Regulation on the requirements for the authorisation of classification companies and classifiers for carcases of bovine animals, swine and sheep (2). Meat Act-Implementing Regulation-2. FlGDV)

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2. FlGDV

Date of completion: 12.11.2008

Full quote:

" 2. Meat Act-Implementing Regulation of 12 November 2008 (BGBl. 2186, 2189), as last amended by Article 7 of the Regulation of 17 June 2014 (BGBl I). 793).

Status:

Last amended by Art. 7 V v. 17.6.2014 I 793

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 19.11.2008 + + +) 

  

The V was adopted as Article 2 of the V v. 12.11.2008 I 2186 from the Federal Ministry of Food, Agriculture and Consumer Protection. She's gem. Article 8, first sentence, of this V entered into force on 19 November 2008. Unofficial table of contents

§ 1 Application for admission as classification company

(1) The application for admission as a classification company must be submitted in writing or electronically to the Federal Institute for Agriculture and Food (Bundesanstalt). At the request of the Bundesanstalt, the applicant has to submit documents electronically or exclusively. The Federal Institute may announce samples in the Federal Gazette and demand the use of the samples for the application. § § 71a to 71e of the Administrative Procedure Act shall apply to the procedure provided for in this paragraph on a uniform body. The examination of the application by the Bundesanstalt must be completed within six months. The deadline shall begin with the receipt of the complete dossier. It may be extended in an appropriate way once it is justified on account of the difficulty of the matter. The term extension must be justified and communicated in due time. (2) The letter of acceptance shall be issued in writing. Unofficial table of contents

§ 2 Application content

(1) The application for authorisation in accordance with § 1 must contain:

1.

the name and address of the applicant undertaking, and in the case of branches, the address of the applicant ' s address,

2.

Evidence that the undertaking may properly classify carcases of bovine animals, swine and sheep in accordance with the relevant trade-class law, and in particular that they are to be carried out in accordance with the provisions of the relevant commercial-class law. of the classification staff have the necessary authorisation,

3.

presentation and declaration that the independence of the company within the meaning of section 3 (1) (2) (a) of the meat law and § 3 of this Regulation is ensured,

4.

in the case of an activity preceding the application, a presentation in the field of the classification of carcasses

a)

the previous classification activity by type and scope, at the latest for the period of the last three years prior to the application,

b)

the previous contracting authority and

c)

the certificate of the classifiers employed by him, by means of information on the admission, training and professional experience in the field of classification and weighing of carcases;

5.

Presentation of the organizational structure of the company and

6.

an extract from the business register of the applicant company, in the case of a legal person or a non-legal group of persons, also for the representation in accordance with the law, the articles of association or the social contract for the purpose of representation or Managing Directors.

The proof referred to in the first sentence of paragraph 2 shall be provided by the submission of appropriate documents relating to the equipment and the persons employed by the applicant undertaking. (2) In addition to the information provided in the application, it may be necessary to: Bundesanstalt shall request further information from the applicant company as far as this is necessary for the decision on the application. Unofficial table of contents

§ 3 Independence of classification companies

(1) A classification enterprise is not independent, in particular, within the meaning of Article 3 (1) (2) (a) of the Meat Law, if it is based on a capital contribution or by full or partial identity of persons in the Management or other body with another party to the marketing chain for meat, in particular a slaughterhouse, a slaughterhouse, a livestock holding company, a producer group, a livestock exploitation facility or to a food trade company. (2) By way of derogation from paragraph 1 shall not preclude the membership of representatives of several parties to the marketing chain for meat in an institution of a classification undertaking of the independence of a classification undertaking, if:

1.

ensuring that they are not able to exercise any significant influence on the performance of the classification in the slaughterhouse, and

2.

the classification company is subject to a special surveillance by the competent authority under national law.

(3) It is necessary to ensure that classification undertakings have access to the data collected by the scale and not to be influenced by the slaughterhouse, and also to the classification of carcasses with a classification device. data collected by the classification device and any other data collected by the classifier in connection with its activity.

