68. Federal law on the classification and labelling of agricultural products for the purpose of marketing (marketing standards Act - VNG)
The National Council has decided:
Table of contents
1. main piece
Principles and requirements for agricultural products
General terms and conditions
Article 1 purpose and scope article 2 definitions article 3 releases under Community law 2 section
§ 4 product properties section 5 other provisions article 6 classification article 7 exceptions from the scope of regulations 2. main piece
Import, export and domestic control
§ 8 import control section 9 export control section 10 2 domestic control section
§ 11 jurisdiction section 12 requirements for inspection bodies 3 section
Carrying out checks
Article 13 powers and duties of the supervisory bodies section 14 extent of inspection § 15 sampling section 16 special investigations section 17 attraction of experts article 18 duties of the designated section 19 measures article 20 fees 3. main piece
Criminal and final provisions
Section 21 offences section 22 foreclosure section 23 obligation 2. section
§ 24 references to other legislation article 25 relationship to other statutory provisions section 26 in force and preparing the enforcement section 27 except force § 28 transitional provision of § 29 references in other legislation article 30 transfer of supervisory bodies article 31 personal names § 32 enforcement clause
1. main piece
Principles and requirements for agricultural products
General terms and conditions
Purpose and scope
§ 1 (1) is this federal law
1. improved the promotion of production and improvement of quality products under ongoing adaptation to the State of the science and technology market overview and market transparency through the standardization of agricultural products with regard to the conditions of their production, their external characteristics, their packaging and their labelling in the framework of fair competition and 2nd.
(2) this Federal Act is the transposition and implementation of directly applicable legal acts of the European community about quality standards and trade classes, sales or marketing standards for agricultural products.
(3) this Act is also the standardization of agricultural products as regards the production conditions and characteristics as well as their packaging and labelling for the purpose of marketing, for this there are no directly applicable Community rules.
§ 2. For this Federal Act, the following definitions shall apply:
1. agricultural products are the products of the part 1, as well as the products of fishing and aquaculture of the part 2 of the annex. They will, if they are designed, to be brought on the market known as the products or goods.
2. marketing standards are rules on quality standards and trade classes, sales or marketing standards for agricultural products.
3. classes are graded and pooled at each level according to quality characteristics to a unit groups of quality, quality, commercial or marketing classes, agricultural products must meet to be brought under a certain name in traffic according to the degree of goodness.
4. the yard sale is the delivery of agricultural products from the farm directly by its operation or production facility to a consumer. A down yard sale does not exist, however, when the producer brings the products in roving (itinerant trade) or in transport markets.
5. placing on the market is the placing on the market in accordance with article 3 Z 8 of Regulation (EC) No. 178/2002 laying down the General principles and requirements of food law, establishing the European authority for food safety and establishing procedures to food safety, OJ No L 31 of the USSR p. 1, as last amended by Regulation (EC) No. 575/2006, OJ No. L 100 of the 08.04.2006 S. 3. The agricultural products listed in the annex under CN codes 0201, 0202, 0203 and 0204 (meat of bovine animals, pigs, sheep or goats) are marketed with the slaughter of the animals in a slaughterhouse.
6. processing operation is an operation in which a significant change of the goods is to be made.
7 import control is the monitoring of compliance with the directly applicable legal acts of the European Community concerning marketing standards for agricultural products, as well as the provisions of this Federal Act and the regulations adopted on its basis for the movement of goods from areas that do not belong the European Union customs territory within the scope of this federal law on the occasion of the clearance by the Customs authorities.
8. export control is the monitoring of the provisions referred to in no. 7 in the movement of Community goods from the scope of this federal law in third countries either at the place of loading and packaging or on the shipping stage.
9. domestic control is monitoring the provisions referred to in no. 7 including related approvals and registrations of establishments as well as control of classification activities for companies that bring products within the meaning of this federal law in traffic, and monitor the consumer information in the framework of the implementation of the common market organisation for fishery and aquaculture of the European Community.
Releases under Community law
3. (1) as far as legal instruments of the European Community within the meaning of § 1 para 2 intended refund notifications or reports or provide information to institutions of the European Community or third countries by a coordinating or central authority, is responsible the Federal Minister for agriculture and forestry, environment and water management.
2. the authorities referred to in article 11, paragraph 1 and 2 have the Federal Ministry of agriculture and forestry, to provide the information required for that purpose and information environment and water management, as well as to provide the corresponding information.
