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Law implementing the regulations of the European Community or of the European Union in the field of genetic engineering and on the labelling of foodstuffs produced without the use of genetic engineering methods

Original Language Title: Gesetz zur Durchführung der Verordnungen der Europäischen Gemeinschaft oder der Europäischen Union auf dem Gebiet der Gentechnik und über die Kennzeichnung ohne Anwendung gentechnischer Verfahren hergestellter Lebensmittel

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Law implementing the regulations of the European Community or of the European Union in the field of genetic engineering and on the labelling of foodstuffs produced without the use of genetic engineering methods (EC-Genetic Engineering-Implementing Act-EGGenTthroughfG)

Unofficial table of contents

EGGenTthroughfG

Date of completion: 22.06.2004

Full quote:

" EC-Genetic Engineering-Implementation Act of 22 June 2004 (BGBl. 1244), as last amended by Article 2 of the Law of 9 December 2010 (BGBl). I p. 1934).

Status: Last amended by Art. 2 G v. 9.12.2010 I 1934

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 26.6.2004 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation
EGV 1946/2003 (CELEX Nr: 32003R1946)
EGV 178/2002 (CELEX Nr: 32002R0178)
EGV 1829/2003 (CELEX Nr: 32003R1829) + + +)

Heading: IdF d. Art. 2 No. 1 iVm Art. 5 para. 2 sentence 1 G v. 1.4.2008 I 499 iVm Bek. v. 27.5.2008 I 919 mWv 1.5.2008 u. d. Art. 2 No. 1 G v. 9.12.2010 I 1934 mWv 15.12.2010
The G was referred to as Article 1 (d). G. v. 22.6.2004 I 1244 of the Bundestag. It's gem. Article 5 of this Act entered into force on 26 June 2004. Unofficial table of contents

Section 1 Tasks of the Federal Office for Consumer Protection and Food Safety

(1) The Federal Office of Consumer Protection and Food Safety is responsible for
1.
the receipt, processing and forwarding of requests pursuant to Articles 5, 6 (2), 9 (2), 17, 18 (2) or 21 (2) of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on Genetically modified food and feed (OJ L 327, EU No 1), to the extent that the Member States are competent in the framework of the authorisation procedure,
2.
the opinion referred to in Article 6 (3) (b) or Article 18 (3) (b) of Regulation (EC) No 1829/2003,
3.
the opinion referred to in Article 6 (3) (c) or Article 18 (3) (c) of Regulation (EC) No 1829/2003,
4.
the opinion referred to in the third sentence of Article 6 (4) or the third sentence of Article 18 (4) of Regulation (EC) No 1829/2003; and
5.
the request referred to in the first sentence of Article 10 (1) or the first sentence of Article 22 (1) of Regulation (EC) No 1829/2003 to the European Food Safety Authority.
(2) The Federal Office for Consumer Protection and Food Safety may, pending the adoption of a decision or a decision of the European Communities or of the European Union, under the conditions laid down in Article 34 of Regulation (EC) No 1829/2003, in conjunction with Article 54 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Community Food safety authority and the establishment of procedures for Food safety EC No (3) The Federal Office of Consumer Protection and Food Safety shall be the contact point within the meaning of Article 17 (2) of the Protocol of Cartagena on Biosafety to the Convention on Biological Diversity of 29 January 2000 (BGBl. 1508) and to Article 15 (1) (b) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms (OJ L 327, 31.12.2003, p. EU No L 287 p. 1). It shall also carry out the tasks referred to in Article 5 (2), Articles 6, 9, 14 (2) and 15 (1) of Regulation (EC) No 1946/2003 and fulfil other obligations under the Cartagena Protocol on Biosafety in respect of the Convention on Biological Diversity to the Biosafety Information Centre, in accordance with Article 20 of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, to the extent that: Member States shall be responsible. Unofficial table of contents

§ 2 Tasks of the Federal Ministry of Food, Agriculture and Consumer Protection

The Federal Ministry of Food, Agriculture and Consumer Protection is the point of contact within the meaning of Article 19 (1), first sentence, of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity and the Convention on Biological Diversity (CBD). Article 17 (2) of Regulation (EC) No 1946/2003. Unofficial table of contents

