Law on ensuring the supply of food and agriculture products and forestry and timber products (Nutrition Security Legislation-ESG)

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ESG

Date of completion: 24.08.1965

Full quote:

" Food Security Act as amended by the Notice of 27 August 1990 (BGBl. 1802), as last amended by Article 182 of the Regulation of 31 December 2002. October 2006 (BGBl. 2407). "

Status:	New by Bek. v. 27.8.1990 I 1802,
	Last amended by Art. 182 V v. 31.10.2006 I 2407

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1977 + + +) 

  

Heading: letter abbreviation inserted. by Article 1 (1) G v. 20.8.1990 I 1770 mWv 26.8.1990 Unofficial table of contents

§ 1 Safeguarding for defence purposes

(1) For the purposes of defence, in particular to cover the needs of the civilian population and the armed forces, with products from food and agriculture, forestry and timber products (products) , may be adopted by means of a regulation on:

1.

the cultivation of crops and the keeping of animals;

2.

the collection, manufacture, collection, delivery, supply, dispatch, allocation, use, relocation, timing and spatial management, processing, processing, packaging and marking of the products;

3.

the use of agricultural machinery and equipment, fuels, fuels, fertilisers, plant protection products and other means of production for agricultural and forestry production;

4.

the allocation of industrial goods which are used exclusively as inputs for agricultural and forestry production within the meaning of point 3, or for this purpose, by the provisions of the law on the provision of services the competent authorities in the business economy and in the movement of money and capital have been released;

5.

the use of means of production in establishments in the food industry;

6.

the assessment of producers for delivery;

7.

self-sufficien;

8.

the nature of the products;

9.

the ban on the commercial supply of the products for a maximum of 48 hours;

10.

the fixing of prices, cost estimates, trade margins, processing and processing margins, and payment and delivery conditions for products;

11.

the temporary maintenance, conversion and opening of businesses in the food industry.

(2) Paragraph 1 shall not apply:

1.

for the processing, processing, dispatch, supply, reference and use of products of food and agriculture exclusively intended for the manufacture of products of the commercial economy, or for this purpose by: have been released to the authorities responsible under this law;

2.

for the processing and commercial use of products of the forestry and timber industry, as well as the allocation and reference of such products for the purpose of processing or industrial use.

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§ 2 Conditions and limits of assurance

(1) Legal orders in accordance with § 1 may only be issued,

1.

in order to eliminate or prevent a risk to the supply,

2.

if their purpose is not to be achieved by market-oriented measures, not in time or only by means of disproportionate means.

(2) The legal regulations shall be limited to the essential measure. In terms of content, they must be designed in such a way that the economic activity of the parties involved as little as possible is possible and that the performance of the entire economy is affected as little as possible. (3) Legal orders in accordance with § 1 para. 1 may only be applied in accordance with the provisions of Article 80a of the Basic Law. Unofficial table of contents

§ 3

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Section 4 Definitions of products

(1) Products of food and agriculture within the meaning of this Act are:

1.

Plant and animal products derived from soil management and land use, in particular in arable crops, grassland, vegetables, fruit, gardening and viticulture, as well as animal husbandry, beekeeping, hunting or fishing including the animals and the food, beverage and feedingstuffs produced by working and processing, with the exception of raw tobacco and tobacco products, coffee, coffee substitutes and coffee essences, containing coffee or caffeine;

2.

Agricultural seed and planting material, including the seeds and planting of vegetables, fruit, garden and viticulture, and

3.

wild-growing food and feed.

(2) Products of forestry and timber industry within the meaning of this Act are:

1.

Raw wood and forestry by-products, in particular gerbrinde and resin,

2.

Products of the first production process from raw wood.

(3) forestry products shall be considered to be products of forestry. Unofficial table of contents

§ 5 authorization for accounting, reporting and reporting obligations

By means of legal regulations, the purposes referred to in § 1 may be used in respect of the products and goods which may be adopted pursuant to Article 1 of this Regulation, as well as with regard to the efficiency of establishments.

