Nutrition Management Regulation

Original Language Title: Ernährungsbewirtschaftungsverordnung

Read the untranslated law here: http://www.gesetze-im-internet.de/ebewiv/BJNR000520979.html

Nutrition management regulation (EBewiV) EBewiV Ausfertigung date: 10.01.1979 full quotation: "nutrition management regulation by January 10, 1979 (BGBl. I S. 52), most recently by article 401 of regulation by October 31, 2006 (BGBl. I S. 2407) is changed" stand: last amended by art. 401 V v. 31 10 2006 I learn 2407 to the stand number in the menu see remarks footnote (+++ text detection from: 1.2.1979 +++) (+++ application cf. § 40 paragraph 2 +++) input formula on the basis of § 1 para 1 Nos. 1 to 3 , 5, 7 to 9 and 11, of sections 2 and 7 para 1 sentence 1, § 10 para 1 sentence 2 and paragraph 9 sentence 1 in conjunction with § 25 No. 2 (b), section 11, paragraph 1 and article 14, paragraph 1 No. 1 of the nutrition safety act as amended by the notice of October 4, 1968 (BGBl. I p. 1075) is used by the Federal Government with the consent of the Federal Council and on the basis of § 7 paragraph 1 sentence 2 of the food freezing law of the Prescribed Federal Government: first section scope and impact of public management section 1 be public management (1) to ensure the supply of food and agricultural products the products listed in the annex (managed) publicly managed.
(2) the managed products are subject to a restricted and tax liability under this regulation. With these products must be process according to the arrangements, which meet the competent authorities on the basis of a legal regulation according to the food safety law.
Not 1 managed products in a subject to (3) the limitation of available and tax liability) households, b) facilities for collective catering (§ 7 para 3 No. 2), c) stock camps of armed forces, the associations and institutions of the police and the civil defense, d) other stocks that were financed from public budgets;
2. farmed products, the a) will be spent in the area of application of this regulation and are intended as supplies for the armed forces or b) located on the transit of goods.
(4) the Federal Ministry of food, agriculture and consumer protection (Ministry) is authorized by a regulation with the consent of the Bundesrat more products of the food and agriculture in the system to record 1, for purposes of defence, in particular to meet the needs of the civilian population and the military forces required supply of these products to ensure individual products in the system to delete 2. if their management for the purposes referred to in paragraph 1 is not required.

§ 2 (1) restricted the restricted causes that which may be involved given their managed products subject 1 only against credentials (section 7) to the treatment or processing of resale or consumption, or taken for own consumption, as far as from § 3 par. 2 and § 36 para 2 sentence 2 provides otherwise or the food Office according to § 4 paragraph 2 arranges otherwise no. 2;
2. not aside managed to destroyed or made unusable may.
Managed products, which are no longer suitable as food or for other purposes of the supply, may only be destroyed if this previously has been shown to the food Office, stating by type and quantity of the products as well as place and time of destruction.
(2) the restricted occurs this regulation for crop products separate from the ground with their separation, in animal products with their production of other products with their production and imported products with the spending within the scope.

§ 3 tax liability (1) the tax liability causes, if not the food Office something else arranges No. 1 according to § 4 paragraph 2, that under her managed products on to give the holders of credentials are; them in relation to holders of credentials for consumers only for manufacturers and distributors, which usually supply final consumers (end distribution). Producers of cultivated products (producer) and manufacturer may not emit managed products to holders of credentials for consumer, insofar as a legal regulation according to the food safety law something else is not intended.
(2) by way of derogation from paragraph 1 1 and have managed products without credentials usually supplied Distributor, loading and processing plants, as well as to producers producers, their milk suppliers to the previous extent to submit 2 dairies, as far as not the food Office arranges something else according to § 4 paragraph 2 No. 2, skimmed milk, buttermilk and whey without credentials, so far as the milk suppliers receive such products even before the applicability of § 1 para 1; as far as the products referred in powder form have been involved, appropriate quantities in liquid form can be placed.
In the cases of sentence 1 managed products only against the accounting documents or receipts must be to, result from which recipients, type and quantity of the products and the time.
(3) the managed products in 1 not subject to of the tax liability, if not the food Office arranges something else according to § 4 paragraph 2 No. 2.
commercial enterprises of the food industry, where they normally or due to special orders of the Nutrition Department produced products which as raw materials or intermediate products for the manufacture operation, 2. as far as they are necessary operations by producers, in the framework of operation maintenance and-weiterführung as seeding, feed requirements and shrinkage (internal economic demand) as well as farm animals and livestock.
(4) the Federal Ministry is authorised to determine, that owners of enterprises of the food and agriculture to dispose managed products exclusively to producers, establishments of certain levels of economy or consumers have by decree with the consent of the Federal Council.