Footnote

(+ + + § 3 para. 3: For the first application as of 1.11.2009, cf. § 16 + + +) Unofficial table of contents

§ 4 Restrictions on the admission of classification companies

(1) The authorisation shall be granted for the entire Federal territory. By way of derogation from the first sentence, the authorisation for classification undertakings within the meaning of Article 3 (2) shall be granted only for the country in question. (2) The authorisation shall be granted only for the classification of the carcases of individual animal species, if the Classification companies have provided evidence only for these species that it can carry out the classification properly. (3) The authorisation may be accompanied by additional requirements. Conditions may also be subsequently added, supplemented or amended. Unofficial table of contents

§ 5 Approval of classifiers

(1) The classification as a classifier in accordance with § 4 of the meat law shall be granted for the classification of carcasses of the animal species for which the classifier has the required expertise. (2) A classifier shall keep animals which are to be classified as a classification. In the case of slaughter, this shall not preclude the independence of its independence required in accordance with Article 4 (1), second sentence, point 3 of the meat law, if it is ensured that the classifier does not on the day on which his animals are slaughtered in a slaughterhouse. slaughtered in selbigem. (3) Admission as a classifier for the Classification of pig carcases is carried out for the ZP method, as well as separately for the following device groups or types of equipment:

1.

Devices with ultrasonic probe,

2.

Equipment with a single-stitch probe,

3.

Device types with a single authorisation pursuant to Commission Decision 89 /471/EEC of 14 July 1989 concerning the approval of procedures for the classification of pig carcasses in Germany (OJ L 378, 27.9.1989, p. EC No L 233 p. 30), as amended.

The approval only takes place for the device groups and device types with which the classifier has passed the respective practical test. In the case of device types with individual approval, a separate examination of the subject-matter is required for each type of device. Unofficial table of contents

Section 6 Admission request

(1) The application for admission as a classifier must be submitted in writing to the competent authority. The competent authority is the authority in whose district the applicant has his main apartment. At the request of the competent authority, the applicant shall also have to submit documents electronically or exclusively. The competent authority may indicate in the Federal Gazette for the application pattern and may require the use of the samples. (2) The application referred to in paragraph 1 shall include:

1.

the name and address of the applicant;

2.

two current light images corresponding to the requirements laid down in § 5 sentence 1, 2 and 4 of the passport regulation,

3.

an indication of which animal species and, in the case of the classification of pig carcases, the authorisation for which equipment groups and types of equipment is requested,

4.

proof of the activity or training of a classification company,

5.

the declaration that and how the independence of the classifier is ensured in accordance with § 5 (2) and § 4 (1) sentence 2 no. 3 of the meat law, and

6.

proof of participation in a course of training by submitting a confirmation of participation and on the successful examination of the subject-matter in accordance with § 4 (2) of the meat law.

In order to assess the reliability required in accordance with Article 4 (1), second sentence, no. 3 of the meat law, the application for admission shall be subject to the application of a certificate of management for submission to the authority responsible for the authorisation and a copy or a copy of the certificate. the application shall be accompanied by the application referred to in paragraph 1. Unofficial table of contents

§ 7 Training and examination of the classification of classifiers

(1) The examination according to § 4 (2) of the meat law consists of a theoretical part and a practical part. The examination comprises the contents listed in Appendix 1. (2) The training course according to § 4 (3) of the meat law includes at least the contents listed in Appendix 2. Unofficial table of contents

§ 8 Examination Commission

The examination of the subject-matter examination shall be carried out by an examination committee established by the competent authority. The examination committee shall consist of at least two persons appointed by the competent authority. In doing so, a member is appointed as Chairman of the Examination Commission. Only those who have at least three years of experience in the implementation or supervision of the classification of carcasses can be appointed to a member of an examination board. Unofficial table of contents

§ 9 Examination dates and registration for examination

The competent authority shall determine the dates for the carrying out of the examination of the subject-matter as required. The competent authority shall publish the dates and the notifying parties in good time in good time. Unofficial table of contents

