68. Federal Act concerning the classification and labelling of agricultural products for marketing purposes (marketing standards law-VNG)

The National Council has decided:

table of contents

1. Main item

Principles and requirements for agricultural products

Section 1

General provisions

§ 1	Destination and scope
§ 2	Definitions
§ 3	Communications under Community law

Section 2

Marketing standards

§ 4	Product Properties
§ 5	Other provisions
§ 6	Classification
§ 7	Exceptions to the scope of the Regulations

2. Main piece

Controls

Section 1

Import, export and domestic checks

§ 8	Import Control
§ 9	Export control
§ 10	Domestic control

Section 2

Control bodies

§ 11	Responsibility
§ 12	Requirements for control bodies

Section 3

Implementation of controls

§ 13	Powers and duties of control bodies
§ 14	Scope of control
§ 15	Sampling
§ 16	Special investigations
§ 17	Use of experts
§ 18	Obligations of persons entitled to dispose
§ 19	Measures
§ 20	Fees

3. Main piece

Criminal and final provisions

Section 1

Criminal provisions

Section 21	Facts
Section 22	Verfall
Section 23	Duty to provide information

Section 2

Final provisions

§ 24	References to other legislation
Section 25	Relationship with other statutory provisions
Section 26	In-force pedals and preparation of full education
§ 27	Out-of-Force Trees
§ 28	Transitional provision
§ 29	Referrals in other legislation
§ 30	Control of the control bodies
Section 31	Personal names
Section 32	Enforcement clause

Annex I

Annex II

1. Main item

Principles and requirements for agricultural products

Section 1

General provisions

Destination and scope

§ 1. (1) The aim of this federal law is

1.		an improved market overview and market transparency by means of the standardisation of agricultural products with regard to their production conditions, their external characteristics, their packaging and their labelling in the context of a fair competition and
2.		the promotion of the production and improvement of quality products, with ongoing adaptation to the state of science and technology.

(2) This Federal Act is designed to implement and implement directly applicable European Community acts on quality standards and trade classes, sales or marketing standards for agricultural products.

(3) This federal law shall also serve to standardise agricultural products with regard to their production conditions and characteristics as well as their packaging and labelling for the purpose of marketing, if they do not contain directly applicable Community legislation.

Definitions

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

1.		Agricultural products are the products of Part 1 and the fishery and aquaculture products of Part 2 of the Appendix. They shall, if they are intended to be placed on the market, be called products or goods.
2.		Marketing standards are rules on quality standards and commercial classes, sales or marketing standards for agricultural products.
3.		Classes , groups of quality, quality, commercial or marketing classes to which agricultural products must comply shall be graduated in accordance with the degree of quality and shall, at each stage, be classified as a unit of categories of quality, quality, commercial or marketing categories, in order to: be placed on the market under a specific name.
4.		Abhof-Sale the supply of agricultural products from the producer to a final consumer directly from its establishment or production site. On the other hand, a farm sale is not available if the producer places the products on the market or on markets in the retreat.
5.		Marketing the 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 laying down rules for the establishment of the European Food Safety Authority Food safety procedures, OJ L 327, No. 1), as last amended by Regulation (EC) No 575/2006, OJ L 210, 31.7.2006, p. No. OJ L 100, 08.04.2006 p. 3. The agricultural products listed in the Appendix under CN codes 0201, 0202, 0203 and 0204 (meat of bovine animals, swine, ovine or caprine animals) shall be considered to be placed on the market with the slaughter of the animals in a slaughterhouse.
6.		Processing operation is an operation in which a substantial change of the goods is to be made.
7.		Import Control is the monitoring of compliance with the acts of the European Community directly applicable to the marketing standards applicable to agricultural products and to the provisions of this Federal Law and of the provisions adopted on the basis of this Act Regulations relating to the movement of goods from areas not belonging to the customs territory of the European Union to the scope of this Federal Law on the occasion of the clearance of goods by the customs authority.
8.		Export control is the monitoring of the provisions referred to in Z 7 for the transfer of Community goods from the scope of this Federal Act to third countries, either at the place of packaging and loading or on the dispatch level.
9.		Domestic control the monitoring of the provisions referred to in Z 7, including the related authorisations and registrations of establishments, and the control of classification activities in the case of establishments which have products within the meaning of this Federal Law, shall be subject to the following conditions: , as well as the monitoring of consumer information in the context of the implementation of the common organisation of the market in fishery and aquaculture products of the European Community.

Communications under Community law

§ 3. (1) Where, in the case of European Community acts within the meaning of Article 1 (2), the reimbursement of reports or reports or the granting of information to institutions of the European Community or to third countries by means of a co-ordinating or co-ordinating action is The Federal Minister for Agriculture, Forestry, Environment and Water Management is responsible for this.

