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

Read the untranslated law here: http://www.gesetze-im-internet.de/esg/BJNR009380965.html

Law on ensuring the supply of products of food and agriculture, forestry and timber industry (nutrition ensure law - ESG) ESG Ausfertigung date: 24.08.1965 full quotation: "nutrition ensure law as amended by the notice of August 27, 1990 (BGBl. I S. 1802), most recently by article 182 of the Decree of 31 October 2006 (BGBl. I S. 2407) is changed" stand: Neugefasst by BEK. v. 27.8.1990 I in 1802, last amended by article 182 V v. 31.10.2006 I 2407 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.1.1977 +++) heading: eingef the letter abbreviation. by article 1 No. 1 G v. 20.8.1990 I 1770 mWv 26.8.1990 § 1 assurance for defence purposes (1) to that for purposes of defence, in particular to meet the needs of the civilian population and the armed forces to ensure the required supply of products of food and agriculture, forestry and timber industry (products), can by regulation rules are about 1 the cultivation of crops and the husbandry of animals;
2. the extraction, production, collection, delivery, delivery, the reference, allocation, use, shifting, the temporal and spatial steering, editing, processing, packaging and the labelling of products;
3. the use of agricultural machinery and equipment, fuels, fuels, fertilizers, plant protection products, as well as other resources for the agricultural and forestry production;
4. the allocation of goods of for trade and industry, which serve or for that purpose by the law ensuring services in the field of trade and industry, as well as of money - and capital have been released authorities only as resources in the meaning of point 3 of the agricultural and forestry production;
5. use of means of production in enterprises of the food industry;
6. the investment of producers to the delivery;
7. the self-sufficiency;
8. the nature of the products;
9. the ban on the commercial distribution of products for a maximum of 48 hours;
10. the fixing of prices, rates, margins, editing and processing margins as well as payment and terms of delivery for products;
11. the temporary maintenance, conversion and opening of enterprises of the food industry.
(2) paragraph 1 does not apply 1 for editing, processing, the allocation, the delivery, the cover and the use of products of the food and agriculture, which serve only for the manufacture of goods of for trade and industry or have; been released by the authorities under this Act for that purpose.
2. for processing and commercial use of products of the forest and timber industry as well as the allocation and the purchase of such products for the purpose of processing or commercial use.

Section 2 requirements and limits ensure (1) regulations pursuant to section 1 may only adopt are 1 to reduce the risk of supply to fix or prevent 2. if its purpose through market-driven measures not, not timely or achieved only with disproportionate means can be.
(2) the regulations shall be limited to the necessary level. You are content to make that in the economic freedom of activity is involved as little as possible intervened and the performance of the economy as a whole affected as little as possible.
(3) regulations may be applied pursuant to section 1 para 1 only in accordance with article 80 of the basic law.

§ 3 (dropped out) definitions of products (1) products of food - and agriculture within the meaning of this law are article 4 1 by land management and land use, in particular in the agriculture, in the grassland farming, in the vegetable, fruit, garden and wine, also by animal husbandry, beekeeping, hunting, or fishing plant and animal products obtained including the animals and that by loading and processing of manufactured food, pleasure and feed materials with the exception of unmanufactured tobacco and tobacco products , Coffee, coffee substitutes and coffee essences containing coffee or caffeine.
2. agricultural seeds and seedlings including the seed and planting material of vegetable, fruit, garden and wine and 3 wild food and feed.
(2) products of forestry and wood industry in the meaning of this law are raw wood and forestry by-products, in particular Gerbrinde and resin, 2. products of the first production process from raw wood 1.
(3) as products of forestry forestry seeds and seedlings.

§ 5 authorization for accounting, reporting and information obligations through regulations may for the purposes referred to in paragraph 1 with respect to the products and goods which according to § 1, rules may be adopted, as well as with regard to the performance of farms 1. accounting and reporting requirements for enterprises of food and timber industry, 2. recording and reporting requirements for enterprises of agriculture and forestry, 3. disclosure requirements for companies of food and agriculture, forestry and timber industry for the preparation of regulations pursuant to section 1 para 1 are justified.

