Law On The Establishment Of A Federal Agency For Consumer Protection And Food Safety

Original Language Title: Gesetz über die Errichtung eines Bundesamtes für Verbraucherschutz und Lebensmittelsicherheit

Read the untranslated law here: http://www.gesetze-im-internet.de/bvlg/BJNR308400002.html

Law on the establishment of a Federal Agency for consumer protection and food safety (BVL law - BVLG) BVLG Ausfertigung date: 06.08.2002 full quotation: "BVL law of August 6, 2002 (BGBl. I p. 3082, 3084), most recently by article 3 of the law of January 7, 2015 (BGBl. I S. 2) is changed" stand: last amended by art. 3 G v. 7.1.2015 I 2 mWv 16.1.2015 learn more about the stand number in the menu see remarks footnote (+++ text detection from) : 1.11.2002 +++) the G as article 2 of the G v. 6.8.2002 I 3082 by the Bundestag adopted. Article 14 of this G on the appointment to come into force.

§ 1 legal form, name In the Division of the Federal Ministry of food and Agriculture (Ministry) is built as an independent federal authority a "Federal Office for consumer protection and food safety" (Federal Office).

Section 2 activities (1) the Federal Office operates, without prejudice to the powers of other bodies of the Federal Government for matters relating to health of the people, in particular in the following areas: 1. measures of prevention and protection in the area of food safety and consumer protection, especially with regard to food, tobacco products, cosmetic products and other commodities, plant protection products and biocidal products, feed and feed additives, chemicals and medicinal products intended for use in animals , including their manufacture, application and transport, and pharmacologically active substances applied to animals, except animal vaccines, as far as the federal administrative responsibility is to, 2. participation in the preparation and monitoring of programmes and plans of countries in the areas referred to in paragraph 1, 3. preparation, accompaniment and follow-up including coverage of checks by European Union institutions or institutions of third countries in the areas referred to in paragraph 1 , as well as in the areas of animal health and animal welfare, 4. preparation, summary, documentation and reporting in regard to that in the implementation of the food and feed monitoring and monitoring after the sections 50 to 52 of the food and feed law as well as in data transmitted part of the releases on health unwanted substances or received and results, 5 carry out laboratory comparison tests and ring tests, as far as this task from anywhere else is perceived , 6 approval and registration of medicinal products which are intended, except animal vaccines, according to the drug regulations, 7 exercising of the function of a community and national reference laboratories for residues according to Directive 96/23/EC of 29 April 1996 on measures with regard to certain substances and their residues in live animals and animal products and repealing directives 85/358/EEC and 86/469/EEC and decisions 89/187/EEC and 91/664/EEC (OJ for use in animals EC No. L 125 p. 10) in its up-to-date version, as far as the Federal Health Office or the Federal Institute for health protection and veterinary medicine is named for this activity by Act of law or on the basis of acts of the European Community, as well as exercising the function of a central body referred to in article 4 paragraph 1 of Directive 96/23/EC, 8 exercising of the function of a community or national reference laboratory , as far as this activity by Act of law or on the basis of acts of the European Community or the European Union the Federal Office is named, 9 exercising of the function of a coordinating authority for data collection and reporting and participation, in particular in the areas of food, nutrition, product safety, consumption surveys, as well as performing data collection and reporting in the area of antibiotic resistance, 10 creating of a residue monitoring plan in accordance with Directive 96/23/EC of 29 April 1996 on measures with regard to certain substances and their Residues in live animals and animal products and repealing directives 85/358/EEC and 86/469/EEC and decisions 89/187/EEC and 91/664/EEC (OJ EC No. L 125, p. 10); the competent authorities of the countries are to participate in 11 exercising of the function of a consultative and co-ordinating authority on matters of export of animals, animal products and feed in the areas of food safety and feed safety, animal diseases and welfare, including the listing of enterprises and the participation in the processing of claims by third countries, 12 informing of the public of findings and results, who won it in the framework of its powers and activities.
(2) to the implementation of the 1 food and feed law, 2 (dropped out), 3. fertilizers Act, 4. Animal Welfare Act, 5. Plant Protection Act, 6 radiation protection precautionary Act, insofar as it relates to prohibitions and restrictions for the transport of food, tobacco products, materials and articles, feed and medicines, which are intended for use in animals, 7 wine law, 8 animal health Act, 9 to 12 (dropped out), 13 medicines Act, as far as the traffic and the use of medicinal , for use in animals certainly are, and it does not involve animal vaccines, 14 product safety law, as far as its scope to products stretches, which are captured, as well as to carry out in the scope of these laws required general administrative regulations directly applicable legal acts of the European Community or the European Union by the Federal Agency in the course of his duties and activities in consultation with the Committee both technically competent under paragraph 5 will be prepared by the laws referred to in points 1 to 13.
(3) for the preparation of general administrative provisions referred to in paragraph 2, the following committees are set up at the Federal Office: 1 Committee, consumer protection and food safety; This Committee the task, cross-law, basic and others as the monitoring issues in the area of consumer protection and food safety has to handle, 2. Committee monitoring; This Committee has the task of dealing with law, basic monitoring issues relating to consumer health protection and food safety.
Each of the committees referred to in sentence 1 are: 1 up to two representatives, representatives from each country, 2. two representatives or representatives of the Federal Office and 3 a representative or a representative of the Federal Institute for risk assessment.
(4) the committees advise presided over by a representative or a representative of the Federal Agency. You meet as required; at the request of a country 1 is to convene a meeting of the Committee, take 2. a matter on the agenda for a Committee meeting.
Insert (5) that can record 1 committees referred to in paragraph 3 subcommittees. The provisions of paragraph 3 shall apply for this according to sentence 2 and paragraph 4.
(6) representative of the Federal Ministry are authorized in the meetings in paragraph 3 sentence 1 and paragraph 5 sentence 1 committees referred to and subcommittees to take part; Hearing them at any time is to grant. As far as the Federal Agency duties from the Division of other Supreme Federal Authority, sentence 1 also for the competent Supreme Federal Authority shall apply.
(7) the Federal Office conducts the business of committees and subcommittees pursuant to paragraph 3 sentence 1 and paragraph 5 set 1 (8) the Federal Office involved in the Federal Institute for risk assessment (Bundesinstitut) in all scientific matters which fall within the area of activity of the Federal Institute, in order to accomplish its tasks.

