Regulation On Price Quotations, Pricing And Pricing For Milk Products

Original Language Title: Verordnung über Preisnotierung, Preisermittlung und Preiserhebung für Milcherzeugnisse

Read the untranslated law here: http://www.gesetze-im-internet.de/butt_k_seuaprv/BJNR276800997.html

Regulation on price quotations, pricing and pricing for milk products butt/KäseuaPrV Ausfertigung date: 27.11.1997 full quotation: "regulation on price quotations, pricing and pricing for milk products, as amended by the notice of June 3, 2011 (Federal Law Gazette I p. 1020)" stand: Neugefasst by BEK. v. 3.6.2011 I 1020 for details on the stand number you see in the menu see remarks footnote (+++ text detection from: 6.12.1997 +++) heading: IdF d. Article 1 No. 1 V v. 3.6.2011 I 1018 mWv 17.6.2011 § 1 definitions (1) for the purposes of this regulation are 1 butter: Brand butter in the regulation of butter, 2 cheese: cheese in the sense of the regulations on cheese, 3. other dairy products: dairy products in the dairy regulation , except as provided in this regulation expressly otherwise determined.
(2) for the purposes of this Regulation shall be: 1. manufacturer: companies that manufacture butter, cheese or other dairy products and supply directly to sales centers, dealers, processors or packagers, 2nd paragraph panels: companies that supply the butter, cheese or other dairy products directly on other sales offices, dealers, processors or packagers instead of manufacturers, 3rd: companies, the butter, cheese or other dairy products at its own offices or branches or resellers , Processors, Packers, professional users or large consumers deliver without manufacturer or sales office.

§ 2 formation of listing commissions (1) to determine prices and market history (listing) can be made for the following areas of the respective territory countries listing commissions with the necessary equipment (listing of facilities): 1 for the territory of the States of Baden-Württemberg, Bavaria and Saxony, and 2nd for the territory of other countries.
(2) a listing Commission concluded if so many countries of an area described in paragraph 1 of this article engage in forming the respective listing Commission that at least 75 percent of the amount produced in the area of the OTC product is reported, and the countries involved agree on the seat of the Commission.
(2a) the countries in which the listing commissions are established, in agreement with the other countries, may agree that a listing Commission is the notation for both territories referred to in paragraph 1.
(3) any listing Commission shall adopt as its rules of procedure, requiring the approval of the competent national law authority of the country in which the listing Commission is headquartered (competent authority). This causes the agreement, with the competent authorities of the countries, taking part in the agreement according to the paragraphs 2 and 2a (participating authorities).
(4) the participating countries regulate the financing under the terms of the agreement according to paragraphs 2 and 2a.
Footnote § 2 para 2a italics: should really loud "paragraph" section 3 composition of the listing committees (1) each listing Commission consists of a Chairman and at least six and no more than 14 members, of which half of merchants, processors and Packers (buyer) and representatives of manufacturers and sales headquarters (seller) must be. The competent authority determines the number of members in consultation with the authorities involved.
(2) the members to be active in the dairy industry or the retailer. They be ordered by the competent authority for the duration of at least one and not more than three years. The associations represented in the participating countries of the buyer and seller should be heard before ordering.
(3) the Chairman should be familiar by professional activity with the dairy industry and the retail trade, but not buyers or sellers. He is elected by the members for the duration of at least one and not more than three years by a simple majority and appointed by the competent authority. When a tie is the choice to repeat.
(4) for the Chairman and each Member, at least one, no more than three deputies are appointed. Paragraphs 2 and 3 shall apply mutatis mutandis.
(5) the exercise of the Presidency or the membership of the listing Commission is Honorary. At the beginning of the activity, you are voluntarily to diligent exercise and to maintain confidentiality especially obliging make. The national rules corresponding to the sections 84 to 86 of the administrative procedure act shall apply.

§ 4 meetings, decisions, and transcripts (1) each listing Commission listed the prices after a debate that can be done orally or by telephone. The prices of milk products referred to in annex I, produced in Germany to are listed on the Wednesday of each week for the previous week. A listing appointment can be omitted, if falls on a public holiday Wednesday. He can be preferred on the previous day, when the Wednesday on a regional holiday falls. A listing appointment may be omitted in the last week of the year.
(2) the meetings of the listing Commission is not public; Guests can be admitted. Representative of the Federal Ministry of food, agriculture and consumer protection, of the Federal Ministry of Economics and technology and the technically competent State authorities of the countries concerned or by this particular authorities can at any time be present at the meeting. Is to give the word, to grant access to the listing documents and to inform the security officer.
(3) a Commission shall constitute a quorum if the Chairman and are present at least each half of the members of the groups of the buyer and the seller. Decisions are taken with a simple majority. The Chairman has no voting rights.
(4) in the case of a tie, the Chairman shall support a put request.
(5) on each session, a transcript is to customize, that contains at least the name of the persons present and the decisions of the respective voting ratio.

