Executive Order On Approval, Supervision And Control Of Establishments And Installations As Well As Penalties For Violation Of By-Product Regulation

Original Language Title: Bekendtgørelse om godkendelse, tilsyn og kontrol af virksomheder og anlæg samt straffebestemmelser for overtrædelse af biproduktforordningen

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=120520

Executive order on approval, supervision and control of establishments and installations as well as penalties for violation of by-product regulation 1)

Pursuant to § 45, § 67 and section 70, paragraphs 3 and 5 of law No 21/92. 432 of 9. June 2004 on the keeping of animals, as amended by Act No. 105 of 20. February 2006, lays down the following:

Approval, monitoring and control

§ 1. In this notice, the term:





1) ' By-product regulation ': European Parliament and Council Regulation (EC) No 1782/2003. 1774 by 3. October 2002 laying down health rules concerning animal by-products not intended for human consumption.





§ 2. Enterprises and installations covered by the by-product regulation as amended, shall be subject to approval by the food region in which it is located.

§ 3. Application for the approval of establishments, installations or usage methods, which are covered in sections 5-16 the above regulations, must be submitted to the food region, in which the enterprise or establishment is located.

(2). Food supervision and control of the regions referred to in paragraph 1, companies and plants.

§ 4. Application for approval of alternative methods for enterprises and plants engaged in activities covered by the regulations referred to in §§ 5-16, must be submitted to the food region, in which the enterprise or establishment is located.

Penalty

§ 5. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who violates the following rules of by-product regulation, as last amended by Commission Regulation (EC) No 1782/2003. 523 of 11. June 2008:





1) Article 4, paragraph 2-4,

2) article 5, paragraph 2-4,

Article 6, paragraph 3) 2-3

4) article 7, paragraph 1 – 2 and 5,

5) article 8, paragraph 1-4

6) article 9, paragraph 1,

7) article 22, paragraph 1,

8) article 25 paragraph 1-2, or

9) article 29, paragraphs 1 to 6.





§ 6. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who violates the following rules of Commission Regulation (EC) No 1782/2003. 668 out of 10. March 2004 amending certain annexes to by-product regulation with regard to the import of animal by-products from third countries:





1) Article 1.





§ 7. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who violates the following rules of Commission Regulation (EC) No 1782/2003. 878 of 29. April 2004 on transitional measures pursuant to Regulation byproduct as regards certain animal by-products classified as category 1 material or category 2 material for technical purposes, as amended by Commission Regulation (EC) No 1782/2003. 1877 by 18. December 2006:





1) Article 4, or

2 article 5).





§ 8. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who violates the following rules of Commission Regulation (EC) No 1782/2003. 79 of 19. January 2005 on the implementation of the regulation in respect of a by-product use of milk, milk-based products and milk-derived products, defined as category 3 material in that regulation:





1) Article 2,

2 article 3), or

3) article 4, paragraph 1.





§ 9. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who violates the following rules of Commission Regulation (EC) No 1782/2003. 92 of 19. January 2005 on implementation of by-product regulation with regard to procedures for disposal or uses of animal by-products and amending Annex VI as regards biogas transformation and processing of rendered fats, as amended by Commission Regulation (EC) No 1782/2003. 2067 of 16. December 2005, Commission Regulation (EC) No 1782/2003. 1678 by 14. November 2006, and Commission Regulation (EC) No 1782/2003. 1576 by 21. December 2007:





1 Article 4).





§ 10. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who violates the following rules of Commission Regulation (EC) No 1782/2003. 93 of 19. January 2005 on implementation of by-product regulation as regards processing of animal by-products of fish origin and commercial documents that must accompany the animal by-products during transportation:





1) Article 1.





§ 11. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who violates the following rules of Commission Regulation (EC) No 1782/2003. 208 of 7. February 2006 amending annexes VI and VIII to by-product regulation as regards processing standards for biogas and composting plants and requirements for manure:





1) Article 1.





§ 12. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who violates the following rules of Commission Regulation (EC) No 1782/2003. 2007 by 22. December 2006 on the implementation of the by-product regulation with regard to the import and transit of certain intermediate products derived from category 3 material for technical uses in medical devices, in vitro diagnostics and laboratory reagents and amending that regulation:





1) Article 4, paragraph 1, 2 and 4

2) article 5, or

3) article 6.





§ 13. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who violates the following provision in Commission Regulation (EC) No 1782/2003. 829 of 28. June 2007 amending annexes I, II, VII, VIII, X and XI to the regulation with regard to the placing on the market the byproduct of certain products of animal origin, as amended by Commission Regulation (EC) No 1782/2003. 1256 by 25. October 2007 as regards the transitional period for the application of commercial documents and health certificates for animal by-products:





1) Article 1.





§ 14. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who violates the following rules of Commission Regulation (EC) No 1782/2003. 1432 of 5. December 2007 amending annexes I, II and VI to Regulation as regards labelling byproduct and transport of animal by-products:





1) Article 1.





§ 15. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who violates the following rules of Commission Regulation (EC) No 1782/2003. 437 of 21. May 2008 amending VII, X and XI to the by-product regulation as regards requirements for the processing of milk and milk products defined as category 3 material.

§ 16. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who violates the following rules of Commission Regulation (EC) No 1782/2003. 523 of 11. June 2008 amending Annexes VIII, X and XI to the by-product regulation with regard to the import of blood products for the manufacture of technical products:





1) Article 1.





§ 17. Notwithstanding sections 5-16 dead pet animals may be disposed of by burial.

(2). In this notice, the term pets all animals belonging to species normally fed and kept by people, without aiming at human or agricultural production, URf.eks. dogs, cats, Guinea pigs, reptiles, cage birds and aquarium fish.

§ 18. With fine punished anyone who violates sections 2-4.

(2). The penalty for violation of § § 2-16 can rise to imprisonment for up to two years, if it knows the action or failure occurred violations are committed with intent or gross negligence, and there in the infringement is:





1) Caused damage to human or animal health or caused danger therefor, or

2) achieved or intentional obtained a financial benefit for the person himself or others, including savings.





(3). There may be legal companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Date of entry into force of

§ 19. The notice shall enter into force on the 15. July 2008.

(2). At the same time repealed Executive Order No. 355 of 19. May 2003 concerning the disposal and processing of animal by-products.
DVFA, the 8. July 2008 P. S. V Jan Mousing/Tenna Olsen Official notes 1) Ordinance contains provisions necessary for the implementation of European Parliament and Council Regulation (EC) No 1782/2003. 1774/2002 of 3. October 2002 laying down health rules concerning animal by-products not intended for human consumption (Official Journal of the European Union 2002, L 273, p. 1ff).