Food Management Ordinance (EBewiV)

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EBewiV

Date of completion: 10.01.1979

Full quote:

" Nutrition regulation of 10 January 1979 (BGBl. 52), as last amended by Article 401 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407). "

Status:

Last amended by Art. 401 V v. 31.10.2006 I 2407

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.2.1979 + + +) 
(+ + + For application cf.  Section 40 (2) + + +) 

  

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Input formula

Pursuant to § 1 (1) Nos. 1 to 3, 5, 7 to 9 and 11, § § 2 and 7 (1) sentence 1, § 10 (1) sentence 2 and (9) sentence 1 in conjunction with § 25 No. 2 (b), § 11 (1) and § 14 (1) (1) of the German Food Security Act (Nutrition Security Act) in the version of the notice of 4. October 1968 (BGBl. 1075) is decreed by the Federal Government with the consent of the Federal Council and on the basis of Section 7 (1) sentence 2 of the Food Security Act by the Federal Government:

First section
Scope and impact of public management

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§ 1 Public Management

(1) In order to ensure the supply of food and agriculture products, the products listed in the Appendix (managed products) shall be publicly managed. (2) The products managed shall be subject to a Limitation of availability and the obligation to discharge pursuant to this Regulation. These products must be used in accordance with the arrangements made by the competent authorities pursuant to a regulation under the law on food security. (3) The restriction of disposal and the obligation to discharge shall not be subject to the conditions laid down by the law.

1.

products used in

a)

Budgetary positions,

b)

Facilities for mass caterers (§ 7 para. 3 no. 2),

c)

Stockholding of the armed forces, the police and civil defence associations,

d)

other stocks financed from public funds;

2.

products which have been managed

a)

be brought within the scope of this Regulation and are intended to be used as a supply for the armed forces, or

b)

are on transit.

(4) The Federal Ministry of Food, Agriculture and Consumer Protection (Bundesministerium für Ernährung, Landwirtschaft und Consumer) (Federal Ministry for Food, Agriculture and Consumer Protection) is authorized by the Federal

1.

to include other products of food and agriculture in order to supply the products necessary for defence purposes, in particular in order to meet the needs of the civilian population and the armed forces; to ensure

2.

to delete individual products in the installation if their management is not required for the purposes referred to in point 1.

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§ 2 Restriction Of Disposal

(1) The restriction of control shall ensure that the managed products under their control are

1.

(§ 7) only for processing, for resale or for consumption, in relation to or for consumption may be taken out, insofar as nothing else arises from § 3 (2) and § 36 (2) sentence 2 or the Ministry of Food, in accordance with Section 4 (2) No. 2, does not arrange something else;

2.

should not be made aside, destroyed or rendered unusable.

Farmed products which are no longer suitable for food or for other purposes of supply may be destroyed only if they have previously been given the type and quantity of the products and the place and date of destruction of the products. (2) The restriction of disposal occurs in the case of plant products which have not yet been separated from the soil, with their separation, in the case of animal products with their production, and in other products with their production and in the case of imported products, with the introduction into the scope of the Regulation. Unofficial table of contents

§ 3 Delivery obligation

(1) The obligation to discharge shall, in so far as the Food Office does not, in accordance with Article 4 (2) (1), provide otherwise, that the managed products subject to it are to be handed over to the holders of credentials; it shall consist of holders of the right to submit a claim. of consumer credentials only for manufacturers and distributors who usually supply end-users (end distributors). Producers of agricultural products (producers) and producers may not give their products to holders of consumer credentials unless, in accordance with the provisions of the law on food security, a regulation has been adopted in accordance with the provisions of the Food Security Act (2) By way of derogation from paragraph 1,

1.

producers, even without providing their credentials, to the distributors, processors, processors and producers, who are usually supplied,

2.

Dairies, unless the Ministry of Food, according to Article 4 (2) No. 2, arranges otherwise, skimmed milk, buttermilk and whey without any credentials to their milk suppliers to the extent to date, provided that the milk suppliers have such products have also been returned before the applicability of Section 1 (1); in so far as the products referred to have been obtained in powder form, corresponding quantities may be released in liquid form.