§ 5 content and publication of the listing (1) has the listing Commission to determine the prices and the market trend on the basis of voluntary price indications of buyer and seller in accordance with paragraphs 2 and 3 and immediately called "official quotation of the listing Commission for... in..." to publish and notify the Federal Agency for agriculture and food.
(2) to record are the net prices ex-factory of the manufacturer of the milk products referred to in annex I, produced in Germany. A listing of prices of milk products referred to in annex I, other races, as well as other dairy products can be set in the rules of procedure.
(3) the listing Commission notes 1 which staggered the weighted average price of the reported transactions, 3. underlying price limits of unit prices for the messages, which exceed quantities sold, for prices, 2. the fixed minimum quantity for each listed dairy; reported total each cut 15 per cent of the quantities with the highest and lowest prices, 4. the quote whose price range move within the notified unit prices and which must in principle include the weighted average price, and 5. the description of the current market trend, considering the prices of shops, which have become known until the listing meeting,.
(4) a listing is made if at least three reports of a total of at least 10 tonnes per product.

§ 6 representative pricing (1) the listing facilities have to undertake a representative determination of net prices ex-factory of the manufacturer for referred to in annex II, made in Germany, dairy products on the basis of voluntary price indications of the seller. The prices will be determined on Wednesday of each week for the previous week. § 2 paragraph apply 2a and article 4, paragraph 1, sentence 2 to 5. The representative price is composed of representatives of the buyer and seller after a debate that can be orally or by telephone, to determine. Each quotation facility is itself a rules of procedure, which shall require the approval of the competent authority. Section 2, paragraph 3, sentence 2 shall apply accordingly.
(2) section 5, paragraph 4 shall apply mutatis mutandis.
(3) the results of the representative price determination are identified such as.
(4) the quotation facilities have to determine the prices in accordance with paragraphs 1 to 3, promptly as ' representative prices of establishing price for... in... "to publish and notify the Federal Agency for agriculture and food with the underlying amounts.

Section 6a of the representative pricing (1) listing facilities collect representative and voluntary reports of the manufacturer based on the quantities sold and the net prices ex-factory of the manufacturer of the milk products referred to in annex III, manufactured in Germany. The surveys are conducted to the 10th day of each month for the preceding calendar month. The listing facilities from this determine the weighted average price. § 2 paragraph 2a shall apply accordingly. § 6 paragraph 1 sentence 5 and 6 shall apply the rules of procedure accordingly.
(2) the results of the price survey are to identify as such and promptly notify the Federal Agency for agriculture and food with the underlying amounts.

§ 7 price determination for the Federal territory
The Federal Agency for agriculture and food to determine the prices for the entire Federal territory on the basis of the information provided to you according to § 5 ABS. 1 of the listing Commission and according to section 6, paragraph 4 and section 6a paragraph 2 of the listing facilities.

§ 8 secrecy the persons involved in the preparation of the quotation, are obliged to contain about institutions and relationships that they meet in the course of their activities, to preserve secrecy and the notification or the recovery of business and operating secrets. As far as they are not civil servants, they are under the obligation law of 2 March 1974 (Federal Law Gazette I p. 469, 547) to commit to the conscientious fulfilment of their obligations.

§ 9 retention obligations and record reporting companies have to make for the messages according to § 5 required records continuously and to store three years. Longer storage periods under other provisions remain unaffected.

§ 10 (entry into force, expiry) Annex I (to § 4 paragraph 1 sentence 2) List for official price quotes of regional listing commissions (site: BGBl. I 2011, 1024) 1 branded butter - molded in aluminum foil, 250 g - loose (two months ago) 45% and 48% fat I tr. - Edam 2 cheese - Gouda in 25 kg blocks 40% fat I tr. - Emmental cheese 45% fat I tr.

Annex II (to § 6 paragraph 1 sentence 1) List for representative price determination of ZMP (site: BGBl. I 2011, 1024) 1. skimmed-milk powder, food and feed quality 2. whole milk powder 3. whey powder plant III (for section 6a paragraph 1 sentence 1) (reference: BGBl. I 2011, 1024) 1 cheese - anorexia - mozzarella 40% and 45% fat I tr. 2. casein