Law On The Implementation Of The Regulations Of The European Community Or The European Union In The Field Of Gene Technology And Labelling Without Application Of Genetic Engineering Techniques Produced Food

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

Read the untranslated law here: http://www.gesetze-im-internet.de/eggentdurchfg/BJNR124410004.html

Law on the implementation of the regulations of the European Community or the European Union in the field of gene technology and labelling without application of genetic engineering techniques produced food (EC-gen technology implementation Act EGGenTDurchfG) EGGenTDurchfG Ausfertigung date: 22.06.2004 full quotation: "EC-genetic engineering implementation Act of June 22, 2004 (BGBl. I p. 1244), most recently by article 2 of the law of December 9, 2010 (BGBl. I S. 1934) has been changed" stand : Last amended by article 2 G v. 9.12.2010 I in 1934 about the stand number you see in the menu see remarks footnote (+++ text detection from: 26.6.2004 +++) (+++ official note of the standard authority on EC law: implementing 1946/2003 of the EC TREATY (CELEX Nr: 32003R1946) 178/2002 of the EC TREATY (CELEX Nr: 32002R0178) EC 1829/2003 (CELEX Nr: 32003R1829) +++) heading: IdF d. art. 2 No. 1 in conjunction with article 5 para. 2 set 1 G v. consolidated I 499 iVm BEK. v. may 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 as article 1 d. G. v. 22.6.2004 I 1244 by the German Bundestag adopted. It entered into force article 5 of this G on the 26.6.2004 according.

Section 1 responsibilities 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 receiving, processing and forwarding of applications referred to in article of 5, 6 par. 2, article 9 paragraph 2, article of 17, 18 paragraph 2 or article 21 paragraph 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 EU no. L 268 p. 1), as far as the Member States within the framework of the authorisation procedure are responsible, 2. the opinion referred to in article 6 para 3 point (b) or article 18 paragraph 3 point (b) of Regulation (EC) No 1829/2003, 3. the opinion referred to in article 6 para 3 points (c) or article 18 para 3 c of Regulation (EC) No 1829/2003 , 4. the opinion referred to in article 6 para 4 sentence 3 or article 18 para 4 sentence 3 of Regulation (EC) No 1829/2003 and 5. the request referred to in article 10 para 1 sentence 1 or article 22 para 1 sentence 1 of the Regulation (EC) No 1829/2003 of the European food safety authority.
(2) the Federal Office of consumer protection and food safety can number up to the adoption of a decision or a decision of the European communities or of the European Union under the conditions of laid down in article 34 of Regulation (EC) 1829/2003, in connection 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 , the European authority for food safety and establishing procedures to food safety (OJ EC No. L 31 p. 1) the temporary resting one within the scope of Regulation (EC) No. of 1829/2003 granted approval completely or partially arrange.
(3) the Federal Office of consumer protection and food safety is contact point within the meaning of article 17 paragraph 2 of the Cartagena Protocol on Biosafety to the Convention on biological diversity of January 29, 2000 (BGBl. 2003 II p. 1508) and of article 15 paragraph 1 letter b of Regulation (EC) no 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements genetically modified organisms (OJ EU no. L 287, p. 1). It also carries the tasks referred to in article 5 paragraph 2, articles of 6, 9, 14, paragraph 2 and article 15 paragraph 1 of Regulation (EC) No. 1946/2003 true and fulfilled other duties of notification according to the Cartagena Protocol on Biosafety to the Convention on biological diversity towards the Observatory for biosafety pursuant to article 20 of the Cartagena Protocol on Biosafety to the Convention on biological diversity , as far as the Member States are responsible.

Article 2 tasks the Federal Ministry for food, agriculture and consumer protection the Federal Ministry of food, agriculture and consumer protection is the focal point within the meaning of article 19 para 1 sentence 1 of the Cartagena Protocol on Biosafety to the Convention on biological diversity and article 17 paragraph 2 of Regulation (EC) no 1946/2003.

Article 3 participation of other authorities of the Confederation (1) opinions pursuant to section 1 para 1 No. 2 be issued in consultation with the Robert Koch Institute and the Federal Institute for risk assessment.
(2) pursuant to section 1 para 1 No. 3 and 4 shall be taken opinions in consultation with the Federal Office for nature conservation and the Robert Koch Institute. Before issuing an opinion pursuant to sentence 1, an opinion of the Federal Institute for risk assessment, the Julius Kühn-Institut is obtaining Federal Research Institute for cultivated plants, and, as far as genetically modified animal or genetically modified micro-organisms, which are applied to vertebrate animals, are affected, the Friedrich-Loeffler-Institut, Federal Research Institute for animal health.