In the cases referred to in the first sentence, products which are managed are to be made only against accounting documents or receipt confirmations from which the recipient, type and quantity of the products and the date of the charge are obtained. (3) The obligation to discharge shall not be subject, unless the food office arranges otherwise in accordance with Article 4 (2) No. 2, to the products being managed in the

1.

commercial establishments in the food industry where they are used as raw materials or intermediate products for the manufacture of the products normally or on the basis of a special arrangement of the dietary office in the holding,

2.

Holdings of producers as far as they are concerned within the framework of the holding and continuing operation of the seed, as seed demand, feed requirement and shrinkage (internal economic needs) and as livestock and breeding livestock

(4) The Federal Ministry is empowered to determine, by means of a regulation with the consent of the Bundesrat, that holders of establishments in the food and agriculture sector are solely responsible for the production of agricultural products to producers, establishments of certain economic levels or consumers. Unofficial table of contents

§ 4 Rules of Procedure

(1) The Food and Agriculture Office may, in individual cases, arrange for holders of food and agricultural holdings,

1.

to produce, obtain, manufacture, process, process or use, in a certain way, in the course of the holding;

2.

Relocate stocks and stocks of farmed products to other storage locations.

(2) The Food Office may also, if it is urgently required in exceptional cases due to the supply situation or special circumstances,

1.

, by way of derogation from Section 3 (1), order

a)

even without credentials,

b)

in an individual case, the sole or priority of a particular recipient,

c)

exclusively to producers, establishments of certain economic levels or consumers

; in the case of point (a), the second sentence of Article 3 (2) shall apply;

2.

by way of derogation from § 2 (1) (1), § 3 (2) (2) and (3) and § 11 (2) sentence 2, an order shall be made.

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§ 5 authorizing

The Federal Ministry is authorized, with the consent of the Federal Council, to issue legal regulations in accordance with Section 1, Section 1, No. 11 of the Food Security Act. Unofficial table of contents

§ 6 Supply compensation

Where the authority of a public authority does not ensure the supply of supplies, it shall apply to the parent authority in order to achieve a regional or superregional supply balance. If the compensation is not possible within a country, the competent supreme state authority will try to ensure the supply from another federal state. If such a compensation cannot be brought about, the Federal Ministry of Agriculture and Food will be able to take care of the compensation, and it can use the aid of the Federal Institute for Agriculture and Food.

Second section
Credentials

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§ 7 Credentials

(1) Credentials are

1.

Consumer cards (food cards, including milk cards and special cards; special cards also include travel stamps);

2.

Reference certificates (including reference certificates for the Bundeswehr),

3.

Authorization notes.

(2) Consumer cards are used to supply consumers with managed products. (3) Reference notes are provided for supply

1.

the producer, the manufacturer, including the processing and processing establishments (manufacturers), the intermediate distributors and the final distributors,

2.

the Bundeswehr, including associations of associations, police and civil defence associations, seagoing vessels, hospitals, nursing homes, educational establishments, prisons and similar institutions, in which full catering is granted on the basis of membership or admission (collective catering facilities),

3.

the restaurants, canteens and similar establishments in which catering is granted against individual sections of the consumer species (catering facilities),

4.

the consumer, bodies or other bodies in the case of donations for special purposes or on special occasions

(4) Authorisation certificates shall be used for the granting of subscription rights in special cases, insofar as this is provided for in accordance with the provisions of the Law on Nutrition Security Legislation. Unofficial table of contents

§ 8 Credentials for consumers

Any person notified to a reporting authority within the scope of this Regulation shall receive a food card for each supply period. In addition, milk cards, special cards as well as references for consumers are issued under a legal regulation under the Food Security Act. (2) For reported persons, who are on the day of card issuance in mass catering. or abroad, consumer credentials shall not be issued for the remainder of the current supply period until after their departure from the mass catering or after their return from abroad. (3) German seafarers who are not in mass caterers, even then Consumer credentials if they are not subject to the general notification requirement. (4) Foreigners who are considered to be

1.

