Regulation On Price Quotations, Pricing And Pricing For Milk Products

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

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Price listing, pricing and pricing for dairy products

Non-official table of contents

Butt/KäseuaPrV

Date of release: 27.11.1997

Full quote:

" Regulation on Price listing, pricing and price survey for milk products in the version of the notice of 3. June 2011 (BGBl. I p. 1020) "

:Recaught by Bek. v. 3.6.2011 I 1020

For details, see the Notes

Footnote

(+ + + text certificate: 6.12.1997 + + +)





























Heading: IdF d. Art. 1 No. 1 V v. 3.6.2011 I 1018 mWv 17.6.2011 Non-official table of contents

§ 1 Definitions

(1) For the purposes of this Regulation,
1.
Butter: Brand butter as defined in the Butterfly Regulation,
2.
Cheese: cheese in the sense of the cheese order,
3.
other dairy products: milk products in the sense of the (2)
the purposes of this Regulation,
1.
Manufacturer: Companies that make butter, cheese or other dairy products and deliver directly to sales outlets, merchants, processors or packers,
2.
Sales centers: Companies that place butter, cheese or other dairy products directly to other sales outlets, dealers, processors or packers instead of manufacturers
3.
Dealer: Company, butter, cheese or other dairy products at own branches or stores, or resellers, processors, packers, Supply commercial users or large consumers without being a manufacturer or a sales centre.
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§ 2 Education of Listing Commissions

(1) For the determination of prices and market history (listing), listing commissions with the necessary facilities may be used for the following territories of countries belonging to the respective territory. (Noting facilities) are formed:
1.
for the territory of the countries of Baden-Württemberg, Bavaria and Saxony and
2.
for the territory of the other countries.
(2) A Noting Commission shall be established if so many countries of a territory described in paragraph 1 are participate in the formation of the relevant Noting Commission, that at least 75 per cent of the quantity of the product to be recorded in the area is recorded and the participating countries agree to the headquarters of the Commission.(2a) The countries in which the listing commissions are established may, in agreement with the other countries, agree that a Noting Commission shall carry out the listing for the two territories referred to in paragraph 1.(3) Each of the Noting Commission shall adopt its rules of procedure, which require the authorisation of the country's competent authority in the country where the Noting Commission is established (competent authority). To this end, the Commission shall reach agreement with the competent authorities of the countries participating in the agreement referred to in paragraphs 2 and 2a (authorities concerned). (4) The countries concerned shall regulate the financing under the Memorandum of Understanding under the terms of the Paragraphs 2 and 2a.

Footnote

§ 2 (2a) italic print: "Paragraph" Non-official table of contents

§ 3 Composition of the Listing commissions

(1) Each Noting Commission shall consist of a chairman and at least six and at most 14 members, each of which shall represent half representatives of the dealers, processors and packers (purchasers) and representatives of the Manufacturers and sales centres (sellers) must be. The competent authority shall, in agreement with the authorities concerned, determine the number of members.(2) The members shall be active in the dairy industry or trade. They shall be appointed by the competent authority for a period of at least one calendar year and not more than three calendar years. Prior to placing the order, the associations of buyers and sellers represented in the participating countries shall be heard.(3) The chairman shall be familiar with the dairy industry and the specialist trade, but shall not be a buyer or seller. It shall be elected by a simple majority by members for a period of at least one calendar year and a maximum of three calendar years and shall be appointed by the competent authority. In the event of a tie, the election shall be repeated.(4) At least one, not more than three, shall be appointed for the Chairperson and each Member. Paragraphs 2 and 3 shall apply accordingly.(5) The exercise of the Presidency or membership of the Noting Commission shall be voluntary. At the beginning of the activity, the volunteers are to be particularly committed to conscientious exercise and secrecy. The national regulations corresponding to § § 84 to 86 of the Administrative Procedure Act are to be applied. Non-official table of contents

§ 4 Meetings, decisions and minutes

(1) Each of the Noting Commission notes the prices after a debate that can be done orally or by telephone. The prices of milk products listed in Annex I in Germany shall be listed on Wednesday of each week for the previous calendar week. An emergency date can be omitted if the Wednesday falls on a public holiday. It can be brought forward to the previous day when the Wednesday falls on a regional holiday. A date of notification in the last week of the year can be omitted.(2) The meetings of the Noting Commission shall not be public; guests may be admitted. Representatives of the Federal Ministry of Food, Agriculture and Consumer Protection, the Federal Ministry of Economics and Technology, and the competent national authorities of the participating countries or the authorities designated by these authorities can at any time at the meeting. The representative shall be given the floor, on request, to provide access to the listing documents and to provide information.A Commission shall have a quorum if the Chairman and at least one half of the members of the groups of the purchasers and the sellers are present. The decisions will be taken with a simple majority of votes. The Chairman shall not have the right to vote.(4) In the event of a tie, the Chairperson shall decide by supporting an application.(5) A record shall be made at each meeting, containing at least the names of the persons present and the decisions taken with the relevant voting relationship. Non-official table of contents

