Decree On Food Administration Tasks And Powers

Original Language Title: Bekendtgørelse om Fødevarestyrelsens opgaver og beføjelser

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Decree on food administration tasks and powers

Under section 66, paragraph 1, of the law on the keeping of animals, see. lovbekendtgørelse nr. 814 of 14. July 2012, article 36, paragraph 1, of the law on veterinary surgeons without prejudice. lovbekendtgørelse nr. 815 of 14. July 2012, article 110, paragraph 3, of the law on fisheries and aquaculture (fisheries), see. lovbekendtgørelse nr. 978 by 26. September 2008, section 17, paragraph 1, of the law on beekeeping, see. lovbekendtgørelse nr. 197 of 12. March 2009, section 22, paragraph 2, of the law on the administration of the European Community regulations concerning schemes under the common agricultural policy is financed by the European agricultural guarantee fund, etc. (support Act), see. lovbekendtgørelse nr. 244 of 28. February 2013, article 18, paragraph 1, in økologiloven of the basic regulation. lovbekendtgørelse nr. 416 of 3. May 2011, section 5, paragraph 1, of the law on animal feed, see. lovbekendtgørelse nr. 418 of 3. May 2011, § 58 of the law on food, see. lovbekendtgørelse nr. 250 by 8. March 2013, and section 24 (a) (1) in Danish, see. lovbekendtgørelse nr. 252 of 8. March 2013, fixed: § 1. The Decree deals with the tasks and powers of the veterinary and Food Administration in Denmark. Agency's duties and powers in Greenland are described in Ordinance on veterinary and Food Administration and the Greenland self-government duties and powers in Greenland on the part of the food and veterinary area, which is administered by the Agriculture Minister.

Tasks



§ 2. Food Agency is an agency under the Ministry of food, agriculture and fisheries. Agency conducts Food Ministry's policy in the field of food, veterinary matters, including animal welfare and animal nutrition. Agency is headed by a Director, a number of Deputy Directors and a veterinary Director.

§ 3. Food Agency for supervision and monitoring, as well as issuing regulations pertaining to food, veterinary matters, including animal welfare, animal nutrition and individual areas of fisheries. Agency shall conduct studies and provide information and advice on the areas mentioned. Agency must also follow health status among livestock and wild fauna in Denmark and, as necessary, in other countries.

§ 4. Food agency prepares draft legislation, prepares and sets administrative regulations, shall draw up guidelines, plans and programmes and decisions in individual cases in accordance with national rules and The European Union acts on those areas which are conferred on the Director of the Food Agency.

(2). Agency prepares cases to be submitted to the Minister of food, agriculture and fisheries.

(3). Agency prepares cases under section 18 shall be governed by the food Ministry's Complaint center.

(4). Agency, shall make the notification about the EU-Commission in accordance with the rules for notification of implementation of EU legal acts, for notification of State aid and for notification after information ' procedure ' directive in the field of technical standards and regulations.

(5). Agency participates in the treatment of EU matters and international cases submitted to the Minister.

§ 5. Food Agency provides technical advice and other assistance to the Minister of food, agriculture and fisheries and other public authorities, etc.

(2). Agency carries out guidance and information activities to other public authorities, organizations and private individuals.

§ 6. Food Agency exercises the Presidency and secretariat of: 1) the Danish Codex Alimentarius Committee.

2) Ministry of food, agriculture and Fisheries Advisory Committee for diseases in aquaculture animals.

3) Ministry of food, agriculture and Fisheries Advisory Committee relating to Control expenses.

(2). Agency secretariat function for the veterinary health Council, and the secretariat included an employee with a legal degree. Agency deals with entering the Agency from the veterinary health Council, which relate to the tasks which the Agency is responsible for pursuant to this Ordinance, the law of addition or other authority.

(3). Agency secretariat function for the Council for animal experimentation.

Powers



§ 7. Powers, who subsequently conferred on the laws the Minister for food, agriculture and fisheries, are exercised by the Director of the Food Agency, unless otherwise provided for in §§ 9-10 or in the applicable at any time the Executive order on Natural-Erhvervstyrelsens duties and powers: 1) law on the keeping of animals.

2) law for veterinarians.

3) law on food.

4) law on animal nutrition.

5) law on the protection of animal pathogens.

6) Danish.

7) law on indoor team of piglets, breeding and slaughter pigs.