Member of a foreign diplomatic mission or consular post or official of an international organization,

2.

with a person referred to in paragraph 1, in the common household of the family member,

3.

Member of the Civil Followers of Sending States Troops,

4.

Members of a member of a force of the sending Member State or of a person referred to in point 3

are exempt from the obligation to notify, shall obtain credentials for consumers if they are registered with the required information to the person at the food office responsible for their whereabout. (5) Other foreigners who are in the The scope of this Regulation, without being notified to an apartment, shall be granted credentials for consumers against registration in their passport or identity card for the further duration of their stay, but not for the period of their stay. more than one week in each case, unless they show that their stay is longer. Unofficial table of contents

§ 9 Scope

The credentials entitle the operator to refer to the related products within the scope of this Regulation. Unofficial table of contents

§ 10 Period of validity

(1) Consumer cards and their individual sections shall apply only in the supply period for which they have been issued. (2) The period of validity shall be determined in the form of reference and authorization certificates. It may, prior to its expiry, be extended by the food office in whose area of responsibility the bills have been issued, with the consent of the superordinate body, if this is required by the supply situation or by special circumstances. Unofficial table of contents

§ 11 Transferability and invalidity

(1) Credentials are non-transferable. (2) Lose sections of consumer cards with printed material and quantity, as well as travel brands, are transferable. Loose individual sections of consumer cards without printing the type and quantity of goods shall be invalid unless the Food Office arranges otherwise in accordance with Section 4 (2) no. 2. Unofficial table of contents

§ 12 Replacement Credentials

(1) For a Proof of Entitlement which has become unusable or has been lost, the Food Office may, on a case-by-case basis, issue a substitute certificate for the application of a supply emergency. (2) With the handout of the The previous authorization badge will be invalid. If a proof of proof of loss is found or recovered, it shall be delivered to a card issuing office or a dietary office. (3) Where the products are processed as food or for other purposes of supply; If they are no longer suitable or if they have been lost, substitute credentials may be issued in the appropriate application of paragraph 1. If managed products are lost on the transport, they are entitled to replacement and to

1.

the intended recipient, provided that the transport has been carried out at his/her risk;

2.

the supplier in all other cases.

Third Section
Consumer reference quantities

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Section 13 Supply period and allocation rates

(1) The Federal Ministry is authorized to determine by means of a regulation with the consent of the Federal Council,

1.

the quantities of products used for each four-week period (supply period) for consumers, as well as for members of police and civil defence associations, who are not supplied by the Bundeswehr, are to be provided (allocation rates),

2.

at which point in time the individual sections shall be valid,

3.

which managed products can be referred to or pre-ordered on the individual sections of the consumer species,

4.

which managed products can be selectively delivered and obtained on consumer cards against other products (replacement food).

(2) Paragraph 1 does not authorise regulations for members of the German Armed Forces, including associations to be provided with them. Unofficial table of contents

Section 14 Special allocations

The Ministry of Food may grant special alarms for the use of agricultural products, where special circumstances so urgently require local circumstances.

Fourth Section
Organisation of the management and participation of associations

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§ 15 Food offices and card issuing offices

(1) The counties and county-free towns/county administrative authorities shall set up food offices. The county governments are active as county nutrition offices. The Länder can set up national food offices. (2) The municipalities shall set up card issuing offices. Unofficial table of contents

§ 16 Sachliche jurisdiction

(1) Food offices shall carry out the tasks relating to the collection, management and allocation of products which are based on the management of the products concerned, unless, pursuant to a regulation under the Nutrition Security Act, other responsibilities (2) If there is an urgent need for the supply situation, the district nutrition offices, the regional food offices, the supreme state authorities and the Federal Ministry of Food and Agriculture can also be issued in place of the food offices; the Federal Ministry of Justice can only issue a decree if the extend to more than one country the facts or effects of the matter to be regulated and the purpose of this Regulation, by means of a directive under Article 85 (3) of the Basic Law and by means of the national authorities ' dispositions, can not be reached in time. The Federal Ministry shall inform the supreme state authorities of the countries concerned of the provisions adopted by it. (3) For the implementation of a regulation pursuant to Section 1 (1) (11) of the Nutrition Security Act, the following provisions shall apply. District nutrition offices or, if they are not set up, supreme state authorities. Unofficial table of contents

