Law On Ensuring The Supply Of Products Of Food And Agriculture, Forestry And Timber Industry

Original Language Title: Gesetz über die Sicherstellung der Versorgung mit Erzeugnissen der Ernährungs- und Landwirtschaft sowie der Forst- und Holzwirtschaft

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Law on ensuring the supply of food and agriculture products, and the forestry and timber industry (ESG)

Non-official Table of Contents

ESG

Date of expiry: 24.08.1965

Full quote:

" Food security law in the version of the notice of 27. August 1990 (BGBl. 1802), as last amended by Article 182 of the Regulation of 31 December 2002. October 2006 (BGBl. I p. 2407) "

:Recaught by Bek. v. 27.8.1990 I 1802,
last modified by Art. 182 V v. 31.10.2006 I 2407

See Notes

Footnote

(+ + + Text Proof: 1.1.1977 + + +)

for details.

Heading: letter abbreviation inserted. by Art. 1 No. 1 G v. 20.8.1990 I 1770 mWv 26.8.1990 Non-official table of contents

§ 1 Safeguarding for defence purposes

(1) For the purposes of defence, , in particular in order to meet the needs of the civilian population and the armed forces in the supply of food and agricultural products and of forestry and timber products (products), may be provided by means of a regulation Regulations are adopted on
1.
the cultivation of crops and the posture of Animals;
2.
the extraction, manufacture, collection, delivery, delivery, reference, allocation, use, relocation, temporal and spatial management, processing, processing, packaging and labelling of the products;
3.
the use of agricultural machinery and equipment; equipment, fuels, fuels, fertilisers, plant protection products and other means of production for agricultural and forestry production;
4.
the allocation of goods of the industrial economy 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 freezing of services in the field the commercial and monetary and capital movements authorities;
5.
the use of means of production in establishments of the Food industry;
6.
The disposition of the producers for delivery;
7.
the Self-sufficiing;
8.
the nature of the products;
9.
the prohibition of the commercial supply of the products for a maximum of 48 hours;
10.
fixing prices, cost estimates, trade margins, machining and processing margins, and Conditions of payment and delivery of products;
11.
the temporary maintenance, conversion and opening of holdings of the Food industry.
(2) Paragraph 1 does not apply to
1.
for the processing, the processing, the Allotment, 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 the competent authorities of the authorities have been released;
2.
for the processing and commercial use of forestry and timber products, as well as the allocation and the reference of such products for the purpose of processing or commercial use.
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§ 2 Conditions and limits of the Assurance

(1) Legal orders in accordance with § 1 may only be issued,
1.
is a hazard to repair or prevent supply,
2.
if their purpose is not achieved by market-oriented measures, not in time or only with disproportionate means .
(2) The legal regulations must be limited to the necessary degree. They must be designed in such a way as to ensure that the economic activities of the parties involved are not taken into account as little as possible and that the performance of the whole economy is not affected as much as possible.(3) Legal orders pursuant to Section 1 (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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§ 4 Definitions of products

(1) Food and Agriculture products within the meaning of this Act are
1.
which is used by soil management and land use, especially in agriculture, grassland, vegetable, fruit, garden and viticulture, as well as animal husbandry, beekeeping, hunting or Fishery-derived plant and animal products, including animals and 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 seeds and plants, including the seeds and plants of the vegetable, fruit, garden and vegetable products, and winegrowing and
3.
wild food and feed.
(2) Products of forestry and timber industry in the sense of this law are
1.
Raw and forest by-products, especially Gerbrinde and resin,
2.
Products of the first production process from raw wood.
(3) Forestry products are considered to be forestry seeds and plants. Non-official table of contents

§ 5 authorization for accounting, reporting and reporting obligations

By means of legal regulations, it is possible to use the following legal regulations for the purposes of the products and goods which may be adopted pursuant to Article 1 of this Regulation and the performance of establishments
1.
accounting and reporting obligations for food and wood businesses,
2.
recording and reporting Reporting requirements for agricultural and forestry holdings,
3.
Obligations to provide information on food and agricultural holdings, forestry and timber industry Preparation of legal regulations according to § 1 (1) (1) (1)
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§ 6 stock of storage