§ 5 Content and publication of the listing

(1) The Noting Commission has on the basis of voluntary Price declarations of the buyer and seller the prices and the market trend according to the provisions of paragraphs 2 and 3 shall be determined and immediately used as the " official price quotation of the Noting Commission for ... in ... " and to inform the Federal Institute for Agriculture and Food.(2) The net prices shall be recorded ex works of the manufacturer of the milk products referred to in Appendix I, manufactured in Germany. A listing of the prices of milk products of other origin and other milk products listed in Annex I may be laid down in the Rules of Procedure.(3) The Noting Commission shall establish, for each milk product to be listed,
1.
the quantities sold, Staggered by Price,
2.
the weighted average price of the reported transactions,
3.
the price limits of the individual prices for which reports are based on the fixed minimum quantity, with a total of 15 per cent of the total reported total Capped quantities with the highest and lowest prices,
4.
the quotation, the price range of which is within the reported individual prices and which is basically the weighted average price must be included, and
5.
the description of the current market trend, with the prices of stores known up to the listing session
(4) A listing shall be made if there are at least three notifications of a total quantity of at least 10 tonnes per product. Non-official table of contents

§ 6 Representative pricing

(1) Noting facilities for the in Germany listed in Appendix II on the basis of voluntary price declarations by the seller, a representative determination of the net prices ex works of the manufacturer. The prices are to be determined on Wednesday of each week for the previous calendar week. § 2 (2a) and § 4 (1) sentences 2 to 5 shall apply accordingly. The representative price shall be determined by reference to representatives of purchasers and sellers after a debate which may be orally or remotely orally. Each notifying body shall adopt its rules of procedure, which shall require the approval of the competent authority. The second sentence of Article 2 (3) shall apply accordingly.(2) § 5 (4) shall apply accordingly.(3) The results of the representative price determination shall be identified as such.(4) Noting facilities shall determine the prices in accordance with the provisions of paragraphs 1 to 3, immediately as " representative prices of the emergency services for ... in ... " and to communicate with the Federal Agency for Agriculture and Food with the quantities on which it is based. Non-official table of contents

§ 6a Representative price survey

(1) Noting facilities are collected on the basis of representative and voluntary notifications by producers of the quantities sold and net prices ex works of the manufacturer of the milk products referred to in Appendix III, manufactured in Germany. The surveys will be carried out up to 10. Day of each month for the previous calendar month. The noting devices determine the weighted average price. Section 2 (2a) shall apply accordingly. In the Rules of Procedure, Section 6 (1) sentences 5 and 6 shall apply accordingly.(2) The results of the price survey shall be marked as such and shall be immediately communicated to the Federal Agency for Agriculture and Food with the quantities on which it is based. Non-official table of contents

§ 7 Pricing of the federal territory

The Federal Institute for Agriculture and Food (Bundesanstalt für Landwirtschaft und Ernährung) determines on the basis of the information communicated to it pursuant to § 5 (1) of the Noting Commissions and in accordance with § 6 (4) and § 6a (2) of the Noting Facilities the prices for the entire Federal territory. Non-official table of contents

§ 8 Insecrecy

The persons involved in the elaboration of the price listing are obliged to Institutions and business relationships which they meet in the course of their activities, to maintain secrecy and to abstain from the communication or the exploitation of business and trade secrets. As far as they are not civil servants, they are in accordance with the Commitment Act of 2. March 1974 (BGBl. 469, 547), to the conscientious fulfilment of their obligations. Non-official table of contents

§ 9 Recording and retention obligations

Melting companies have the necessary information for the notifications in accordance with § 5 keep records running and keep them for three years. Longer retention periods in accordance with other regulations shall remain unaffected. Non-official table of contents

§ 10 (Entry into force, expiry)

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asset I (to § 4 paragraph 1 sentence 2)
list for official price quotations of regional listing commissions

(site: BGBl. I 2011, 1024)
1.
Brand butter
-
formed in Alu-Slide, 250 g
-
loose in 25 kg-blocks
2.
cheese
-
Gouda (two months old) 45% and 48% fat i. Tr.
-
Edam 40% fat i. Tr.
-
Emmentaler 45% fat i. Tr.
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Appendix II (to § 6 paragraph 1 sentence 1)
representative pricing list of the ZMP

(Fundstelle: BGBl. I 2011, 1024)
1.
Skimmed-milk powder, food and feed quality
2.
Whole Milk Powder
3.
Whey Powder
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Appendix III (to § 6a paragraph 1 sentence 1)

(site: BGBl. I 2011, 1024)
1.
cheese
-
Magerquark
-
Mozzarella 40% and 45% fat i. Tr.
2.
Kasein