(2) The authorities referred to in Article 11 (1) and (2) shall provide the Federal Minister for Agriculture, Forestry, Environment and Water Management with the necessary information and information as well as the relevant data to be provided.

Section 2

Marketing standards

Product Properties

§ 4. (1) The Federal Minister for Agriculture, Forestry, Environment and Water Management may, in agreement with the Federal Minister for Health, Family and Youth, and the Federal Minister for Economic Affairs and Labour, by Regulation

1.		adopt the necessary supplementary or accompanying provisions for the implementation and implementation of Community law provisions within the meaning of Article 1 (2), insofar as these are determined, determined or limited in accordance with Community law, and
2.		in accordance with Article 1 (3), lay down marketing standards in respect of products for which there are no directly applicable Community legislation.

(2) In the regulations referred to in paragraph 1 (2), which lay down marketing standards, it is initially necessary to determine whether the product is intended to cover a particular product in its entirety or whether it relates only to certain categories of a product defined in accordance with the criteria laid down in paragraph 4 of this Article. Refer to the product.

(3) Where different classes are to be determined for a product, the designation of the product must be chosen so that no error can arise over the respective degree of quality.

(4) The minimum characteristics of a product, as well as the gradation of its different qualities, must be made on the basis of distinguishable characteristics. In particular, the following criteria can be determined:

1.			quality,
2.			origin or origin,
3.			the manner and timing of production, extraction, production and treatment;
4.			Purity and composition,
5.			size (dimensions or weight),
6.			supply condition or packaging, or
7.			Sort.

(5) Marketing standards apply only to certain categories of a product (paragraph 1). 2), it may be arranged that the groups of this product not covered by it may not be placed on the market solely for the purpose of processing or, if they are not suitable for this purpose, at all.

(6) In so far as the nature of the goods requires separate classifications according to different criteria, it is necessary to provide for separate divisions of classes. Classes shall be divided if it appears to be appropriate to identify specific characteristics.

Other provisions

§ 5. (1) Insofar as it is necessary to achieve the objectives set out in Article 1 (1), regulations pursuant to Section 4 (1) of the Rules of Law shall be applicable with regard to:

1.		an indication of the class and of the origin in invoices, delivery notes or other transport accompanying documents, except in the case of the retail trade under which the goods have been placed on the market, or the indication of other indications in the sense of of Z 3 and 4;
2.		the advertising in public notices or in communications intended for a wider range of persons, but not without specifying the class, provided that prices are indicated directly or indirectly; shall relate indirectly to a unit of weight or number of units;
3.		official or statutory quotations or price statements by exchanges, public sector administrations or any other body, where these quotations or findings are to be extended to the classes or, in so far as they are regulated in the sense of of this federal law or corresponding provisions of the European Community, they shall be based on this;
4.		the packaging and the presentation;
5.		the identification of the packaging unit of a product or the manner in which the product is marked on the product itself, the particular class to be specified in the labelling, in particular by means of information relating to the labelling of the packaging unit of a product or of the label on the product itself certain characteristics (Section 4 (4)) or the quantity of information required or necessary for the identification of the goods, as well as information on production methods in connection with the production operation or on the regional origin may be supplemented;
6.		records or minutes of information pursuant to Z 5 as well as those resulting from specific provisions of Community law within the meaning of Section 1 (2);
7.		quantities and size units, including the definition of tolerances;
8.		the approval and registration of producer establishments, packaging establishments or packing centres, in particular the award of company identification numbers.

(2) If products are to be delivered directly to the consumer in only small quantities, it may be permitted by means of a regulation that the levy may be made without packaging or without marking. However, this shall be permissible only if, in the nature of the product, it does not run counter to the interests of the consumer. Similarly, it may be arranged by means of a regulation that unpackaged goods may be delivered directly to the consumer without identification, if they are directed to that end.

Classification

§ 6. (1) For products placed on the market in accordance with § 2 Z 5 of slaughterhouses, the slaughterings of which exceed an annual average of a small number to be determined by regulation, it may be determined by means of a regulation that the Classification and labelling of the products (classification) according to the provisions of this Federal Act and the regulations of these regulations exclusively by members of classification services approved by agricultural market Austria (AMA) (classifier) must be made and records are to be carried out in accordance with § 5 (1) Z 6 .

(2) slaughterhouses, the slaughterings of which do not exceed, on an annual average, a number to be determined by regulation within the limits laid down by relevant Community legislation within the meaning of Article 1 (2) of this Regulation, the slaughterhouse shall be entitled to: Regulation shall be exempted from the obligation to classify.

(3) AMA shall adopt directives for the implementation of the classification, including the establishment of objective systems for increasing the quality of the same, and for the authorisation of appropriate classification services, and in these the relevant provisions for costs incurred on the part of AMA. In accordance with § 32 of the AMA Act 1992, BGBl, the customer has to make the guidelines. No 376/1992.