Section 17 Local competence

(1) In the case of

1.

for the issue of consumer cards, the issuing office of the congregation in which the consumer is registered with his or her principal place of residence; who is registered with a secondary residence in another municipality, may be able to use his or her consumer cards for that purpose; shall refer to the card issuing authority responsible for his/her principal place of residence, provided that he declares that he intends to issue a certificate to the card issuing office responsible for the secondary flat. in the case of the first issue of consumer cards may be made in the statement and a certificate shall be waived;

2.

for the issue of references, the Ministry of Food, the establishment, the institution, the associations referred to in Article 7 (3) (2), the competent service provider or, in the case of consumers, the responsible for the issue of the card issuing office responsible for consumer cards; in the case of associations in use, the food office of the place of supply, assembly or place of application is responsible in the case of a lack of supply; in the case of seagoing vessels, each food office is responsible, in the area of which the ship is responsible; when issuing reference certificates the dietary office of a county-free city can use the help of the card issuing offices;

3.

for the issuing of authorization, the Food Office, which is responsible for the operation, the establishment or the body, or the food office in the case of consumers, in the area of responsibility of the Food Office, which is responsible for the issue of the the card issuing body responsible for consumer cards shall be located;

4.

in other matters relating to a holding, the food office in whose area of responsibility the holding is situated.

(2) By way of derogation from paragraph 1 (1), the following persons may be granted consumer cards against the corresponding evidence at the place of residence:

1.

Inland waterway shippers and their family members, as well as other persons permanently residing on board an inland waterway vessel registered in a ship's register of a court of law within the scope of the Law of the Judith;

2.

German seafarers who leave the collection on board a sea ship;

3.

other persons who are temporarily absent from their place of residence and who do not have the possibility to obtain their consumer cards from the issuing office of their place of residence in good time;

4.

Foreigners in accordance with § 8 (4) and (5).

(3) By way of derogation from paragraph 1, for members of the Bundeswehr and the associations and bodies of police and civil defence which are temporarily not pledged by their associations or bodies, members of the Bundeswehr and of the associations and bodies of the Bundeswehr and of the police and civil defence organizations shall be required to No. 1 the competent service shall receive the consumer cards required for that period in the collection reference from the card issuing body within the area of responsibility of which the service is located. The card issuing body and the competent authority shall have proof of the whereabout of the consumer cards. (4) In case of justified individual cases, the issue of consumer cards and the issuing of reference certificates for consumers shall be subject to the following conditions: shall be dismissed from the rules laid down in paragraph 1 with regard to local jurisdiction. Unofficial table of contents

Section 18 Participation of associations

To the extent that the interests of food and agriculture are concerned, associations and associations carrying out tasks of food or agriculture may, in the implementation of a legal regulation under the Nutrition Security Legislation, be entitled to: be consulted in an advisory role.

Fifth Section
Specific provisions applicable to the consumer card and reference system

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Section 19 Beneficiaries

(1) Authorized to receive credentials (receive authorized)

1.

Eligible eligible persons,

2.

legal representatives,

3.

restricts business-capable rights of reference if it has its own budget or if its legal representative has consented to it;

4.

Persons with a written authorisation of persons referred to in points 1 to 3.