§ 4 of the power to issue of orders (1) may order the food Office in some cases owners of enterprises of food and agriculture, 1 managed products in the framework of the operation in a certain way to produce, to win, to produce, edit, process or use;
2. stocks and stocks of managed products at other locations to relocate.
(2) the food Office may also, if in exceptional cases on the basis of the supply situation or special circumstances imperative, 1 order, 3 para managed products by way of derogation from § 1 a) without credentials, b) to a recipient in some cases certain exclusive or priority c) exclusively to producers to give companies of certain levels of economy or consumers; in the case of points (a), section 3, paragraph 2, sentence 2 shall apply accordingly;
2. by way of derogation from article 2, paragraph 1 No. 1, section 3 para 2 No. 2 and paragraph 3, and article 11, paragraph 2, sentence 2 is a meeting arrangement.

§ 5 empowerment Ministry is authorised to adopt legal regulations No. 11 of the food freezing law with the consent of the Federal Council pursuant to section 1 para 1.

§ 6 supply balance is not guaranteed under the responsibility of a public authority supplying, so she turns to the superior authority, to bring about a regional or supra-regional supply balance. The compensation within a country is not possible, the Supreme authority of the country tried to ensure the supply from another federal State. Such compensation not be brought, the Ministry provides for a balance; While he can be assisted by the Federal Agency for agriculture and food.
Second section of article 7 credentials credentials (1) credentials are 1 consumer cards (ration cards including milk and special cards; the special cards are also travel brands), 2 ration (including subscription certificates for the Bundeswehr), 3. permission slips.
(2) consumer cards serve the supply to consumers of farmed products.
(3) ration serve the supply 1 the producers, the manufacturers including loading and processing companies (manufacturer), the intermediate Distributor and end Distributor, 2 of the Bundeswehr--including to circuit with associations-, the associations and institutions of the police and the civil defense, the ships, hospitals, nursing homes, educational institutions, correctional facilities and similar facilities in which full Board on the basis of affiliation or recording is granted (institutions for collective catering), 3 restaurants , Canteens and similar facilities where food against individual sections of the consumer card is granted (facilities guest catering), 4 of the consumers, institutions or other bodies in the case of grants for special purposes or special occasions with farmed products.
(4) permission certificates serve the grant reference permissions in specific cases, as far as this is provided on the basis of a legal regulation according to the food safety law.

§ 8 credentials for consumer
(1) any person registered in the scope of this regulation to a reporting authority receives a food card for each supply period. In addition, milk cards, special cards and ration for consumers on the basis of a decree is issued according to the food safety law.
(2) for registered persons, which are located on the day of the issuance of the cards in collecting food or from abroad, credentials are issued only for consumers after their retirement from the collective meals or after their return from abroad for the rest of the current supply period.
(3) German sailors who are not in collecting food, receive credentials for consumers even if they are not General failures.
(4) aliens who as 1 member of a foreign diplomatic mission or consular post or servant of an international organization, 2. family member with a person referred to in paragraph 1 in the same household, 3. nationals of a member of a troupe of the sending States or a person referred to in paragraph 3 from the reporting obligation free member of civilian by troops of the sending States, 4 are to obtain credentials for consumer , if you are logged in with the required information to the person nutrition Office responsible for their whereabouts.
(5) other foreigners who reside in the area of application of this regulation, without to be logged here with an apartment, obtain credentials for consumers against registration in their passport or identity card for the additional length of their stay, but for not more than one week, unless they prove that their stay is longer.

