Regulation On The Requirements For The Approval Of Classification Societies And Classifiers For Carcases Of Cattle, Pigs And Sheep

Original Language Title: Verordnung über die Anforderungen an die Zulassung von Klassifizierungsunternehmen und Klassifizierern für Schlachtkörper von Rindern, Schweinen und Schafen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/flgdv_2/BJNR218900008.html

Regulation on the requirements for the approval of classification societies and classifiers for carcases of cattle, pigs and sheep (2. meat law implementing regulation - 2. FlGDV) 2 FlGDV Ausfertigung date: 12.11.2008 full quotation: "2. meat law implementation regulation of November 12, 2008 (BGBl. I p. 2186, 2189), most recently by article 7 of the Decree of 17 June 2014 (BGBl. I S. 793) has been changed" stand: last amended by article 7 V v. 17.6.2014 I 793 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 19.11.2008 +++) the V was adopted as article 2 of the V v. 12.11.2008 I 2186 by the Federal Ministry of food, agriculture and consumer protection. It is according to article 8 clause 1 of this V on November 19, 2008 entered into force.

§ 1 application for admission as classification societies (1) is the application for admission as classification societies to submit in writing or electronically at the Federal Agency for agriculture and food (Bundesanstalt). At the request of the Federal Agency, the applicant must also or exclusively electronically to provide documentation. The Federal Agency can known type pattern for the application in the Federal Gazette and require the use of the pattern. Under this paragraph, the sections 71a shall apply for the procedure until 71e of the administrative procedure act through a single point. The examination of the application by the Federal Agency must be completed within six months. The period begins with receipt of the full documents. It may be extended once appropriately if this is justified because of the difficulty of the matter. The deadline extension is to establish and to communicate in a timely manner.
(2) the admission was made in writing.

Section 2 application content (1) the application for authorisation referred to in paragraph 1 must contain: 1. name and address of the applicant company, in the case of branches also their address, 2. proof that the company properly can perform the classification of carcasses of cattle, pigs and sheep under the provisions of the applicable trade class law, and, in particular, that the staff provided for the implementation of the classification have the required approval , 3. representation and declaration that the independence of the company within the meaning of article 3, paragraph 1 letter a of the meat Act and § 3 of this regulation is ensured No. 2, 4. in the case of a preceding the submission of the activity in relation to the classification of carcasses of a representation of a) of the previous classification activity type and size, maximum for the period of the last three years preceding the application , b) of the previous contractor and c) the competence of the classifier employed by him through information on the certification, education and training and the professional experience in the field of classification and weighing of carcasses, 5. representation of the company organizational and 6 an excerpt from the commercial register for the applicant company, a legal person or a not incorporated association of persons for which according to law , Statute or memorandum to the representation or management justified.
The proof is 1 No. 2 under sentence through the submission of appropriate documentation of the operational equipment and the persons employed by the applicant company to lead.
(2) using the information in the application, the Federal Agency by the applicant company may request other information insofar as this is necessary for the decision on the application.

Article 3 independence of classification societies (1) a classification company is in particular then not independent in the sense of § 3 para 1 No. 2 letter a of the meat Act, if it is connected through an equity stake or full or partial identity of person in the management or another organ with an other operators in the marketing chain for meat, in particular a slaughterhouse, a battle site, an animal farm, a producer group, a material recovery facility or a company of the food.
(2) by way of derogation from paragraph 1 the membership of representatives of several stakeholders of the marketing chain for meat in a body of a classification company of independence a classification company does not preclude, if 1 ensures is that they can perform one at a time, no significant influence on the implementation of the classification at the slaughterhouse, and 2. the classification company of a special monitoring by the authority competent under national law is subordinate.
(3) it must be ensured that classification societies have a beyond the slaughterhouse access the data collected with the scale and a classification of carcasses with a classification device on the data collected using the classification unit, as well as on any other data collected by the classifier in connection with his occupation.
Footnote (+++ § 3 para 3: to the first application from 1.11.2009 cf. section 16 +++) § 4 limitations the approval of classification societies (1) the authorisation is granted for the entire Federal territory. By way of derogation from sentence 1 grants the approval of classification societies within the meaning of § 3 para 2 only for that country.
(2) the authorisation is granted only for the classification of carcasses of animals if the classification company only for these species has demonstrated that it can properly perform the classification.
(3) the authorisation can be equipped with additional requirements. Requirements can be subsequently recorded, amended or modified.