(2) The addressee has to prove the right to receive on request and to confirm receipt of the credentials by his signature. Unofficial table of contents

§ 20 Documents for the issuing of credentials

(1) The card issuing bodies shall provide for each household in their district, the food offices for each establishment, each institution and each body within their area of responsibility documents for the issuance of credentials. (2) Facilities for: For the reception of credentials, the number of meals is to be proven by means of instructions, registration certificates, voucher lists or other documents. The Bundeswehr is subject to a special arrangement between the Federal Ministry and the Federal Ministry of Defence. In the case of seagoing ships, the master responsible shall submit the model role and carry out a supply book in which each food office requested to supply supplies shall enter, for which products (type and quantity), for which crew strength and for which type of supply. Period the ship has received credentials. (3) Manufacturers, intermediate and final distributors as well as facilities for catering have to receive a reference for the first time at the request of the food office up to a distance covered by the ship. Six months ' time for each establishment to meet the needs of goods and services; and -to provide evidence of initial books or other operational records relating to related and converted food products. Unofficial table of contents

Section 21 Procedure in the case of housing change

In the case of a change of housing, the card issuing office responsible for the new apartment will accept the additional equipment with credentials against the issuing of a logout certificate from the previously responsible card issuing office. The registration certificate may be waived for persons on the flight and in emergencies. Unofficial table of contents

§ 22 General catering

(1) Consumers who are admitted to a collective catering establishment shall, on the return of the credentials in their possession, register with the competent card issuing office and submit the certificate of registration of the Facility for mass caterers. In the case of persons on the flight and in emergencies, the logoff certificate can be waived. (2) If a consumer from a facility for mass catering is left out of or if he is on leave of absence, he will receive credentials from the Card issuing office only upon presentation of a certificate of registration of the facility for mass caterers. Unofficial table of contents

§ 23 levy of milk

(1) To consumers

1.

Lots of heat-treated drinking milk,

2.

packed heat-treated drinking milk, excluding ultrahigh-heated and sterilized milk,

only if they register with a final distributor, from which they wish to be supplied during a supply period, by order form. (2) Order notes are

1.

for the pre-order of skimmed milk, a specific section of the food card,

2.

for the pre-order of whole milk or semi-skimmed milk, a specific section of the milk card.

(3) The final distributor has to separate and retain the order form and to provide the root section of the credential or a field provided on the PoE with his/her company stamp. (4) Pre-ordered milk will be after being entered in a list of customers, full milk or semi-skimmed milk against individual sections of the milk card. Unofficial table of contents

Section 24 relating to food products on consumer cards

(1) In the case of the delivery of foodstuffs against presentation of consumer cards, the supplier shall separate and withhold the individual sections corresponding to the product. (2) Individual sections which, according to a legal regulation pursuant to § 13 (1) or in the The granting of a special allocation in respect of the delivery of goods shall not be allowed to be separated from the supplier without delay in such a way that they cannot be used for the re-purchase of goods. Unofficial table of contents

Section 25 relating to foodstuffs for reference certificates and authorization certificates

Reference certificates and authorization certificates (§ 7 para. 1 no. 2 and 3) entitle only to one single reference. They shall be handed over to the supplier by the acquirer of the managed products with an acknowledgement of receipt on the sham. The receipt of the products being managed may also be confirmed separately, indicating the reference or entitlement to the product. Unofficial table of contents

§ 26 Accounting of credentials and other evidence

(1) Reheld individual sections of the consumer species shall be taken into account at the latest two weeks after the expiry of their validity with the Food Office. For this purpose, the individual sections shall be glued to the sticking sheet separately in accordance with the type of goods and shall be compiled on the accounting sheet in the manner of the products managed. (2) Other credentials or acknowledgement of receipt; and Accounting documents in accordance with § 3 (2) sentence 2 shall be billed with the food office no later than two months after delivery. As far as this is provided by the supply situation, the food office may require that it be charged at a shorter time interval and at certain dates. The billing shall be made on the basis of a compilation of the types and quantities of goods. The retained credentials are to be attached to the confirmations pursuant to § 25 sentence 2 or 3. (3) The Federal Ministry is authorized to settle details of the settlement procedure by means of a legal regulation with the consent of the Federal Council. In such a decree, it may also be determined that the individual sections of the consumer cards are to be deducted from the card issuing office. Unofficial table of contents

Section 27 Issue of subscription notes

(1) Intermediate distributors, final distributors and guest catering facilities shall exchange the credentials, receipt confirmations and accounting documents of the Nutrition Office according to § 26 in reference notes. (2) Manufacturer The Federal Ministry of Human Rights is authorized to provide information to the Federal Ministry of Justice, with the consent of the Federal Council, with the consent of the Federal Council for details of the receipt of the relevant documents. to be determined by

1.