Section 10 Implementation of the examination of the subject-matter examination

(1) The participants of the examination shall, at the request of the Examination Commission or the supervisor, be able to identify the person who is responsible for the person. Prior to the beginning of the examination, they are to lecture on the course of the examination, the time available, the permitted work and tools and the consequences of acts of deception and order violations. (2) Participants who are involved in a The examination board or the supervisor may provisionally be excluded from the examination by the examination board or by the supervisor. (3) On the final exclusion and the The following decisions are taken by the Examination Committee after hearing the examination participant. In serious cases, in particular in the case of preparatory acts of deception, the examination may be declared unpassed, even subsequently, if the deception is determined within one year of the conclusion of the examination. (4) The competent authority may send an observer to the examination. (5) The theoretical part of the examination shall consist of written questions. More than half of the questions may be multiple-choice questions. These questions must contain at least four response proposals, at least one of which must be correct. The questions will be drawn up by the competent authority. Unofficial table of contents

§ 11 Resignation, non-participation

If the applicant resigns from the examination or if he does not participate in the examination without an important reason being present, the examination shall be deemed not to pass. Unofficial table of contents

§ 12 Examination result and certificate

(1) The theoretical test has been passed if the test participant has reached at least 60 per cent of the points to be achieved. The existence of the practical test shall be determined in accordance with the requirements of Annex 1, Section 2. (2) The test participant shall receive a certificate from the competent authority on the result of the examination of the subject-matter. In the event of a non-qualified examination of the subject-matter examination, the examination participant shall be informed of the provisions concerning the repeat examination in accordance with § 13. Unofficial table of contents

Section 13 Repeal of the examination of the subject-matter

An unpassed examination of the subject-matter examination cannot be repeated at most twice. The examination of subjects can be repeated at the earliest on the next examination date. Unofficial table of contents

§ 14 Admission certificate, classification certificate, personal stamp, information

(1) The approved classifier shall be admitted to the approved classifier by the competent authority, a certificate of admission, a classification certificate (ID) and a personal stamp. The classifier shall always be responsible for the identity of the card when carrying out its duties. The certificate of admission and the identity card shall contain at least the following information:

1.

the name, address and date of birth of the classifier;

2.

Date of authorisation,

3.

the designation of the competent authority,

4.

the designation of the types of carcasses for which authorisation has been granted; and

5.

the classification equipment for the classification of pig carcases for which the authorisation has been granted.

(2) When the certificate of approval, the identity card and the personal stamp are handed out, the classifier shall be informed of the importance of its position and its independence from the parties to the marketing chain for meat. The competent authority shall carry out a written proof, signed by the classifier, of the implementation of the information referred to in the first sentence. The classifier is given a copy of the proof. Proof shall be kept for the entire duration of the classification of the classifier. Section 12 (5) of the Meat Law is to be applied. Unofficial table of contents

§ 15 Training course, continuing education examination

(1) The training course according to § 4 (4) of the meat law refers to the content of Appendix 2. To the training examination, the provisions of this Regulation on the conduct of the examination of the subject-matter, with the exception of § 13, shall apply. By way of derogation from Section 7 (1), the competent national authority may waive the theoretical part of the examination. In this case, the training examination may be carried out in the context of a classification control in the slaughterhouse. A waiver of the theoretical part of the test shall not be allowed at most for any second test. The practical examination of classification equipment for pig carcases may be carried out during each examination in connection with a classification control. (2) If a classifier does not carry out the training test, it must: Repeat the training test in the next examination date. (3) If a classifier does not take the training examination a second time, or if it has not received an important reason over a period of more than two years, it does not have to be Training course, he/she may not carry out his/her activity until after he/she has has passed a re-examination of the subject-matter. Unofficial table of contents

Section 16 Transitional regime

§ 3 (3) shall be applied only from 1 November 2009. Unofficial table of contents

Annex 1 (to § 7 (1) and § 12 (1))
Expert examination

(Fundstelle: BGBl. I 2008, 2193-2194;
with regard to of the individual amendments. Footnote)

Section 1Theoretical Examination In the theoretical examination, the examination participant must prove that he knows the relevant technical and legal bases listed in Annex 2 (2) (a) and (c) for the training course. understood.