Scope the credentials entitling § 9 to purchase of managed products in the scope of this regulation.

§ 10 duration (1) consumer cards and their individual sections shall apply only in the period of supply, for which they have been issued.
(2) in reference notes and permission slips, their validity is to be set. It may be extended prior to expiration of the food Office, within its area of competence, the certificates have been issued, with the consent of the parent unit, if this is necessary due to the supply situation or special circumstances.

§ 11 transferability and invalidity (1) credentials are non-transferable.
(2) individual sections of consumer cards loose with your choice of the type of goods and quantity, as well as travel brands are transferable. Loose individual sections of consumer cards without printing the goods type and quantity are not valid, as far as not the food Office arranges something else according to § 4 paragraph 2 No. 2.

§ 12 replacement credentials (1) for a proof of eligibility, which become unusable or fall into loss, nutrition Office to avert a supply emergency in individual cases on request can issue a replacement proof of eligibility.
(2) with the delivery of the replacement proof of eligibility, the previous permission ID is invalid. A proof in loss crisis is found or regained, he is so when a card issuer or a food Office to deliver.
(3) managed products as food or for other purposes of the supply are no longer suitable or they fell into loss, so replacement credentials may be issued in corresponding application from paragraph 1. Managed products on the transport fall into loss, so 1 is the intended recipient replacement or eligible to apply, provided that the transport is done at his peril;
2. the supplier shall in all other cases.
Third section reference quantities for consumer § 13 the Federal Ministry is empowered supply period and allotment rates (1), to determine by decree with the consent of the Federal Council, what quantities of farmed 1 products for four weeks each (supply period) for consumers, as well as for members of associations and facilities of the police and the civil defense, which not by the Bundeswehr supplied with, to provide for the delivery are 2 when that individual sections are valid (allocation records), , 3. what managed products on the individual sections of the consumer card related or can be pre-ordered, 4 which managed products on consumer cards either against other products delivered and involved can (Austauschlebensmittel).
(2) paragraph 1 not authorised to regulations for members of the Bundeswehr including to circuit with associations.

§ 14 special allocations the food Office may grant special allocations of managed products, when locally-related special circumstances urgently require it.
Fourth section organization of management and cooperation with associations § 15 nutrition offices and card issuer (1) targeted counties and county-level cities/district administration authorities nutrition offices a. The district governments act as district food Office. The countries can establish national nutrition Office.
(2) the communities set up card issuer.

§ 16 substantive jurisdiction (1) which take nutrition Office tasks associated with the collection, steering and allocation of cultivated products true, unless on the basis of a legal regulation according to the food safety law other responsibilities are set.
(2) if it is imperative through the supply situation, orders where the offices of the diet may adopt the district food Office, the national nutrition Office, the Supreme Land authorities and the Ministry; the Ministry may adopt only an injunction when stretching the facts to be explored or the effects of the matter to be regulated on more than one country, and the purpose of this regulation by an instruction under article 85 para 3 of the basic law and by orders of the authorities not or not timely can be achieved. The Ministry shall inform the Supreme Land authorities of the countries concerned about the provisions issued by him.
(3) an Ordinance pursuant to section 1 para 1 No. 11 of the food freezing law are to run the district food Office or, if those are not decorated, Supreme Land authorities responsible.