(1) In order to eliminate or prevent any risk to the supply of products, it may be possible to Regulations on the storage and stockpiling of products referred to in § 4 shall be adopted for holdings in the food and agriculture sector and in the forestry and timber industry, in so far as this is the case for the purposes referred to in § 1 is required. § 2 (2) shall apply.(2) Paragraph 1 shall apply in accordance with the storage and stockpiling of the Saxon operating resources within the meaning of Article 1 (1) (3) by agricultural and forestry holdings.Paragraph 1 shall apply in accordance with the storage and stockpiling of the operating resources exclusively used for agricultural and forestry production, by associations of producers ' undertakings and associations of undertakings Producers ' associations and other commercial establishments serving the agricultural and forestry sector with these means of operation.(4) In legal regulations referred to in paragraphs 1 to 3, provision may be made for credit, guarantees or other warranties to be paid to the persons concerned for the costs of the storage up to a level to be determined in the annual budget law and in the case of the costs of the storage of the goods. In the light of the above, the funds available will be granted subsidies on the costs of storage and rolling and on interest-rate subsidies, as far as this is necessary in order to avoid an unreasonable burden on those affected.(5) The Federal Government may, in place of the financial assistance referred to in paragraph 4, by means of legal regulations, authorise the Government of the European Union for the purpose of the financial assistance referred to in paragraph 4 by means of legal regulations in respect of assets held by oratory assets to be adopted under the provisions of paragraphs 1 to 3. instead of with the provisions of § 6 (1) point 1. 2 of the Income Tax Act may be applied by the taxable person with a value that is up to 30 per cent below the cost of the acquisition or production or the lower exchange or market price (re-purchase 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 the public law or a public service, 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, in the case of the establishment of the unit value of the commercial establishment, be the same as that applicable to the taxing of assets, reduced by the value referred to in paragraph 5. the assessment of the assessment carried out. Non-official table of contents

§ 7 Legal Regulations

(1) Legal Regulations 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 regulations pursuant to § § 1, 5 and 6 shall be issued by the Federal Ministry under the condition of section 2 (3). This power can be conferred by law without the consent of the Federal Council
1.
on the Bundesanstalt for agriculture and food,
2.
on the national governments, including the empowerment for the transfer of power,
. The power to issue legal orders pursuant to § 1 (1) no. 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 only be conferred on the state governments in agreement with the Federal Ministry of Economics and Technology.(3) Legal regulations of the Federal Ministry or of the Federal Institute for Agriculture and Food pursuant to § 1 (1) No. 1, 2, 8 and 11 require the agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, insofar as the protection the population is affected by 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. Non-official table of contents

§ 8 Independability of the legal regulations

(1) Legal regulations of the Federal Government or of the Federal Ministry in accordance with § 1, the Federal Council shall not be subject to the consent of the Federal Council if its validity is limited to a period of not more than six months. An extension of the validity period is only possible with the consent of the Federal Council.(2) After the admission of the condition of § 2 paragraph 3, legal regulations in accordance with § § 1, 5 and 6 do not require the consent of the Federal Council or Bundestag. Non-official table of contents

§ 9 Period of validity of the legal regulations

(1) Temporary legal regulations according to § § 1, 5 and 6, which are valid at the time of the entry of the § 2 para. 3 in force requires an unlimited period of time.(2) Legal regulations pursuant to this Act shall be repealed, in so far as their continued validity is no longer necessary for the purposes referred to in § 1. Legal regulations of the Federal Government or of the Federal Ministry must also be repealed if the Bundestag and Bundesrat demand this.(3) Legal regulations of the Federal Agency for Agriculture and Food, the State Governments or the bodies authorized by these authorities, which are issued pursuant to a regulation pursuant to Article 7 (2) sentence 2, shall enter into force at the latest with this Legal regulation repeals. Non-official table of contents