Section 2Practical Examination The practical part of the test consists of two parts: Part A-Classification, Part B-weighing and cutting guidance. The examinee has to prove that he understands the theoretical knowledge in practice.

Part 1Cattle and sheep slaughtered

A.

Classification

1.

In the practical test on the classification of bovine animals and sheep carcasses, at least 30 carcases of the particular species in categories and commercial classes shall be classified by the test participant in two passes. After the evaluation of the first classification passage, the classification determined by the examiner for each individual carcase is passed through with the test participant. The result of the second classification pass is decisive for examination.

1.1.

In the case of bovine carcasses, classifications shall not differ from the classification established by the auditor for at most one sub-group (meat and fat coverage). Deviations that exceed a subgroup will be tolerated at most 10 percent of the carcasses per feature (meat and fat coverage). It is possible to accumulate, but no more than five deviations may have occurred in one feature. Deviations in the category classification will be tolerated at most 10 percent of the carcasses. If the allowed error rate is exceeded, the test has not been passed.

1.2.

In the case of sheep carcasses, the classification may differ from the classification established by the examiner by a maximum of 10 per cent per feature (category, meatiness and fat coverage). It is possible to accumulate, but no more than five deviations may have occurred in one feature. If the allowed error rate is exceeded, the test has not been passed.

2.

The check is not passed even if the sex determination relevant to the category determination does not occur without error.

B.

Weighing/cutting The carcase is the right blank for the determination of the slaughter weight in accordance with § 2 para. 2 of the 1. Meat Act-Implementing Regulation. If the test participant cannot explain the cut without errors, the test has not been passed.

Part 2 pig carcases

A.

ClassificationIn the practical test on the classification of pig carcases, the test participant must state that he is responsible for the function and operation of the classification equipment and the two-point method according to Appendix 3 of the Pig carcases (ZP procedure) is dominated by the trade-class regulation. Otherwise, the check did not pass.

I.

Classification with ChoirometernThe test participant must determine the dimensions of the carcase for 30 carcases in accordance with Appendix 2 of the Pig Slaughterhouse-Commercial Class Regulation on the Battleband. A previous reference setting does not need to be established.

1.

Classification with probe equipment In probe devices (invasive procedures) the following tolerances apply:

1.1

On the individual carcase:

1.1.1

The incline must be in the height (caudal/cranial) between the two-and third-last ribs.

1.1.2

The incline 7 cm from the side of the parting line (medial/lateral) must not deviate by a maximum of +/-1.0 cm.

1.1.3

The spout in the abdominal cavity must be 4 cm from the side of the outer edge of the vertebral body and must not deviate by a maximum of +/-0.5 cm.

1.1.4

The distance to the surface of the carcase, which is reached at the end of the cross-plate of the control needle 8 cm caudal/cranial from the puncture, shall not exceed 1,0 cm.

1.2

For the test sample, the injection site defined in 1.1 may only be missed in 10 per cent of the cases by a maximum of one rib, the tolerances referred to under 1.1.2 to 1.1.4 must in each case be exceeded in 10 per cent of the cases. Accumulation is allowed, but no more than five transgressions are allowed per feature. If the allowed error rate is exceeded, the test has not been passed.

2.

Classification with ultrasonic equipment For ultrasonic devices (non-invasive procedures), the following tolerances apply to the marking location:

2.1

On the individual carcase:

2.1.1

The marking location is located

at the CSB-Ultrameater 7 cm at the side of the parting line, 12 cm above (caudal) of the measuring point,

in the US Porkitron (pistol with aluminium housing) 7 cm on the side of the dividing line, 11 cm above (caudal) of the measuring point and

in the case of the US Porkitron (pistol with plastic housing) 7 cm on the side of the dividing line, 8 cm above (caudal) of the measuring point.