Conversion rates according to which reference notes are issued for the quantity of the processed products supplied by producers, on the raw materials required for production,

2.

the working and processing and the nature of the products.

(4) Generators shall, in consultation with the body responsible for the assessment, produce reference certificates for managed products which, in the context of the holding and maintenance of operations, are considered to be of an internal economic need and as a Livestock and breeding animals are required to be allocated, provided that the economic activity does not suffice to provide the necessary quantities. (5) Catering facilities for mass caterers receive reference certificates according to the number of food participants and the allocation rates, which are laid down in a legal regulation pursuant to § 13 (1) shall be fixed. This does not apply to the Bundeswehr (Bundeswehr), including federations. (6) In order to stock up, to bridge it and to provide a start-up and to supply in special cases, reference notes can be issued without the submission of credentials. To be issued by the supreme state authorities or by the authority designated by it. Unofficial table of contents

Section 28 Shrinkage Allowances

The Federal Ministry is authorized by the Federal Council with the consent of the Federal Council

1.

the extent of the remuneration of allowances which may be added to the quantities resulting from the settlement in the issuing of subscription certificates for distributors; and

2.

The procedure for the determination of the remuneration of the remuneration

. Unofficial table of contents

Section 29 Quantity and denomination

(1) Reference notes shall be issued on the basis of commercially available quantities and taking into account the transport and sales conditions. More or less quantities resulting from this handling shall be taken into account in the following reference expenditure. (2) Manufacturers and distributors who do not have the quantities shown in a reference note within a reasonable period of time. or not in full, shall be obliged to return the reference note to the person entitled without delay by declaring that they are unable to supply certain quantities or only certain subsets. (3) The Food Office may, on request, Pieces. Unofficial table of contents

§ 30 Terms of delivery and acceptance

(1) Producers, producers, intermediate and final distributors (suppliers) may be required to control the supply of processed products to deliver managed products to certain recipients. In this case, the supplier shall be obliged to deliver the products to the particular consignee; the consignee shall be obliged to obtain the products only from that supplier. (2) Obligations as referred to in paragraph 1 shall, to the extent that: Legal regulation according to the Nutrition Security Act is not otherwise determined, in credentials. Where the authority issuing the PoE is not competent to the supplier, the authority responsible for the supplier shall, at the request of the supplier, issue the undertaking. If the requested authority does not comply with the request, the next higher-level authority shall decide; if the authorities are within the competence of different countries, the Federal Ministry shall decide.

Sixth Section
Invoice control and retention periods

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Section 31 Inventory of holdings

(1) Manufacturers, intermediate distributors and final distributors are obliged to order the inventory of the goods for each holding at the time of the applicability of section 1 (1) to an inventory list according to the type and quantity of the products managed (2) The manufacturer and the intermediate distributor shall also be obliged to include, for each supplier of goods and for each customer, broken down products for the products they have managed to produce. To keep records from which they arise

1.

the date and quantity of goods in and out of goods,

2.

the issued and collected credentials as well as the issued and collected receipt confirmations and billing documents with date.