Article 17 territorial jurisdiction (1) responsible is 1 for the output of consumer cards that map point of the municipality in which the consumer with his main residence is registered; who is logged with a Nebenwohnung in another community, can relate to their consumer cards by the pertinent card issuing office unless he declared this intention to the cards issuing Office competent for his main residence; on this, he receives a certificate which must be off when the card issuing office responsible for the Nebenwohnung; the first edition of consumer cards may be waived the Declaration and certificate;
2. for issuance of reference notes of the food Office, having jurisdiction at the operation of the facility, organisations referred to in § 7 para 3 No. 2 the supply unit or consumers that authority cards issue is for the output of consumer cards; associations use the food Office of the deployment, meeting or working site is responsible; missing supplies alternative for ships each nutrition Office is responsible, within whose jurisdiction the ship docks; the food Office of a county-level city of help the card issuer can use the issuance of related bills;
3. for issuance of permission slips the food Office in whose jurisdiction is located the place, the establishment or the operation, or consumers the food Office, within its area of competence is the card issuer responsible for the output of consumer cards;
4. in other matters relating to the operation, the food Office, in whose jurisdiction is located.
(2) by way of derogation No. 1 can get from paragraph 1 the following persons consumer cards against supporting documents at the respective place of residence: 1 operators and members of their families, as well as other persons constantly living on board a comply registered in a register of shipping a court within the scope of the courts act;
2. German sailors who withdraw from the collective catering on board a ship;
3. other persons who temporarily are absent from their place of residence and have no possibility of the card issuing Office of where they live to get their consumer cards in a timely manner;
4. foreigners according to § 8 para 4 and 5 (3) in collecting Board members of the Bundeswehr and the associations and facilities of the police and the civil defense, which are catered for no. 1 by way of derogation from paragraph 1 for this period can the Department responsible consumer cards in the collection cover by the card issuer needed, temporarily not by their associations or institutions the service lies in their area of responsibility. The card issuer and the competent services have proof to lead on the whereabouts of consumer cards.
(4) in the case of the output of consumer cards, as well as the exhibition of reference bills for consumers may be derogated from in justified individual cases the rules of paragraph 1 with regard to the territorial jurisdiction.

Article 18 participation of associations
As far as food and agriculture interests are at stake, federations and associations which carry out tasks of food or agriculture, can be consulted at the execution of a decree after food freezing law advisory participation.
Fifth section of individual provisions of the consumer card and subscription license engineering section 19 are authorized (authorized) 1 legal rightful claimants, 2. legal representative beneficiaries (1) to receive credentials, 3. limited legal rightful claimants, if they result in its own budget or its legal representative has consented, persons with written power of Attorney in number 1 to 3 described 4 persons.
(2) the recipient has to prove the receive permission upon request and to confirm the receipt of credentials by his signature.

The card issuer documents for the issuance of credentials (1) lead section 20 for every household in their district, the nutrition posts for every operation, every institution and every site in their area of responsibility documents for the issuance of credentials.
(2) facilities for collective catering have the number of Verpflegten by briefing orders, to prove the registration cards, document lists, or other documents to receive credentials. Special arrangements made between the Ministry and the Ministry of defence applies to the Bundeswehr. For sea-going vessels, the responsible captain has to submit the sample roll, as well as to conduct a supply book in which each food Office requested to supply enters for which products (type and quantity), for which manning and for what period of time the ship has received credentials.
(3) producers, intermediate and final distribution facilities guest catering have to prove the need for goods and-ausgangsbücher or other operational records of implemented and non food goods initial reception of subscription certificates at the request of the Office of nutrition to a past time of six months for each operation.

§ 21 apartment change procedure In the event of a change of apartment takes the cards output body responsible for the new apartment amenities with credentials handing a drop registration certificate the previously competent point of cards. People on the run and in emergencies can be omitted on the registration certificate.

Section 22 collective catering (1) consumers who are absorbed in a facility to collect food, to unsubscribe see return of their owned credentials at the competent point of cards and the drop registration certificate passed establishing collective catering. People on the run and in emergencies can be omitted on the registration certificate.
(2) a consumer is eliminated from an institution to collect food or he is on leave, he shall receive credentials by the card issuer only against a drop registration certificate of establishing collective catering.

§ 23 giving consumers of milk (1) 1 loose heat-treated drinking milk, 2. packaged heat-treated drinking milk, other than UHT and sterilized milk, should be placed only, if they enroll in a final distribution, by which they want supplied during periods of supply, through order form.
(2) purchase orders are 1 for the pre-order of skimmed milk a certain single section of the food card, 2nd for the pre-order of whole milk or semi-skimmed milk a certain single section of the milk card.
(3) the final distribution has to separate the order and to withhold and to provide the root section of the proof of eligibility or box planned on the proof with his stamp.
(4) ordered skimmed milk is delivered after the registration in a customer list, whole milk or semi-skimmed milk against individual sections of the milk card.