The marking site may differ by a maximum of 1.0 cm in the caudal/cranial and medial/lateral position.

2.1.2

The cross bar of the mark must be/must be horizontal in the US Porkitron. The extension of the crossbar (cross beams located at the caudal aluminium pistols) must not be less than 1.0 cm at the caudal/cranial dividing line. The CSB Ultrameater shall be used to record the video recordings of the classified carcases. Control of the correct sound outlet.

2.2

For the test sample, the tolerances referred to in 2.1 for measurements on the individual carcase may be exceeded in a maximum of 10 per cent of the cases. Accumulate is allowed, but no more than five exceedances are allowed per tolerance. If the allowed error rate is exceeded, the test has not been passed.

II.

Classification with an AutoFOM-Investment The function, the commissioning and the test of the AutoFOM plant are to be explained and demonstrated without error by the test participant. The examination shall refer to the following sections:

1.

examination of the software;

2.

checking the hardware,

3.

Examination of the technical environment,

4.

regulatory checks and

5.

general controls.

If the test participant fails to explain and demonstrate the function, the commissioning and the examination of the AutoFOM plant, the test has not been passed.

III.

Classification using the ZP method

1.

The measured values (reference values) to be used for testing in the ZP method shall be determined by the examiner at at least twenty pig carcases. The reference values shall be determined by means of measurements on the pig carcase in accordance with Appendix 3 of the Swine-clachtbody-Handelsklass-Regulation.

2.

Examiners and test participants have the same measuring tool to use.

3.

There are two test passes to be carried out. The results of the first pass are to be discussed with the participants. The second examination pass is not required for the examination participants, who in the first examination pass the specified values within the under 4. shall have been performed on all carcases.

4.

In the second pass, the test participant must provide the specified values within the following tolerances:

4.1

On the individual carcase, the values measured by the carcase may differ by +/-2 mm at most and at most by +/-3 mm for the thickness of the meat in the case of the thickness of the bacon.

4.2

Deviations exceeding the dimensions mentioned under 4.1 shall be tolerated at a maximum of 10 per cent of the carcasses, where cumulation is permissible, but no more than five exceedances are permitted per tolerance.

4.3

(dropped)

If the allowed error rate is exceeded, the test has not been passed.

B.

Weighing/cutting The carcase is the right blank for the determination of the slaughter weight in accordance with § 2 para. 2 of the 1. Meat Act-Implementing Regulation. If the test participant cannot explain the cut without errors, the test has not been passed.

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Annex 2 (to § 7 para. 2 and § 15 para. 1)
Content of the training course

(Fundstelle: BGBl. I 2008, 2195)
The training course consists of a practical and a theoretical part:

1.

Practical part In the practical part, the correct cutting procedure is in accordance with § 2 para. 2 of the 1. Meat Act-Implementing Regulation and the weighing of carcases should be explained and the correct application of the classification systems and classification equipment and classification procedures approved in Germany should be notified.

2.

Theoretical Part In the theoretical part, knowledge is taught in the following areas:

a)

subject-specific knowledge of

-

the classification systems and the authorised classification procedures;

-

the application, function and control of classification equipment;

-

the anatomy of the carcases and the cutting and

-

the basics of slaughter technology,

b)

the structure of the livestock and meat industry and the responsibilities of the institutions involved, and

c)

the relevant legal standards, in particular:

aa)

the European and national rules on trade and price reporting for each species (bovine, porcine and/or bovine animals); Sheep slaughtered body),

bb)

the trade-class law,

cc)

the meat law and its implementing regulations;

dd)

food hygiene law (excerpts),

ee)

the calibration right (excerpts),

ff)

the Animal Transport Regulation (excerpts),

gg)

the Food and Feed Code (excerpts),

hh)

the provisions on beef labelling (excerpts) and

ii)

food labelling law (excerpts).