§ 4 (1) the Federal Minister for agriculture and forestry, environment and water management can in agreement with the Federal Minister for health, family and youth and the German Federal Minister for Economic Affairs and labour regulation
1 marketing standards for products for which there are no directly applicable Community rules, set required supplementary or related regulations to the execution and implementation of Community rules within the meaning of § 1 para 2, as far as these are determined by Community law, limited or determinable, adopted and 2 in accordance with § 1 para. 3.
(2) regulations made pursuant to paragraph 1 is Z 2, that marketing standards are set, to determine whether to track a particular product in full or whether they relate delimited groups of a product only on certain criteria in accordance with paragraph 4 above.
(3) If a product, different classes are determined, their designation to distinguish is to be selected so that no mistake can arise about the degree of goodness.
(4) the minimum properties of a product as well as the gradation of different quality must be made on the basis of distinct characteristics. When hiefür criteria can be determined in particular:
1 quality, 2. origin or origin, 3. manner and time of production, extraction, manufacture and treatment, 4. purity and composition, 5 size (dimensions or weight), 6 offer condition or packaging or 7 sorting.
(5) marketing standards apply only to specific groups of products (para. 2), that can be arranged, that the thereof not captured groups of this product solely for the purpose of processing or, if they are not suitable for that purpose, may be placed at all not in traffic.
(6) as far as the quality of the goods requires separate classifications according to various criteria, for that purpose, separate divisions of classes must be provided. The classes are to divide when it is appropriate to identify particular characteristics.
§ 5 (1) as far as it is necessary to achieve the objectives referred to in article 1, paragraph 1, are to make regulations regarding regulations for article 4, paragraph 1:
1. the indication of the class and origin in invoices, delivery notes or any other transport documents, except in such retailers, under which the goods on the market have been brought, or the indication of other clues in the meaning of Nos. 3 and 4;
Advertising in public announcements or in communications intended for a wider circle of people, where however not without specifying the class may be recruited if these prices are, given that relate directly or indirectly to a unit of weight or number of pieces;
3. official or legal price quotes or price findings through exchanges, administrations of public markets or other bodies, and to extend these quotes or findings on the classes or, as far as requirements within the meaning of this Federal Act or appropriate regulations of the European Community are adopted, these have to be based.
4. the packaging and the presentation;
5. the and way of marking of the packaging unit of a product or type of manner the labelling on the product itself with which to specify in this case in the caption class in particular through clues that give certain characteristics (§ 4 para 4) or the amount of information or are required for the identification of the goods, as well as information about production methods in connection with the production or on the regional origin may be added;
6 records or logs according to Z 5, as well as those arising from specific Community rules within the meaning of § 1 para 2;
7 volume and size units including the determination of tolerances;
8. the authorisation and registration of producers, packaging companies or packing centres, in particular the awarding of operating numbers.
(2) products are supplied directly to the consumer in only small quantities, as may be permitted by regulation, shall be the delivery without packaging or labelling. This is only allowed if it is contrary to not the interests of the consumer according to the nature of the product. Also can be arranged through regulation, that non-packaged goods may be placed directly to the consumer without marking, when they are prepared for this purpose.
Section 6 (1) for products, which according to § 2, brought their slaughtering annual average rise over a minor to be specified by regulation number, Z 5 out of slaughterhouses in traffic can be determined by regulation, that the classification and labelling of the products (classification) in accordance with this federal law and judgments of the deposited regulations solely by members of by the Agrarmarkt Austria (AMA) has to be approved classification services (classifiers) and records pursuant to § 5 para 1 No. 6 are.
(2) slaughterhouses, their slaughter in an annual average of one does not exceed within the number to set predetermined limits by relevant Community law provisions within the meaning of § 1 para 2 through regulation, can be excluded from the obligation to classify with regulation.
(3) the AMA has guidelines for the conduct of the classification including the establishment of objective systems to increase quality of and for the approval of appropriate classification services to adopt and to make the relevant arrangements for costs incurred on pages of the AMA, in these. The announcement of the policy has 1992 according to § 32 of the AMA law, BGBl. No. 376/1992, to be carried out.
(4) data, by the AMA in the context of the completion of in accordance with article 3 par. 2 determines Z 3 of the AMA Act 1992 tasks and processes, AMA with those of the data collected by the approved classification services must be matched to the alternately in the framework of the systems referred to in paragraph 3 within the.