(4) Data identified and processed by the AMA in the context of the enforcement of tasks assigned to AMA pursuant to § 3 (2) (2) (3) of the AMA Act 1992 may within the framework of the systems referred to in paragraph 3 within the AMA with those of the systems referred to in paragraph 3 above. , data collected shall be adjusted in an alternating manner.

(5) The members of the classification services shall demonstrate their professional competence by:

1.		the successful visit of an academic course organized or recognized by the AMA, as well as
2.		Regular participation in comparative classification tests organised by AMA (comparative classifications).

Exceptions to the scope of the Regulations

§ 7. (1) The scope of the Regulations referred to in Article 4 (1) (2) (2) shall not apply to products which:

1.			in the context of the sales of off-court sales,
2.			from the producer at storage points or sorting and packing centres of a trading company or a producer's sales organisation,
3.			storage sites at sorting and packaging sites, or
4.			to processing plants.

(2) By way of derogation from paragraph 1, the scope of application shall be extended by means of a regulation to the products placed on the market in accordance with paragraph 1, if this is necessary in accordance with the objectives set out in Article 1 (1).

(3) Where Community law does not preclude and it is compatible with the objectives of Section 1 (1), an exception to paragraph 1 may be provided for by regulation in accordance with Article 4 (1) (1) (1).

2. Main piece

Controls

Section 1

Import, export and domestic checks

Import Control

§ 8. (1) Import control shall be subject to the conditions of marketing standards to which they are subject to marketing standards, except for products covered by the provisions of Regulation (EEC) No 918/83 on the Community market. System of exemption from customs duties (exemption Regulation), OJ L 327, 31.12.2003, p. No. 1., as last amended by the Act of Accession OJ L 105, 13.4.1983, p. No. OJ L 236 of 23.09.2003 p. 940 and Section E of the Customs Law-Implementing Act (ZollR-DG), BGBl. No 659/1994, duty free.

(2) In a regulation adopted in accordance with Article 4 (1), where it is possible to speed up the import control, it may also be necessary to arrange for goods to be used for temporary importation or inward processing in accordance with the provisions of Regulation (EEC) No 2913/92 establishing the Community Customs Code (Customs Code), OJ L 327, 31.12.1992, p. No. OJ L 302, 19.10.1992 p. 1, as last amended by Regulation (EC) No 1791/2006, OJ L 210, 31.7.2006, p. No. 1., which are subject to import controls.

(3) The importation of goods which do not comply with the provisions referred to in § 2 (7) (7) is inadmissible in so far as the second sentence of Article 19 (2) of the second sentence does not apply otherwise.

(4) Where accompanying or supplementary provisions are required for European Community legal acts within the meaning of Article 1 (2), it shall be ordered, by means of a regulation adopted on the basis of Article 4 (1), that:

1.		in the event of an objection, the results of the control of the condition of the goods or the deficiencies noted are communicated to certain bodies of the exporting State; and
2.		, at the request of these bodies, a review of the product may take place, with the assistance of a technical body, which is made known by the exporting State.

(5) Further provisions concerning import control shall be adopted by means of a regulation in accordance with Section 4 (1) in agreement with the Federal Minister of Finance. In particular, it may be arranged that:

1.		the customs authority or the notifier, within the meaning of Article 4 (18) of the Code, has to notify the inspection body of the arrival at the frontier or place of customs clearance of the goods which are subject to the import control;
2.		the import is permitted only through certain customs offices (import points),
3.		the control at the place of customs clearance or, if it can be linked to controls on the basis of other legal provisions, at the border to be carried out.

Export control

§ 9. (1) Export control shall be subject to the conditions of marketing standards applicable to them and to export control

1.		is arranged on the basis of these rules, or
2.		is requested by the owner of the holding company.

(2) Further provisions concerning export control shall be adopted by the Regulation in accordance with Article 4 (1) in agreement with the Federal Minister of Finance. In particular, it may be arranged that:

1.		the customs authority or the notifier, within the meaning of Article 4 (18) of the Code, has to notify the inspection body of the entry of the goods which are subject to export control at the border or at the place of customs clearance;
2.		the export is permitted only through certain customs offices (export offices);
3.		the control at the place of customs clearance or, if it can be linked to controls on the basis of other legal provisions, at the border to be carried out.

Domestic control

§ 10. (1) Domestic control shall be subject to goods at all levels of trade to the extent to which they are subject to marketing standards, consumer information arrangements and not the rules on import and export control.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in so far as this is necessary to ensure regular and comprehensive inspection, by Regulation in accordance with Article 4 (1), taking into account the In order to achieve the objectives set out in Article 1 (1), more detailed provisions on the number of domestic checks to be carried out shall be made.

(3) In the field of classification in accordance with § 6, the person entitled to dispose of the products may require the verification of the classification of the products by the classifier by a supervisory body in accordance with Article 11 (3) if he/she is responsible for the accuracy of the classification of the products. Classification based on reasonable doubt.