1.

Accounting and reporting obligations for establishments in the food and timber industry,

2.

Recording and reporting requirements for agricultural and forestry holdings,

3.

Information requirements for food and agriculture companies as well as forestry and timber industry for the preparation of legal regulations pursuant to § 1 para. 1

shall be justified. Unofficial table of contents

§ 6 Prefratchkeeping

(1) In order to remedy or prevent the supply of products, provisions relating to storage and the storage of products may be provided by means of legislation on food and agricultural holdings, forestry and timber industry. The products referred to in § 4 shall be kept in stock, as far as this is necessary for the purposes referred to in § 1. § 2 (2) is to be applied. (2) Paragraph 1 shall apply in accordance with the storage and stockpiling of the Saxon operating resources within the meaning of § 1 (1) (3) by agricultural and forestry holdings. (3) Paragraph 1 shall apply mutas to the storage and storage of the material. Stockholding of products which are exclusively used for agricultural and forestry production, by associations of producer groups and associations of producer groups and other commercial establishments which the supply of agricultural and forestry products to agriculture and forestry (4) In legal orders referred to in paragraphs 1 to 3, provision may be made for the persons concerned to be eligible for loans, guarantees or other warranties up to a level to be determined in the annual budget law for the costs of the storage of the goods. as well as in the context of available resources, grants shall be awarded to the costs of storage and rolling and interest-rate subsidies, to the extent that this is necessary in order to avoid undue burden on the persons concerned. (5) For the economic goods of the Circulatory assets to be issued on the basis of the provisions of paragraphs 1 to 3 In lieu of the financial assistance provided for in paragraph 4, the Federal Government may, by means of legal regulations, allow the Federal Government to grant that it, instead of the value resulting from the provisions of Section 6 (1), point 2 of the Income Tax Act, of the Taxable persons with a value which is up to 30 per cent less than the cost of purchase or production or the lower exchange rate or market price (replacement price) of the balance sheet date. A prerequisite for the abatement is that the economic goods are within the scope of the Basic Law and for their storage not according to other provisions or due to contractual agreements a corporation of public law or a public service has granted grants or has taken over the price risk. (6) Economic goods in respect of which an assessment has been carried out in accordance with paragraph 5 shall be used in the determination of the unit value of the commercial establishment the value for which the asset is taxed, reduced by the value of the asset (5), to be applied. Unofficial table of contents

§ 7 Legal Regulations

(1) Legal orders pursuant to § § 1, 5 and 6 shall be issued by the Federal Government. The Federal Government may delegate this power through legal regulations to the Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry) without the consent of the Federal Council. (2) Legal ordinances pursuant to § § 1, 5 and 6 the Federal Ministry shall, under the conditions laid down in section 2 (3), issue This power can be conferred by law without the consent of the Federal Council

1.

to the Federal Institute for Agriculture and Food,

2.

on national governments, including empowerment for the retransmission of power,

transfer. The power to issue legal orders pursuant to § 1 (1) (1), (2), (8) and (11) may only be delegated to the State governments in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. The power to grant legal orders pursuant to § 1 (1) (10) may be delegated to the State Governments only in agreement with the Federal Ministry of Economics and Technology. (3) Legal orders of the Federal Ministry or of the Federal Ministry of Economics and Technology (Bundesministry) The Federal Agency for Agriculture and Food (Bundesanstalt für Landwirtschaft und Ernährung) according to § 1 (1) Nos. 1, 2, 8 and 11 requires the agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in so far as the protection of the population against environmental impacts or ionizing radiation. Legal regulations of the Federal Ministry or of the Federal Institute for Agriculture and Food pursuant to § 1 paragraph 1 No. 10 require the agreement with the Federal Ministry for Economic Affairs and Technology. Unofficial table of contents

