67. Federal Act amending the Animal Health Act, the Veterinary Medicinal Product Control Act, the Bangseuchen Act, the Bovine Leukosis Act, the IBR/IPV Act and the Bienenseuchengesetz (Veterinary Law Amendment Act 2005)

The National Council has decided:

Article 1

Amendment of the Animal Health Act

The law on the defence and eradication of animal diseases (Animal Health Law), RGBl. No 177/1909, as last amended by the Federal Law, BGBl. I No 71/2003, shall be amended as follows:

1. § 69 reads:

" § 69. For punishments for breach of reporting, participation and disclosure requirements in accordance with § § 63 (1) (lit). c and 64 shall be the responsibility of the district administrative authority in the first instance where the reporting, co-action or information subject has its principal residence, in the absence of a principal place of residence of the other domiciliar. Where the obligation to provide information or information meets legal persons, partnerships of commercial law or registered employment companies or undertakings, the seat of the local authority shall be decisive; in the absence of a registered office in the territory of the country where the activity is mainly carried out. "

Section 77 is added to the following paragraph 10:

" (10) § 69 in the version of the Federal Law BGBl. I n ° 67/2005 enters into force on the first day of the month following the event. "

Article 2

Amendment of the veterinary medicinal product control law

The Veterinary Medicinal Product Control Act, BGBl. I n ° 28/2002, as last amended by the Federal Law BGBl. I No 71/2003, shall be amended as follows:

1. § 1 (1) reads:

"(1) This federal law shall apply to the importation, the placing on the market, the application, the holding of the application, the storage and the possession of veterinary medicinal products (including pure substances)."

2. § 3 reads:

" § 3. (1) The placing on the market of

1.		Veterinary medicinal products as proprietary medicinal products within the meaning of the Medicines Act, contrary to the provisions of § § 5 and 11 of the Medicines Act and regulations and regulations based on these provisions and
2.		veterinary medicinal products, in accordance with Article 11 (7) of the Medicinal Products Act, which have not been produced in a pharmacy or not on the basis of the production instruction of a veterinarian who has been authorised to practise self-employment in the country,
is prohibited.

(2) As a derogation from paragraph 1, veterinary medicinal products may be placed on the market if:

1.		the requirements of Section 4a (5) of the Tierärztegesetz are fulfilled, or
2.		it is an on-the-job-bringing in connection with an application in accordance with § 4 (2) of this Federal Law. "

3. In § § 4 (2), 6 (9), 7 (2), 7 (3), 8 (4) and (17) the term of the word shall be the following: "for Social Security and Generations" through the phrase "for health and women" replaced.

4. According to Article 4 (2), the following paragraph 2a is inserted:

" (2a) The provisions of paragraph 2 (2) to (4) shall not apply to substances or veterinary medicinal products containing hormonal or non-hormonal substances. thyrostatic action and beta-agonists in animal production within the meaning of Directive 96 /22/EC, OJ L 124, 20.4.1996, p. No. 3., as amended by Directive 2003 /74/EC, OJ L 125, 23.5.2003, p. No. OJ No L 262, 14. 17 (Directive 96 /22/EC). The application of these medicinal products should be regulated by the Federal Minister for Health and Women's Regulation. "

5. § 4 (6) reads:

The veterinarian shall have the date of the examination of the animals, the name and address of the keepers, the identity and number of animals treated, the diagnosis, the prescribed veterinary medicinal products, the type of use administered, the dose administered, the The duration of the treatment and the waiting times to be observed shall be carried out in a suitable manner. The documents concerned shall be kept for a period of at least five years and shall be submitted for inspection at the request of the authority or of the supervisory body (Section 9 (2)). "

6. § 5 (1) reads:

" (1) The holding of use, storage and possession of veterinary medicinal products subject to medical prescription by other natural or legal persons authorised to manufacture or supply medicinal products shall be prohibited, unless:

1.		these medicinal products have been given by a public pharmacy in the course of treatment by the treating veterinarian (from his veterinary medicinal product) or via veterinary prescription; and
2.		the owner is entitled to use these medicinal products on the basis of § § 12 or 24 para. 3 of the Tierärztegesetz or according to a regulation adopted pursuant to § 7 of this Federal Act.
The exceptions according to Z 1 and 2 shall not apply to substances listed in Annex II to Directive 96 /22/EC or to veterinary medicinal products containing these substances. "