§ 10 Execution of the law

(1) Legal regulations according to § 1 and legal regulations according to § § 5 and 6 for the provisions of § 1 shall be carried out by the Länder, including the municipalities and congregations, on behalf of the Federal Government. The legal regulations may provide for them to be executed in the federal administration, insofar as this is necessary for the purposes specified in § 1.(2) The State Governments may determine that the provisions of this Act or of this Law shall be
a)
General administration authorities at the county level assigned tasks in whole or in part by county councils,
b)
Circular Municipalities assigned to tasks assigned to municipal associations or community associations
.(3) Paragraph 1, first sentence, also applies to sections 14, 15, 16, 17 and 18 of this Act, to the extent that measures for the purposes referred to in § 1 are to be taken by the authorities of the Länder, municipalities or associations of municipalities on the basis of these provisions.(4) As 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 municipal associations, on behalf of the Federal Government, the Federal Ministry shall exercise the following provisions: Powers 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 main administrative officer of the congregation or of the municipal association shall be replaced by the institution.(6) In legal regulations according to § 1 and in legal regulations according to § § 5 and 6 for the purposes specified in § 1, the responsibility for the implementation of these regulations may be regulated and determined in so doing that for the tasks for the execution of these regulations Regulations are to be set up in particular. unofficial table of contents

§ 11

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§ 12 Tasks of the Federal Institute for Agriculture and Food

Bundesanstalt für Landwirtschaft und Ernährung) The Federal Institute for Agriculture and Food is responsible for the following tasks:
1.
the implementation of the law transferred to it under this law. Tasks;
2.
Participation in the uniform planning in the field of nutrition security;
3.
the central identification of the stocks, the production and consumption of food and agriculture products and the 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 lineup of central supply and inventory plans.
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§ 13

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§ 14 Participation of associations

(1) In legal regulations according to the § § 1, 5 and 6 may be determined that
1.
Associations and groupings or institutions and Bodies of public law, which carry out tasks of food and agriculture or forestry and timber industry, assist in the implementation of the legal regulations in an advisory capacity, insofar as the interests of food and agriculture or the forestry and timber industry are concerned,
2.
the implementation of the regulation in whole or in part on institutions and bodies of public law, which The tasks of food and agriculture or forestry and timber industry are to be carried out. The institutions and bodies of public law shall be subject to the instructions of the authority designated by the Regulation.
(2) The competent authority may, in carrying out individual tasks, which it shall perform in respect of the tasks in the § § 1, 5 and 6 shall be subject to the consent of the entities referred to in paragraph 1 of this Act, pursuant to this Act or pursuant to this Act. 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. Non-official table of contents

§ 15 Preparation of the full train

The federal government, the federal states, the municipalities and community associations have the organizational structure, -to establish the human and material conditions necessary for the implementation of the measures necessary for the purposes referred to in Article 1 (1). Non-official table of contents

§ 16 Information

(1) On the implementation of the legal regulations pursuant to this Act and in order to prepare for the implementation of the law such legal regulations shall have all natural and legal persons and non-legal persons associations, as far as they are engaged in the food, agricultural, forestry and timber industries, the competent authorities responsible for ensuring the supply of such products. , on request, authorities and other public authorities shall supply information, in particular on the data on stock and production data on food and agricultural as well as forestry and forestry holdings, to the extent to which they are referred to in § 1 shall be required.The persons responsible for obtaining information from the competent authorities shall, within the framework of paragraph 1, have the power to enter land and premises of the person responsible for providing information, to carry out inspections and surveys, to take samples and inspect the business documents of the party responsible for providing information. The party responsible for providing information shall accept the measures set out in the first sentence, to support the persons responsible for obtaining information and to submit the business documents.(3) The person responsible for providing information may refuse to provide information on such matters, the answer to which he or she himself or one of the members of the risk judicial system referred to in section 383 (1) to (3) of the Code of Civil Procedure of the Civil Procedure It would suspend prosecution or proceedings in accordance with the Code of Administrative Offences.(4) Upon the entry of the condition of § 2 (3), the authorities and other public authorities responsible for ensuring the supply shall be the first and surnames, addresses and main flat of the registration authorities at the request of the reporting authorities. consumers and, in addition, 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 authorities and other public authorities, also provide the following information on personal and factual information, on the basis of the conditions laid down in the first subparagraph. ratios:
1.
Names and addresses of food, land, forest, and
2.
Information on the type and production orientation of holdings,
3.
holdings and production data, in particular information on stocks of products, on the capacity, technical equipment and transport links of the warehouses, as well as on the Processing capacities.
Prior to the condition of § 2 (3), the competent authorities and other public authorities responsible for ensuring the supply shall be subject to the approval of the respective supervisory authority responsible for them. the information referred to in sentences 1 and 2 on request, if this is necessary for the purpose referred to in § 1, in particular also for preventive measures pursuant to § 15. The rates 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. Non-official table of contents