§ 3a conditions for labelling without application of genetic engineering techniques produced food (1) can a food with a specification that indicates on the manufacture of the food without the use of genetic engineering techniques, the only marketed or advertised as far as the requirements of paragraphs 2 to 5 have been met. It may be used only the indication "no genetic engineering'.
(2) it may no food and food ingredients used are 1 in article 12 and 13 of Regulation (EC) No 1829/2003 or no. are 2 articles 4 or 5 of Regulation (EC) 1830/2003 marked or where they would be placed on the market, would be to label.
(3) it no food and food ingredients must be used, no. 1829/2003 fall within the scope of Regulation (EC), but according to article 12 paragraph 2 of Regulation (EC) No 1829/2003 or article 4 para 7 or 8 or article 5 para. 4 of Regulation (EC) no 1830/2003 of the labelling requirements excluded.
(4) in the case of a food or a food ingredient of animal origin should the animal from which the food is obtained, no feed administered have been, that after 1. articles 24 and 25 of Regulation (EC) No. 1829/2003 or no. 2 articles 4 or 5 of Regulation (EC) 1830/2003 marked or, as far as it would put on the market, would be to mark. The there regulated requirements for the period prior to the production of food within a feed by genetically modified feedingstuffs is permitted, for the species listed in the annex.
(5) in order to prepare, edit, process, or mixing a food or a food ingredient should no food produced by a genetically modified organism, food ingredients, processing AIDS and materials in the sense of § 5 para 2 of food labelling regulation as amended by the notice of December 15, 1999 (BGBl. I S. 2464), most recently by article 1 of the Decree of December 18, 2007 (BGBl. I p. 3011) has been modified , have been used. Sentence 1 shall not apply to food, food ingredients, processing AIDS and materials in the sense of § 5 para 2 the food labeling regulations, for which on the basis of a decision or a decision by the European Commission in accordance with article 22 paragraph 2 letter g in conjunction with article 37 paragraph 2 of Regulation (EC) No. 834/2007 of the Council of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No. 2092/91 (OJ EU no. L 189 p. 1) an exception is approved.
(6) for the terms 1 'produced by a genetically modified organism' apply the definition in article 2 letter v of Regulation (EC) No. 834/2007 and 2nd "Processing agent" is the definition given in article 2 letter y of Regulation (EC) No. 834/2007.

§ 3 who the food with the specification according to § 3a paragraph 1 into circulation brings b evidence for labelling without application of genetic engineering techniques produced food or promotes, has according to the sentence 2 of the preparation, editing, processing or mixing the food or feeding the animals evidence to lead, that the requirements for the use of the indication prescribed have been complied. Appropriate evidence must in particular 1 binding declarations of the suppliers, that the requirements for marking are met, 2. in the cases of § 3a paragraph 2 and 4 labels or accompanying documents of the used materials or 3. in the case of Article 3a para 3 analysis reports or documentation, with reasonable assurance attesting, that the requirement for marking is met.
The labelling of a foodstuff with a claim within the meaning of section 3a, paragraph 1 is inadmissible as far as the evidence is not possible pursuant to sentence 1.

§ 4 is monitoring (1) unless otherwise determined in this law, is whether 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 foodstuffs produced from genetically modified organisms and feed products and amending Directive 2001/18/EC (OJ EU no. L 268, p. 24), 3. Regulation (EC) no 1946/2003 of the competent according to national law.
(2) the authority competent under national law can until the adoption of a decision or a decision of the European communities or the European Union or to the adoption of an order of the competent federal authority under § 1 para 2 under the conditions of laid down in article 34 of Regulation (EC) No. 1829/2003, in connection with article 54 of Regulation (EC) No 178 / 2002 interim protective measures within the meaning of article 54 para 1 sentence 1 of the Regulation (EC) No. 178/2002 meet. She may prohibit in particular the placing on the market of genetically modified food or feed, or a genetically modified organism intended for use as or in food or feed for the time being wholly or partly.
(3) also apply to the monitoring of 1 in a) article 3 of Regulation (EC) No 1829 / 2003 food referred to, b) article 15 of Regulation (EC) No 1829 / 2003 feed referred to and c) foods, which linked to a claim within the meaning of § 3a paragraph 1 into circulation or advertised, article 38, article 39, paragraph 1, 2 and 7, § 40 sections 42 to 44 of the food and feed law , 2 others according to as the genetically modified organisms referred to in point 1 the sections 25, 26 and 28a of the genetic engineering law.

§ 5 participation of Customs offices In the case of the import, export, or transit of products that fall within the scope of the legal acts referred to in article 4, paragraph 1 the Federal Ministry of finance and the Customs Department given by him in monitoring through corresponding application of § 55 of the food and feed law involved.

§ 5a adopt legal regulations (1) the Federal Ministry of food, agriculture and consumer protection shall be authorised in agreement with the Federal Ministry of Economics and technology by decree with the consent of the Federal Council, as far as to the implementation of Regulation (EC) No 1829/2003, in particular on the monitoring of the prohibitions of laid down in article 4 (2) and of article 16 paragraph 2 of Regulation (EC) No 1829/2003 , is required, 1 the placing on the market of certain food or feed, or 2. the introduction of certain foods or feed in the domestic or the European Union, in a free zone, a free warehouse or a customs warehouse permanently or temporarily to ban or to limit and to impose the necessary measures.
(2) regulations may be adopted pursuant to paragraph 1 for danger in arrears, or if its immediate entry into force for the implementation of legal acts of the European Community or the European Union is necessary, without the consent of the Federal Council. Legal regulations require pursuant to sentence 1 not the relation with the Federal Ministry of Economics and technology. The regulations occur no later than six months after its entry into force override. Its validity may be extended only with the consent of the Federal Council.
(3) § 73 of the food and feed code shall apply mutatis mutandis.