7. In Article 11 (1), Z 3 and 4 are:

" 3.		apply contrary to the provisions of Section 4 (1), (2) or (2a), or
4.		, contrary to the provisions of Section 5 (1) of the application, it holds, stores or owns, or "

8. In Section 13 (1), Z 4 reads:

" 4.		Veterinary medicinal products shall be available or stored or held in breach of the provisions of Section 5 (1) of the Directive, or "

9. The following paragraph 3 is added to § 15:

" (3) § 1 (1), § 3, § 4 (2a) and 6, § 5 (1), § 11 (1) Z 3 and 4, § 13 (1) Z 4 and § 16 in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 67/2005 enter into force on the first day of the month following the end of the event. "

10. § 16 reads:

" § 16. (1) Regulations on the basis of this Federal Act, as amended, may already be issued from the day following the presentation of the Federal Act to be carried out; however, they may not be issued prior to the application of the Act to the Legislative provisions enter into force.

(2) Regulations on the basis of this Act, which are up to 31. 12. In 2003, the Federal Ministry of Health and Women's "Official Veterinary News" of the Federal Ministry of Health and Health has been able to refer to the replacement of the cost of production at the Federal Ministry for Health and Women. "

Article 3

Amendment of the Bangseuchen Law

The Federal Act on Combating Brucellosis (Abortus Bang) of Pets (Bangseuchen-Gesetz), BGBl. No 147/1957, as last amended by BGBl. I n ° 98/2001, is amended as follows:

§ 2 (4), § 4 (2), § 5 (1), § 5 (2), § 6 (4), § 6 (5), § 8 (1), § 8 (3), § 12 (1), § 13 (3), § 18 (3), § 19 (7), § 20 (2), § 21 (1) and § 24. "for agriculture and forestry" by the name "for health and women" and in Section 2 (2a) "The Federal Chancellor" by the name "The Federal Minister for Health and Women" replaced. Furthermore, the word sequences will be "for social management" in Section 3 (4), and "For Trade and Reconstruction" in Article 18 (3), by the phrase "for business and work" replaced.

2. § 2 (2b) the following sentence shall be added:

"In the case of sampling, the inclusion of milk, fattening and suckler cow holdings shall be ensured in the epidemiologically necessary extent."

3. § 2 (6) reads:

"(6) For the purposes of this Federal Law, the whole of the bovine animals of an animal-holding company representing a unit of care established by the Authority shall be covered by the term" livestock holding "; any building, plant or plant shall be covered by the term" livestock holding ". (in the case of an agricultural farm), any place where bovine animals are held, reared or treated together. "

4. § 8 (2) reads:

" (2) In bangfree areas the provincial governor has to arrange periodic examinations for brucellosis (Abortus Bang) by means of a regulation. These studies shall cover all bovine animals covered by the Regulation in accordance with Article 2 (2a) and shall be carried out at the intervals laid down therein. "

5. § 8 (4) and (5) are:

" (4) A stock in a non-bangfree area shall be considered as:

1.		, if a bovine animal is found to be bangpositive (Bangreagent) on the basis of an investigation carried out in accordance with § 12, and
2.		If there are indications of the presence of the pathogen on the basis of milk or blood tests carried out in accordance with § 12 or on the basis of clinical signs, there is a suspicion of a bang suspect.

(5) Where a stock in a non-banked area is suspected of being a bangy-suspect, the provisions applicable to the infested stocks in the control area shall be subject to the following amendments:

1.		The procedure for the determination of Reagents shall be initiated without delay.
2.		All the Reagents must be marked by two-time perforation of the right ear, to withdraw from the stock within two weeks and to be transferred to the recovery pursuant to § 6 para. 1.
3.		Bovine animals of the herd may only be transported to a slaughterhouse situated in Austria for the immediate subsequent slaughter (lock).
4.		Each parent animal shall be examined after the expiry of two weeks after the calving.
5.		In the case of blood tests carried out for the detection of agents in stocks in bangfree areas, there is no safe negative individual results and the epidemiological circumstances and other test results suggest that the positive or dubious result has been falsely achieved through non-specific reactions, the Federal Minister for Health and Women can, by means of a regulation, stipulate that the animals in question must immediately be slaughtered , and the nature, number and scope of further investigations, and Determine post-examinations. If such further investigations result in a negative result, the stock is no longer bank-suspicious. "