§ 5 granted approval of classifications (1) that the meat law will approval as a classifier according to § 4 for the classification of carcasses of animals that the classifier has the required competence.
(2) a classifier keeps animals that are suitable for the slaughter, so is this his according to § 4 paragraph 1 sentence 2 No. 3 of the meat Act required independence not opposed, if it is ensured that the classifier is not active in same day, where his animals in a slaughterhouse are slaughtered,.
(3) admission as a classifier for classification of pig carcasses is carried out for the ZP-procedure and each separately for the following device groups or devices: 1. devices with ultrasonic probe, 2. devices with penetration probe, 3 types of devices with a single approval after the Commission decision 89/471/EEC of 14 July 1989 on approval of procedure of classification of pig carcases in Germany (OJ EC No. L 233 p. 30) in the currently valid version.
The admission is only for the device groups, and device types with which the classifier has passed the corresponding practical exam. Device types with single authorisation, a separate examination of the competence is required for each device type.

§ To the competent authority in writing to submit 6 filing (1) application for admission as a classifier. The authority in whose district of the applicant has his filing legal main dwelling is responsible. At the request of the competent authority, the applicant shall also or exclusively electronically to provide documentation. The competent authority can known type pattern for the application in the Federal Gazette and require the use of the pattern.
(2) the application referred to in paragraph 1 must contain: 1. name and address of the applicant, 2. two current photographs which meet the requirements set in paragraph 5, sentence 1, 2 and 4 of the Passport Regulation, 3. indicating which species, and in the case of the classification of pig carcases for which device groups and types the licensing is applied, 4. a proof of the activity or training at a classification company , 5. the Declaration, that and how the independence of the classifier is no. 3 of the meat Act guaranteed according to § 5 paragraph 2 and article 4, paragraph 1, sentence 2, and 6 proof of attendance at a training course by presenting a certificate of attendance and successfully passed the knowledge examination after § 4 par. 2 of the meat Act.
To assess the required reliability is no. 3 of the meat act according to article 4, paragraph 1, sentence 2 to apply for a certificate for submission to the authority responsible for approval with the application for admission and to attach a copy or illumination this application the application referred to in paragraph 1.

Section 7 training and competence testing the classifier (1) the competence examination according to § 4 paragraph 2 of the meat Act consists of a theoretical and a practical part. The audit includes the content listed in annex 1.
(2) the training course includes at least the content listed in annex 2 to § 4 para 3 of the meat Act.

§ 8 Examination Board
The competence test is taken by a Commission established by the competent authority. The Audit Committee consists of at least two persons appointed by the competent authority. This is used to determine a member as Chairman of the Committee. As a member of a Committee can only be ordered, who has at least three years experience in the implementation or monitoring of the classification of carcasses.

Article 9 examination dates and registration for the examination the competent authority determines the dates for the verification of competence as required. The competent authority in a timely manner publicly announces the dates and the deadlines in the appropriate form.

§ 10 the competence test (1) the candidates have to identify themselves at the request of the person about their person leading examination Board or of the supervisory. Prior to commencement of the trial about the testing process, the available time, the permitted work - and AIDS and the consequences of acts of deception and violations of the right to instruct you.
(2) participants who are guilty of deception Act or a significant disturbance of the testing process, can be excluded for the time being by the examination Board or the person leading supervision by the audit.
(3) the examination Board decides after hearing of the subject concerning the final exclusion and the consequences. In serious cases, especially when prepared acts of deception, the exam - can be explained later - fail, if the deception is detected within a year after completion of the test.
(4) the competent authority may send an observer to the test.
(5) the theoretical part of the examination consists of written questions. More than half of the questions should be multiple choice questions. These questions must contain at least four suggested answers, of which at least one must be right. The questions are designed by the competent authority.

§ 11 cancellation, non-participation of examination candidates by assessing withdraws or he does not participate in the examination without having an important reason, so the test is considered failed.

Certificate (1) which is theory test and test result insisted that § 12, if the candidates has reached at least 60 percent of the points to be achieved. The practical exam is determined according to the requirements of annex 1 section 2 (2) the candidates will receive a certificate of the result of the social studies test by the competent authority. § 13 the examinees on the rules for the repeat test is noted at competence exams that do not.

§ 13 repeat the competence test not passing this competence examination can be repeated more than twice. The competence test can be repeated for the next exam date at the earliest.

