaging with eggs which are imported shall not be marked in accordance with Article 30 (3).

Final destination

§ 10. With the entry into force of this Regulation, the Regulation on marketing standards for eggs, BGBl. II No 347/2004, as amended by the BGBl version. I n ° 68/2007, except for force.

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