Law on the establishment of a Federal Office of Consumer Protection and Food Safety (BVL-Law-BVLG)

Unofficial table of contents

BVLG

Date of completion: 06.08.2002

Full quote:

" BVL Law of 6 August 2002 (BGBl. I p. 3082, 3084), most recently by Article 3 of the Law of 7 January 2015 (BGBl. I p. 2)

Status:

Last amended by Art. 3 G v. 7.1.2015 I 2 mWv 16.1.2015

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.11.2002 + + +) 

  

The G was decided by the Bundestag as Article 2 of the G v. 6.8.2002 I 3082. It occurs gem. Art. 14 of this G in force on 1 November 2002. Unofficial table of contents

§ 1 Legal Form, Name

A "Federal Office for Consumer Protection and Food Safety" (Bundesamt) is set up as an independent federal authority in the division of the Federal Ministry of Food and Agriculture (Federal Ministry of Food and Agriculture). Unofficial table of contents

§ 2 Activities

(1) The Federal Office shall act, without prejudice to the responsibilities of other institutions of the Federal Government, for matters relating to human health, in particular in the following fields:

1.

Preventive and protective measures in the field of food safety and consumer protection, in particular as regards food, tobacco products, cosmetic products and other consumer goods, plant protection products and biocidal products, feedingstuffs and feed additives, chemicals and medicinal products intended for use in animals, including their production, application and transport, and pharmacologically active substances used in animals, with the exception of animal vaccines, to the extent that the Federal Government has the administrative responsibility ,

2.

participation in the preparation and monitoring of countries ' monitoring programmes and plans in the areas referred to in paragraph 1;

3.

Preparation, monitoring and follow-up, including reporting of verifications by bodies of the European Union or bodies of third countries in the areas referred to in paragraph 1, as well as in the field of animal diseases and animal welfare,

4.

Preparation, summary, documentation and reporting with regard to the food and feed monitoring and monitoring activities carried out in accordance with § § 50 to 52 of the Food and Feed Code as well as the Framework of communications on non-health-related substances transmitted or obtained, and results,

5.

carry out laboratory comparison tests and trials where this task is not carried out by any other body,

6.

Authorisation and registration of medicinal products intended for use in animals, with the exception of animal vaccines, in accordance with the provisions of the legislation on medicinal products,

7.

To carry out the function of a Community and national reference laboratory for residues, in accordance with Council Directive 96 /23/EC of 29 April 1996 on control measures in respect of certain substances and residues thereof in live animals, and of animal products and repealing Directives 85 /358/EEC and 86 /469/EEC and Decisions 89 /187/EEC and 91 /664/EEC (OJ L 206, 22.7.1989, p. EC No 10), as amended in each case, to the extent that this activity is the subject of legislative acts or acts adopted by the European Community, the Federal Health Office or the Federal Institute for Consumer Health and Consumer Protection, and veterinary medicine, as well as the functioning of a central body in accordance with Article 4 (1) of Directive 96 /23/EC,

8.

the performance of a Community or national reference laboratory where the Office is designated for this activity by legislative acts or on the basis of legislative acts of the European Community or of the European Union,

9.

Perception of the function of a coordinating body for data collection and reporting and participation in it, in particular in the areas of food, nutrition, product safety, consumption surveys and the implementation of data collection and reporting in the field of antibiotic resistance,

10.

Establishment of a residue monitoring plan in accordance with Council Directive 96 /23/EC of 29 April 1996 on control measures in respect of certain substances and residues thereof in live animals and animal products and repealing the Directives 85 /358/EEC and 86 /469/EEC and Decisions 89 /187/EEC and 91 /664/EEC (OJ L 206, 22.7.1989, p. EC No 10); the competent authorities of the countries concerned shall be involved,

11.

the functioning of a consultative and coordinating body in matters concerning the export of animals, animal products and feedingstuffs in the fields of food safety and feed safety, animal diseases and animal welfare; including the listing of establishments and participation in the processing of complaints by third countries,

12.

To inform the public of the findings and the results of the work carried out in the course of its activities and powers.

(2) For the implementation of the

1.

the Food and Feed Code,

2.

(dropped),

3.

Fertilizers Act,

4.

Animal Protection Act,

5.

Plant protection law,

6.

the law on radiation protection, in so far as it relates to prohibitions and restrictions on the movement of foodstuffs, tobacco products, articles of supply, feed and medicinal products intended for use in animals;

7.

Wine Law,

8.

Animal Health Law,

9 to 12.

(dropped),

13.

Medicines Act, in so far as it relates to the transport and use of medicinal products intended for use in animals, and which are not animal vaccines,

14.

Product Safety Act, in so far as its scope extends to products covered by the laws referred to in points 1 to 13,

, as well as for the implementation of legal acts of the European Community or of the European Union directly applicable to those laws, the Federal Office may, within the framework of its tasks and Activities carried out in consultation with the competent committee referred to in paragraph 5 shall be prepared. (3) For the preparation of general administrative provisions referred to in paragraph 2, the following committees shall be established at the Federal Office:

1.

Committee on Consumer Protection and Food Safety; this committee has the task of issues relating to consumer protection and food safety, across the board and in principle, as well as other issues relating to monitoring treatment,

2.