Section 2

Control bodies

Responsibility

§ 11. (1) The Federal Office for Food Security (BAES) is responsible for the implementation of import and export control.

(2) The conduct of domestic control shall be the responsibility of the district administrative authority. This is the competent authority or supervisory authority within the meaning of the acts of the European Community referred to in Article 1 (2), insofar as other provisions of this Federal Law do not give any other reason. Monitoring of consumer information in the context of the common organisation of the market in fishery and aquaculture products, on the other hand, is the responsibility of the BAES.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may appoint special federal bodies for the area of domestic control after hearing the Governor of the State for a Federal State for the conduct of domestic control, if: whose order is in the interests of a smooth and unified control for larger consumer centres or areas with a larger seizage of products intended for the market. These federal bodies are subject to the authority of the Governor of the State.

(4) In order to carry out the checks, the authorities in accordance with paragraph 1 and 2 have to be served in the sense of Section 12 (1) (control bodies) of the competent authorities. They shall be ordered in a sufficient number, in particular for surveys on the spot. The special federal bodies appointed in accordance with paragraph 3 shall have the same professional qualification.

(5) In order to verify the marking by production methods or according to regional origin within the meaning of § 5 (1) Z 5, the district administrative authority may also serve professional persons of private organisations. These are bound by the instructions of the district administration authority.

Requirements for control bodies

§ 12. (1) Persons may be appointed as control bodies;

1.		The
a)			have completed at least one vocational middle school in the relevant subject area, or
b)			as under the provisions of the Food Safety and Consumer Protection Act (LMSVG) of 20 June 2008, Jänner 2006, BGBl. I No 13/2006, appointed or appointed supervisory bodies, or
c)			have otherwise been subject to an activity of at least two years, which may be expected to have acquired the appropriate knowledge and skills in the field of goods; and
2.		which, moreover, can demonstrate the successful visit of an apprenticeship course organised or recognised by the Federal Ministry of Agriculture, Forestry, the Environment and Water Management, in which the legal and legal provisions necessary for a monitoring exercise are Knowledge of goods is taught.

(2) The powers of those in paragraph 1 (1) (1) (1). b) shall remain unaffected by the institutions referred to in the LMSVG.

(3) The competent authority shall issue an identity card to the control bodies. In the case of the control bodies pursuant to Section 11 (3), the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for this. Prior to the issue of such a document, the control body shall be responsible for carrying out its duties in accordance with its obligations.

(4) The control bodies shall be obliged to continue their professional training and to familiarrely themselves with the latest state of the relevant provisions. The Federal Minister for Agriculture, Forestry, the Environment and Water Management therefore has to ensure uniform control and to ensure compliance with the respective current requirements for control of suitable Training measures to be taken.

Section 3

Implementation of controls

Powers and duties of control bodies

§ 13. (1) The supervisory bodies shall, within the framework of the mandate given, be obliged to carry out the acts which they have received under Community legislation on marketing standards or on the basis of this Federal Law and thereafter Decrees adopted by the Commission.

(2) The control bodies shall be entitled, during the normal operating hours, in the case of the control of means of transport and in case of urgent suspicion of an administrative surrender within the meaning of this Federal Law, even outside the usual operating hours, to make all the relevant surveys for monitoring compliance with the provisions referred to in paragraph 1, and in particular:

1.		request the necessary information, such as in particular those relating to § 4 (4) and (5) (1) (5) and (6) (6),
2.		to enter the relevant land, buildings, rooms and means of transport,
3.		in all relevant business documents, in particular invoices, delivery notes, correspondences, records and minutes according to § 5 paragraph 1 Z 6, to be provided with insight,
4.		to ask for assistance in the implementation of the control; and
5.		To open or open packages in the required number and to take samples of the food and samples free of charge in accordance with § 15, including their packaging, labels and promotional materials, to the extent necessary.

(3) On the occasion of import and export control, the right granted to the control body in accordance with paragraph 2 (2) (3) shall also refer to the inspection of all accompanying documents of the goods. The existence of a certificate of inspection shall not prevent the goods from being checked.

(4) The control bodies shall carry out an identity document in accordance with Section 12 (3) with them and to show them on request.

(5) The control bodies shall, taking into account the legitimate interests of the right of disposal in the event of control, have to avoid any disturbances of the business operation and any oversight.

(6) The control bodies shall draw up a control report on each official act and shall issue a copy to the person entitled to dispose of them on request. In the case of control of the classification activity in accordance with § 6, the classification service shall also receive a copy of the classification service on request.

(7) The control bodies are obliged to secrecy over all the facts known to them exclusively from their activities. The provisions of Section 46 (1) to (4) of the Official Services Act 1979 (BDG 1979), BGBl. No. 333, shall apply mutafictily.