8) law on indoor team of pregnant sows and gilts.

9) law on outdoor keeping of pigs.

10) law on keeping of dairy cattle and the offspring of dairy cattle.

11) law on the keeping of chickens.

12) law on hold by turkeys.

13) law on the team of horses.

14) law on teams of dogs.

15) law banning the keeping of foxes.

16) law banning slaughter and killing of pregnant animals and horses in the last tenth of gestation.

17) Law on the prohibition of the placing on the market of, etc. as well as the import and export of cat and dog fur or fur products and cats.

18) law on animal testing.

19) law on cloning and genetic modification of animals, etc.

§ 8. Powers after text annotation nr. 156 and nr. 158 ad section 24 on Finance Act conferred upon the Minister of food, agriculture and fisheries, are exercised by the Director of the Food Agency, except as otherwise provided in section 9 or in the applicable at any time the Executive order on NaturErhvervstyrelsens tasks and powers.

§ 9. The following powers, see. in sections 7-8 referred to laws and text annotations, however, continue to be exercised by the Minister for food, agriculture and fisheries: 1) the power to transfer tasks to people or an authority under the food Ministry, to other public authorities or institutions and for private, however, exercised the power under section 66, paragraph 3, of the law on the keeping of animals concerning henlæggelse af operation of Central Livestock register (CHR) to a private institution by the Director of the Food Agency.

2) the power to lay down rules on access to justice, including those relating to time limits, whether a complaints a suspensive effect, the right to reopen a case after the complaint has been lodged, and that decisions cannot be challenged before the administrative authority.

3) the power to appoint the Veterinary Health President and Vice-President and to lay down rules on the Council's activities and establishing a Council Secretariat and the composition and operation of the basic regulation. section 28 of the Act on the vets.

4) the power to establish committees to assist in the administration of specific areas in the field of food law referred to in article 6. section 58, paragraph 5 of the law on food.

5) the power to reduce The Animal Ethics Council, to appoint the President and Vice-President and to lay down the rules for the Council's activities in the rules of procedure referred to in article 6. Animal Protection Act § 25.

6) the power to establish the specific advice relating to animal welfare issues, to appoint the President and Vice-President and to lay down the rules for the Council's activities in the rules of procedure referred to in article 6. Animal Protection Act § 26.

7) the power to establish the Council on teams of special animals, to appoint the President and Vice-President and to lay down the rules for the Council's activities in the rules of procedure referred to in article 6. Animal Welfare Act section 26 (a).

8) the power to appoint the Chairman and other members of the Council for animal testing and to lay down rules of procedure of the Council, see. section 10 of the law on animal experiments.

9) the power to set up an Advisory Committee for the protection of animals used for scientific purposes, see. section 18 (1) (8). 8 of the law on animal experiments.

§ 10. Notwithstanding the provisions in paragraph 7 is exercised the following powers are vested in the Minister for food, agriculture and fisheries, of the veterinary and Food Administration: Director 1) Powers to combat livestock diseases in Chapter 6 of the law on the keeping of animals.

2) Powers in Chapter 2-6 and 8-9 of the law on the rights of the veterinary surgeon, veterinary surgeons vets duties, supervision of authorized veterinarians as well as deprivation of rights.

(2). Veterinary Director refers in the cases mentioned in paragraph 1, directly to the Department.

(3). Veterinary Director of the Food Agency Director keeps continuously informed about the tasks that are assigned to the veterinary Director, see. (1).

(4). Veterinary Director shall exercise the following functions: 1) negotiates with third countries in cases where export is required for the fulfilment of specific terrestrial animal health guarantees.

2) Dealer in the European Union on the terrestrial animal health conditions.

3) represents Denmark in international Organization on animal health (OIE).

4) Represent Denmark in the European Commission foot-and-mouth disease (EUFMD).

(5). Veterinary Director refers to in paragraph 4, the said functions to the Director of the Food Agency.

§ 11. The following powers are vested in the Minister for food, agriculture and fisheries after økologiloven, exercised by the Director of the Food Agency as regards aquaculture of fish as well as food and animal feed with content that is intended for dogs, cats and other pets: 1) Powers after § 6 to lay down rules on the design and application of ecology control mark (e-mark).

2) Powers after Act §§ 7 and 8 to grant and deny authorization and lay down rules for authorisation, including an application, etc.