6. In § 12, the following paragraph 1 is inserted after paragraph 1:

' (1a) In non-bangfree areas, the periodic studies by examining the milk of a bovine animal or of the combined milk of several bovine animals may be carried out in the case of stocks which do not exclusively hold animals or are pure suckler cow herds. , In any case, if such a sample is suspected of being present in the presence of the pathogen of the disease virus, the stock shall be examined in a blood serological order. "

7. In § 19, para. 1, first sentence, the word order shall be "... and 8 para. 4 ..." through the phrase "... and § 8 (5) or of a regulation issued thereafter ..." replaced.

8. In accordance with § 22, the following § 22a together with the heading is inserted:

" Personal designations

§ 22a. In the case of personal names used in this Federal Act, the chosen form shall apply to both sexes. "

9. In § 23, the following paragraph (1b) is inserted:

" (1b) § 2 para. 1, 2, 2a, 2b, 4, 5 and 6, § 3 para. 4, § 4 para. 2, § 5 para. 1 and 2, § 6 para. 4 and 5, § 8 para. 1, 2, 3, 4 and 5, § 12 para. 1 and 1a, § 13 para. 3, § 18 para. 3, § 19 para. 1 and 7, § 20 para. 2, § 21 para. 1, § 22a and § 24 in the version of the Federal Law BGBl. I n ° 67/2005 enter into force on the first day of the month following the end of the event. "

Article 4

Amendment of the bovine leukosis law

The Federal Act on Combating Enzootic Bovine Leukosis (bovine leukosis law), BGBl. No 272/1982, as last amended by BGBl. I n ° 98/2001, is amended as follows:

1. § 2 is added to the following paragraph 3:

" (3) The Federal Minister for Health and Women may, by means of a regulation, stipulate that, by way of derogation from paragraphs 1 and 2, other specially trained persons shall also be used to carry out periodic milk examinations (§ 15, paragraph 4). "

2. In § 3 (1), § 4 (2), § 12 (1), § 17, § 22 (6), § 26 (3) and § 31 (3), the term " "for health and environmental protection" by the name "for health and women" replaced. In addition, § 15 para. 2 the phrase "The Federal Chancellor" through the phrase "The Federal Minister for Health and Women" replaced.

3. § 5 reads:

" § 5. For the purposes of this Federal Law, the whole of the bovine animals of an animal-holding company representing a unit of care established by the Authority shall be covered by the term 'livestock holding', each building, plant or plant (in the (a) any place where bovine animals are held, reared or treated in common.

4. The text of the previous § 10 is given the sales designation "(1)" and the following paragraph 2 is added:

"(2) Leukoseverdächtig is a stock in which the milk or blood tests or clinical symptoms give indications of the presence of the excitor."

5. In § 15 (1) the parenthesis shall be deleted "(§ 3)" .

6. § 15 (3) the following sentence is added:

"In the case of sampling, the inclusion of milk, fattening and suckler cow holdings shall be ensured in the epidemiologically necessary extent."

7. § 15 is added to the following paragraph 4:

" (4) In leukosis-free areas, the periodic studies may also be carried out by examining the milk of a bovine animal or of the combined milk of several animals, in the case of stocks which do not exclusively hold animals for fattening or are pure suckler cow herds. Bovine animals. If such a sample is suspected of the presence of the leukoseer regiment, the stock according to § 3 shall be examined in a blood serological order. "

8. In § 18 (1), the point after Z 4 shall be replaced by a dash and the following Z 5 shall be added:

" 5.		Notes of the excier of the leucosis in milk samples. "

9. In § 19, the following paragraph 2a is inserted after paragraph 2:

" (2a) In the case of the serological blood tests carried out in herds in leukosis-free areas, there is no safe negative individual results and the epidemiological circumstances and other test results suggest that the positive or The German Federal Minister for Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and the nature, number and scope of further investigations, and Determine post-examinations. If such further investigations result in a negative result, the stock is no longer leukosevery. "

10. The following sentence shall be added to section 22 (1):

"Such a claim also exists for bovine animals which are slaughtered diagnostically according to § 19 (2a)."

