Regulation on marketing standards for eggs

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EiMarktV

Date of completion: 20.12.1977

Full quote:

" Regulation on marketing standards for eggs in the version of the Notice of 18 January 1995 (BGBl. 46), as last amended by Article 5 of the Regulation of 17 June 2014 (BGBl I). 793).

Status:	New by Bek. v. 18.1.1995 I 46;
	Last amended by Art. 5 V v. 17.6.2014 I 793

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 26.7.1986 + + +) 

  

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§ 1 Scope

The provisions of this Regulation shall apply to the implementation of the acts of the European Community or of the European Union on marketing standards for eggs. Unofficial table of contents

§ 1a Exceptions

(1) The provisions of Annex VII, Part VI, excluding Section III (3), of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on a common organisation of the market in agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 136, 31.4.2007, p. 671) as amended must not be complied with in the case of eggs produced by the producer at the production site, on a local public market in the production area or on sale at the door in the production area. shall be sent directly to the final consumer, provided that the eggs come from the production of that producer and are not sorted according to quality and weight categories. (2) Production area within the meaning of paragraph 1 is the area within the radius of is located no more than 100 km from the place of production. Unofficial table of contents

§ 1b Prohibition of placing on the market

(1) It is prohibited, contrary to Article 78 (1) (e) and Annex VII, Part VI, Section I, point 1, of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on a common organisation of the market in agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 145, 31.7.2007, p. OJ L 347, 20.12.2013, p. 671), in conjunction with

1.

Annex VII, Part VI, Section II, point 1 or point 2, first sentence, of Regulation (EU) No 1308/2013, in conjunction with Article 2 (1), (2), (3), first sentence, or (4), first sentence, or Article 4 (1) of Commission Regulation (EC) No 589/2008 of 23 June 2013 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs (OJ L 327, 22.11.2007, p. 6), as last amended by Regulation (EU) No 519/2013 (OJ L 163, 29.6.2008, p. 74) has been amended to keep eggs available for sale, to offer, to supply, supply, sell or otherwise place eggs on the market which do not or are not properly classified according to the prescribed quality classes. or are not sorted correctly by weight classes,

2.

in Annex VII, Part VI, Section II, point 3, eggs of category B to other establishments other than those referred to in that Annex,

3.

Annex VII, Part VI, Section III, point 1, first subparagraph, or 2, point 2 or 3, subparagraph 1, eggs for sale, to be held, offered, delivered, sold or otherwise placed on the market which are referred to in the Do not meet requirements for information or labelling.

(2) It is prohibited to:

1.

To keep eggs available for sale, offer, supply, supply, sell or otherwise place on the market the products referred to in the first sentence of Article 4 (2), first sentence or paragraph 3, Article 6, Article 7 (1), first sentence, or paragraph 3, Article 8 (1) or (5), Article 9 (1), Article 12 (1) or (2), first subparagraph, (2) or (3), or (4), Article 13, Article 14 or Article 15 of Regulation (EC) No 589/2008, on labelling, labelling, the stamping, indication, declaration or any indication referred to therein, shall not be equivalent to:

2.

To keep eggs available for sale, to offer, to supply, to supply, to supply, to sell or otherwise to be placed on the market, which is not sorted in a packing centre approved in accordance with Article 5 (1) of Regulation (EC) No 589/2008, packed and have been identified,

3.

To keep eggs available for sale, to offer, to supply, to supply, to supply, to sell or otherwise to be placed on the market, which have not been sorted, packaged and labelled in a packing centre, which is the first sentence of Article 5 (3) of the Regulation (EC) No 589/2008 is in accordance with the technical requirements referred to in

4.

To keep eggs available for sale, to offer, to supply, to supply, to supply, to sell or to be placed on the market which do not comply with the sorting and packaging requirements referred to in Article 6 of Regulation (EC) No 589/2008,

5.

to hold, offer, supply, supply, sell or otherwise place eggs for sale which do not comply with the packaging requirements referred to in Article 17 of Regulation (EC) No 589/2008,

6.

To keep eggs available for sale, to offer, to supply, supply, sell or otherwise place on the market the requirements laid down in Article 18 of Regulation (EC) No 589/2008 of an indication, a banderole or a label do not comply,

7.

To keep eggs available for sale, offer, supply, supply, sell or otherwise place on the market the requirements for information or information referred to in Article 30 (2) or (3) of Regulation (EC) No 589/2008; or Do not correspond to markings.

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§ 2 Invoices, delivery notes and other transport accompanying documents

In invoices, delivery notes and other transport accompanying documents, with the exception of papers of the above-mentioned type of retail trade, the quality and weight classes under which the eggs are delivered, sold or otherwise placed on the market have been brought. Unofficial table of contents

§ 3 Advertising

In public notices and in communications intended for a wider range of persons, eggs shall not be advertised without specifying the quality and weight classes, provided that prices are indicated directly on the basis of refer to a weight unit. Unofficial table of contents

§ 3a

(dropped) Unofficial table of contents

§ 4 Market quotations

Exchanges, administrations of public markets and other bodies which make price quotations or price fixing for eggs intended for the purposes of official or statutory purposes shall be obliged to make the quotations or to determine the quality of the goods. and weight classes. Unofficial table of contents