Section 24 has to separate the individual sections corresponding to the product of the supplier and to keep food on consumer cards (1) distribution of foodstuffs on the basis of consumer cards.
(2) individual sections that are not to separate are after a legal regulation, according to article 13, paragraph 1, or in the context of the granting of a special allocation when the goods placed must be devalued immediately so by the supplier, that they can not be used to the further purchase of goods.

§ 25 reference of food ration and permission slips ration and permission slips (§ 7 para 1 Nos. 2 and 3) entitled only to the single reference. You are to pass the supplier with an acknowledgement of receipt, on the Bill from the purchaser of managed products. The preservation of the cultivated products can be confirmed separately stating the reference certificate or permission slip.

§ Accounting credentials and other evidence (1) retained single sections of consumer cards are no later than two weeks after the expiry of their validity with the food Office to settle 26. For this purpose, are separated by type of goods on to adhesive sheet to glue the individual sections and put together by type of managed products on allocation sheet.
(2) other credentials or receipts and the accounting documents are according to § 3 para 2 sentence 2 no later than two months after delivery of the food Office to settle. The nutrition Office can require insofar as this is provided by the supply situation, is settled in a shorter time interval and on certain dates. The settlement is to make on the basis of a composition according to kinds of goods and quantities. The withheld evidence of permission shall be attached according to § 25, sentence 2 or 3 with the confirmations.
(3) the Ministry is authorised to regulate the details of the settlement procedure by decree with the consent of the Federal Council. In such an Ordinance can also be determined, that the individual sections of the consumer card with the card issuer to settle are.

§ 27 issue of reference (1) intermediate distributors, end distributors and facilities guest catering are exchanged for the credentials settled pursuant to section 26, receipts and the accounting documents of the food Office in ration.
(2) manufacturers get ration according to settled credentials, receipts and the accounting documents from the food Office.
(3) the Federal Ministry is empowered, by decree with consent to determine Federal Council details over 1 conversion rates, ration on the raw materials necessary for the production are issued for the quantity of farmed products supplied by manufacturers, 2. the loading and processing and the nature of bewirtschafteter products.
(4) ration for managed products, which are required in the framework of operation maintenance and-weiterführung as internal economic needs as well as farm animals and livestock, are allocated by the food Office in consultation with the body responsible for the disposition producers, as far as the economy its own emergence is not sufficient, to provide the necessary quantities.
(5) institutions for collective catering receive ration according to the number of the Board and the allocation rates, which are set within a legal regulation according to § 13 para 1. This shall not apply in the case of the Bundeswehr including to circuit with associations.
(6) for the storage, to bridge and as initial allocation, as well as for care in special cases ration without submission of credentials under the authority of the Supreme Land authorities or the agency designated by you can be issued.

§ 28 shrinkage allowances the Federal Ministry is empowered by decree with the consent of the Federal Council, 1 the procedure for the determination of the loss compensation to set the extent of shrinkage allowances that can be looked to the amounts arising from the settlement at the exhibition of reference notes for distribution, and 2.

§ 29 quantity and denomination should (1) reference notes about amounts of commercially available and taking into account the transport and sale conditions will be issued. Excess or reduced quantities, resulting in this handling, take into account the following reference license issues.
(2) manufacturer and intermediate distribution, which is not or not completely deliver the quantities of goods designated in the glow of a reference within a reasonable period of time, shall cover appearances the person entitled with the Declaration must be returned immediately, that they do not or only certain subsets can deliver.
(3) the nutrition Office can piece ration on request.