§ 3 Participation of other federal authorities

(1) Opinions pursuant to Section 1 (1) No. 2 are issued in consultation with the Robert Koch Institute and the Federal Institute for Risk Assessment. (2) Opinions pursuant to § 1 (1) (3) and (4) shall be issued in consultation with the Federal Agency for Nature Conservation and the Robert Bosch Foundation. Koch Institute. A statement by the Federal Institute for Risk Assessment, the Julius Kühn Institute, Federal Research Institute for Cultural Plants, and, where genetically modified vertebrate animals or genetically modified organisms are genetically modified, shall be issued before issuing an opinion in accordance with the first sentence of sentence 1. modified microorganisms that are used in vertebrate animals are affected, the Friedrich-Loeffler-Institut, Federal Research Institute for Animal Health, is to be collected. Unofficial table of contents

§ 3a Conditions for labelling without the use of genetically modified foodstuffs

(1) A food may be placed on the market or advertised only with an indication which indicates the production of the food without the use of genetic engineering, in so far as the requirements of paragraphs 2 to 5 have been complied with . Only the words "without genetic engineering" may be used. (2) Food and food ingredients may not be used, which shall be used in accordance with
1.
Articles 12 and 13 of Regulation (EC) No 1829/2003, or
2.
Articles 4 or 5 of Regulation (EC) No 1830/2003
(3) Food and food ingredients which fall within the scope of Regulation (EC) No 1829/2003 may not be used, but shall not be used in accordance with Article Article 12 (2) of Regulation (EC) No 1829/2003 or Article 4 (7) or (8) or Article 5 (4) of Regulation (EC) No 1830/2003 is excluded from the labelling requirements. (4) In the case of a food or a food supplement, animal welfare Origin shall not be subject to feed from the animal from which the food has been obtained has been administered by
1.
Articles 24 and 25 of Regulation (EC) No 1829/2003, or
2.
Articles 4 or 5 of Regulation (EC) No 1830/2003
, or, if it were placed on the market, should be marked. For the period prior to the production of the food within which the feeding of genetically modified feed is inadmissible, the requirements laid down therein shall apply to the animal species referred to in the Appendix. (5) Processing, processing or mixing of a food or food supplement shall not be allowed to produce food, food ingredients, processing aids and substances produced by a genetically modified organism within the meaning of § 5 (2) the food labelling regulation, as amended by the notice of 15 December 1999 (BGBl. 2464), as last amended by Article 1 of the Regulation of 18 December 2007 (BGBl I). 3011), has been used. Sentence 1 shall not apply to food, food ingredients, processing aids and substances within the meaning of Article 5 (2) of the Food Labelling Regulation, for which the European Commission has decided or decided on a decision or a decision of the European Commission Article 22 (2) (g) in conjunction with Article 37 (2) of Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EC) No 178/2007 of Regulation (EEC) No 2092/91 (OJ L 327, 31.12.1991, EU No 1), an exception is allowed. (6) For the terms
1.
'produced by a genetically modified organism' shall be the definition set out in Article 2 (v) of Regulation (EC) No 834/2007, and
2.
"Processing aid" shall apply to the definition in Article 2 (y) of Regulation (EC) No 834/2007.
Unofficial table of contents

§ 3b Evidence of food produced without the use of genetic engineering methods

The person who places or applies to the placing on the market of foodstuffs as specified in section 3a (1) shall, in accordance with the provisions of sentence 2, give evidence of the preparation, processing, processing or mixing of the food or the feeding of the animals, that: the requirements laid down for the use of the claim have been complied with. Appropriate evidence shall be given in particular:
1.
Binding declarations by the supplier that the conditions for labelling are met,
2.
in the cases referred to in Article 3a (2) and (4), labels or accompanying documents of the raw materials used, or
3.
in the case of section 3a (3), analytical reports or a documentation certifying with sufficient certainty that the condition for the labelling is fulfilled.
The marking of a foodstuff with an indication within the meaning of § 3a (1) shall be inadmissible in so far as the evidence according to sentence 1 cannot be carried out. Unofficial table of contents