(3) The inventories must be completed and salted on a monthly basis. They shall be submitted at any time to the Food Office or to the persons appointed by him on request. (4) The inventories and records may be drawn up with the aid of automatic data-processing systems. Where this is done, the Food Office or the persons appointed by it shall be empowered to review the programming documents and to enter control programmes in the data processing facilities, which shall be subject to the provisions of paragraphs 1 and 2 (5) The Federal Ministry is empowered to provide proof of the movement of goods and goods by means of a decree of law with the consent of the Federal Council. to regulate and determine that facilities are also available to guests, and It is obliged to provide a collection with the exception of the Bundeswehr (Bundeswehr), the associations and institutions of the police and the civil defence for the management of inventories of the stock. Unofficial table of contents

§ 32 Festdepreciation of the inventories

(1) In order to establish a reference overhang and to reduce the quantities of goods or quantities of goods, the Food Office may order that the inventories of a producer, intermediate and final distributor for a given date for the purpose of (2) The Federal Ministry is authorized, with the consent of the Federal Council, to grant the power to arrange the committing of the festivities, including for facilities for guests and guests, by means of a decree-law. Collective catering, with the exception of the Bundeswehr, the associations and institutions of police and civil defence. (3) If a commit is ordered, the holdings concerned shall be obliged to provide certificates to their suppliers of any holdings of the inventory on the holdings of the holdings (4) The Food Office shall, after examination of the documents, conclude the inventory of the inventories referred to in the commit procedure and shall reopen it after any differences have been established. In the case of reopening of subscription bill accounts, existing excess or shortfall and cover overhangs are to be offset against future references. Unofficial table of contents

Section 33 Retention periods

Manufacturers, distributors and distributors, as well as persons operating a catering or mass catering establishment, shall be required, in so far as they are not required for a longer storage period under other legislation, to ensure that they are kept for each holding. Keep inventories and other documents relating to credentials for at least two years from the last entry in the register.

Seventh Section
Indicator lock and operation setting

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§ 34 Reference block

(1) If the owner or manager of a holding does not comply with this Regulation or on the basis of this Regulation, in order to ensure that the products are properly managed, the holder or the head of a holding shall, in a manner contrary to this Regulation or on the basis of this Regulation , the District Nutrition Offices or, if they do not exist, the supreme state authorities may block the issue of references in whole or in part, in so far as this is necessary for the investigation of the infringement. (2) After The arrangement of the reference block has the operation of the issuing body within three days in respect of the products and the credentials to which the lock relates, a list of the products and credentials which it exists and, in so far as it concerns producers, An intermediate distributor shall also present a list of the suppliers and customers. Unofficial table of contents

Section 35 Operational setting

In the event that an establishment of a manufacturer, an intermediate distributor, a final distributor or a facility for the catering or mass catering is discontinued, the inventories shall be determined on the day of the establishment of the holding; the sections 32 and 34 (2) shall apply accordingly. The Ministry of Food meets the necessary arrangements for the use of the stocks and the credentials still available in operation. It shall issue a certificate, which shall serve as the basis for the issuing of reference certificates in the event of a reopening of the establishment set up.

Eighth section
Final provisions

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Section 36 Ban on the delivery of processed products

(1) For 48 hours, the commercial delivery of processed products shall be prohibited from the applicability of Section 1 (1). To the extent that it requires the local supply situation, the food office may, on a case-by-case basis, lift the ban on delivery or shorten the time limit. (2) The prohibition shall not apply to:

1.

raw and heat-treated drinking milk other than ultrahigh-heated and sterilized milk,

2.

the supply of milk from the producer to a dairy,

3.

the supply of skimmed milk, buttermilk and whey-also in powder form-by dairies to their milk suppliers,

4.

Seefish, fresh or chilled.

These products may be obtained without credentials within the period referred to in paragraph 1. Unofficial table of contents

Section 37 Urban-state clause

The Senate of the Länder of Bremen and Hamburg is hereby authorized to adapt the provisions of this Regulation on the competence of the authorities to the special administrative structure of their countries. Unofficial table of contents

Section 38 infringements

(1) Who intentionally or negligently

1.

Products used in accordance with the first sentence of Article 2 (1), make, take, create, annihilate or make unusable products,

2.

destroyed products which are no longer suitable for the purposes of supply, as defined in the second sentence of Article 2 (1) of the Regulation,

3.

products used in accordance with the first sentence of Article 3 (1) or (2), first sentence, shall not be issued;

4.