§ 8 The need for consent of the legal regulations

(1) Legal orders of the Federal Government or of the Federal Ministry pursuant to § 1 do not require the consent of the Federal Council if their validity is limited to six months at the latest. An extension of the period of validity is only possible with the consent of the Federal Council. (2) After the admission of the condition of § 2 para. 3, legal regulations in accordance with § § 1, 5 and 6 do not require the approval of the Bundesrat or Bundestag. Unofficial table of contents

§ 9 Period of validity of the legal regulations

(1) Temporary legal regulations according to § § 1, 5 and 6, which are in force upon the admission of the condition of § 2 para. 3, apply indefinitely. (2) Legal ordinances on the basis of this law shall be repealed, insofar as their continued validity for the provisions of § 1 shall no longer be required. Legal regulations of the Federal Government or of the Federal Ministry must also be repealed if the Bundestag and Bundesrat demand it. (3) Legal regulations of the Federal Institute for Agriculture and Food, the State Governments or the Federal Office of the Federal Republic of Germany Authorized bodies to be issued pursuant to a regulation pursuant to Section 7 (2), second sentence, shall not enter into force at the latest by this Regulation. Unofficial table of contents

§ 10 Execution of the Law

(1) Legal regulations according to § 1 and legal regulations according to § § 5 and 6 for the purposes referred to in § 1 are executed by the countries, including the municipalities and municipal associations on behalf of the federal government. The legal regulations may provide that they are executed in the federal administration, insofar as this is necessary for the purposes specified in § 1. (2) The State Governments may determine that the under this Act or due to this Act Law

a)

Authorities of general administration at the county level assigned tasks in whole or in part by county municipalities,

b)

Assigned tasks of municipal associations or municipal associations assigned to district members

(3) Paragraph 1, first sentence, also applies to sections 14, 15, 16, 17 and 18 of this Act, insofar as, pursuant to these provisions, measures for the purposes referred to in § 1 are taken by the authorities of the Länder, municipalities or associations of municipalities. (4) In so far as this law or the legal regulations pursuant to paragraphs 1 to 3 of this Act are executed by the Länder, including the municipalities and associations of municipalities, on behalf of the Federal Government, the Federal Ministry of the Federal Government pursuant to Article 85 of the Basic Law. Pursuant to Article 85 (3) of the Basic Law, the Federal Ministry may delegate these powers and the power of authority to the federal authorities. General administrative provisions pursuant to Article 85 (2), first sentence, of the Basic Law do not require the consent of the Federal Council if the condition of section 2 (3) is provided or the administrative regulations apply to the execution of legal regulations , which have been adopted without the consent of the Federal Council. (5) In countries where a collegial body is responsible for order matters in the municipalities and congregations, the principal administrative officer of the institution shall be replaced by the Municipality or municipal association. (6) In legal regulations according to § 1 and in Legal orders in accordance with § § 5 and 6 for the purposes mentioned in § 1 may be governed by the responsibility for the implementation of these regulations and in so doing determine that special bodies shall be established for the purposes of carrying out these regulations. . Unofficial table of contents

§ 11

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§ 12 Tasks of the Federal Institute for Agriculture and Food

The Federal Institute for Agriculture and Food is responsible for the following tasks:

1.

the carrying out of the tasks assigned to it by means of this Law;

2.

participation in the uniform planning in the field of food security;

3.

the central identification of stocks, the production and consumption of food and agricultural products, forestry and timber industry, and the determination of the production capacity of producers, processors and processors of such products, with the exception of the determination of the production capacity of processors of the products referred to in Article 4 (2);

4.

the establishment of central supply and supply plans.

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§ 13

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Section 14 Participation of associations

(1) In legal regulations according to § § 1, 5 and 6, it can be determined that:

1.

Associations and associations or institutions and bodies of public law which carry out tasks of food and agriculture or forestry and timber industry shall assist in the implementation of the legal regulations, to the extent that: The interests of food and agriculture or forestry and timber industry are affected,

2.

the implementation of the regulation will be transferred in whole or in part to institutions and bodies of public law which carry out tasks of food and agriculture or forestry and timber industry. The institutions and bodies of public law shall be subject to the instructions of the authority designated in the regulation.