(8) In the event of a non-established result in the context of import or export control, the control body shall issue a certificate of inspection (import or export certificate) confirming that the import or export is carried out in accordance with the provisions of this Regulation. Federal law is admissible. This certificate of inspection shall be followed by the applicant. It shall be a document required for the customs clearance requested in accordance with Article 62 (2) of the Code and shall be accompanied by the transport documents.

(9) The internal control shall normally take place without prior notice. The conduct of the official act can be enforced if their culpation is denied. The institutions of the Federal Police shall, in the context of their legal action, provide assistance to the control bodies in the event of their requests for the exercise of their powers.

Scope of control

§ 14. (1) In carrying out the checks, the inspection shall cover such a quantity of goods and shall confine itself to such checks which are necessary in order to enable a safe judgment to be given as to whether the goods are the subject of the Marketing standards as well as regulations of this federal law and thereafter decreed regulations comply.

(2) The closer inspection process must be regulated in compliance with the provisions of Section 1 by Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management. In particular, more detailed provisions shall be adopted on:

1.		the quantity of packages which are to be opened or unpacked for inspection;
2.		the procedure for the collection of samples for examination,
3.		their storage, security, designation and
4.		the technical process of the investigation.

Sampling

§ 15. (1) In the case of goods for which investigations are necessary, the technical implementation of which is not possible on the spot, the control body shall be entitled, both in the case of import and export and of domestic control, to take samples of the goods to be carried out on the spot. See the investigation.

(2) The sample taken shall be divided into two similar sample parts, each of which shall be accompanied by appropriate packaging or other means of securing the identity and nature of the goods with the official seal and the sample accompanying letter, The signature of the party shall be provided. A trial part shall be officially sealed to the party for evidence. The other sample part is used for the official examination. The provision of a party sample may be waived if the available quantity of goods is sufficient for the official examination only, or if the party with signature on the sample accompanying letter expressly renounts it.

(3) Each sample taken from the party shall be accompanied by a sample accompanying letter.

(4) For the half of the sample taken on the occasion of the import or domestic control and taken into official custody, the Federal Government has to pay compensation, the amount of which is to be paid on rehearsals on the occasion of importation by the BAES, on the occasion of the Domestic control is determined by the district administration authority. The compensation shall be determined in the amount of the price of the price, but at the most of the selling price at the place and at the time of the sampling. In the cases referred to in § 13 (9) and § 19 (2) or if it does not exceed the amount of € 20.00, it shall not be exceeded.

(5) The compensation shall, if it has not been omitted in accordance with the last sentence of paragraph 4, be transferred upon application after the conclusion of the proceedings of the party.

Special investigations

§ 16. To the extent that the control of goods requires special examinations, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has, by means of regulation adopted pursuant to section 4 (1),

1.		professional bodies responsible for carrying out the investigations; and
2.		the investigation procedures to be applied
.

Use of experts

§ 17. The control body which has taken the samples and those persons who have been officially seized of the investigation or evaluation of a product in question and, if they belong to an investigative institution, the head of the investigative authority shall not be appointed for any other invalidity to experts in a procedure to be carried out on the nature of such goods.

Obligations of persons entitled to dispose

§ 18. (1) The persons entitled to dispose shall be obliged to:

1.		arrangements of the control bodies to be followed immediately,
2.		to be condoned in accordance with § 13;
3.		provide the necessary assistance free of charge and make available to persons who are familiar with the undertaking for information,
4.		to supply the information relevant to the control, in particular those relating to operating hours and to Article 5 (1) (5) and (6) of the Directive,
5.		to state the goods in such a way that control can be carried out without hindsight, in particular by means of the necessary manual services, such as opening, weighing and closing the packages, at their own expense and at risk. If, however, auxiliary staff are officially appointed for the execution of handwork, the person entitled to dispose of them shall be solely responsible for their services.

(2) The persons entitled to dispose shall ensure that obligations within the meaning of paragraph 1 are also fulfilled during their absence at the usual operating times.

(3) The entry into force of goods subject to import control shall be notified by the applicant within the meaning of Article 4 (18) of the Code, provided that this is determined in accordance with Article 8 (5) (1).

(4) Export control shall be requested by the holder of the performing establishment or by the declarant within the meaning of Art. 4 Z 18 of the Code. The application shall contain the information necessary for the identification of the goods and the proper implementation of the control, as well as information on the location and period of the planned shipment and the provision provided for.

(5) If the applicant does not comply with the obligations laid down in paragraph 3, the application shall be deemed to have been withdrawn.

Measures

§ 19. (1) It shall be checked that the goods do not comply with the acts of the European Community directly applicable to marketing standards, as well as the provisions of this Federal Law and the Regulations adopted thereafter, has the following: Without prejudice to § § 21 and 22, the control body shall identify the defects in the control report and the person entitled to dispose of it, which shall be handed out in the case of import and export control of the notifying parties, or its representative.