(5) the members of the classification services have to prove their professional competence
1 the regular participation of the AMA held the successful visit of an organised by the AMA or recognized training course and 2 comparative classification tests (comparing classifications).
Exceptions from the scope of the regulations
Section 7 (1) from the scope of the regulations according to § 4 para 1 subpara 2 excludes products, the
1. within the framework of the Court sale, 2nd from the producers at storage sites or sorting and packaging make of a trading company or a sales establishment of producers, 3 by storage agencies be given to sorting and packing places or 4 to processing plants.
(2) by way of derogation from paragraph 1, the scope by regulation products under paragraph 1 on the market is to extend, if this is necessary for the objectives set out in article 1, paragraph 1.
(3) insofar as Community law does not preclude, and it is consistent with the objectives of § 1 para 1, no. 1 can be provided by regulation in accordance with article 4, paragraph 1 an exception referred to in paragraph 1.
2. main piece
Import, export and domestic control
Section 8 (1) of the import control goods subject to, as far as marketing standards apply to them, and in these regulations otherwise determined is, other than those for which in accordance with the provisions of Regulation (EEC) No 918/83 concerning a Community system of reliefs from customs duty (customs exemption regulation), OJ No. L 105 of the 23.04.1983 p. 1, as last amended by the Act of accession OJ No. L 236 of the 23.09.2003 p. 940 and section E of the customs law implementation law (ZollR-DG), Federal Law Gazette No. 659/1994, exemption is granted.
(2) in a according to § 4 paragraph 1 adopted Regulation may, if this can speed up the import control, be arranged, that even goods, for the temporary admission or inward-processing in accordance with the provisions of Regulation (EEC) No 2913/92 establishing the customs code (Customs Code), OJ No L 302 of the 19.10.1992 p. 1, as last amended by Regulation (EC) no 1791/2006, OJ No. L 363 of 20.12.2006, p.1, are handled, are subject to import control.
(3) the importation of goods, the section 2 Z 7 provisions do not meet the, is, as far as section 19 para 2 second sentence not otherwise provides, inadmissible.
(4) as far as ancillary or supplementary provisions to legal acts of the European Community within the meaning of § 1 para 2 are required, is to arrange adopted regulation through on the basis of § 4 para 1, that
1. in the case of a complaint, the results of the control over the condition of the goods or the deficiencies communicated certain bodies of the exporting State and 2. at the request of these bodies a verification of goods can take place under assistance of a professional body that designated is made by the exporting State.
(5) further provisions on the import control should be adopted by regulation in accordance with § 4 para 1 in agreement with the Federal Minister of finance. Can be ordered in particular, that
1. the customs authority or the applicant for the purposes of article the receipt of the goods, which are subject to import control, to view the body at the border or at the place of customs clearance has 4 No. 18 of the customs code, 2. the import only about certain customs posts (import posts) is allowed, 3. control at the place of customs clearance, or if she can be combined with controls on the basis of other legal requirements at the border , making this is.
§ 9 (1) of the export control goods, and export controls are subject to as far as marketing standards apply to them
1 arranged in accordance with these provisions is or 2 by the owner of the exporting company is requested.
(2) further details are adopted by Regulation pursuant to § 4 paragraph 1 in agreement with the Federal Minister of finance to the export control provisions. Can be ordered in particular, that
1. the customs authority or the applicant for the purposes of article the receipt of the goods, which are subject to the control of exports, to view the body at the border or at the place of customs clearance has 4 No. 18 of the customs code, 2 the export only of certain customs offices (export points) is allowed, 3. control at the place of customs clearance, or if she can be combined with controls on the basis of other legal requirements at the border , making this is.
§ 10 (1) of domestic control goods at all trade levels are subject to as far as for her marketing standards apply, there are provisions on consumer information and the rules relating to export controls and single - use.
(2) the Federal Minister for agriculture and forestry, environment and water management can take through regulation according to § 4 paragraph 1, taking into account the effective achievement of the objectives referred to in article 1, paragraph 1 further provisions concerning the number of carried out inland checks insofar as this is necessary to ensure of a regular and comprehensive control.
(3) in the area of classification in accordance with § 6 the designated may require the review of the classification made by the classifier of products by a supervisory body pursuant to § 11 par. 3 if he asserts reason to doubt the correctness of the classification.
§ 11 (1) the implementation of the import and export control is the Federal Agency for food security (BAES).