§ 5 Procedure for direct deliveries of unmarked eggs

(1) The application of a production facility established in Germany pursuant to Article 11 of Commission Regulation (EC) No 589/2008 of 23 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards the Marketing standards for eggs (OJ 6), as amended, for the supply of unlabelled eggs to a holding in Germany of the food industry, shall be with the competent authority of the country in which the place of production is situated has to put up. The latter shall immediately inform the competent authority of the country in which the operation of the food industry is established, if it is granted the application. (2) The application of a production facility established in Germany pursuant to Article 11 of the Regulation (EC) No 589/2008 on the supply of unlabelled eggs to a food industry operating in another Member State of the European Union or in a third country shall be with the competent authority of the country in which the eggs are (3) If a resident is established in a third country, Where, in accordance with Article 11 (2) (b) of Regulation (EC) No 589/2008, unlabelled eggs are to be supplied to a food industry operating in Germany, the eggs shall be supplied to the competent authority of the country; in which the operation of the food industry is established. (4) Applications referred to in paragraphs 1 to 3 shall contain at least the following information:

1.

the name, address and telecommunications data of the applicant;

2.

the name and address of the production facility;

3.

Number of laying hens registered in the production facility,

4.

the name, address and telecommunications data of the operator of the production site, if it differs from the applicant;

5.

number of eggs to be delivered per week,

6.

the period of validity of the exemption and delivery date,

7.

the name and address of the food industry undertaking,

8.

Declaration by the food industry company in accordance with Article 11 (2) (c) of Regulation (EC) No 589/2008.

The competent State authority may announce samples in the Federal Gazette for applications pursuant to paragraphs 1 to 3; where samples are known, they shall be used. Unofficial table of contents

§ 6 Monitoring by the Federal Agency for Agriculture and Food, import and export of eggs

(1) The Federal Institute for Agriculture and Food (Bundesanstalt) is responsible for the monitoring of compliance with the provisions of the acts referred to in § 1 and this Regulation

1.

in the case of imports of eggs from third countries, as long as the eggs are customs good, and

2.

on the export of eggs to these countries.

(2) Where the possibility of Article 29 of Regulation (EC) No 589/2008 is to be used for the export of eggs to a third country, the Bundesanstalt shall be required to do so no later than three working days prior to dispatch of the eggs in accordance with the conditions laid down in sentence 2. in writing. The display must contain the following information:

1.

the name, address and telecommunications data of the applicant;

2.

the name and address of the exporting company;

3.

the name, address and telecommunications data of the consignee;

4.

number of eggs to be executed,

5.

the designation of the provisions of the provisions referred to in paragraph 1 of this Article, which shall be dismissed;

6.

Date and place of loading of the lot and

7.

proof of the legal requirements of the recipient country which require the derogation from the requirements of Part VI of Annex VII to Regulation (EU) No 1308/2013 and of Regulation (EC) No 589/2008.

(3) The Federal Institute shall forward a copy of the notification to the competent authorities of the Länder without delay. Unofficial table of contents

§ 6a (omitted)

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§ 7 Administrative Offences

(1) A breach of Commission Regulation (EC) No 589/2008 of 23 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for eggs (OJ L 378, 27.11.2008, p. 6), as last amended by Regulation (EU) No 557/2010 (OJ L 163, 29.6.2010, p. 13), by deliberately or negligently:

1.

Contrary to the first sentence of Article 7 (2), information shall not be recorded on the accompanying documents,

2.

does not make an indication, not correct or complete, contrary to Article 16,

3.

, in accordance with the provisions of Article 19, pack 1 of packaged eggs of category A,

4.

contrary to the provisions of Article 20 (1) or (2), in conjunction with paragraph 3, or Article 22 (2), does not lead to a correct or not complete book,

5.

, contrary to Article 21 (1) or Article 22 (1), first sentence, a record is not made, not correct, wholly or not in good time,

6.

, contrary to Article 22 (1), second sentence, the stock accounts are not updated, not in full or in a timely manner,

7.

does not keep records or documents in breach of Article 23, or

8.

, contrary to Article 24 (5), second sentence, a record is not made available or is not available in time

(2) The administrative offence can be punished with a fine of up to ten thousand euros in accordance with Section 1, Section 3, Sentence 1, No. 2 of the Commercial Class Act. (3) In the sense of Section 7 (1) (3) of the Act on the Law of Commerce, furthermore, who is in breach of order,

1.

Contrary to § 1b Eggs for sale in stock, offers, offers, supplies, supplies, sells or otherwise places eggs on the market,

2.

Contrary to § 2 in invoices, delivery notes or other transport accompanying documents does not indicate the respective quality and weight class,

3.

, contrary to § 3 for eggs without indication of the relevant quality and weight class,

3a.

(dropped)

4.

Contrary to § 4 price quotations or price fixing for eggs, the prescribed quality and weight class is not based on the

5.

Contrary to § 6 (2) sentence 1, it does not make an advertisement, not complete or not in good time.

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§ 8 Administrative authority within the meaning of Section 36 of the Law on Administrative Offences

In the event of a breach of order pursuant to Section 7 (1) (4) of the Commercial Class Act and in accordance with Section 7 (3) (1) in conjunction with Section 1b (2) (3) or Section 7 (3) (5) of this Regulation, the Federal Office shall be the administrative authority in the sense of the Law on Administrative Offences, insofar as it is responsible for supervision in accordance with Section 6 (1) of this Act. Unofficial table of contents

§ 9

(dropped) Unofficial table of contents

§ 10

(Entry into force)