(2) In the case referred to in paragraph 1, the control report shall contain the indication that the goods may not be placed on the market if the person entitled to dispose of goods fails to repair the goods in a normal way. On the other hand, imports are to be permitted if the goods can be used for another use and the import to that use does not preclude any other Community legal or legal provisions.

(3) In the event of a normal rectification by the applicant, it is necessary to proceed in accordance with Section 13 (8), otherwise in accordance with paragraph 2.

(4) If, in the course of the control of the classification activity, it is established that a proper classification in the slaughterhouse cannot be guaranteed, the control body shall, without prejudice to § § 21 and 22, have the owner of the slaughterhouse the to indicate written defects in writing.

(5) In the event that the owner of the slaughterhouse fails to remedy the deficiencies complained of, the control body shall issue the inspection report, indicating the deficiencies which it has complained of, which is the basis for further administrative arrangements, which can also have the setting of the classification activity to content.

Fees

§ 20. (1) In accordance with § 11 with the consent of the Federal Minister for Agriculture, Forestry, the Environment and Water Management and the Federal Minister of Finance, the BAES shall have jurisdiction in accordance with Section 6 (6) of the Health and Forestry Health and Consumer Policy (BfB). Food Security Act (GESG), BGBl. I No 63/2002 of the European Community legislation on costs, in so far as it does not preclude European Community legislation.

(2) In respect of the fees referred to in paragraph 1, Section 19 (15) of the GESG shall be applied in so far as the fees do not flow to the Federal Minister of Finance for activities in this area pursuant to Section 4, second sentence, of the Federal Minister for Finance.

(3) The fees referred to in paragraph 1 shall be the fee debtor

1.		by the customs offices in accordance with the tasks to be carried out in accordance with Article 9 (1) of the Customs R-DG, or
2.		by BAES in respect of other tasks
by means of communication.

(4) The fees for import and export shall be paid to and collected from the customs offices. These fees are to be charged in proportion to the expenses of the Austrian Agency for Health and Food Safety (AGES) and the Federal Minister of Finance. All other fees are to be paid at the BAES and are the exclusive income of the AGES.

(5) If the fee to be paid on the occasion of import and export control is not made at the customs office, the release of the consignment by the control body shall be admissible only if a delay in payment is authorised under Article 226 of the Code. is.

(6) In cases where the customs office is required to impose charges in accordance with the tariff referred to in paragraph 1, they shall apply the customs legislation. The fees to be charged by the customs offices shall be considered as secondary claims within the meaning of the Federal Tax Code (BAO), Federal Law Gazette (BGBl). No. 194/1961.

(7) For the verification pursuant to § 10 para. 3, the authorized person has to pay a control fee.

(8) The amount of the fee referred to in paragraph 7 shall be regulated by the Regulation in accordance with § 4 (1).

(9) If the inspection and investigation of samples taken is carried out in order to establish that the provisions of this Federal Act have not been complied with, the costs incurred may be imposed in the context of the administrative criminal proceedings.

3. Main piece

Criminal and final provisions

Section 1

Criminal provisions

Facts

§ 21. (1) Who

1.		Goods have been placed on the market, contrary to provisions relating to the sorting, marking, packaging or transport of regulations issued pursuant to § 4 (1) and § 5 (1) (1) (4) and (5) of this Regulation,
2.		Were placed on the market in breach of § § 4 to 6 and of the regulations made pursuant to these provisions,
3.		Were introduced in breach of § 8 (1),
4.		Goods were introduced in accordance with § 19 (2), first sentence, in spite of the maintenance of a standard-compliant repair,
5.		Goods were exported without an export certificate, contrary to Section 9 (1),
6.		Records in accordance with § 5 Z 6 do not result in, deficient or incorrect,
7.		as the holder of a slaughterhouse in breach of § 6 and of a regulation issued pursuant to these provisions, not to be accompanied by a classifier or not in good time,
8.		classified as a classification service in accordance with § 6 (3) without authorisation, or not in compliance with admission requirements, or
9.		shall be contrary to the provisions of Section 18 as a right of disposal,
, provided that the action does not constitute the offence of a criminal offence within the jurisdiction of the courts or is subject to a stricter penalty under other provisions, an administrative surrender and shall be governed by the District managing authority with a fine of up to 10,900 €, in case of recurrence up to 21,800 € to punish.

(2) A administrative surrender to be punished in accordance with paragraph 1 shall also apply to who is contrary to a regulation issued in accordance with § 4 or § 5, insofar as it refers to this criminal provision for a specific event.

(3) The experiment shall be punishable.

Verfall

§ 22. (1) If a product is repeatedly committed within the meaning of Section 21 (1) (1) (1) to (4), the district administrative authority shall be subject to the conditions laid down in Section 17 of the Administrative Criminal Code, BGBl. No 172/1950, the decay of the goods.