(2) the implementation of domestic control responsibility of the district administrative authority. This is competent authority or body within the meaning of the European Community acts referred to in article 1, paragraph 2, as far as from other provisions of this Federal Act not different results. Monitoring of consumer information in the framework of the common market organisation for fisheries and aquaculture products, however, is whether the BAES.
(3) the Federal Minister for agriculture and forestry, environment and water management can order special federal bodies after hearing of the Governor for a State to carry out the domestic control of domestic control, if their order for major consumer centres or regions with greater fit of for the market certain products in the interest of smooth and unified control. These federal institutions are subject to the authority of the Governor.
(4) to carry out the checks, the authorities have to use professionally empowered institutions in the sense of § 12 para 1 (RAI) according to paragraphs 1 and 2. You are in sufficient number, especially for surveys on the spot, to order. The special federal institutions ordered pursuant to paragraph 3 have to exhibit the same professional qualifications.
(5) to review the marking according to production methods or the regional origin in the sense of § 5 par. 1 Z 5 can use the district administrative authority of also professionally empowered persons of private organizations. They are bound by the instructions of the district administrative authority.
Requirements for inspection bodies
Section 12 (1) as supervisory bodies can persons be ordered,.
1 a) have completed at least a vocational school specializing in appropriate or b) as according to the provisions of the food safety and Consumer Protection Act (LMSVG) by January 20, 2006, Federal Law Gazette I 13/2006, ordered no. or appointed supervisory bodies are working or c) otherwise have exercised an activity in the period of at least two years can be expected, that they have acquired the relevant knowledge and skills in the product information and 2. the Moreover the successful visit of the Federal Ministry of agriculture and forestry, environment and water management organised or recognised training course can show where you are taught a control laws and knowledge of goods.
(2) the powers which in para 1 subpara 1 lit. b referred to bodies which are entitled to after the LMSVG, shall remain unaffected.
(3) an identification document is the control bodies by the competent authority to issue. In the case of the supervisory bodies in accordance with article 11, paragraph 3, this the Federal Minister of agriculture and forestry has to get environmental and water management. Prior to the issuance of this document, the body has to pledge that it will fulfill his duties faithfully.
(4) the supervisory bodies are obliged to improve themselves professionally and to familiarize themselves with the latest of regulations. The Federal Minister for agriculture and forestry, environment and water management has therefore to ensure of a uniform control and to ensure compliance with the current requirements for the control for appropriate training to take precautions.
Carrying out checks
Powers and duties of the supervisory bodies
Section 13 (1) the supervisory bodies are obliged to perform those acts, which are transferred to them on the basis of acts of the European Community marketing standards, or on the basis of this federal law and regulations subsequently adopted within the framework of the given order.
(2) the supervisory bodies are entitled, during normal operating hours, and in the case of the control of means of transport, as well as urgent suspicion of an administrative offence within the meaning of this federal law, also outside normal operating hours, to make all for the verification of compliance with the provisions stated in paragraph 1 relevant surveys in particular
1. the necessary information, to require Z 5 and no. 6, the corresponding lands, buildings, premises and means of transport to enter 2, in particular those relating to article 4, paragraph 4 and article 5, paragraph 1 3. in all relevant business documents, particularly invoices, delivery notes, correspondence, to take records and logs pursuant to § 5 para 1 No. 6, insight, 4. to require assistance in implementing the control and 5 packages in the required number to open or open to let and free samples of food as well as samples in accordance with § 15 including their packaging to the extent necessary to remove the labels and advertising materials.
(3) on the occasion of the import and export control that refers to the control body referred to in paragraph 2 No. 3 right conferred on the inspection of all documents accompanying of the goods. The existence of a certificate of inspection does not preclude a review of the product.
(4) the supervisory bodies have to carry a card certificate pursuant to § 12 para 3 with and to produce it upon request.
(5) the supervisory bodies have, taking into account the legitimate interests of the designated control if at all possible to avoid errors of the business operation and each sensation.
(6) the supervisory bodies have to make a report about any official action and handed a copy to the designated at the request. In the case of the control of classification activities in accordance with § 6, also the classification service request will receive a copy.
(7) the supervisory bodies are obliged to maintain confidentiality of all facts known to them only from their occupation. The provisions of § 46 para 1 to 4 of the officials of Services Corporation Act of 1979 (BDG 1979), BGBl. No. 333, are to apply mutatis mutandis.