§ 14 is Klassifiziererausweis, personal stamp, registration certificate, instruction (1) on the registration the classifier approved by the competent authority issued a registration certificate, a Klassifiziererausweis (card) and a personal stamp. The classifier has always to carry the card in exercise of his occupation. The approval certificate and the identity card contains at least the following information: 1 name, address and date of birth of the classifier, 2 date of admission, 3. naming the admitted authority, 4. naming species of carcasses, which the approval has been granted, and 5 the classification units for the classification of pig carcases, for which approval has been granted.
(2) in the case of handing over the certificate of approval, of the card and the personal stamp of the classifier of the importance of his position and his independence from the operators in the marketing chain for meat is to teach. The competent authority shall proof of written and signed by the classifier on the implementation of the instruction pursuant to sentence 1. The classifier obtains a copy of the proof. The proof is to be kept for the duration of the activity of the classifier. Article 12 par. 5 of the meat Act shall apply.

§ 15 training course, training examination (1) the training course according to § 4 para 4 of the meat Act refers to the contents of Appendix 2. On the training examination, the provisions of this regulation on the implementation of competence examination with the exception of article 13 shall apply. By way of derogation from article 7, paragraph 1 the competent authorities may waive the theoretical part of the examination. In this case, you can perform the training examination relating to conditional classification at the slaughterhouse. A waiver of the theoretical part of the examination is allowed at most in each second examination. The practical test of pig carcases classification equipment must perform in each examination in the context of a classification control.
(2) a classifier does not pass the training test he must repeat the training test in the next exam.
(3) a classifier passes the training test a second time, or did he not participate without an important reason over a period of more than two years in a training course, he may again exercise his activities, after he passed a re-examination of the social studies.

§ 16 transitional provisions § 3 paragraph 3 is to apply only from 1 November 2009.