§ 6 (1) sanctions with imprisonment up to three years or with fine will be punished who 1829/2003 contrary to no regulation (EC), by giving a there 1 contrary to article 4 paragraph 2 mentioned genetically modified organism or a there called a food on the market brings or 2. contrary to article 16 a there a product on the market brings para 2 , used or processed.
(2) with imprisonment up to three years or with fine will be punished, who contrary to Regulation (EC) no 1946/2003, by he 1 without consent under article 5 para 1 sentence 2 cross-border spends a genetically modified organism or 2. contrary to article 10, paragraph 3 genetically one sentence 2 modified organism performs.
(3) up to five years will be punished with a prison sentence of three months, who was no. 1 by a 1 in paragraph 1 or paragraph 2 No. 2, or 2. in paragraph 2 action endangering life or limb of another foreign things of significant value or components of the ecosystem of significant ecological importance.
(3a) with imprisonment up to one year or with fine is who brings a food on the market contrary to section 3a, paragraph 1, sentence 1 or advertises for a food punished.
(4) in the cases of paragraphs 1 to 3, the attempt is punishable.
(5) a person who in the cases of paragraph 1 or paragraph 2 No. 2 is through negligence, is punishable by up to one year or fined punished.
(6) a person who negligently causes the danger in cases of paragraph 3, is punishable by up to five years or punished with fines.
(7) a person who is negligent in the cases of paragraph 3 No. 1 and the danger caused through negligence, is punishable by up to three years or fined punished.
(8) the Court may in its discretion mitigate the punishment (§ 49 para 2 of the Criminal Code) or refrain from punishment if the offender not for commercial purposes.

§ 7 penalty provisions (1) any person is who one who commits para 3a designated acts negligently in § 6.
(2) any person is, who contrary to Regulation (EC) No 1829/2003, by he intentionally or through negligence to 1 article 8 para 1 letter a or b, in connection with paragraph 2 sentence 1, or article 20 para 1 letter a or b, in connection with paragraph 2 sentence 1, for a product there named the necessary message not , incorrectly, incompletely or not timely 2. contrary to article makes, 9 para 1 sentence 2 or article 21 para 1 sentence 2 does not ensure that an observation is performed, or a report do not, not properly or in a timely manner 3. contrary to article 9, submit to para 3 sentence 1 or article 21 para 3 sentence 1 there called information not correct , incompletely or not timely submitted, a 4 in article 12 para 1 called food, where a labelling requirement referred to in article 13, letter a paragraph 1 or paragraph 2 is not met, brings in traffic or 5. contrary to article 25 paragraph 2 sentence 1 in conjunction with sentence 2 letter a, b, or c a there called a feed on the market brings.
(3) any person who is against the Regulation (EC) No. 1830 is, / 2003 violates, by he intentionally or through negligence to 1 article 4 paragraph 1 or paragraph 2 or article 5 para 1 does not warrant that the information there referred are transmitted to the operator receiving the product, 2. contrary to article 4 paragraph 2 does not have one there called a system or procedure has paragraph 4 or article 5, or 3. contrary to article 4 sentence 1 does not ensure para 6 , that seems a there called specification on the label of the container, or in connection with the performance of the product.
(4) any person who with Regulation (EC) contrary no 1946/2003, by intent or negligence giving 1 contrary to article 6 clause 1 there kept called surface not or at least five years or not or not immediately after receipt of the decision of the importing State shall forward a copy of the documents there referred the Federal Office of consumer protection and food safety or the European Commission or 2. contrary to article 12 is, para 1 in conjunction with § 2 sentence 1 , Paragraph 3 or paragraph 4 does not ensure that the referred information and explanations in the accompanying documents are included and transmitted by the importer.
(5) it is any person who contravenes section 5a paragraph 1 or an enforceable order on the basis of such legal regulation a legal regulation, as far as the legal regulation for a specific offence refers to this fine provision.
Is (6) any person who intentionally or negligently an indication used 1 contrary to section 3a, paragraph 1, sentence 2, 2. violates article, incorrectly or not completely proof referred leads 3 sentence 1 or features 3. violates article 3 b set 3 of a food.
(7) the offence may in the cases of paragraphs of 1 and 6 No. 2 and 3 with a fine up to twenty thousand euros, in other cases a fine punishable up to fifty thousand euro.

Annex (to § 3a paragraph 4 sentence 2) period prior to the acquisition of food, within which a genetically modified animal feed feeding inadmissible is site of the original text: BGBl. I, 2008, item No. 506 No. species period 1 for equine and bovine (including Bubalus and bison species) for meat production twelve months and in any case at least three quarters of their lives 2 in small ruminants six months 3 in pigs four months 4 at milk-producing animals three months 5 poultry for meat production, which was housed in a, before it was three days old for ten weeks of 6 in poultry for egg getting six weeks.