(8) in the case of anstandslosem results in the context of imports or export control, the body has to issue an inspection certificate (single - channel or export certificate), in which it is confirmed that the import or export is permitted according to the provisions of this Federal Act. This inspection certificate is issued to the applicant. It is a required for the requested customs clearance document in accordance with article 62 par. 2 of the customs code and to provide in the transport documents.
(9) the domestic control has usually done without prior notice. The implementation of the Act cannot be enforced, if denied to tolerate. The organs of the Federal Police have to make the control bodies over their request to ensure the exercise of their powers under their sphere of competence help legitimate in this case.
Extent of control
Section 14 (1) in carrying out the control has such an amount of goods to capture the review and to restrict which are necessary to enable a safe judgement about whether the goods conform to the marketing standards, as well as provisions of this Federal Act and regulations subsequently adopted on such control actions.
(2) the further operation of the control is in compliance with the provisions of paragraph 1 by regulation of the Federal Minister for agriculture and forestry, to regulate environmental and water management. In particular, are more detailed provisions to meet on
1. the quantity of packages, that review are to open or extract, 2. the process for sampling for examination, 3. their storage, backup, designation and 4. the technical process of the investigation.
Section 15 (1) for goods whose validation studies are required, the technical implementation of which is not possible on the spot is entitled to take samples to study the body both for import - and export and the domestic control.
(2) the extracted sample is to share, of which everyone is after appropriate packaging or otherwise to provide assurance of identity and quality of the goods with the official seal and the sample cover letter with signature of the party into two similar samples. A sample part is to leave the party officially sealed as evidence. The other part of the samples is the official investigation. Provide a sample of the party may be waived if the available quantity of goods only for the official investigation is sufficient or if the party with signature on the sample cover letter specifically waived.
(3) on each collected sample, sample cover letter is the party to follow.
(4) for the occasion of imports or taken into official custody and removed from the domestic control half of the sample, the Federal Government has to pay compensation, the amount of which is determined by the BAES, on the occasion of the domestic control of the district administrative authority during rehearsals on the occasion of the import. The compensation is in the price of the cost, up to a maximum of the selling price at the place and at the time of sampling, to determine. It is not applicable in the cases pursuant to § 13 para 9 and section 19 paragraph 2 or, if it does not exceed the amount of €20.00.
(5) the compensation is, when not in accordance with paragraph 4 last sentence to account for, to transfer after completion of the process of the successful party's pleadings.
§ 16. As far as the control of goods requires special investigation, the Federal Minister for agriculture and forestry, environment and water management by regulation adopted on the basis of § 4 para 1 has
1. professionally suitable places to carry out the investigations, and 2. the investigation procedures to set.
Recourse to experts
§ 17. The control body which has taken from the sample, as well as those individuals who are officially involved in the investigation or assessment of the contested goods were, and if they a research institution belong to - the head of the investigation agency may be ordered at other invalidity not as expert in proceedings to be made about the nature of these goods.
Obligations of the designated
18. (1) the possessor shall,
1. orders the officers immediately result to make, to tolerate 3 to provide the necessary assistance free of charge and persons who are familiar with the company, to provide for the purpose of information, 4 2 control operations in accordance with § 13 the relevant control information, to grant in particular those concerning the operating hours, as well as regarding article 5, paragraph 1 Z 5 and no. 6, the goods so to present 5. , that control freely can be made, and in particular the necessary hand services, such as opening, weighing and sealing of packages, to provide at his own expense and risk. If however to perform by hand services assistants are officially ordered, the claimant has to use only their services.
(2) the designated have to ensure that obligations within the meaning of paragraph are met 1 during their absence during normal operating hours.
(3) the receipt of goods, which are subject to import control, is to show 4 No. 18 of the customs code by the applicant within the meaning of article, provided that this is determined in accordance with article 8, par. 5 Z 1.
(4) the export control is to apply 4 No. 18 of the customs code by the owner of the exporting company or by the applicant within the meaning of the article. The application has to contain the necessary information, as well as information about the place and the period of the planned shipment and the intended destination for the identification of the goods and properly implementing of the control.
(5) the applicant does not fulfil the obligations referred to in paragraph 3, the application is considered withdrawn.
Section 19 (1) the control indicates that the goods do not comply with the directly applicable legislative acts of the European Community relating to marketing standards, as well as provisions of this Federal Act and the regulations then, has the controlling body without prejudice to articles 21 and 22 to expel the complained about deficiencies in the audit report and the possessor, that is in the case of the import and export control of the applicant, or his representative, a copy of surrender.