Appendix 1 (to article 7, paragraph 1, and article 12, paragraph 1) competence examination (site: Federal Law Gazette I 2008, 2193 - 2194;)
regarding the details of the changes see footnote) section 1 theory test in the theoretical exam must demonstrate the examinees that he the relevant, in annex 2 No. 2 letter a and c for the training course listed technical and legal foundations knows and understands.
Section 2 practical exam of the practical part of the exam consists of two parts: part A part B - classification - weighing and cut. The examinee has to prove that he knows to apply the theoretical knowledge in practice.
Part 1 cattle and sheep carcasses A. classification 1.
In the practical test on the classification of cattle and sheep carcasses at least 30 carcases of the respective species in categories and grades are classified by the examinees in two passes. After evaluating the first classification round the classification laid down by the examiner for each individual carcass is by talking to the examinees. The result of the second round of the classification depends on the test.
1.1. for Bovine Carcases the classifications may differ from the classification determined by the examiner to no more than a subset (conformation and fat cover). Deviations, which go beyond a subgroup, are tolerated only at 10 percent of carcasses per characteristic (conformation and fat cover). It is possible to accumulate, but not more than five deviations must be made in a characteristic. Differences in the classification of the category are tolerated only at 10 percent of the carcasses. If the allowable error rate is exceeded, the exam is not passed.
1.2. for sheep carcases the classifications may differ from the classification laid down by the examiner to no more than 10 percent per characteristic (category, conformation and fat cover). It is possible to accumulate, but not more than five deviations must be made in a characteristic. If the allowable error rate is exceeded, the exam is not passed.
2. the examination is also not passed if gender determination relevant for the determination of the category is not error-free.
B. weighing/cuts on the carcass is the 1st according to § 2 para 2 to explain meat law regulation the right cut for determining the weight of the battle. If the candidates can explain the fence not healthy, the exam is not passed.
Part 2 pig carcases A. classification in the practical test on the classification of pig carcases must set out the candidates that he dominated the function and classification devices, as well as the two-point procedure according to annex 3 of pig carcass trade class Regulation (ZP procedure). Otherwise, the exam is not passed.
I. classification with Choirometern of the candidates has to determine the mass of the slaughter line under practical conditions to 30 carcasses according to annex 2 of the pig carcass trade class regulation. A previous reference setting is not required.
1 ranking with sensor devices for sensor devices (invasive procedures) the following tolerances apply: 1.1 on the single carcass: 1.1.1 the needle must be in height (caudal/cranial) between the second and third last ribs are.
1.1.2 the needle 7 cm at the side of the dividing line (medial/lateral) allowed up to + / - 1.0 cm differ.
1.1.3 the tapers into the abdominal cavity must be 4 cm at the side of the outer edge of the vertebral body and must not exceed to + / - 0.5 cm differ.
1.1.4
The distance to the surface of the carcass, 8 cm caudal/cranial obtained at the end of the transverse plate of the control needle from the injection, may be no more than 1.0 cm.
1.2 for the test sample the site defined in 1.1 only in 10 per cent of cases to no more than a rib may be missed, the tolerances referred to in 1.1.2 to 1.1.4 may be exceeded up to 10 percent of cases. Accumulate is allowed, but not more than five overruns are permitted per feature. If the allowable error rate is exceeded, the exam is not passed.
2. classification with ultrasonic devices for ultrasonic devices (non invasive procedure) are based on the marking point following tolerances: 2.1 on the single carcass: 2.1.1 the selection point lies above at the CSB Ultrameater 7 cm at the side of the dividing line, 12 cm (caudal) of the measuring point at the US Porkitron (gun with aluminium housing) 7 cm at the side of the dividing line, 11 cm above (caudal) of the measuring point and the US Porkitron (gun with plastic housing) 7 cm at the side of the dividing line , 8 cm above (caudal) of the measuring point.
The marking point may deviate cranial/caudal and medial/lateral up to 1.0 cm.
2.1.2 / cross-beams of the marking must / have to horizontal at the US Porkitron. The extension of the Crosspiece (cross-beams located near aluminium pistols of the caudal) shall not deviate on the dividing line caudal/cranial up to 1.0 cm.
At the CSB Ultrameater, the video recordings of the classified carcasses are used for controlling the sound outlet of the correct.
2.2 for the test sample, under 2.1 above tolerances for measurements on each carcass must be each exceeded in no more than 10 percent of the cases. Accumulate is allowed, but not more than five overruns are allowed per tolerance characteristic. If the allowable error rate is exceeded, the exam is not passed.
II. the function which are commissioning and testing the AutoFOM equipment by the test participants properly to explain classification with AutoFOM equipment and to demonstrate. The exam covers the following sections: (1) testing the software, 2. examination of the hardware, 3. examination of the technical environment, 4. calibration inspections and 5. General controls.
If the candidates can not explain the function, commissioning and testing the AutoFOM equipment and demonstrate, the exam is not passed.
III. classification with the ZP procedure 1.
The measured values (reference values) for examination in the ZP procedure to be written by investigator to at least 20 pig carcasses. The reference values are determined by measurements on pig carcasses according to Appendix 3 of the pig carcass trade class regulation.
2. examiners and examinees have to use the same measuring tool.
3. carry out two test passes. The results of the first round are to discuss with the participants. The second round of testing is not required for the examinees who have provided the set values within the under 4 mentioned tolerances to every animal slaughtered in the first round of testing.
4 in the second round, the candidates must provide the set values within the following tolerances: 4.1 on the single carcass may not exceed to the values measured by it from the calculated reference values at the fat + / - 2 mm and the meat mass no more than + / - 3 mm deviate.
4.2 differences that go beyond the 4.1 above ground, be tolerated maximum for each 10 percent of carcasses; These accumulate is allowed, but not more than five overruns are allowed per tolerance characteristic.
4.3 (fallen off) if the allowable error rate is exceeded, the examination is fail.
B. weighing/cuts on the carcass is the 1st according to § 2 para 2 to explain meat law regulation the right cut for determining the weight of the battle. If the candidates can explain the fence not healthy, the exam is not passed.

Annex 2 (to section 7 para 2 and § 15 para 1) training course content (reference: BGBl. I 2008, 2195) the training course consists of a practical and a theoretical part: 1. practical part In the practical part is to explain the correct cut according to § 2 para 2 1 meat law implementation regulation and the weighing of carcasses and to teach the correct use of classification systems and classification equipment approved in Germany and classification procedures.
2. theoretical part in following areas of knowledge In the theoretical part: a) subject-specific knowledge of - the classification systems and the approved classification procedures, - the application, function and inspection of classification equipment, - the battle body Anatomy and the fence and - the basics of battle technology, b) the structure of the livestock and meat industry and the responsibilities of the institutions involved, as well as c) the relevant legal standards, in particular aa) European and national provisions on trade classes and prices for the respective species (cattle , Pig or sheep carcasses), bb) cc commercial grade law,) the meat Act and its implementing regulations, dd) food hygiene law (extracts), ee) the calibration right (excerpts), ff) the animal transport regulation (excerpts), gg) hh food and feed code (extracts),) the provisions on beef labelling (excerpts) and ii) food labelling law (excerpts).