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

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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 procedures (EC-Gentechnik-Implementing Act-EGGenTthroughfG)

Non-official table of contents

EGGenTthroughfG

Date of delivery: 22.06.2004

Full quote:

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

:Last modified by Art. 2 G v. 9.12.2010 I 1934

See Notes

Footnote

(+ + + Text evidence: 26.6.2004 + + +)
(+ + + Amcial) for more information on the stand. Notification of the norm provider to 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 considered to be 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. Non-official table of contents

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

(1) The Federal Office of Consumer Protection and Consumer Protection Food safety is responsible for
1.
to receive, edit, and forward Applications 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 June 2003 on the application of the European Parliament and of the Council of the European Communities 1 September 2003 on genetically modified food and feed (OJ L 327, 28.12.2003 EU No 1), as far as the Member States are competent in the authorisation procedure,
2.
the opinion referred to in Article 6 (3) (b) or Article 18 Article 6 (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 1829/2003,
4.
the opinion referred to in Article 6 (4) sentence 3 or Article 18 (4) sentence 3 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 of 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 June 2002, 1 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety (OJ L 327, 28.2.2002, p. EC No 1), the provisional suspension of an authorisation granted under Regulation (EC) No 1829/2003, in whole or in part.(3) The Federal Office for Consumer Protection and Food Safety is the contact point within the meaning of Article 17 (2) of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity of 29 October 2008. January 2000 (BGBl. 1508) and Article 15 (1) (b) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 June 2003 on the European Parliament and of the Council of the European Communities, July 2003 on transboundary movements of genetically modified organisms (OJ L 136, 31.3.2003, 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. Non-official table of contents

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

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

§ 3 Participation of other federal authorities

(1) Opinions in accordance with § 1 (1) No. 2 shall be taken 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 delivered in consultation with the Federal Agency for Nature Conservation and the Robert 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. Non-official table of contents

§ 3a Requirements for labelling without the use of genetically engineered food products

(1) 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 are after
1.
Articles 12 and 13 of Regulation (EC) No 1829/2003 or
2.
Articles 4 or 5 of Regulation (EC) No 1830/2003
or, if they were placed on the market, should be marked.(3) Food and food ingredients which fall within the scope of Regulation (EC) No 1829/2003 may not be used, but in accordance with Article 12 (2) of Regulation (EC) No 1829/2003 or Article 4 (7) or (8) or Article 5 (5) of Regulation (EC) No 1829/2003. 4 of Regulation (EC) No 1830/2003 are excluded from the labelling requirements.(4) In the case of a food or a food product of animal origin, the animal from which the food has been obtained shall not have been given a feed which is based on
1.
Articles 24 and 25 of Regulation (EC) No 1829/2003 or
2.
Articles 4 or 5 of Regulation (EC) No 1829/2003. 1830/2003
, or, if it were placed on the market, to be marked. For the period prior to the production of the food within which the feeding of genetically modified feed is inadmissible, the animal species referred to in the Appendix shall be subject to the requirements laid down therein.(5) For the preparation, processing, processing or mixing of a food or a food ingredient, food, food ingredients, processing aids and substances produced by a genetically modified organism shall not be allowed to: The terms of Section 5 (2) of 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 2008. December 2007 (BGBl. 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. Regulation (EEC) No 2092/91 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 327, 31.12.1991, p. EU No 1), an exception is allowed.(6) For the terms
1.
"produced by a genetically modified organism", the definition in Article 2 (v) of Regulation (EC) No 834/2007 shall apply. and
2.
"Processing adjuvant" is the definition in Article 2 (y) of Regulation (EC) No 834/2007.
href="index.html#BJNR124410004BJNE001000310"> A non-official table of contents

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

The person who uses the food in accordance with § 3a (a) 1 shall be placed on the market or advertised in accordance with the provisions of sentence 2 on the preparation, processing, processing or mixing of the food or the feeding of the animals, which shall mean that the animals are required to be used for the purpose of using the claim. Requirements have been met. Appropriate proofs are, in particular,
1.
mandatory declarations by the supplier that the requirements for the label are met,
2.
in the cases of § 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 showing reasonable assurance that the condition for the marking is met.
The Identification 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 conducted. Non-official table of contents