3) Powers after Act §§ 10 and 11 to revoke a granted authorization.


4) Powers after § 12 to receive request to bring decisions under section 10, paragraphs 1 to 4, and article 11, paragraph 2, to the courts and Sue authorization holder.

5) Powers after § 13 to lay down rules or adopt provisions with a view to the implementation of The European Union directives and decisions as well as lay down the rules and implement the measures necessary for the application of regulations set by the European Union on matters covered by the økologiloven.

6) Powers after section 14 to lay down rules on organic production, including the preparation, processing, processing, bottling, packaging, repackaging, storage, documentation, self-monitoring, labelling, sale, offering for sale, distribution of sales, deals, distribution, transport, delivery and any other form of transfer, inbound and exportation, notification, reporting, approval and control.

7) Powers in accordance with § 15 to lay down rules concerning the obligation for companies that sell to or buy products from Ecology approved establishments to supply financial information.

8) Powers in accordance with § 16 to lay down rules on the levying of and payment for the total or partial coverage of expenses for the authorization, supervision, control and administration after økologiloven, in accordance with detailed rules adopted pursuant to økologiloven and according to the regulations issued by The European Union.

9) Powers after § 17 to lay down rules about disclosure, etc.

10) Powers after section 19, paragraph 1, to against the proper identification and without a court order to have access to public and private property, sites, business books, papers, etc., including material that is stored in electronic form, in order to provide information necessary to use for solution of tasks in accordance with økologiloven or provisions in The European Union regulations on matters covered by the økologiloven.

11) Powers in accordance with section 19, paragraph 2, after negotiation with the Minister of Justice to lay down detailed rules governing the assistance that the police provide to the implementation of the checks referred to in the ecology section 19, paragraph 1.

12) Powers after section 19, paragraph 3, to take samples, etc. to study without having to pay the payment for it.

13) Powers in accordance with § 20, upon request, to receive all the information, including financial and accounting matters, as required by the implementation of the checks in accordance with the law, as well as to receive assistance free of charge for testing, sampling, copying and delivery of written documents and printouts of the information, which is stored in electronic form.

14) Powers after section 21 to grant injunctions and prohibitions.

15) Powers after section 22 to require renewed conversion of land or animals.

16) Powers in accordance with section 23, paragraph 1, to ban a product is offered for sale, sold or otherwise transferred, referring 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.

17) Powers after section 23, paragraph 2, to prohibit any natural or legal person to sell or otherwise translate products on the ground that they are produced according to the organic production method, if the person has been guilty of serious or repeated violation of the requirements for doing so more often.

18) Powers in accordance with article 24, paragraph 2, to lay down the rules on penalty of fines for violation of the rules issued pursuant to økologiloven or rules laid down by The European Union on matters covered by the økologiloven.

19) Power after section 24, paragraph 3, to impose criminal liability in accordance with the rules of the companies, etc., the criminal code 5. Chapter.

20) Power after § 25 to indicate that the case can be settled without judicial proceedings by adopting a fine present.

§ 12. The following powers are vested in the Minister for food, agriculture and fisheries under section 22 of the law on beekeeping, shall be exercised by the Director of the Food Agency: 1) the power in section 13 (1). 3 of the basic regulation. lovbekendtgørelse nr. 585 of 6. July 1985 to lay down detailed provisions on the control of live bees, including caterpillars and other sexual products, as well as beekeeping equipment brought into or out of the country.

2) the power in section 13, paragraph 3, of the basic regulation. lovbekendtgørelse nr. 585 of 6. July 1995 to levy duties in the implementation of the in no. 1 shall be sent to the leading live bees, etc. into or out of the country.

3) the power in section 15, paragraph 2, of the basic regulation. lovbekendtgørelse nr. 585 of 6. July 1995 to provide for fines for violation of the requirements provided for under point 1. 1.4) the power in section 15, paragraph 3, of the basic regulation. lovbekendtgørelse nr. 585 of 6. July 1995 to impose on companies, etc., the criminal liability according to the rules laid down in the criminal code 5. Chapter.

§ 13. The following powers are vested in the Minister for food, agriculture and fisheries in accordance with the law on pharmacy business, shall be exercised by the Director of the Food Agency: 1) Power after § 9, paragraph 3, to lay down rules on the veterinary use of medicinal products for animals.