(2) the inspection report has the note in the case of paragraph 1 to include, that the goods when the failure a normed rectification may be placed through the designated not in traffic. An import is to admit, however, then if the goods of other use can be recycled and any other community or statutory provisions preclude the import to this use.
(3) in the case of a standard-compliant rectification by the applicant is in accordance with § 13 para 8, otherwise proceed in accordance with paragraph 2.
(4) is determined in the context of the monitoring of classification activities that a proper classification at the battle site cannot be guaranteed, is the controlling body, without prejudice to articles 21 and 22 to display the contested defects in writing to the holder of the site of the battle.
(5) the holder of the battle site does not provide for correction of defects, complained, the body has to exhibit the control report stating the defects complained of him, which is the basis for more government orders, which can have also the cessation of classification activities to the content.
§ 20 (1) the BAES has within its competence pursuant to section 11 with the consent of the Federal Minister for agriculture and forestry, environment and water management and the Federal Minister of finance in accordance with a tariff in accordance with § 6 section 6 of the health and food safety Act (GESG), Federal Law Gazette I no. 63/2002, to assess compensatory fees, as far as do not preclude the legislation of the European Community.
(2) in respect of the fees referred to in paragraph 1, § 19 paragraph 15 is GESG to apply, as far as the fees not according to paragraph 4, second sentence, flow to the Federal Minister of finance for activities in this area.
(3) the fees referred to in paragraph 1 are the fees borrowers
1 to prescribe ZollR-DG or 2nd from the BAES with respect to the other tasks by means of decision of the Customs offices in accordance with the transferring tasks in accordance with article 9, paragraph 1.
(4) the fees for the import and export are to impose at the Customs offices and to co-opt. These fees are to charge proportionally to effort in favour of the Austrian Agency for health and food safety (AGES) and the Federal Ministry of finance. All other charges are to impose the BAES and exclusive receipts of the AGES.
(5) if not immediately imposed the fee to be paid on the occasion of the import and export control at the Customs Office, the release of the shipment by the controlling body is allowed only if granted a suspension of payments in accordance with article 226 of the code is.
(6) in cases where the Customs prescribe fees in accordance with the tariff referred to in paragraph 1, they have to apply the customs law. The fees to be collected by the Customs offices are next door proverbs within the meaning of the federal tax code (BAO), Federal Law Gazette No. 194/1961.
(7) for the verification according to § 10 paragraph 3 the claimant has to pay a control fee.
(8) the amount of the fee under paragraph 7 is to regulate by regulation in accordance with article 4, paragraph 1.
(9) at carrying out of inspections and investigation of samples found that provisions of this federal law are not met, the costs incurred in the framework of the administrative penal proceedings may be prescribed.
3. main piece
Criminal and final provisions
Facts and figures
Section 21 (1) who
1. goods contrary to provisions on sorting, labelling, packaging or transporting on reason of § 4 para 1 and article 5, paragraph 1 Z brings 4 and 5 adopted regulations in traffic, 2.
Goods contrary to articles 4 to 6 and the ordinances issued on the basis of these provisions thereof in traffic brings, 3.
Goods contrary to article 8, paragraph 1 introduces, 4.
Goods despite the failure of a standard remedy pursuant to section 19 para 2 first sentence introduces, 5.
Goods contrary to section 9 para 1 no re-export certificate performs, 6 defective or incorrectly maintains records in accordance with § 5 No. 6, 7 as owner of a battle company, contrary to section 6 and a regulation issued on the basis of these provisions classifier not or not timely pulls in, 8.
classified as a classification service violates article 6 par. 3 without authorisation or does not comply with registration requirements or 9 as having contravenes the provisions of section 18, commits an administrative offence, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts or other provisions of a more severe penalty is subject to and is by the district administrative authority with a fine up to €10,900, to punish to €21,800 in case of recurrence.
(If an Ordinance adopted pursuant to section 4 or section 5 commits administrative offence to criminal 2) a referred to in paragraph 1 also, as far as references for a specific offence on these criminal provisions, is contrary to.
(3) the attempt is punishable.
§ 22 (1) is committed repeatedly an offence within the meaning of § 21 para 1 Z 1 to 4 with a commodity, so the district administration authority in accordance with the article 17's administrative penal law, BGBl. No. 172/1950 to pronounce the deterioration of the goods.
(2) the prosecution or conviction of a particular person is not permitted or non-executable, the available permissible pursuant to paragraph 1 can be taken independently. Against the provision which is known to all parties, the remedy of appeal is entitled to each party. This isn't like a suspensive effect.