§ 6 to resolve stock-holding (1) to reduce the risk of the supply of products or prevent can by law regulations for enterprises of food and agriculture, forestry and timber industry rules on the storage and the storage of the products referred to in paragraph 4 be adopted, insofar as this is necessary for the purposes described in section 1. Section 2, paragraph 2 shall apply.
(2) paragraph 1 also applies for storage and Stockpiling of neuter resources in the sense of § 1 para 1 No. 3 by agriculture and forestry.
(3) paragraph 1 shall apply accordingly for the storage and Stockpiling of neuter equipment used exclusively for agricultural and forestry production, by associations of producers and associations of producers associations, as well as other commercial establishments, which are used for the supply of agriculture and forestry with these resources.
(4) in legal regulations according to the paragraphs 1 to 3 can be seen above, that loans, guarantees or any other warranties to the costs of warehousing and rolling and the interest reduction grants are the victims for the cost of stocking up to a level to be determined in the annual budget Act and within the limits of available resources, as far as this is required to prevent an unreasonable burden of those affected.
(5) for assets of current assets, that to adopt the paragraphs 1 to 3 are regulations stock, on the basis of which the Federal Government in place the funding pursuant to paragraph 4 by means of legal regulations may allow that they instead of the according § 6 para 1 point. 2 of the income tax act resulting value can be attached by the taxpayer to a value which is up to 30 per cent under the acquisition or production cost or the lower stock exchange or market price (replacement) of the balance sheet date. Condition for the discount is that the assets located within the territorial scope of the basic law and for their storage not according to other regulations or on the basis of contractual agreements a corporation of under public law or a public service body granted subsidies or taken over the price risk has.
(6) assets, which according to paragraph 5, a haircut has been carried out, are diminished to the haircut made under paragraph 5, to be used in the determination of the unit value of commercial operations with the value governing the taxation of assets.

§ 7 legal regulations (1) legal regulations according to §§ 1, 5 and 6 the Federal Government adopts. The Federal Government can transfer through legislation without the consent of the Federal Council to the Federal Ministry of food, agriculture and consumer protection (Ministry) this power.
(2) sections 1, 5 and 6, the Federal Ministry under the condition of § 2 para 3 issue regulations. It can transfer these powers by Decree without the consent of the Federal Council 1 on the Federal Agency for agriculture and food, 2 on the State Governments, also with the empowerment to the sub-delegation of the authority of. The power to adopt regulations pursuant to section 1 para 1 No. 1, 2, 8 and 11 can be transferred to the State Governments only in agreement with the Federal Ministry for environment, nature conservation and nuclear safety. The power to adopt regulations pursuant to section 1 para 1 No. 10 can be transferred to the State Governments only in agreement with the Federal Ministry of Economics and technology.
(3) Ordinances of the Federal Ministry or the Federal Agency for agriculture and food pursuant to section 1 para 1 No. 1, 2, 8 and 11 require of the relation with the Federal Ministry for the environment, nature conservation and nuclear safety, as far as the protection of the population touched before environmental impacts or ionizing radiation. Legal regulations of the Federal Ministry or the Federal Agency for agriculture and food pursuant to section 1 para 1 No. 10 shall require of the relation with the Federal Ministry of Economics and technology.

§ 8 consent means of the legal regulations (1) legal regulations of the Federal Government or the Federal Ministry according to § 1 not require the consent of the Bundesrat, if their applicability at the latest six months is limited. An extension of the period of validity is possible only with the consent of the Federal Council.
(2) after the occurrence of the condition of § 2 para 3 regulations require according to §§ 1, 5 and 6 not the consent of the Federal Council or Parliament.

§ 9 validity of regulations (1) temporary regulations according to §§ 1, 5 and 6, which are in force in the event of the condition of § 2 para 3, continue to apply indefinitely.
(2) Regulations under this Act are to pick up, as far as their continuity for the purposes referred to in paragraph 1 is no longer required. Legal regulations of the Federal Government or the Federal Ministry are also to repeal if Bundestag and Bundesrat.
(3) Ordinances of the Federal Agency for agriculture and food, the State Governments or by these authorized bodies that are adopted on the basis of a legal regulation according to § 7 paragraph 2 sentence 2, contact no later than this Decree overrides.