§ 3 task performance (1) the Federal Office done in the framework of the activities assigned to it by article 2, paragraph 1 the administrative tasks of the Federal Government by law or on the basis of a law assigned to the Federal Office.
(2) the Federal Office does, insofar as no other jurisdiction is determined by the law, Federal field of activity, with implementing the Federal Office is commissioned by the Federal Ministry.

§ 4 notices in the Federal Gazette in legal regulations on the basis of food and feed law, of milk and margarine Act, of the animal health Act, of the animal welfare act, the animal husbandry Act or the plant protection act may be provided that the Ministry is responsible for the implementation of legal acts of the European Community or the European Union in the scope of application of these laws in the Federal Gazette to make decisions of the European Community or decisions or decisions of the European Union 1. , to publish 2. other notices for the implementation of these laws and the ordinances issued on the basis of these laws in the Federal Gazette.
In the regulations referred to in sentence 1, the competence of the Ministry can be transferred wholly or in part on the Federal Office.

§ 5 as far as the Federal Agency duties supervision in the particular case from a different part than the Ministry, it is the subject of the technical instructions of the factually competent Supreme Federal Authority.

§ 6 fee and expense survey
(1) fees and expenses will be charged for individually attributable public services, in particular for permits, registrations, approvals, checks, examinations, certificates, certifications, inspection and information of the Federal Office. When determining the amount of the fee pursuant to sentence 1 is the administrative burden associated with acts of cooperation of the Federal Institute to take into account, as far as the participation of the Federal Institute is arranged through legislation or on a piece of legislation is based. Special fees regulations remain unaffected.
(2) the Federal Ministry is authorised to determine the chargeable offences by Decree without the consent of the Federal Council for the individually attributable public services of the Federal Office and to see this fixed rates, or frame rates. The amount of the fees determined according to the average staff and administrative expenses; In addition, the importance, the economic value or other benefit of performance for the debtors of the charges can be considered appropriate.
(3) the Federal Ministry is authorised to determine that also in the cases of paragraph 1 sentence 3, in calculating the amount of the fees the administrative burden associated with acts of cooperation from top federal or federal institutions of governed by public law can be considered, as far as the participation of the respective legislation is arranged or is based on a legal provision by means of an Ordinance without the consent of the Federal Council.

§ 7 transfer of civil servants and officials and workers and employees (1) civil servants active at the Federal Institute for health protection and veterinary medicine and the biological agriculture and forestry federal and officials are laced with the entry into force of this Act to the Federal Office, as far as they have perceived exclusively tasks which are perceived in the future by the Federal Office.
(2) officials active at the Federal Agency for agriculture and food and officers are civil servants and officials of the Federal agency with the entry into force of this Act, insofar as they have perceived exclusively tasks which are perceived in the future by the Federal Office. Section 136 (1) of the federal civil servants act shall apply accordingly.
(3) you make at the Federal Institute for health protection and veterinary medicine and the biological agriculture and forestry federal workers and workers will be workers and employees of the Federal agency with the entry into force of this Act, so far as they have perceived exclusively tasks which are perceived in the future by the Federal Office.
(4) placing workers at the Federal Agency for agriculture and food, and workers are taken with the entry into force of this Act in the service of the Federal Office, insofar as they have perceived exclusively tasks which are perceived in the future by the Federal Office.

§ 8 (dropped out)-