§ 4 Monitoring

(1) Unless otherwise provided in this Act, the monitoring of compliance with the
1.
Regulation (EC) No 1829/2003,
2.
Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of genetically modified organisms , and amending Directive 2001 /18/EC (OJ L 134, 30.4.2001, p. EU No L 268 p. 24),
3.
Regulation (EC) No 1946/2003
(2) The competent authority of national law may, pending the adoption of a decision or a decision of the European Communities or of the European Union, or until the adoption of an order of the Under the conditions laid down in Article 34 of Regulation (EC) No 1829/2003 in conjunction with Article 54 of Regulation (EC) No 178/2002, provisional protective measures within the meaning of the first sentence of Article 54 (1) of Regulation (EC) No 1829/2003 shall apply. Regulation (EC) No 178/2002. It may, in particular, provisionally, in whole or in part, the placing on the market of a genetically modified food or feed or of a genetically modified organism intended for use as or in food or feed. (3) In addition, the monitoring of
1.
to
a)
Article 3 of Regulation (EC) No 1829/2003,
b)
Article 15 of Regulation (EC) No 1829/2003, and
c)
food which is placed on the market or advertised with an indication within the meaning of section 3a (1);
§ 38, § 39 (1), (2) and (7), § 40, as well as § § 42 to 44 of the Food and Feed Code,
2.
other than the genetically modified organisms referred to in paragraph 1, § § 25, 26 and 28a of the Gentechnikgesetz (German Genetic Engineering Act)
accordingly. Unofficial table of contents

Section 5 Participation of customs offices

In the case of the import, export or transit of products falling within the scope of the acts referred to in Article 4 (1), the Federal Ministry of Finance and the customs services designated by it shall act in the course of monitoring with the appropriate application of § 55 of the Food and Feed Code. Unofficial table of contents

§ 5a Decree of legal regulations

(1) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a legal regulation with the consent of the Federal Council, to the extent that it is to carry out the Regulation (EC) No 1829/2003, in particular with regard to the monitoring of the prohibitions referred to in Article 4 (2) and Article 16 (2) of Regulation (EC) No 1829/2003,
1.
the placing on the market of certain food or feed, or
2.
the movement of certain foodstuffs or feedingstuffs into the territory of the country or the European Union, into a free zone, into a free warehouse or into a customs warehouse
(2) Legal orders referred to in paragraph 1 may, in the event of a risk in the case of danger, or, if it enters into force without delay, for the implementation of: Acts of the European Community or of the European Union shall be adopted without the consent of the Bundesrat. Legal regulations in accordance with the first sentence do not require the agreement of the Federal Ministry of Economics and Technology. The legal regulations shall be repeals no later than six months after their entry into force. The term of validity can only be extended with the consent of the Federal Council. (3) § 73 of the Food and Feed Code applies accordingly. Unofficial table of contents

§ 6 Criminal Code

(1) With a custodial sentence of up to three years or a fine, the person who violates Regulation (EC) No 1829/2003 shall be punished by:
1.
, contrary to Article 4 (2), placing on the market a genetically modified organism or a food referred to in that paragraph, or
2.
, contrary to Article 16 (2), a product referred to therein is placed on the market, used or processed.
(2) With a custodial sentence of up to three years or a fine, he shall be punished who infringes Regulation (EC) No 1946/2003 by:
1.
shall, without the consent of the second sentence of Article 5 (1), spoil a genetically modified organism across borders, or
2.
, contrary to Article 10 (3), second sentence, a genetically modified organism.
(3) With imprisonment of three months to five years shall be punished who shall be punished by a
1.
in paragraph 1 or in paragraph 2, point 2, or
2.
in paragraph 2 (1)
(3a) Imprisonment of up to one year or a fine shall be punishable by a penalty of imprisonment of up to one year or a fine of a significant value or part of the natural balance of the natural balance. (4) In the cases referred to in paragraphs 1 to 3, the experiment shall be punishable. (5) Any person who acts negligently in the cases referred to in paragraph 1 or in paragraph 2 (2) shall be treated with: Imprisonment for up to one year or a fine. (6) Those who in the cases of paragraph 3 The risk of negligence is punishable by imprisonment of up to five years or a fine. (7) Anyone who acts negligently in the cases referred to in paragraph 3 (1) and causes the risk of negligence shall be sentenced to up to three years imprisonment (8) The court may reduce the sentence at its discretion (Section 49 (2) of the Criminal Code) or from punishment if the offender does not act for commercial purposes. Unofficial table of contents