§ 10 legal regulations according to § 1 and regulations are according to §§ 5 and 6 for the purposes described in section 1 by countries including the municipalities execution of Act (1) and run community associations on behalf of the Federal Government. The regulations may provide that they run in bundeseigener management, insofar as this is necessary for the purposes referred to in paragraph 1.
(2) the provincial governments can determine, that according to this law or on the basis of this Act a) tasks assigned to General Administration at the district level authorities all or part of the district municipalities, b) District assignments by local associations or municipal associations are perceived.
(3) paragraph 1 sentence 1 also applies to the § § 14, 15, 16, 17 and 18 of this Act, unless on the basis of these provisions by the authorities of the countries, municipalities or municipal associations measures for the purposes referred to in paragraph 1.
(4) unless this Act or that the paragraphs 1 to 3 of the countries, including the municipalities and municipal associations run on the basis of this Act issued regulations to on behalf of the Federal Government, the Ministry exercises the powers of the Federal Government pursuant to article 85 of the basic law. The Ministry can transfer under article 85 on upper Federal para 3 of the basic law these powers, as well as his authority. General administrative provisions referred to in article 85 paragraph 2 sentence 1 of the basic law require not the consent of the Bundesrat, if the requirement of § 2 para 3 or the administrative provisions concern the execution of legal regulations which have been adopted without the consent of the Federal Council.
(5) in countries where in the municipalities and municipal associations for order issues, a collegial body is responsible, the headquarters officer of the municipality or of the Community Association takes its place.
(6) in regulations referred to in § 1 and regulations according to §§ 5 and 6 for the purposes referred to in paragraph 1 the competence for the execution of these regulations to determine regulated and there that special bodies to set up are for the tasks related to the execution of these regulations.

§ 11 (dropped out) article 12 tasks of the Federal Agency for agriculture and food of the Federal Agency for agriculture and food following transmitted: 1. perform the tasks conferred on it by regulation under this Act;
2. the participation in the uniform planning in the field of nutrition seizures;
3. the central finding of resources, production and consumption of products of food and agriculture, forestry and timber industry and determining the production capacity of producers, agents and processors of such products, except the determination of production capacity of processors of products referred to in article 4, paragraph 2;
4. the establishment of central supply and storage plans.

§ 13 (dropped out) § 14 participation of associations (1) in regulations sections 1, 5 and 6 can be determined, that 1 mergers, associations or institutions and bodies of governed by public law, that perform functions of nutrition and agriculture or forestry and timber industry, advice contribute to the execution of the legal regulations, as far as the food and agriculture or forestry and timber industry interests are at stake , 2. the execution of the order wholly or in part on institutions and bodies of governed by public law, carry out the tasks of food and agriculture or forestry and timber industry, transfer. The institutions and bodies of governed by public law are subject to the instructions of the authority given under the Ordinance in so far.
(2) the competent authority can use the authorities referred to in paragraph 1 when performing individual tasks 5 and 6 mentioned purposes on the basis of this Act or on the basis of this Act of adopted regulations to meet it has for in §§ 1, with their consent. These posts are subject to the instructions of the competent authority, to the extent the federations and associations in this respect also the supervision.

§ 15 preparation of implementation of the Covenant, the States, the municipalities and municipal associations have to create the organisational, human and material conditions for the implementation of the measures that are required for the purposes referred to in article 1, paragraph 1.

Section 16 (1) information on the implementation of the legal regulations on the basis of this Act and to the preparation of the implementation of such regulations have all natural and legal persons and not incorporated associations, the authorities responsible for ensuring the supply and public agencies on request unless they are working in the food, agriculture, forestry and timber industry information, in particular on inventory and production data of nutritional and agricultural, forestry and holzwirtschaftlicher farms , to provide, as far as this is necessary for the purposes described in section 1.
(2) the persons appointed by the competent authorities with obtaining of information are authorized within the framework of paragraph 1 to enter land and business premises of the respondents, there to make tests and inspections, take samples, and to inspect the business records of the respondents. The party has to tolerate the measures pursuant to sentence 1, support the people responsible for the obtaining of information and business documents.
(3) the debtor to issue a report providing information on such questions, may refuse the answers himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings would in section 383, paragraph 1 according to the law of administrative offences.
(4) after the occurrence of the condition of § 2 para 3 are the competent authorities and other public bodies at the request of the reporting authorities first and family names, addresses and main residence of the consumer and in addition the day of their birth in order to ensure the supply, unless they still not have reached age the 14, to submit. The authorities referred to in sentence 1 and other public bodies are to submit under the mentioned conditions on request of other authorities and other public bodies also following individual details about personal and factual circumstances: 1. names and addresses of ernährungs-, agriculture, forestry, holzwirtschaftlicher farms, their owners and their responsible Director, 2. information about the type and production orientation of enterprises, 3. inventory and production data of enterprises , in particular information about supplies products, capacity, technical equipment, transport of storage systems as well as loading and processing capacity.
Before the requirement of § 2 para 3 the information referred to in sentences 1 and 2 on demand to transmit, if this is required for the purpose referred to in paragraph 1, in particular for precautionary measures pursuant to § 15, are the approval of each local authority for ensuring the supply competent authorities and other public bodies. Sentences 1 to 3 do not apply to individual information collected for statistical purposes only.
(5) the knowledge acquired according to paragraphs 1, 2 and 4 and documents are not allowed for other than the purposes referred to in paragraph 1.