11. Before § 29, in Section VII, after the title "Transitional and final provisions" the following § 28a is inserted:

" § 28a. In the case of personal names used in this Federal Act, the chosen form shall apply to both sexes. "

12. In § 31, the following paragraph (1b) is inserted:

" (1b) § 2 para. 3, § 3 para. 1, § 4 para. 2, § 5, § 10, § 12 para. 1, § 15 para. 1, 2, 3 and 4, § 17, § 18 paragraph 1 Z 5, § 19 para. 2a and § 22 para. 1 and 6, § 26 para. 3, § 28a and § 31 para. 3 in the version of the Federal Law BGBl. I n ° 67/2005 enter into force on the first day of the month following the end of the event. "

Article 5

Amendment of the IBR/IPV Law

The Federal Act for Combating Infectious Bovine Rhinotracheitis and Infectious Vulvovaginitis (IBR/IPV Law), BGBl. N ° 636/1989, as last amended by BGBl. I n ° 98/2001, is amended as follows:

1. § 3 (1) reads:

" (1) An investigation in the sense of this federal law is

1.		the serological examination of the blood serum of a bovine animal, or
2.		in the case of stocks which do not exclusively hold animals for fattening or are pure suckler cow herds, the examination of the milk of a bovine animal or of the combined milk of several bovine animals
the presence of specific antibodies against the IBR/IPV virus by an investigative body (§ 4), according to a procedure laid down by the Federal Minister for Health and Women's Health and Women's Affairs by Regulation.

2. In § 3 (2), § 4, § 15 (2), § 22 (6), § 26 (3) and § 33 (3), the designation shall be: "the Federal Chancellor" by the name "The Federal Minister for Health and Women" replaced at the beginning of the record in the correct capitalization. Furthermore, in § 17 the turn is "from the Federal Chancellor" by "by the Federal Minister for Health and Women" and in § 31 the turn "the Federal Chancellor" through the turn "The Federal Minister for Health and Women" replaced.

3. § 3 (3) reads:

" (3) A sample referred to in paragraph 1 (2) gives rise to the suspicion of the presence of the excitor of the IBR/IPV, the animal or, in the case of milk collection samples, the stock shall in any case be examined in accordance with paragraph 1 Z 1. The result of a serological blood test has to be read:

1.		"positive", if the detection of specific antibodies to an infection of the animal is to be concluded with the IBR/IPV pathogen,
2.		"negative" if specific antibodies are not proven to be safe,
3.		"doubtful" if the serum is neither "positive" nor "negative" to judge. "

4. § 5 (1) reads:

"(1) Inventory within the meaning of this Federal Law is the whole of the bovine animals of an animal holding which constitutes a unit of care established by the Authority; under the term" livestock holding ", each building, plant or plant shall be subject to the term" livestock holding ". (in the case of an agricultural farm), any place where bovine animals are held, reared or treated together. "

5. § 10 is added to the following paragraph 3:

"(3) IBR/IPV-suspicious is a stock in which the milk examinations (§ 3 para. 1 Z 1) or clinical symptoms give indications of the presence of the excitor."

6. § 15 (3) the following sentence is added:

"In the case of sampling, the inclusion of milk, fattening and suckler cow holdings shall be ensured in the epidemiologically necessary extent."

7. In § 18 (1), the point after Z 5 shall be replaced by a dash and the following Z 6 shall be added:

" 6.		Notes of the excier of the IBR/IPV in milk samples. "

8. In § 19, the following paragraph 2a is inserted after paragraph 2:

" (2a) In the case of the serological blood tests carried out in the IBR/IPV-free areas, there is no safe negative individual results and the epidemiological circumstances as well as other test results suggest that the positive or The German Federal Minister for Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and the nature, number and scope of further investigations, and Determine post-examinations. If such further investigations result in a negative result, the stock is no longer IBR/IPV suspicious. "

9. The following paragraph 4 is added to § 20:

"(4) The terms and conditions set out in paragraphs 1 to 3 for IBR/IPV-contaminated stocks shall also apply to IBR/IPV-suspicious stocks (Section 10 (3))."