, in accordance with Article 3 (1) sentence 2 or section 36 (1) of the products,

5.

products managed in accordance with Article 3 (2), second sentence, without accounting documents or receiving confirmations,

6.

, contrary to Section 11 (1) of the Credentials

7.

may apply for a replacement certificate or can be handed over without the requirements of section 12 (1) or (3) being fulfilled,

8.

uses a certificate which has become invalid pursuant to Article 12 (2) sentence 1,

9.

Contrary to the second sentence of Article 12 (2), a found or recovered proof of credentials shall not be returned,

10.

Contrary to Section 24 (2), individual sections of the credentials are not devalued in accordance with the rules or without delay,

11.

Contrary to Section 31 (1), the stock of goods shall not be received or not properly received, shall not be informed without delay or shall not be continued,

12.

Contrary to § 31 para. 2, records are not or are not correct,

13.

Contrary to Article 31 (3), the list of inventor shall not be or shall not be properly closed, salted or presented,

14.

Contrary to § 32 (3), even in conjunction with § 35 sentence 1, the list does not include a certificate,

15.

shall not be kept for two years, contrary to Section 33;

16.

contrary to § 34 (2), also in connection with § 35 sentence 1, a list referred to there is not presented in due time,

17.

in accordance with § § 4, 26 (2) sentence 2, § 30 (1), § 32 (1) and § 35 sentence 2, the competent authority shall not comply with a fully-enforceable arrangement of the competent authority,

is an infringement within the meaning of Section 22 of the Food Security Act, which is punishable under the Economic Criminal Law of 1954. (2) Administrative authority within the meaning of Section 25 (2) (b) of the Nutrition Security Act is the following: Food Office. Unofficial table of contents

Section 39 Approval of the Federal Council

According to the applicability of Section 1 (1), legal regulations requiring the Federal Ministry for the purpose of the Federal Ministry pursuant to § 1 (4), § 3 (4), § § 5, 13 (1), § 26 (3), § 27 (3), § 28, 31 (5) and § 32 (2) do not require the consent of the Federal Ministry of Justice and the Federal Council. Unofficial table of contents

Section 40 Entry into force

(1) This Regulation shall enter into force on the first day of the calendar month following the announcement. (2) With the exception of Section 1 (4), § 3 (4), § § 5, 13 (1), § 26 (3), § 27 (3), § 28, 31 (5) and § 32 (2) of the Regulation Food security law shall be applied only in accordance with Article 80a of the Basic Law. Unofficial table of contents

Annex (to § 1 (1))
Managed products

Source of the original text: BGBl. I 1979, 61

Cereals (rye, wheat, barley, oats, maize, buckwheat, spelt, millet and rice) and the products suitable for human consumption, in particular:

a)

Flour, Grieß, Dunst, Backschrot,

b)

Bakery products (bread, pastries, pastries, bakery products, bread, pastry products),

c)

Pasta,

d)

Graypen, flakes, nutrients, coffee substitute;

2.

Legumes (beans, peas, lentils) and the products suitable for human consumption;

3.

Potatoes and products suitable for human consumption;

4.

Sugar beet, sugar beet, sugar cane, sugar cane, starch or starch-containing products; artificial honey, feed syrup, raw and filling masses, confectionery (chocolate, chocolate, sugar), fructose, mannitol, sorbitol and xylitol;

5.

bovine animals, pigs, sheep, horses, chickens (other than dwarf chickens), ducks, geese and turkeys and meat and meat products suitable for human consumption, and meat products suitable for human consumption;

6.

Chicken eggs (except eggs from dwarf chickens) and egg products;

7.

Seafood suitable for human consumption and fish products derived therefrom;

8.

oil seeds and oilseeds; oil cake and oil shred;

9.

oils and fats of vegetable and animal origin suitable for human consumption, whether or not in raw or unprocessed condition;

10.

milk (cow ' s milk) and milk products suitable for human consumption;

11.

vegetable and fruit preserved as well as other preserved preparations of vegetables or fruit;

12.

feedingstuffs other than silage and their own green fodder.