Section 7 Penance

(1) The conduct of a person who is negligent in any of the acts referred to in § 6 (3a). (2) acts contrary to Regulation (EC) No 1829/2003, by intentionally or negligently acting
1.
contrary to Article 8 (1) (a) or (b), each in conjunction with the first sentence of paragraph 2, or Article 20 (1) (a) or (b), respectively in conjunction with the first sentence of paragraph 2, for a product referred to in paragraph 2, the required notification is not correct, does not make it complete or not in time,
2.
, contrary to Article 9 (1), second sentence, or Article 21 (1), second sentence, does not ensure that an observation is carried out, or does not submit a report, either correctly or not in good time,
3.
, contrary to the first sentence of Article 9 (3) or the first sentence of Article 21 (3), the information referred to therein shall not be transmitted, not correct, in full or in a timely manner,
4.
a food referred to in Article 12 (1) which does not comply with an identification requirement in accordance with Article 13 (1) or (2) (a) shall be placed on the market, or
5.
in accordance with the first sentence of Article 25 (2), in conjunction with the second sentence of the second sentence of the second sentence of the second subparagraph, it shall place a feed on the
(3) A breach of Regulation (EC) No 1830/2003 is in breach of Regulation (EC) No 1830/2003, by intentionally or negligently
1.
does not ensure, contrary to Article 4 (1) or (2) or Article 5 (1), that the information referred to in that article is communicated to the person concerned by the product,
2.
does not have a system or procedure referred to in Article 4 (4) or Article 5 (2), or
3.
, contrary to Article 4 (6), first sentence, it does not ensure that an indication referred to therein appears on the label, the container or in the context of the presentation of the product.
(4) A breach of Regulation (EC) No 1946/2003 is in breach of Regulation (EC) No 1946/2003, by intentionally or negligently
1.
shall not, contrary to the first sentence of Article 6, retain a document referred to therein, or not, or shall not keep a copy of the documents referred to therein, or not immediately after receipt of the decision of the importing State, to the Federal Office for consumer protection and food safety, or the European Commission, or
2.
Contrary to Article 12 (1) in conjunction with paragraph 2, sentence 1, paragraph 3 or paragraph 4, it does not ensure that the information and declarations referred to therein are contained in the accompanying documents and that they are transmitted to the importer.
(5) The order is contrary to the law of law in accordance with Section 5a (1) or of a enforceable order pursuant to such a decree, in so far as the legal regulation for a certain amount of the offence is subject to this fine. Refers. (6) Contrary to the law, who intentionally or negligently
1.
, contrary to Article 3a (1) sentence 2, an indication is used
2.
contrary to the first sentence of paragraph 3b, the evidence referred to in the first sentence shall not, not be correct or not fully,
3.
contrary to § 3b sentence 3, a foodstuff is marked.
(7) In the cases referred to in paragraphs 1 and 6 (2) and (3), the administrative offence may be punishable by a fine of up to 20 000 euro and, in the other cases, with a fine of up to 50 000 euro. Unofficial table of contents

Annex (to § 3a (4) sentence 2)
Period before the production of the food within which the feeding of genetically modified feedingstuffs is inadmissible

Source of the original text: BGBl. I 2008, 506

lfd. Nr.TierPeriod
1 in the case of equidae and bovine animals (including bubalus and bison species) for meat production twelve months and in any case at least three quarters of their lives
2 for small ruminants six months
3 for pigs four months
4 in the case of milk producing animals three months
5 in the case of poultry for meat production, which had been stabled before it was three days old ten weeks
6 in the case of poultry for egg production six weeks.