§ 4 Monitoring

(1) Unless otherwise specified in this law, it is the responsibility to monitor 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 June 2003. September 2003 on the traceability and labelling of genetically modified organisms and on the traceability of food and feed products produced from genetically modified organisms and amending the Directive 2001 /18/EC EU No 24),
3.
Regulation (EC) No 1946/2003
of the competent authority in accordance with the law of the country.(2) The competent authority under national law may, pending the adoption of a decision or a decision of the European Communities or the European Union, or until the issuing of an order of the competent federal authority pursuant to Article 1 (2), may be issued under meet 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 safeguard measures within the meaning of the first sentence of Article 54 (1) of Regulation (EC) No 178/2002. It may, in particular, provisionally all or part of 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, for the monitoring of
1.
in
a)
Article 3 of Regulation (EC) No. 1829/2003,
b)
Article 15 of Regulation (EC) No 1829/2003, feed and
c)
Food which is placed on the market or advertised with an indication within the meaning of § 3a paragraph 1,
§ 38, § 39 para. 1, 2 and 7, § 40 and § § 42 to 44 of the Food and Feed Code,
2.
other genetically modified organisms other than those referred to in paragraph 1, § § 25, 26 and 28a of the Genetic engineering law
accordingly. Non-official table of contents

§ 5 Participation of customs offices

In the case of the import, export or transit of products that are in the The scope of the acts referred to in Article 4 (1) shall be subject to the effect of the Federal Ministry of Finance and the customs offices designated by the Federal Ministry of Finance for the purpose of monitoring in appropriate application of Section 55 of the Food and Agriculture Committee. Animal feed legislation. Non-official table of contents

§ 5a Decree of legal regulations

(1) The Federal Ministry of Food, Agriculture and Consumer Protection will Authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a regulation with the consent of the Federal Council, in so far as it is responsible for implementing Regulation (EC) No 1829/2003, in particular to monitor the prohibitions of the Article 4 (2) and Article 16 (2) of Regulation (EC) No 1829/2003, is required,
1.
the placing on the market of certain foodstuffs or feedingstuffs or
2.
the movement of certain foodstuffs or feedingstuffs into the territory of the country or the European Union, into a free zone, a free warehouse or into a free zone, or into a free zone, customs warehouses
on a permanent or temporary basis, and to prescribe the measures necessary for this purpose.(2) Legal orders referred to in paragraph 1 may, in the event of danger or if it is necessary for immediate entry into force for the implementation of acts of the European Community or of the European Union, be subject to the consent of the Federal Council be adopted. 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. Your period of validity can only be extended with the approval of the Federal Council.(3) § 73 of the Food and Feed Code shall apply accordingly. Non-official table of contents

§ 6 Penal rules

(1) Imprisonment of up to three years or a fine shall be punished for who is against the Regulation (EC) No 1829/2003, by
1.
contrary to Article 4 (2), is in breach of Article 4 (2) of Regulation (EC) No 17 genetically modified organism or a foodstuff referred to therein, or
2.
contrary to Article 16 (2), a product referred to in that paragraph shall be placed on the market
() With a custodial sentence of up to three years or a fine, the person who violates Regulation (EC) No 1946/2003 shall be punished by: (2) style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
without the consent of article 5, para. 1 sentence 2, a genetically modified organism transboundary
2.
executes a genetically modified organism against Article 10 (3) sentence 2.
(3) With a term of imprisonment of three months to five years shall be punished for who by a
1.
in paragraph 1 or paragraph 2 no. 2 or
2.
referred to in paragraph 2 (1).
Leib or life of another, foreign matter of significant value or component of the natural household of significant ecological Significance is at risk.(3a) With a custodial sentence of up to one year or a fine, he shall be punished who, contrary to § 3a (1) sentence 1, places a food on the market or advertises for a food.(4) In the cases referred to in paragraphs 1 to 3, the attempt shall be punishable.(5) Anyone who acts negligently in the cases referred to in paragraph 1 or in paragraph 2 (2) shall be punished with imprisonment of up to one year or a fine.(6) Those who are in danger of negligent action in the cases referred to in paragraph 3 shall be punished with imprisonment of up to five years or a fine.(7) Those who act negligently in the cases referred to in paragraph 3 (1) and who are at risk of negligence shall be punished with imprisonment of up to three years or a fine.(8) The court may reduce the penalty at its discretion (§ 49 (2) of the Criminal Code) or from punishment if the offender does not act for commercial purposes. Non-official table of contents