2) Power after 72, paragraph 2, of the Act to lay down rules on penalties for infringement of the provisions adopted in accordance with the No. 1.3) Power after section 72, paragraph 3, to impose on companies, the State, municipalities and local communities the responsibility of fine.

§ 14. The following powers are vested in the Minister for food, agriculture and fisheries in accordance with the law on fisheries and aquaculture (fisheries), be exercised by the Director of the Food Agency: 1) Powers in accordance with § 10 to regulate and implement measures for the fulfilment of Council Regulation (EC) No 1782/2003. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (the "IUU regulation"), Commission Regulation (EC) No 1782/2003. 1010/2009 of 22. October 2009 implementing Council Regulation (EC) No 1782/2003. 1005/2008, Commission Regulation (EC) No 1782/2003. 1224 by 20. November 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulation (EC) No 1782/2003. No 847/96, (EC) No 1782/2003. 2371/2002, (EC) No 1782/2003. 811/2004, (EC) no 768/2005, (EC) No 1782/2003. 2115/2005, (EC) No 1782/2003. 2166/2005, (EC) No 1782/2003. 388/2006, (EC) No 1782/2003. 509/2007, (EC) No 1782/2003. 676/2007, (EC) No 1782/2003. 1098/2007, (EC) No 1782/2003. 1300/2008, (EC) No 1782/2003. 1342/2008 and repealing Regulation (EEC) No 2377/90. No 2847/93, (EC) No 1782/2003. 1627/94 and (EC) No 1782/2003. 1966/2006 and Commission Regulation (EC) No 1782/2003. 404/2011 by 8. April 2011 on the detailed rules for the application of Council Regulation (EC) No 1782/2003. 1224/2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy, as regards the control of fish and fishery products imported into the EU from third countries by means other than direct landing in the Danish port, and the control of subsequent exports to third countries of imported fish and fishery products from third countries, provided that they have not undergone processing in Denmark.

2) Powers after § 112 (c), section 114 a, section 117 (1), (2). 1-4, (3) and (4) and sections 118-120 in order to carry out verification of compliance with Council Regulation (EC) No 1782/2003. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing and Commission Regulation (EC) No 1782/2003. 1010/2009 of 22. October 2009 implementing Council Regulation (EC) No 1782/2003. 1005/2008, Commission Regulation (EC) No 1782/2003. 1224 by 20. November 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulation (EC) No 1782/2003. No 847/96, (EC) No 1782/2003. 2371/2002, (EC) No 1782/2003. 811/2004, (EC) no 768/2005, (EC) No 1782/2003. 2115/2005, (EC) No 1782/2003. 2166/2005, (EC) No 1782/2003. 388/2006, (EC) No 1782/2003. 509/2007, (EC) No 1782/2003. 676/2007, (EC) No 1782/2003. 1098/2007, (EC) No 1782/2003. 1300/2008, (EC) No 1782/2003. 1342/2008 and repealing Regulation (EEC) No 2377/90. No 2847/93, (EC) No 1782/2003. 1627/94 and (EC) No 1782/2003. 1966/2006 and Commission Regulation (EC) No 1782/2003. 404/2011 by 8. April 2011 on the detailed rules for the application of Council Regulation (EC) No 1782/2003. 1224/2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy, as regards the control of fish and fishery products imported into the EU from third countries by means other than direct landing in the Danish port, and control with subsequent re-exports to third countries of imported fish and fishery products from third countries, provided that they have not undergone processing in Denmark.

3) Powers after § 130, paragraph 2, to lay down rules about punishment by fine for violation or attempted violation of the provisions of the rules laid down under point 1. 1, and powers after § 130, paragraph 4, to impose criminal liability in accordance with the rules of the companies, etc., the criminal code 5. Chapter.

4) after section 132 Authority to carry out the confiscation in cases relating to the violation of the No. 1 the above regulations and of the rules laid down under point 1. 1 in those fields, and powers in accordance with § 133 to make that claim for confiscation may be adopted without judicial proceedings.

§ 15. For cases covered by the law on the administration of the European Community regulations concerning schemes under the common agricultural policy is financed by the European agricultural guarantee fund, etc. (support Act), the following powers shall be exercised by the Director of the veterinary and Food Administration:


1) Power after § 4, paragraph 1, to lay down rules on the control of compliance with the regulations referred to in section 16.