10. The following sentence shall be added to section 22 (1):

"Such a claim also exists for bovine animals which are slaughtered diagnostically according to § 19 (2a)."

11. Before § 29, in Section VII, after the title "Transitional and final provisions" the following § 28a is inserted:

" § 28a. In the case of personal names used in this Federal Act, the chosen form shall apply to both sexes. "

12. In § 33, the following paragraph (1b) is inserted:

" (1b) § 3 para. 1, 2 and 3, § 4, § 5 para. 1, § 10 para. 3, § 15 para. 2 and 3, § 17, § 18 paragraph 1 Z 6, § 19 para. 2a, § 20 paragraph 4 and § 22 para. 1 and 6, § 26 para. 3, § 28a, § 31 and § 33 paragraph 1b in the version of the Federal Law BGBl. I n ° 67/2005 enter into force on the first day of the month following the end of the event. "

Article 6

Amendment of the law on bee diseases

The law on the fight against infectious diseases of the bees (Bienenseuchengesetz), BGBl. No 290/1988, as last amended by the Federal Law, Federal Law Gazette (BGBl). I n ° 98/2001, shall be amended as follows:

1. § 1 reads:

" § 1. This federal law shall apply to the defence and eradication of contagious diseases occurring in the domestic environment of bees. "

2. § 3 (1) Z 1 reads:

" 1.		each of the following diseases:
a)			Malignant Faulbrut (American Faulbrut),
b)			Infestation with the small beehike beetle (Aethina tumida),
c)			Infestation with the Tropilaelaps (Tropilaelaps spp.),
d)			Varrosis in cases of disease which are infested with disease; "

3. Section 3a (1) last sentence reads:

"This regulation is to be announced by the attack on the office panel."

4. In § 4, § 5 (3) and 5, § 6 (1), § 7 (1) and § 11 (1), the reference to "§ 1" by "§ 3 para. 1 Z 1" replaced.

5. § 5 (4) reads:

" (4) If the disease cannot be detected on the spot, the test material shall be sent to one of the following sites:

1.		Agency for Health and Food Safety (AGES), Institute of Bienenkunde, or
2.		University of Veterinary Medicine, Clinic for Poultry, Ornamentals, Reptiles and Fish.

6. § 6 (1) the following sentence is added:

"The Federal Minister for Health and Women can, by means of a regulation for demonstrably healthy bee colonies, lay down exceptions to this movement ban, provided that this is in accordance with the relevant EU rules."

7. In the first sentence of § 6 (2) and § 7 (2) of the last sentence, the word order shall be deleted. "and the Nosematosis" .

8. In Section 11 (1) and (2), the name shall be: "The Federal Chancellor" by the name "The Federal Minister for Health and Women" replaced.

9. § 11 (3) reads:

" (3) The Federal Minister of Health and Women's Health and Women's Health and Women's Health and Women's Affairs can lay down, by means of a regulation with regard to the diseases referred to in § 3 (1) (1) (a), (b) and (c), necessary veterinary measures to prevent the disappearance. In particular, provisions relating to the movement of bees, bee products or other products and products which may be carriers of the diseases referred to may be provided, respectively. whose custody is to be determined. This should be done according to the respective state of science and taking into account the topographical conditions and in accordance with the relevant EU regulations. "

10. In § 13, the following paragraph (1b) is inserted:

" (1b) § 1, § 3 paragraph 1 Z 1, § 3a (1), § 4, § 5 (3) to 5, § 6, § 7, § 11, § 13a and § 14 in the version of the Federal Law BGBl. I n ° 67/2005 enter into force on the first day of the month following the end of the event. "

11. According to § 13, the following § 13a is inserted:

" § 13a. In the case of personal names used in this Federal Act, the chosen form shall apply to both sexes. "

12. In § 14, the name shall be: "the Federal Chancellor" by the name "The Federal Minister for Health and Women" replaced.

Fischer

Bowl