Committee monitoring; this committee has the task of dealing with cross-law, fundamental monitoring issues in the field of consumer health and food safety.

Each of the committees referred to in the first sentence shall be part of:

1.

up to two representatives from each country,

2.

two representatives of the Federal Office and

3.

a representative or a representative of the Federal Institute for Risk Assessment.

(4) The committees shall be chaired by a representative or a representative of the Federal Office. They meet as needed; at the request of a country

1.

to convene a meeting of the Committee,

2.

to take a matter on the agenda of a meeting of the Committee.

(5) The committees referred to in the first sentence of paragraph 3 may use subcommittees. The provisions of the second sentence of paragraph 3 and of paragraph 4 shall apply accordingly to them. (6) The Federal Ministry's representative shall have the power to participate in the meetings of the committees and subcommittees referred to in the first sentence of the first sentence of paragraph 3 and the first sentence of paragraph 5; they are to be heard at any time. To the extent that the Federal Office exercises tasks from the division of another top federal authority, the first sentence shall also apply to the competent supreme federal authority. (7) The Federal Office shall conduct the business of committees and subcommittees pursuant to the first sentence of paragraph 3. (8) The Federal Office of the Federal Institute for Risk Assessment (Bundesinstitut) shall be involved in all scientific matters falling within the scope of the Federal Institute's activities in the context of the execution of its tasks. Unofficial table of contents

§ 3 Task Implementation

(1) The Federal Office shall, within the framework of the activities assigned to it by Section 2 (1), carry out the administrative tasks of the Federal Government, which are assigned to the Federal Office by law or by reason of a law. (2) The Federal Office shall be responsible, in so far as no other Responsibility is laid down by law, tasks of the Federal Government in its field of activity, with the implementation of which the Federal Office shall be entrusted by the Federal Ministry. Unofficial table of contents

§ 4 Notices in the Federal Gazette

Legal regulations on the basis of the Food and Feed Code, the Milk and Margarine Act, the Animal Health Act, the Animal Welction Act, the Animal Breeding Act or the Plant Protection Act may provide for the Federal Ministry of the Interior,

1.

Decisions of the European Community or decisions or decisions of the European Union for the implementation of acts of the European Community or of the European Union within the scope of the above-mentioned laws in the Federal Gazette to make it known,

2.

other notices for the implementation of the aforementioned laws and the legal regulations issued pursuant to these laws in the Federal Gazette.

In the legal regulations referred to in the first sentence, the responsibility of the Federal Ministry may be transferred in whole or in part to the Federal Office. Unofficial table of contents

§ 5 Supervision in the special case

To the extent that the Federal Office exercises tasks from a business unit other than that of the Federal Ministry, it is subject to the technical instructions of the competent supreme federal authority. Unofficial table of contents

§ 6 Fee-and outsourcing survey

(1) Fees and outlays for individually attributable public services, in particular for authorisations, entries, approvals, examinations, examinations, certificates, certifications, file inspection and information from the Federal Office collected. In determining the amount of the fee in accordance with the first sentence, the administrative burden associated with the involvement of the Federal Institute must also be taken into account, insofar as the participation of the Federal Institute is arranged by law or on a Legislation is based. Special statutory fee regulations remain unaffected. (2) The Federal Ministry is authorized to pay the fee by means of a legal regulation without the consent of the Federal Council for the public services of the Federal Office which are individually attributable to the Federal Office. To identify facts and to provide for fixed rates or framework rates. The level of the fees shall be determined in each case by the average amount of staff and material; in addition, the value, the economic value or the other benefits of the service may be duly taken into account for the debtor. (3) The Federal Ministry is empowered to determine, by means of a regulation without the consent of the Bundesrat, that, even in the cases referred to in the third sentence of paragraph 1, the amount of the fees shall also be determined by the participation of the federal authorities in the event of a joint action. or in the case of federal institutions of public law The administrative burden may be taken into account in so far as the respective participation is arranged by law or is based on a law. Unofficial table of contents

§ 7 Adoption of the civil servants and employees

(1) The Federal Institute for Health Consumer Protection and Veterinary Medicine and the Federal Institute for Agriculture and Forestry (Biologische Bundesanstalt für Land-und forestry) shall be transferred to the Federal Office with the entry into force of this Act, to the extent that they have so far only performed tasks that will be carried out by the Federal Office in the future. (2) The civil servants and civil servants working at the Federal Institute for Agriculture and Food will be appointed with the entry into force of this law. Civil servants of the Federal Office, to the extent that they have so far only been assigned tasks , which will be perceived by the Federal Office in the future. Section 136 (1) of the Federal Civil Service Act must be applied accordingly. (3) The employees working at the Federal Institute for Health Protection and Veterinary Medicine and the Federal Institute for Agriculture and Forestry With the entry into force of this Act, employees become employees of the Federal Office, insofar as they have hitherto performed exclusively tasks which are to be carried out by the Federal Office in the future. (4) Die bei der Bundesanstalt für Agriculture and nutrition workers With the entry into force of this Act, they are taken over by the Federal Office, insofar as they have hitherto only performed tasks that will be exercised by the Federal Office in the future. Unofficial table of contents

§ 8 (omitted)

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