§ 17 compensation (1) represents an expropriation a legal regulation adopted under this Act or a measure on the basis of such legal regulation, is to make a compensation in money. The compensation is calculated according to the usual fees for a comparable performance in trade. Lacking a comparable performance or a usual charge is not to determine the compensation fair considering the interests of the general public and the stakeholders is to.
(2) the performance of compensation one is obliged to, which is favoured by the decree or measure within the meaning of paragraph 1 sentence 1. No beneficiary is present, the compensation from the carrier of the task to make is so. Can the compensation is not obtained by one who is favored, is liable of the carriers of the task; as far as the carriers of the task will satisfy the Indemnitees, whose claim against the beneficiary on the carrier of the task is transferred. The transition may not be relied upon to the detriment of the entitled to compensation.
(3) on the fixing of compensation and the limitation period of a claim referred to in paragraph 1, §§ 34 shall apply according to 49 to 63 and 65 of the federal power Act. While the authorities who have arranged the measures referred to in paragraph 1 shall replace the request authorities.

§ 18 is hardship compensation (1) by a regulation adopted pursuant to this Act or a measure on the basis of such legal regulation a financial loss is inflicted to pay not according to § 17 persons, to grant compensation in money, so far as endangering its economic existence due to unforseen damage or is destroyed or to prevent or compensate for similar undue hardship compensation is offered.
(2) for the performance of the compensation, the carrier of the task is obliged.
(3) section 17 paragraph 3 is to apply accordingly.

§ 19 deliveries for deliveries by the administrative authorities shall apply the provisions of the administrative service act with the following conditions: 1. in urgent cases can, as far as a delivery in accordance with sections 3 to 5 of the Administrative Service Act is not possible, the delivery by written or telex, verbal or by telephone communication or - even if the conditions for a public service not available pursuant to § 10 of the Administrative Service Act - by public notice in the press , be in broadcasting or in other customary and appropriate way. In these cases the delivery with the day following on the announcement is considered to be causes.
2. delivery to leaders of sea-going vessels, inland vessels and aircraft can be made also by radio transmission. A copy of available is at the same time to provide the owner or owners.

Article 20 limitation of right of appeal (1) opposition and appeal proceedings against administrative acts have according to this Act or a regulation based on this law, if the administrative measure adopted after the occurrence of the condition of § 2 para 3 is no suspensive effect.
(2) in an administrative procedure of measures pursuant to this Act or a regulation based on this Act, an appeal against a ruling and the appeal against a decision in another are excluded, if the requirement of § 2 para 3. This does not apply if the judgment or other decision of the administrative court prior to the introduction of the requirement of § 2 para 3 has been announced or delivered.

Article 21 (fall off) section 22 infringement of freezing measures who intentionally or through negligence against a provision violates one on the basis of articles 1, 5 and 6 adopted by decree or executable available against one on the basis of such a decree, commits an infringement within the meaning of the economic criminal act in 1954, as far as the legal regulation for a specific offence on that provision refers.

Section 23 is rude violation of information disclosure (1), who intentionally or negligently information granted 1 violates article 16 par. 1 not, incorrectly, incompletely or not in time or not tolerate measures 2. contrary to § 16 para 2 sentence 2, does not support authorized people or not submit business documents.
(2) the offence can be punished with a fine up to ten thousand euros.

§ 24 (dropped out) § 25 competent administrative authority managing authority within the meaning of § 36 para 1 No. 1 of the code of administrative offences is 1 for contraventions of provisions according to § 16 para 1 and 2, a) if they have been adopted by a federal agency, the Federal Ministry, b) unless adopted by a national authority are, the Supreme authority of the country or the place determined by the Government;
2. in case of infringements against one according to §§ 1, 5 or 6 adopted pursuant to legislative decree or available issued against one on the basis of such a decree, a) as far as federal authorities to carry out are responsible, the Ministry or the authority specified in the regulation, b) as far as country authorities to carry out are responsible, the Supreme authority of the country or the authority specified in the regulation.

Section 26 (change of the economic criminal act) - section 27 restricted restriction of fundamental rights which is the fundamental right of inviolability of the home (article 13 of the Basic Law) in accordance with this Act.

Section 28 (entry into force)-