(2) The competent authority may, in carrying out individual tasks which it has to fulfil for the purposes specified in sections 1, 5 and 6 of this Act, pursuant to this Act or pursuant to this Act, the legal regulations referred to in paragraph 1 of this Article shall serve with the consent of those bodies. In this respect, these bodies shall be subject to the instructions of the competent authority, the associations and associations thereof to the extent that they are also subject to supervision. Unofficial table of contents

Section 15 Preparation of the full train

The Federal Government, the Länder, the municipalities and the municipal associations shall establish the organisational, human and material conditions necessary for the implementation of the measures necessary for the purposes referred to in Article 1 (1). Unofficial table of contents

Section 16 Information

(1) In order to implement the legal regulations under this Act and in order to prepare the implementation of such legal regulations, all natural and legal persons and non-legal persons associations shall, insofar as they are in the Food, agriculture, forestry and timber industry, the competent authorities and other public authorities responsible for ensuring supply, on request, information, in particular on stock and production data, on nutrition and production data, and agricultural, forestry and wood-based farms, as far as this is necessary for the purposes referred to in § 1. (2) The persons responsible for obtaining information from the competent authorities shall be entitled, within the framework of paragraph 1, to the premises and offices of the person responsible for providing information. enter, carry out inspections and surveys, take samples and inspect the business documents of the party responsible for providing information. The person responsible for providing information shall be entitled to the measures set out in the first sentence, to support the persons responsible for obtaining information and to submit the business documents. (3) The information provided for the purposes of issuing an information can be provided by the information provided by the person responsible for the information. refuse to reply to such questions or to any of the persons referred to in Article 383 (1) (1) to (3) of the Code of Civil Procedure of the risk of criminal prosecution or of proceedings under the Law on Administrative Offences (4) After the admission of the condition of § 2 para. 3, the following are the To ensure supply to competent authorities and other public authorities, on request by the reporting authorities, the names, surnames, addresses and main home of the consumer, as well as the day of their birth, provided that they are 14. They have not yet completed their life year. The authorities and other public authorities referred to in the first sentence shall, on request from other public authorities and other public authorities, provide the following information on personal and factual information, on request, on the basis of the conditions laid down in the first subparagraph Conditions to be transmitted:

1.

Names and addresses of the food, agricultural, forestry and timber industries, their owners and their heads of responsibility,

2.

information on the nature and direction of production of the holdings,

3.

Holdings and production data of holdings, in particular information on stocks of products, capacity, technical equipment and transport links of the warehouses, as well as capacity for processing and processing.

Prior to the entry of the condition set out in Article 2 (3), the competent authorities and other public authorities responsible for ensuring the supply shall be those referred to in sentences 1 and 2 after obtaining the consent of the supervisory authority responsible for them in each case. Information should be provided on request if this is necessary for the purpose specified in § 1, in particular also for preventive measures pursuant to § 15. The sentences 1 to 3 shall not apply to any individual information which has been collected for statistical purposes only. (5) The knowledge and documents obtained pursuant to paragraphs 1, 2 and 4 shall not be used for purposes other than those referred to in § 1. . Unofficial table of contents

§ 17 Compensation

(1) If a legal regulation adopted pursuant to this Act or a measure pursuant to such a decree is an expropriation, compensation shall be made in cash. The compensation shall be determined on the basis of the usual rate of charge for comparable performance in economic transport. If there is a lack of comparable performance, or if a usual fee is not to be determined, the compensation must be calculated with a fair balance between the interests of the general public and the parties concerned. (2) The person responsible for the compensation shall be the person who is responsible for the compensation. , which is encouraged by the legal regulation or measure referred to in the first sentence of paragraph 1. If no beneficiary is present, the compensation shall be paid by the institution of the task. If the compensation cannot be obtained from the person who is favoured, the institution of the task shall be liable; in so far as the institution of the task satisfies the person entitled to compensation, its claim against the beneficiary shall be taken against the institution of the Task over. The transition cannot be claimed to the detriment of the person entitled to compensation. (3) The determination of compensation and the limitation of the limitation period of a claim under paragraph 1 are § § 34, 49 to 63 and 65 of the Federal Power Act shall apply accordingly. In doing so, the authorities responsible for the measures referred to in paragraph 1 shall be replaced by the requirement authorities. Unofficial table of contents