§ 30 delivery and decrease coercion may be required (1) producers, manufacturers, intermediate - and end distributors (suppliers) to control the supply of farmed products, to offer managed products to specific recipients. In this case, the supplier is obliged to submit the products to the specific recipient; the recipient is obliged to obtain the products from this supplier only.
(2) obligations, lays down as far as a legal regulation according to the food safety law, nothing else is determined, pursuant to paragraph 1 credentials. Is the authority that issued your proof of eligibility, not responsible for the suppliers locally, pronounces the authority responsible for the supplier on its request the obligation. The requested authority does not meet the request, shall decide the next joint authority; are the authorities in the jurisdiction of various countries, the Ministry shall decide.
Sixth section auditing and retention periods article 31 inventories of enterprises (1) manufacturer, intermediate Distributor and final distribution are required for each operation, broken down to record the inventory at the time of the applicability of § 1 para 1 in an inventory by type and quantity of farmed products, the food Office must be notified immediately and continuously to update.
(2) manufacturers and intermediate distribution are also obliged to make the expanded records for every vendor and every customer for farmed products, from which arise 1 date and amount of the goods and output, 2 verausgabten and received date credentials as well as the issued and collected receipts and the accounting documents.
(3) the inventories must be completed monthly and netted. You are to present the food Office or the persons appointed by him at any time on request.
(4) the inventories and records can be created with the help of automatic data processing equipment. If this happens, the food Office or the persons appointed by him are authorized to check the programming documents and to enter control programs in the data processing systems; the debtor pursuant to paragraphs 1 and 2 have to tolerate these measures and to provide the support required for the review.
(5) the Federal Ministry is authorised to regulate the proof of goods and reference slip motion in any other way by decree with the consent of the Federal Council and to determine that facilities to the guests and gathering food with the exception of the Bundeswehr, the associations and institutions of the police and the civil defense to the leadership of inventories are required.

§ 32 establishment of inventories of (1) finding a reference licence overhang as well as of goods increased or reduced quantities may order the food Office, that the inventories of manufacturer, intermediate and final Distributor on a specific date for the purpose of the opening are finally completed and netted (codification).
(2) the Federal Ministry is authorized to provide the power to arrange the establishment by decree with the consent of the Federal Council for facilities to the guests and gathering food with the exception of the Bundeswehr, the associations and institutions of the police and the civil defense.
(3) If an establishment is arranged, the establishments concerned are required to enclose certificates of their supplier of any goods balance of inventory of stocks of farmed products and credentials.
(4) the food Office completes the inventories the stipulation refers to, after examination of the documents and reopened them after finding any differences. At reopening of reference fictitious accounts existing excess or shortfall quantities and cover slip overhangs are to charge on future covers.

§ 33 retention periods are manufacturers, intermediate and final distribution, and persons who operate a facility to the guests - or collecting food, as far as not under other legislation, a longer storage is required, obliged, for every operation the inventories and other credentials to related documents for at least two years from the last entry to expected to be kept.
Seventh section reference slip lock and mode § 34 illegal reference slip lock (1) the owner or head of a company of its operations in a manner against this regulation on the basis of this regulation issued orders that consequently the proper supply of farmed products listed at risk, so can the district food Office or, if such does not exist, the Supreme Land authorities wholly or partially block the issue of reference , as far as this is necessary for the investigation of the offence.
(2) after placement of the cover slip lock has the operation of the issuing office within three days in terms of managed products and credentials, which refers to the lock, a directory of existing it managed products and credentials and, as far as it is manufacturer or intermediate Distributor, to present a directory of supplier and customer.

35 operation setting operation of a manufacturer, intermediate Distributor, end distributor or a facility to the guests - or collect food set §, so are the inventories on the day of the operation setting to establish; the section 32 and 34 paragraph 2 shall apply accordingly §. The food Office meets the required instructions pertaining to the use of inventories and of existing operating credentials. It issues a certificate thereof, which serves as the basis for the granting of cover slips in a reopening of the set operation.
Eighth section final provisions article 36 tax ban for farmed products (1) the commercial tax of managed products for 48 hours by the applicability of § 1 para 1 is prohibited. As far as the local supply situation so requires, the food Office in individual cases can lift the tax ban or shorten the period.
(2) the tax ban does not apply to 1 raw and heat-treated drinking milk out of ultra highly heated and sterilized milk, 2. the deliveries of milk from the producer at a dairy, giving skimmed milk, buttermilk and whey - also in powder form - through dairies to milk suppliers, 4th marine fish, fresh 3 or chilled.
These products can be ordered within the period referred to in paragraph 1 without credentials.

§ 37 City-State clause the Senates of the Länder of Bremen and Hamburg will be empowered to adapt the provisions of this regulation on the jurisdiction of authorities to the special institutional capacity building in their countries.

