Decree On Food Regions

Original Language Title: Bekendtgørelse om fødevareregionerne

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=115260

Decree on food regions

Under section 47, paragraph 2, and section 49, paragraph 1, and section 58 of the Act No. 526 of 24. June 2005 on food, section 29 and section 66 of Act No. 432 of 9. June 2004 on the keeping of animals, § 9, paragraph 1, and section 10 of the økologiloven, see. lovbekendtgørelse nr. 761 of 29. June 2006, article 36 of law No. 433 of 9. June 2004 on veterinary surgeons, § 4 (1) and section 22, paragraph 2, of the law on the administration of the European Community regulations concerning the Organization of markets for agricultural goods, etc. (enabling Act), see. lovbekendtgørelse nr. 297 of 28. April 2004, § 3, paragraph 2, of the law on seeds, potatoes and plants, see. lovbekendtgørelse nr. 261 of 26. April 1999, as amended by section 4 of Act No. 404 of the 1. June 2005, section 17 of the law on beekeeping, see. lovbekendtgørelse nr. 759 of 29. June 2006, and section 13, paragraph 1, no. 3, of the law on beekeeping, see. lovbekendtgørelse nr. 585 of 6. July 1995, as amended by Act No. 450 of 22. May 2006 shall be determined in agreement with the Minister of Justice:

§ 1. There are under veterinary and Food Administration created 3 food regions as the regional State authorities.

(2). Each region is headed by a regional manager and consists of the following departments:





1) a contingency center, which is managed by an emergency Manager,

2) 2-4 control departments, each headed by a Chief, control

3) a laboratory, which is headed by a laboratory Chief, and

4) a secretariat, which is headed by a head of Secretariat.





§ 2. The individual food region carries out as supervisory authority within its geographical area referred to in §§ 3-11 and § 14 scheduled tasks relating to





1) prevention and control of animal diseases and zoonoses, including the control and supervision of products of animals

2) control and supervision of primary production, processing and sale of foods and animal products, animal breeding material and non-food products,

3) control and supervision of ecological activities,

4) control and supervision of imports and exports of food and live animals and products thereof,

5) control and supervision in the area of animal welfare,

6) control and supervision of food establishments, which also has been approved or registered as operators in accordance with Ordinance on feed and feed business operators, because they sell by-products for use as animal feed, and

7) registered on the market.





(2). Food regions shall exercise the powers that are associated with the function of the supervisory authority, including access without a court order, where this is permitted.

(3). Food regions assists the Food Agency in the administration of veterinary and food sector, including through the preparation and drafting of general regulations.

(4). Food regions exercising local guidance and information to consumers, businesses, primary producers and practitioners as well as other local authorities and disseminate knowledge about, among other things. food hygiene, labelling, nutrition, toxicology, animal health and animal welfare, as well as conditions for the export of foods, animals etc.

(5). Food regions provide technical advice and other assistance to other local authorities, etc.

§ 3. Food regions leads, unless otherwise provided, compliance with the rules laid down in the law on foodstuffs and rules laid down in accordance with the law are complied with. Food regions carries out the controls related tasks, inter alia: relating to certificates and attestations.

(2). For the tasks referred to in paragraph 1 is attributed to food regions, engaged in the concerned regional manager the following powers pursuant to the Food Act:





1) the power in section 5, paragraph 2, to prohibit the sale of foods within the region's geographical area.

2) the power in section 5(3), to prohibit, restrict or impose conditions for the cultivation of crops, etc. within the region's geographical area.

3) the power in section 39, paragraph 1, to provide for imports and exports of foodstuffs in respect of specific products.

4) the power in section 39, paragraph 2, to provide for specific products that passed through the country as transit goods or stored as transit goods.

5) the power in section 52, paragraph 1, and section 52 (a) to grant injunctions and prohibitions.

6) the power in section 52, paragraph 2, to provide for the measures pursuant to section 52 (1) shall be made to the company's expense.

7) the power in section 52, paragraph 3, to revoke an authorization or registration.

8) the power in section 61 (1), to indicate that the case can be settled without judicial proceedings by adopting a fine present.





(3). Food regions performing for those of paragraphs 1 and 2 included the collection of the duties under section 45, paragraphs 1-3, in the Food Act provided for fees and charges as well as the administration of the provisions laid down in section 45, paragraph 4-8, in the same law.

(4). Unless otherwise provided, can food regions during major disasters, including the crisis or war, under section 59 (1) of the Food Act adopt the provisions necessary to ensure the most advantageous use of foods, avoid contaminants, etc. and ensure the population's supply of food. Regions including, where necessary, provide for derogation from the rules laid down by the law or the rules laid down in accordance with the law.

§ 4. Food regions leads, unless otherwise provided, compliance with the rules laid down in law on veterinary surgeons, and rules laid down in accordance with the law are complied with. Food regions carries out the tasks that are associated with controls, including, inter alia, relating to certificates and attestations.