§ 7 Penal rules

(1) Contrary to the law, who is negligent in committing any of the acts referred to in § 6 (3a).(2) A breach of Regulation (EC) No 1829/2003 by intentionally or negligently acting
a breach of Regulation (EC) No 1829/2003 shall be the subject of a breach of Regulation (EC) No 1829/2003,
1.
style="font-weight:normal; font-style:normal; text-decoration:none;"> contrary to Article 8 (1) (a) or (b), respectively in conjunction with paragraph 2 sentence 1, or Article 20 (1) (a) or (b), respectively in conjunction with paragraph 2 sentence 1, for one there 2)
2.
contrary to Article 9 (1), second sentence, or Article 21 (2)
Paragraph 1 sentence 2 does not ensure that an observation is carried out, or does not submit a report, not correct or not in time,
3.
contrary to Article 9 (3) sentence 1 or Article 21 (3), first sentence, a piece of information referred to in that paragraph not, not correct, not complete or not in good time,
4.
one in Article 12 (1) where an identification requirement under Article 13 (1) or (2) (a) is not fulfilled, placing on the market or
5.
Article 25 (2), first sentence, in conjunction with sentence 2 (a), (b) or (c), placing on the market a feed referred to therein.
(3) Contrary to Regulation (EC) No 1830/2003, by intentionally or negligently
1.
contrary to Article 4 (1) or (2) or Article 5 (1), does not ensure that the participant, which refers to the product, the information referred to therein,
2.
contrary to Article 4 (4) or Article 5 (2), not by means of a system referred to therein; or Procedure, or
3.
contrary to Article 4 (6), first sentence, does not ensure that any indication referred to therein on the label, the container or in connection with the The presentation of the product appears.
(4) Contrary to Regulation (EC) No 1946/2003, by intentionally or negligently acting
1.
contrary to the first sentence of Article 6, a document referred to therein shall not be retained or shall not be kept for at least five years or a copy of the documents referred to therein shall not be retained or shall not be immediately after Receipt of the decision of the importing State sent to the Federal Office for Consumer Protection and Food Safety or the European Commission or
2.
Article 12 (1) in conjunction with paragraph 2 sentence 1, subsection 3 or (4) does not ensure that the information and statements referred to therein are contained in the accompanying documents and that they are transmitted to the importer.
(5) Administrative Offers In so far as the regulation refers to this fine, the legal regulation for a certain amount of facts is contrary to a legal regulation pursuant to Section 5a (1) or a enforceable order.(6) Contrary to the law, who intentionally or negligently uses
1.
against § 3a (1) sentence 2 of an indication,
2.
contrary to § 3b sentence 1, there is no proof, not correct, or not complete, or
3.
contrary to § 3b sentence 3, a food item.
(7) The administrative offence may be in the cases referred to in paragraphs 1 and 6 (2) and (3) with a fine of up to 20 thousand euros, in the other cases, a fine of up to fifty thousand euros. unofficial table of contents

asset (to § 3a, paragraph 4, sentence 2)
period before recovery of the food, within which a feeding of genetically Site

the original text: BGBl. I 2008, 506

lfd. Nr.TierartPeriod
1 for equidae and bovine animals (including bubalus and bison species) for the meat production twelve months and in any case at least three quarters of their life
2 for little ruminants Six Months
3 bei Schweinen four months
4 for milk producing animals three Months
5 Poultry for meat production, which was stalled before it was three days old 10 Weeks
6 fowl for egg productionsix weeks.