Section 38 offences (1) who intentionally or negligently managed products emits 1 contrary to § 2 para 1 sentence 1 applies, takes, aside creates, destroyed or unusable makes products that are no longer suitable for purposes of supply managed 2. contrary to article 2, paragraph 1, sentence 2, destroyed, 3. contrary to section 3, subsection 1, sentence 1 or not emits para 2 sentence 1 managed products, 4. contrary to section 3, subsection 1, sentence 2 or § 36 para 1 gives managed products , managed products without the accounting documents or receipts emits 5. contrary to section 3, paragraph 2, sentence 2, 6 violates article 11 par. 1 transmits credentials, 7 requested a replacement credential or give themselves can be without that the provisions of article 12, paragraph 1 or 3, 8 used a proof, which has become invalid according to article 12, paragraph 2, sentence 1, 9 contrary to section 12 paragraph 2 sentence 2 does not deliver a found or regained proof of eligibility , 10 contrary to section 24 para 2 individual sections of credentials not properly or not immediately cancelled, 11 contrary to article 31, paragraph 1 not or not properly absorb inventory, not immediately communicated or not continues, 12 contrary to § 31 para 2 not or not properly makes records, 13 contrary to § 31 para 3 not or not properly completes an inventory, netted or presents 14 contrary to § 32 para. 3 , also in conjunction with section 35 set 1, a certificate of not dealing with installation, 15 contrary to section 33 not two years kept documents, 16 contrary to section 34, paragraph 2, also in conjunction with section 35 set 1, a directory there called in a timely manner, submit to 17 an enforceable order of competent authority according to paragraph 4, 26 para 2 sentence 2, article 30, paragraph 1, article 32, paragraph 1 and section 35, sentence 2 does not comply with , commits an infringement within the meaning of section 22 of the food safety law, which is punishable under the economic criminal law in 1954.
(2) managing authority within the meaning of section 25 No. 2 letter b of the food safety act is the food Office.

§ 39 approval of the Federal Council after the applicability of § 1 para 1 regulations, whose adoption of the Ministry on the basis of § 1 para 4, § 3 para 4, §§ 5, 13 empowered para 1, § 26 para 3, § 27 para. 3, §§ 28, 31 para 5 and § 32 para 2 require is not the consent of the Federal Council.

§ 40 entry into force (1) this regulation enters into force on the first day of the calendar month following the announcement.
(2) you must with the exception of § 1 para 4, § 3 para 4, §§ 5, 13 para 5 and § 32 para 2 in accordance with § 2 para 3 of the food freezing law be applied para 1, § 26 para 3, § 27 para. 3, §§ 28, 31 only in accordance with article 80 of the basic law.

Plant (to § 1 para 1) Site of the original text managed products: Federal Law Gazette I, 1979, 61 cereals (rye, wheat, barley, oats, maize, buckwheat, spelt, millet and rice) and products suitable for human consumption thereof, in particular: a)
Flour, semolina, Dunst, back shot, b) bakery products (bread, cakes, pastries, biscuits), c) pasta, d) grains, flakes, food, coffee substitutes;
2. legumes (beans, peas, lentils) and suitable for human consumption products thereof;
3. potatoes and products suitable for human consumption thereof;
4. sugar beet, types of sugar from sugar beets, sugar cane, starch or starch-containing products; Artificial honey, cream syrup, raw and bulk storage, confectionery (chocolate, chocolate products, sugar confectionery), fructose, mannitol, sorbitol and xylitol;
5. cattle, pigs, sheep, horses, chickens (other than dwarf chickens), ducks, geese and turkeys as well as meat and offal of these animals suitable for human consumption and meat products suitable for human consumption;
6 eggs (except for dwarf range eggs) and egg products;
7. for the human diet saltwater fish and fish products therefrom;
8 oil crops and oilseeds; Oil-cake and oil meals;
9 oils suitable to the human diet and fats of vegetable and animal origin, even in raw or unprocessed state.
10 milk (cow's milk) and milk products suitable for human consumption;
11 vegetables and fruit, as well as other preserved preparations of vegetables or fruits;
12 feed except for silage and its own economic forage.