(2). For the tasks referred to in paragraph 1 is attributed to food regions, engaged in the concerned regional manager the following powers pursuant to the law on veterinary surgeons:





1) the power in section 10, paragraph 1, in specific cases, to impose a veterinarian to take on veterinary work as part of the public fight against infectious diseases in livestock.

2) the power in section 11, paragraph 1, to require authorised veterinarians in the provision referred to reports, reviews and information.

3) the power in section 39 to make that the case can be settled without judicial proceedings by adopting a fine present.





§ 5. Food regions leads, unless otherwise provided, compliance with the rules laid down in the law on the keeping of animals and rules laid down in accordance with the law are complied with. Food regions carries out the controls related tasks, inter alia: relating to certificates and attestations.

(2). For the tasks referred to in paragraph 1 is attributed to food regions, engaged in the concerned regional manager the following powers pursuant to the law on keeping of animals:





1) the power under section 7, paragraph 1, to grant permission for Permanent Assembly centres for animals.

2) the power under section 7 (2), to receive notification about fairs, markets, shows and auctions, to be held not more than 4 times a year, and which fed into the animals.

3) the power in section 19 to grant waivers for owners of enclosures with deer as well as set conditions for doing so.

4) the power under section 28, paragraph 2, to receive notification from vets suspected that there is a compulsorily notifiable disease in accordance with the law.

5) the power under section 30, paragraph 1, to grant injunctive relief on the implementation of special measures as well as announce ban on the use of animals, their parts or animal foods, sperm, oocytes, embryos of animals, manure, hay, straw, animal feed and other products and objects with which diseases and zoonotic infectious agents can be spread.

6) the power under section 30, paragraph 3, in concrete cases, to prohibit or restrict the collection of and movement of animals, as well as the movement of products of animals, feed and feed slurry, manure, slurry, bedding and any other material which may involve the risk of the spread of zoonotic pathogens or diseases.

7) the power under section 32 for in specific cases to ban livestock farming in places that present special health risk for livestock.

8) the power under section 45, paragraph 1, to grant an authorisation for the provision of covered companies.

9) the power in section 63 to grant injunctions and prohibitions.

10) the power in section 71, paragraph 1, to indicate that the case can be settled without judicial proceedings by adopting a fine present.





(3). Food regions performing for those of paragraphs 1 and 2 included the collection of the duties under section 53 of the Act on the keeping of animals laid charges and fees as well as the administration of the provisions provided for in § 55 of the same law.

§ 6. Food regions assume, unless otherwise provided, the monitoring of the rules, as the food agency determines under section 2, paragraph 2-5, in økologiloven, the rules laid down are observed. Food regions carries out the tasks that are associated with controls, including, inter alia, relating to certificates and attestations.

(2). For the tasks referred to in paragraph 1 is attributed to food regions, engaged in the concerned regional manager the following powers pursuant to økologiloven:





1) the power under section 3, paragraph 2, to prohibit that a product sold under reference to the fact that it is produced according to the organic production method, where the product does not comply with the requirements for doing so.


2) the power under section 3, paragraph 3, to prohibit a person or trader in a period that cannot exceed 5 years, to sell or otherwise translate products on the ground that they are produced according to the organic production method, if the person or the operator has been guilty of serious or repeated violation of the rules to that effect more often.

3) the power under section 4 (1), to revoke the authorisation granted on the basis of the rules set out under section 2, paragraph 3, if the conditions of approval are not complied with.

4) the power under section 4 (2), below that specified conditions to determine that a revoked authorization can only be restored after a maximum period of 5 years.

5) the power under section 4, paragraph 3, which referred to below the prerequisites to refuse authorisation within a period not exceeding 5 years.

6) the power under section 7, paragraph 1, to grant injunction renewed conversion of land or livestock, if it finds a violation of the applicable rules for organic production methods for the concerned operating branch.

7) the power under section 7 (2), to grant injunctive relief in order to ensure compliance with applicable rules.

8) the power under section 14 in respect of violation of the rules of paragraph 2 included to indicate that the case can be settled without judicial proceedings by adopting a fine present.





(3). Food regions performing for those of paragraphs 1 and 2 included the collection of the duties under section 6, paragraph 1, of the økologiloven laid charges and fees as well as the administration of the provisions laid down in article 6, paragraphs 2 and 3, of the same law.

§ 7. Food regions assume, unless otherwise provided, the control and supervision, etc. to ensure compliance with the provisions of the regulations of the European Community, in full or partially administered by the veterinary and Food Administration. Food regions carries out the tasks that are associated with controls, including, inter alia, relating to certificates and attestations.

(2). For the tasks referred to in paragraph 1 is attributed to food regions, carries out food regions, unless otherwise provided, verifying that the food agency under section 4, paragraph 1, of the law on the administration of the European Community regulations on market organisations for agricultural products, etc., the rules laid down are observed. Food regions carries out the controls related tasks, inter alia: relating to certificates and attestations.