Obligation to provide information
section 23. The display control authority under section 11 and the AMA are subject to their jurisdiction by the administrative authorities about the outcome of the criminal proceedings pending made in them because of an administrative offence in knowledge.
References to other legislation
§ 24. As far as other federal regulations are referenced in this Federal Act, these are to apply in their respectively valid version.
Relationship with other legal provisions
Section 25 (1) who contravenes the provisions listed in section 21, can be taken without prejudice to prosecution on injunctive relief and at fault for damages claims. The can be claimed only in the ordinary legal process. The provisions of sections 14 to 18 and 20 to 28 of the Federal Act against unfair competition (UWG) of 23 November 1984, BGBl. No. 448, and the by-laws Federal Law Gazette are no. 422/1994 apply mutatis mutandis.
(2) were introduced for products marketing standards, so as long as and to the extent that under this Federal Act in force, the provisions of §§ 32, are regulations, not to apply 33 and 35 to 37 Federal unfair competition act with regard to these products. In addition, whose provisions remain unaffected.
(3) the LMSVG and the animal diseases Act (TSG), RGBl. No. 177/1909, by this federal law not be touched.
In force and preparation of enforcement
26. (1) this federal law with expiration of the day of its publication in the Gazette enter into force.
(2) Regulations under this Federal Act must be adopted from the day following the announcement of the Federal Act to be conducted; They however at the earliest with the implemented provisions of the law into force.
§ 27. Contact in force of this federal law override:
1. quality class Act 1967, BGBl. No. 161/1967 as amended by Federal Law Gazette I no. 78/2003, 2. Regulation of the Federal Ministry of agriculture and forestry with the territorial jurisdiction is set by special federal institutions according to the quality class act, BGBl. No. 317 / 1968, 3. Regulation of the Federal Minister for agriculture and forestry on the gradual introduction of common quality standards for fruit and vegetables, BGBl. No. 718/1995.
Section 28 (1) the following regulations adopted on the basis of the quality class Act 1967 remain as federal laws still in force, until a controlled their subject matter, issued on the basis of this Act by regulation in effectiveness has been:
1. Regulation of the Federal Minister for agriculture and forestry on the implementation of quality control, Federal Law Gazette No. 576/1995 as amended by Federal Law Gazette II No. 515/2004, 2. Regulation of the Federal Minister for agriculture and forestry on quality standards for flowering corms,-zwiebel and tubers as well as fresh cut flowers and fresh foliage, BGBl. No. 578/1995, 3. Regulation of the Federal Minister for agriculture and forestry on production and marketing of hatching eggs and chicks of domestic fowl , BGBl. No. 580/1995, 4. Regulation of the Federal Minister for agriculture and forestry, environment and water management on marketing standards for poultrymeat, Federal Law Gazette II No. 372/2001 as amended by Federal Law Gazette II No. 217/2003, 5. Regulation of the Federal Minister for agriculture and forestry, environment and water management on marketing standards for eggs, Federal Law Gazette II No. 347/2004, 6 Ordinance of the Federal Minister for agriculture and forestry, environment and water management on marketing standards for fruit and vegetables , BGBl. II No. 163/2002, 7 regulation of the Federal Minister for agriculture and forestry on quality classes for potatoes, Federal Law Gazette No. 76/1994 as amended by Federal Law Gazette II No. 404/2003, 8 regulation of the Federal Minister for agriculture and forestry, environment and water management across trade classes for cattle carcasses, Federal Law Gazette II No. 289/2002 as amended by Federal Law Gazette II No. 396/2005, 9 regulation of the Federal Minister for agriculture and forestry , Environment and water management across trade classes for pig carcases, Federal Law Gazette II No. 290/2002 as amended by Federal Law Gazette II No. 397/2005.
(2) the regulations referred to in paragraph 2 through force of regulations on the basis of the VNG, this is so in the concerned regulations to determine.
References in other legislation
29 references to the quality class Act 1967 in other federal legislation are considered section references to this Federal Act.
Reconciliation of the supervisory bodies
§ 30 bodies pursuant to sections 12 and 21 quality class Act 1967 are considered supervisory bodies be resident within the meaning of this Federal Act.
§ 31. The personal names used in this federal law, the selected form applies to both sexes.