(2) If the prosecution or sentencing of a particular person is not admissible or cannot be carried out, the permitted disposal of the person in accordance with paragraph 1 may be taken independently. Against the disposition to be disclosed to all parties, each party is subject to the appeal of the appeal. This does not result in a suspensive effect.

Duty to provide information

§ 23. The supervisory authority referred to in Article 11 and the AMA shall, in accordance with their competence, be informed by the managing authorities of the outcome of the criminal proceedings brought before them for administrative surrender.

Section 2

Final provisions

References to other legislation

§ 24. Insofar as other federal regulations are referred to in this Federal Act, these are to be applied in their respectively applicable version.

Relationship with other statutory provisions

§ 25. (1) Any person who is contrary to the provisions referred to in § 21 may, without prejudice to prosecution, be entitled to dismissal and, in the event of a fault, to compensation for damages. The claim can only be asserted in ordinary legal proceedings. The provisions of § § 14 to 18 and 20 to 28 of the Federal Act against Unfair Competition (UWG) of 23 November 1984, BGBl. No 448 and the BGBl proclamation. No 422/1994 are to be applied accordingly.

(2) Where marketing standards have been introduced for products, the provisions of Sections 32, 33 and 35 to 37 of the UWG shall not apply in respect of these products for as long as and to the extent that regulations are in force under this Federal Act. In addition, its provisions remain unaffected.

(3) The LMSVG and the Animal Health Act (TSG), RGBl. No. 177/1909, are not affected by this federal law.

In-force pedals and preparation of full education

§ 26. (1) This federal law shall enter into force on the expiry of the day of its manifestation in the Federal Law Gazans.

(2) Regulations on the basis of this Federal Act may already be issued from the day following the presentation of the Federal Act to be carried out; however, they shall enter into force at the earliest with the legislative provisions to be implemented.

Out-of-Force Trees

§ 27. With the entry into force of this federal law, it is not possible to enter into force:

1.		Quality Class Act 1967, BGBl. No. 161/1967 in the version BGBl. I No 78/2003,
2.		Ordinance of the Federal Ministry of Agriculture and Forestry with which the local jurisdiction of special federal organs is determined in accordance with the quality class law, BGBl. No 317/1968,
3.		Regulation of the Federal Minister of Agriculture and Forestry on the progressive introduction of the common quality standards for fruit and vegetables, BGBl. No. 718/1995.

Transitional provision

§ 28. (1) The following regulations issued under the 1967 quality class law remain in force as federal laws until a regulation which regulates their subject-matter has become effective in accordance with the provisions of this law:

1.		Ordinance of the Federal Minister of Agriculture and Forestry on the implementation of quality control, BGBl. No 576/1995 in the BGBl version. II No 515/2004,
2.		Regulation of the Federal Minister of Agriculture and Forestry on quality standards for flower bulbs, onion and tubers as well as fresh cut flowers and fresh foliage, BGBl. No 578/1995,
3.		Regulation of the Federal Minister of Agriculture and Forestry on the production and marketing of hatching eggs and chicks of poultry, BGBl. No 580/1995,
4.		Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on marketing standards for poultrymeat, BGBl. II No 372/2001 in the BGBl version. II No 217/2003,
5.		Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on marketing standards for eggs, BGBl. II No 347/2004,
6.		Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on marketing standards for fruit and vegetables, BGBl. II No 163/2002,
7.		Regulation of the Federal Minister of Agriculture and Forestry on quality classes for food potatoes, BGBl. No 76/1994 in the BGBl version. II No 404/2003,
8.		Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on trade classes for bovine slaughtered animals, BGBl. II No 289/2002, as amended by the BGBl version. II No 396/2005,
9.		Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on trade classes for pig carcases, BGBl. II No 290/2002, as amended by the BGBl version. II No 397/2005.

(2) In the case of regulations referred to in paragraph 2, the regulations referred to in paragraph 2 shall be repeal by means of regulations on the basis of the VNG, and this shall be established in the regulations concerned.

Referrals in other legislation

§ 29. References to the 1967 Quality Class Act in other federal regulations shall be construed as references to this federal law.

Control of the control bodies

§ 30. Control bodies according to § § 12 and 21 Quality Class Act 1967 shall be considered as control bodies within the meaning of this Federal Act.

Personal names

§ 31. In the case of the personal names used in this Federal Act, the chosen form is valid for both sexes.