(3). For the tasks referred to in paragraphs 1 and 2 are assigned to food regions, engaged in the concerned regional manager the power in section 29, paragraph 1, of the law on the administration of the European Community regulations on market organisations for agricultural products, etc. to with regard to violations of the rules of paragraph 2 included to indicate that the case can be settled without judicial proceedings by adopting a fine present.

(4). Food regions carries out collection of under section 5 of the law on the administration of the European Community regulations on market organisations for agricultural products, etc. for the fees and charges provided for by paragraphs 1 to 3 covered tasks as well as management of the provision laid down in article 20, paragraph 1, of the same law.

§ 8. Food regions assume, unless otherwise provided, verifying that the food agency pursuant to § 1, paragraph 1 – 2, § 1, paragraph 3, nr. 1 and nr. 4-8, § 1 (4) and (1a) of the Act on seeds, potatoes and plants, provided the rules are complied with. Food regions carries out the controls related tasks, inter alia: relating to certificates and attestations.

(2). For the tasks referred to in paragraph 1 is attributed to food regions, engaged in the concerned regional manager the power in section 5 of the Act on seeds, potatoes and plants for with regard to violations of the rules covered by paragraph 1 to indicate that the case can be settled without judicial proceedings by adopting a fine present.

(3). Food regions carries out for the paragraph 1 included the tasks collection of the pursuant to § 1, paragraph 3, nr. 9 of the law on seeds, potatoes and plants laid charges and fees as well as the administration of the provisions set out in section 1, paragraph 7-8, in the same law.

§ 9. Food regions assume, unless otherwise provided, verifying that the food agency under section 13, paragraph 1, and section 15, paragraph 2, of the law on beekeeping, see. lovbekendtgørelse nr. 585 of 6. July 1995 as last amended by Act No. 538 of 8. June 2006, established rules are complied with. Food regions carries out the controls related tasks, inter alia: relating to certificates and attestations.

(2). Food regions carries out collection of the of section 13, paragraph 3, of the law on apiculture included the costs of the checks referred to in paragraph 1.

§ 10. Food regions engaged, unless otherwise provided, to the food business operators also are approved or registered as operators in accordance with Ordinance on feed and feed business operators, because they sell by-products for use as animal feed, the following powers pursuant to the feedingstuffs legislation and regulations issued in implementation thereof:





1) verification of compliance with articles 6 and 7 and with annex II of the European Parliament and of the Council Regulation (EC) No 1782/2003. 183/2005 of 12. January 2005 on requirements for feed hygiene,

2) decisions, including injunctions and prohibitions, see. section 2, paragraph 4 of the law on animal feed, by violating the rules mentioned in nr. 1,

3) indication of that a case can be settled without judicial proceedings by adopting a fine present, see. section 7 of the law on animal nutrition, in violation of the provisions of no. 1,

4) publication of inspection and analysis results, see. section 1, paragraph 3, nr. 10 and paragraph 4 of the law on animal nutrition, as a result of violation of the provisions of no. 1, and

5) collecting payment for verification of compliance with the provisions of paragraph 1, nr. 1, of the basic regulation. the applicable at any time the Executive order on payment for feed control.





(2). Food regions have access to all the information necessary for the exercise of control and supervision in accordance with paragraph 1 and may take samples for examination free of charge, see. § 3 of the law on animal nutrition.

(3). Decisions of food regions in connection with the performance of control and other tasks pursuant to paragraphs 1 and 2, may be appealed to the Director of the Danish plant Directorate in accordance with the provisions in force at any time. The appeal period is 4 weeks. The appeal must be filed through the authority which took the decision.

§ 11. Within the Ministry of Justice administers food regions the business area for veterinary and Food Administration filed, tasks related to:





1) authorization or registration of, and control of the means of transport of vertebrate animals, and

2) assistance, registration and control, as well as permissions, approvals and the like in connection with animal protection and animal welfare conditions.





(2). Decisions of food regions in connection with the performance of the tasks referred to in paragraph 1 may be appealed to the Food Agency, unless other remedies is required under the law in the area in question.

§ 12. Decisions of food regions in connection with the performance of control and other tasks pursuant to sections 3 to 9 and section 14 can be appealed to the Secretariat of the food and veterinary complaints. Complaint deadline is 4 weeks, see. However, paragraph 2. The appeal must be filed through the authority which took the decision.

(2). The Secretariat of the food and veterinary complaints may within 6 months after the decision to ignore the exceeding of deadline, when the breach of the specific complaint reasons is excusable.

(3). Food regions can resume a case after the complaint has been lodged.

§ 13. The chemical analysis tasks for all regions carried out by Food region North and East region or of other Food laboratories outside the Food Agency in agreement with these.

§ 14. The inspection and supervisory functions at Greenland, under the purview of the veterinary and Food Administration, carried out by Food region North.

§ 15. The notice shall enter into force on the 1. March 2008.

(2). At the same time repealed Executive Order No. 1355 of 15. December 2005 on food regions.
Food Agency, 27. February 2008 Anders Munk Jensen/Susanne Rosbach