2) Power after § 4 (a) to establish rules about disclosure, etc. with regard to the regulations referred to in section 16.

3) Power after § 5 to lay down rules about full or partial payment of the cost of supervision of compliance with the regulations referred to in article 16 and to lay down rules about full or partial payment for special services performed within these regulations area.

4) Power after section 20, paragraph 1, to attribute the interest for late payment of fees and charges in respect of the regulations referred to in section 16.

5) Power after § 24 to lay down rules on penalties for infringement of the regulations referred to in article 16 and of the rules laid down under point 1. 1 and 2 or for attempts to do so.

6) Power after section 29, paragraph 1, in the case of violation of the regulations referred to in article 16 and of the rules laid down under point 1. 1 and 2, to indicate that the case can be settled without judicial proceedings for the adoption of a fine present.

§ 16. On the areas where the Food Agency in this order have conferred powers in existing legislation, manages the Agency, as well the European Union regulations.

§ 17. The Minister of food, agriculture and fisheries can provide that powers under sections 7-8 and § § 11-16 shall be exercised by the Director of the Food Agency or veterinary Director, exercised by the Minister.

(2). The Minister can give the directors instructions concerning the exercise of the powers assigned to them.

Complaint rules



§ 18. Decisions of the Director of the veterinary and Food Administration, of the Director or of other authorities or institutions, including private institutions, in connection with the performance of tasks according to the § 7, nr. 1-5, § 8, §§ 11-12 and articles 14-16 referred to laws and regulations on matters covered by these laws, can be appealed to the Food Ministry's Complaint center.

(2). Complaint deadline is 4 weeks, see. However, paragraph 3. The appeal must be filed through the authority which took the decision.

(3). The food Ministry's Complaint center may within 6 months after the decision to ignore the exceeding of deadline, when the breach of the specific complaint reasons is excusable.

(4). Decisions of the Director of the Food Agency after the in section 7, nr. 6-14 the said laws and regulations on matters covered by these laws, can be appealed to the Food Ministry's Complaint center. The complaint may be submitted through the Food Agency. For orders after they are in § 7, nr. 6-13 mentioned laws have complaint period 4 weeks, and Food Ministry's Complaint center may, in exceptional cases, treat the appeal after the deadline.

(5). Decisions of the Director of the Food Agency after the section 8 mentioned text annotations can be appealed to the Food Ministry's Complaint center.

§ 19. Decisions taken by the Director of the Food Agency as a result of a review from a consumer or a consumer organization of a possible violation of the law on foodstuffs, regulations issued thereunder, or The European Union regulations, decisions or other directly applicable Community legislation in the area of food law area, can be appealed to the Food Ministry's Complaint center of the following nationwide consumer organisations: 1) Consumer Council, 2) Denmark's Active Consumers , 3) the Danish Federation of green living and 4) NOAH.

(2). The Minister of food, agriculture and fisheries may decide that foreign nation-wide consumer organisations which provide general consumer interests, can appeal against a decision in accordance with the rules laid down in paragraph 1.

(3). A consumer organisation, pursuant to paragraphs 1 and 2, brought proceedings against a decision, stand as party to the appeal proceedings.

(4). Complaint deadline is 4 weeks, see. However, paragraph 5. The appeal must be filed through the authority which took the decision.

(5). The food Ministry's Complaint center may within 6 months after the decision to ignore the exceeding of deadline, when the breach of the specific complaint reasons is excusable.

§ 20. The Director of the Food Agency, respectively, veterinary Director may resume a case after the complaint has been filed, however, with the exception of decisions taken after the in section 7, nr. 6-13 mentioned laws.

§ 21. The Director of the Food Agency or veterinary Director, see. § 10, can only grant a derogation provided in § 7 and § § 11-15 referred to laws or regulations issued pursuant to these, when the derogation is evidenced by the law or regulations issued pursuant to the law.

§ 22. The notice shall enter into force on the 1. April 2013.

(2). At the same time repealed Executive Order No. 1203 of 13. December 2012 on the functions and powers of the veterinary and Food Administration and Decree No. 1358 by 15. December 2009 on the basis of a sample of the welfare of farm animals and horses, which are not kept for agricultural purposes.

Ministry of food, agriculture and fisheries, the 20. March 2013 Mette Gjerskov/Birgitte Thiesen

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