§ 17 Compensation

(1) Presents a legal decree issued under this Act or a measure on the basis of a legal order issued by the such a legal regulation is an expropriation, compensation in money shall be made. 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 there is no need to determine a normal remuneration, the compensation must be calculated with a fair balance between the interests of the general public and the parties concerned.(2) For the benefit of the compensation, the person who is encouraged by the legal regulation or measure within the meaning of the first sentence of paragraph 1 shall be obliged to pay compensation. 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 go to the institution of the task. over. The transition cannot be claimed to the detriment of the person entitled to compensation.(3) § § 34, 49 to 63 and 65 of the Federal Performance Act shall be applied accordingly to the determination of compensation and the limitation of the limitation period of a claim in accordance with paragraph 1. In doing so, the authorities responsible for the measures referred to in paragraph 1 shall be replaced by the requirement authorities. Non-official table of contents

§ 18 Compensation for hardship

(1) Is issued by a decree issued under this Act or by a measure on the basis of a such a regulation inflicts on the person concerned a financial disadvantage which is not to be deducted in accordance with Article 17, such compensation shall be granted in cash, in so far as its economic existence is endangered or destroyed by unavoidable damage or compensation for wastage or compensation for similar unreasonable hardship.(2) In order to perform the compensation, the institution shall be obliged to carry out the task.(3) § 17 (3) shall apply accordingly. Non-official table of contents

§ 19 deliveries

For deliveries by the administrative authorities, the rules of the Administration delivery law, with the following condition:
1.
In urgent cases, as far as a Delivery in accordance with § § 3 to 5 of the Administrative Delivery Act is not possible, the delivery also by written or telewritten, oral or teloral communication or-even if the conditions for a public Delivery in accordance with § 10 of the Administrative Delivery Act shall not be available-by public announcement in the press, in the radio or in any other customary and appropriate manner. In such cases, the service shall be deemed to have been effected with the days following the announcement.
2.
Delivery to the guides of sea-going vessels, inland waterway vessels and aircraft can also be made by radio message. A copy of the order is to be sent to the owner or owner at the same time.
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§ 20 Limitation of Rights

(1) Contradiction and action against administrative acts in accordance with this Act or of a decree-law based on this Act shall have no suspensive effect if the administrative act after the entry of the Subject to § 2 (3), the following conditions are required.(2) The appeal against a judgment and the appeal against another decision of the Court of First Instance shall be ruled out in an administrative court proceedings relating to measures under this law or a decree based on this law, if the condition of section 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

§ 21

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§ 22 infringement of collateral measures

Anyone who intentionally or negligently opposes a provision of a legal regulation adopted pursuant to § § 1, 5 and 6 or against a provision of such a regulation In the sense of the 1954 Economic Criminal Law, an infringement in accordance with the provisions of the Economic Criminal Law Act 1954, insofar as the legal regulation refers to this provision for a certain amount of facts, is in breach of the law. Non-official contents of the table

§ 23 Violation of the obligation to provide information

(1) Contrary to the law, who intentionally or negligently
1.
contrary to § 16 paragraph 1, an information is not provided, not correct, not complete or not timely or
2.
contrary to § 16 para. 2 sentence 2 Measures not tolerated, did not support persons, or did not submit business documents.
(2) The It can be punished with a fine of up to ten thousand euros. unofficial table of contents

§ 24

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§ 25 competent administrative authority

Administrative authority within the meaning of Section 36 (1) No. 1 of the Code of Administrative Offences is
1.
in contravention of dispositions in accordance with § 16 (1) and (2),
a)
insofar as they have been issued by a federal authority, the Federal Ministry,
b)
if they are issued by a the competent supreme state authority or the body designated by the national government;
2.
in the event of an infringement of a in accordance with § § 1, 5 or 6 of the law or against a decree issued pursuant to such a decree,
a)
insofar as federal authorities are responsible for implementation, the Federal Ministry or the authority designated in the legal regulation,
b)
as far as provincial authorities are responsible for implementation, the competent supreme state authority or the authority designated in the legal regulation.
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§ 26 (Change of Economic Criminal Law)

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§ 27 Restriction of fundamental rights

The fundamental right of inviolability of the home (Article 13 of the Basic Law) shall be subject to the conditions laid down in this law restricted. Non-official table of contents

§ 28 (Entry into force)

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