§ 18 Hardship

(1) Where an asset disadvantage is inflicted on the person concerned by a decree or measure adopted pursuant to this Act, which is not to be deducted in accordance with Section 17, compensation shall be paid in cash. , in so far as its economic existence is threatened or destroyed by unavoidable damage, or where compensation is offered for the purpose of wasting or compensating for similar unreasonable hardship. (2) The compensation shall be provided to the institution of the (3) § 17 (3) is to be applied accordingly. Unofficial table of contents

Section 19 deliveries

The provisions of the Administrative Appointing Act shall apply to deliveries by the managing authorities, with the following conditions:

1.

In urgent cases, if service is not possible in accordance with § § 3 to 5 of the Administrative Delivery Law, delivery may also be provided by written or telewritten, oral or oral communication, or-even if the delivery is not possible. Conditions for a public service in accordance with § 10 of the Administrative Delivery Act are not available-by public announcement in the press, in broadcasting or in any other customary and appropriate manner. In such cases, the service shall be deemed to have been effected by the date following the announcement.

2.

Deliveries to the guides of seagoing vessels, inland waterway vessels and aircraft may also be made by radio lotion. A copy of the order is to be submitted at the same time to the owner or owner.

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§ 20 Restriction of remedies

(1) Opposition and action against administrative acts in accordance with this Act or of a decree based on this law do not have suspensive effect if the administrative act is adopted after the condition of section 2 (3) has been met. (2) The appeal against a judgment and the appeal against another decision of the Court of First Instance in an administrative court proceedings relating to measures under this law or a regulation based on this law shall be the appeal against a judgment and the appeal. , if the condition of § 2 (3) is provided. This shall not apply if the judgment or the other decision of the Administrative Court has been proclaimed or served before the admission of the condition of § 2 para. 3. Unofficial table of contents

Section 21

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Section 22 infringement of seizage measures

Anyone who intentionally or negligently violates a provision of a legal regulation adopted pursuant to § § 1, 5 and 6 or against a enforceable provision made pursuant to such a decree-law shall be subject to an infringement in the sense of of the Economic Criminal Law of 1954, to the extent that the regulation refers to this provision for a certain amount of the facts. Unofficial table of contents

Section 23 Violation of the obligation to provide information

(1) Contrary to the law, those who intentionally or negligently act

1.

, contrary to Section 16 (1), information is not provided, not correct, not complete or not in good time, or

2.

Contrary to Section 16 (2) sentence 2, measures shall not be tolerated, shall not be supported by persons responsible for the operation or do not submit business documents.

(2) The administrative offence can be punished with a fine of up to ten thousand euros. Unofficial table of contents

§ 24

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Section 25 competent administrative authority

Administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is

1.

in the event of contravention of the provisions of Article 16 (1) and (2),

a)

provided that they have been issued by a federal authority, the Federal Ministry,

b)

in so far as they have been issued by a national authority, the competent national authority or the body designated by the national government;

2.

in the event of infringement of a decree issued in accordance with § § 1, 5 or 6 of this Act or of a decree issued pursuant to such a decree,

a)

insofar as federal authorities are responsible for the implementation, the Federal Ministry or the authority designated in the legal regulation,

b)

where the competent authorities are competent, the competent supreme state authority or the authority designated by the legal regulation.

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§ 26 (Amendment of the Economic Criminal Law)

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Section 27 Restriction of fundamental rights

The fundamental right of the inviolability of the apartment (Article 13 of the Basic Law) is restricted in accordance with this law. Unofficial table of contents

Section 28 (Entry into force)

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