Enforcement clause

§ 32. With the enforcement of this federal law is entrusted:

1.		as regards Section 13 (9) of the second and third sentences of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for the Interior,
2 .		as regards Section 25 (1), the Federal Minister for Justice,
3.		with regard to § 8 (2) and (3), § 9 (2) and § 20 (7) and 8 of the Federal Minister for Agriculture, Forestry, Environment and Water Management in agreement with the Federal Minister for Health, Family and Youth and the Federal Minister for Economic and Labour Affairs and in agreement with the Federal Minister for Finance,
4.		§ 4, § 5, § 6 para. 1 and 2, § 7, § 10 para. 2, § 14 as well as § 16 of the Federal Minister for Agriculture, Forestry, Environment and Water Management in agreement with the Federal Minister for Health, Family and Youth and the Federal Minister for the economy and work,
5.		as regards Section 20 (1) to (6) of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Finance,
6.		in respect of the other provisions of the Federal Ministers for Agriculture, Forestry, the Environment and Water Management.

Fischer

Gusenbauer

Annex

Agricultural products within the meaning of Article 2 (1) (1) are those covered by the following CN codes of Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, OJ L 139, 30.4.1987, p. No. OJ L 256 of 07.09.1987 p. 1, as last amended by Regulation (EC) No 1930/2006, OJ L 327, 30.12.2006, p. No. OJ L 406, 30.12.2006, p. 9,

Part 1

CN code Description of goods

ex 0105	Poultry (chickens, ducks, geese, turkeys and guinea fowls), alive, weighing 185 g or less
0201	Meat of bovine animals, fresh or chilled
0202	Meat of bovine animals, frozen
0203	Meat of pork, fresh, chilled or frozen
0204	Meat of ovine or caprine animals, fresh, chilled or frozen
0205	Meat of horses, donkeys, mules or tolls, fresh, chilled or frozen
ex 2106	Milk fats, mixed herbal and/or animal fats
0207	Meat and edible offal of poultry of heading 0105, fresh, chilled or frozen
0401	Milk and cream, neither concentrated nor containing added sugar or other sweetening matter
0405	Butter and other fats from milk; milk fat fat
ex 0407	Eggs in the bowl, fresh, preserved or boiled, of poultry, including hatching eggs
0409	Natural honey
0601 10	Bulbs, onions, tubers, root tubers and root sticks, dormant
0603	Flowers and flowers as well as their buds, cut, for binding or ornamentals, fresh
ex 0604 91	Foliage, leaves, twigs and other parts of plants, without flowers and flower buds, for binding or ornamental purposes, fresh
0701	Potatoes, fresh or chilled
0702	Tomatoes, fresh or chilled
0703	Onions, shallots, garlic, leeks, leeks and other alumum vegetables, fresh or chilled
0704	Cabbage, cauliflower, cabbage, cabbage and similar edible coal species of the genus Brassica, fresh or chilled
0705	Salads (Lactuca sativa) and chicory (Cichorium species), fresh or chilled
0706	Carrots and food carrots, turnips, rote beets, black roots, celery celery, rettiche and similar edible roots, fresh or chilled
0707	Cucumbers and cornichons, fresh or chilled
0708	Legumes, whether or not triggered, fresh or chilled
0709	Other vegetables, fresh or chilled
0713	Dried dried legumes, whether or not peeled or crushed
0802	Other nuts, fresh or dried, whether or not shelled or skinned
0803	Bananas, including milbananes, fresh or dried
0804 20 10	Figs, fresh
0804 30	Pineapple
0804 40	Avocadofrüchte
0804 50	Guaven, mango fruits and mangostanes
0805	Citrus fruit, fresh or dried
0806	Grapes, fresh or dried
0807	Melons (including watermelons) and papayas, fresh
0808	Apples, pears and quinces, fresh
0809	Apricots/apricots, cherries, peaches (including brugnoles and nectarines), plums and slashes, fresh
0810	Other fruits, fresh
ex 0813 50	Mixtures exclusively of nuts of headings 0801 and 0802
1212 99 30	Johannisbrot
1509	Olive oil and its fractions, whether or not refined, but not chemically modified
ex 1517	Fats, mixed herbal and/or animal fats
1510 00	Other oils and their fractions, obtained exclusively from olives, whether or not refined, but not chemically modified, including mixtures of these oils or fractions with oils or fractions of heading 1509

Part 2

CN code Description of goods

0301	Fish, alive
0302	Fish, fresh or chilled, except for fish fillet and other fish of heading 0304
0303	Fish, frozen, excluding fish fillets and other fishmeat of heading 0304
0304	Fish fillets and other fish meat (also finely crushed), fresh, chilled or frozen
0305	Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the fumigation; flour, powder and pellets of fish, edible
0306	Crustaceans, whether or not tanks, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in their tanks, boiled in water or steam, whether or not chilled, frozen, dried, salted or in brine; flour, powder and pellets of Crustaceans, edible
0307	Molluscs, whether or not peel, live, fresh, chilled, frozen, dried, salted or in brine; invertebrate aquatic animals, other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flour, powder and pellets of invertebrate aquatic animals, other than crustaceans, edible
ex 1604	Fish, prepared or preserved; caviar and caviar substitute, obtained from fish eggs