§ 32. It is entrusted with the execution of this federal law:
1. with respect to section 13, paragraph 9, second and third sentence of the Federal Ministry of agriculture and forestry, environment and water management in consultation with the Federal Minister of the Interior, 2. with respect to section 25 para 1 the Federal Minister of Justice, 3. in terms of § 8 par. 2 and 3, § 9 ABS. 2 and § 20 paragraph 7 and 8 of the Federal Ministry of agriculture and forestry, environment and water management in consultation with the Federal Minister of health , Family and youth and the German Federal Minister for Economic Affairs and labour, as well as in consultation with the Federal Minister of finance, 4. with regard to article 4, § 5, article 6, paragraph 1 and 2, § 7, § 10 para 2, § 14 of section 16 of the Federal Ministry of agriculture and forestry, environment and water management in consultation with the Federal Minister for health, family and youth and the Federal Ministry of Economics and labour , 5th in terms of § 20 para 1 to 6 of the Federal Minister for agriculture and forestry, environment and water management in consultation with the Federal Minister of finance, 6 with regard to the other provisions of the Federal Minister for agriculture and forestry, environment and water management.
Agricultural products within the meaning of section 2 No. 1 are under the following CN codes of Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and the common customs tariff, OJ No L 256 of the 07.09.1987 p. 1, as last amended by Regulation (EC) no 1930/2006, OJ No. L 406 of 30.12.2006 p. 9, stated:
CN code description of goods
Poultry (chickens, ducks, geese, turkeys and Guinea fowls), living with a weight of 185 g or less
Meat of bovine animals, fresh or chilled
Meat of bovine animals, frozen
Meat of swine, fresh, chilled or frozen
Meat of sheep or goats, fresh, chilled or frozen
Meat of horses, asses, mules or hinnies, fresh, chilled or frozen
Milk fats, mixed vegetable and/or animal fats
Meat and edible offal of poultry of the position 0105, fresh, chilled or frozen
Milk and cream, not concentrated nor containing added sugar or other sweetening matter
Butter and other fats from milk; Dairy spreads
Bird eggs in shell, fresh, preserved or cooked, poultry including eggs for hatching
Bulbs, onions, bulbs, tubers and rhizomes, dormant
Flowers and flower buds, for bouquets or for ornamental purposes, fresh
ex 0604 91
Foliage, leaves, branches and other parts of plants, without flowers or flower buds, for bouquets or for ornamental purposes, fresh
Potatoes, fresh or chilled
Tomatoes, fresh or chilled
Onions, shallots, garlic, leeks and other vegetables of Allium species, fresh or chilled
Cabbages, cauliflowers, kohlrabi, kale and similar edible types of cabbage of species Brassica, fresh or chilled
Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled
Carrots and carrots, turnips, beetroot, Salsify, celeriac, radishes and similar edible roots, fresh or chilled
Cucumbers and gherkins, fresh or chilled
Legumes, also unshelled, fresh or chilled
Other vegetables, fresh or chilled
Also peeled or crushed dried triggered pulses,
Other nuts, fresh or dried, shelled or peeled
Bananas, including plantains, fresh or dried
0804 20 10
Guavas, mangos and mangosteens
Citrus fruit, fresh or dried
Grapes, fresh or dried
Melons (including watermelons) and papaws, fresh
Apples, pears and quinces, fresh
Apricots, cherries, peaches (including nectarines), plums and sloes, fresh
Other fruit, fresh
ex 0813 50
Mixtures exclusively of nuts of headings 0801 and 0802
1212 99 30
Olive oil and its fractions, refined, but not chemically modified
Fat, mixed vegetable and/or animal fats
Other oils and their fractions, exclusively from olives obtained, refined, 1509 but not chemically modified, including blends of these oils or fractions with oils or fractions of heading
CN code description of goods
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304
Fish, frozen, excluding fish fillets and other fish meat of heading 0304
Fish fillets and other fish meat (not minced), fresh, chilled or frozen
Fish, dried, salted or in brine; Fish, smoked, cooked before or during the smoking; Flour, powder and pellets of fish, edible
Crustaceans, also without tanks, live, fresh, chilled, frozen, dried, salted or in brine; Crustaceans, in shell, in water or steam cooked, well chilled, frozen, dried, salted or in brine; Flour, powder and pellets of crustaceans, edible
Molluscs, without shell, live, fresh, chilled, frozen, dried, salted or in brine; Aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; Flour, powder and pellets of aquatic invertebrates, other than shellfish, edible
Fish, prepared or preserved; Caviar and caviar substitutes prepared from fish won