Trade-class law

Unofficial table of contents

HdlKlG

Date of completion: 05.12.1968

Full quote:

" Trade-class law in the version of the notice of 23 November 1972 (BGBl. 2201), as last amended by Article 22 of the Law of 25 July 2013 (BGBl. 2722). "

Status:	New by Bek. v. 23.11.1972 I 2201;
	Last amended by Art. 22 G v. 25.7.2013 I 2722

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1975 + + +) 

  

Unofficial table of contents

§ 1

(1) In order to promote the production, quality and marketing of products from agriculture and fisheries, and to promote the market overview of these products, the Federal Ministry of Food, Agriculture and Food Consumer protection (Federal Ministry) in agreement with the Federal Ministry of Economics and Technology with the consent of the Federal Council by means of a legal regulation to introduce legal trade classes. (2) Products within the meaning of paragraph 1 are those in agriculture, including vegetables, fruit, garden and wine, animal husbandry and the beekeeping sector and the products obtained from the fishery, and the foodstuffs produced therefrom by means of processing and processing, except in the case of products covered by the provisions of the wine law. (3) To the extent necessary for the implementation of acts of the European Community or of the European Union relating to quality standards, sales standards or similar provisions which comply with a system laid down in this law, the Federal Ministry in agreement with the Federal Ministry of Economics and Technology Technology with the approval of the Federal Council by means of a legal regulation

1.

Regulations pursuant to Sections 2 and 3 of this Regulation,

2.

the infringement of certain provisions or prohibitions contained in the acts of the European Community or of the European Union with a fine of up to ten thousand euros.

The Federal Ministry is authorized, in agreement with the Federal Ministry of Economics and Technology, to implement the acts of the European Union referred to in the first sentence of sentence 1 by means of a regulation which does not require the consent of the Federal Council. Community or European Union rules on the non-application of quality standards, sales standards or similar provisions which comply with a system laid down in this Act, in so far as the conditions for non-application in accordance with the legal acts of the European Community or The European Union shall be determined or determined. Unofficial table of contents

§ 2

(1) In legal orders in accordance with Article 1 (1), the characteristics must be determined which must at least show the products if they are held, offered, offered, delivered, sold or sold in accordance with the legal trade classes for sale. otherwise would be put on the market. In particular, the following characteristics can be determined:

Quality, origin, manner and time of production, extraction, manufacture and treatment supply condition, purity and composition, sorting and resistance of certain properties.

(2) In legal regulations according to § 1, the following may also be required:

1.

Description, marking, presentation, shaping, packaging, quantities and weight units for products which are held, offered, delivered, delivered, sold or otherwise placed on the market in accordance with the statutory trading classes for sale be brought;

2.

certain products may be offered for sale, offered, offered, delivered, sold or otherwise placed on the market for sale only in accordance with the statutory trading classes;

3.

that in invoices, delivery notes or other transport accompanying documents, with the exception of invoices, delivery notes or other transport accompanying documents of the retail trade, the commercial class under which the products are delivered shall be indicated, sold or otherwise placed on the market;

4.

in the case of certain products subject to the provisions of point 2 or the corresponding acts of the European Communities or of the European Union, in public notices or in communications for a larger group of products, are intended to be advertised by persons not without an indication of the legal trade class, provided that prices are indicated which relate directly or indirectly to a weight unit;

5.

exchanges, administrations of public markets and other bodies, in so far as they carry out price quotations or price fixing, which are official or provided for by law, are obliged to apply their quotations or findings to the , or, where the provisions of point 2 or corresponding acts of the European Communities or of the European Union have been adopted, their quotations or findings shall be subject to the legal requirements of the law the use of trade classes;

6.

what procedures

a)

in the case of the classification of the products in the statutory trading classes, and

b)

in the case of the examination of the classification

should be taken into account.

(3) The provisions of paragraphs 1 and 2 shall be adopted only in so far as they do not comply with the provisions of the relevant food law or the provisions of the measuring and calibration law and of the measures adopted pursuant to the law on measurement and calibration. Legal regulations, which do justice to the objectives of § 1 (1). Unofficial table of contents

§ 3

In legal regulations according to § 1, it can also be determined that products must comply with the requirements laid down in § 2 (1) and (2) (1), even in the case of the movement to the scope or from the scope of this Act. In this connection, it may be possible to move from areas outside the customs territory of the Community (Regulation (EEC) No 1496/68 of the Council of 27 September 1968-Official Journal of the European Communities No. 1-) or one of its Member States is limited to the first and second trading classes if it is necessary in the general economic interest. Unofficial table of contents

§ 4

Before legal orders are issued in accordance with § 1, the Federal Ministry shall listen to the economic groups involved and the consumers. For this purpose, it may form committees of representatives of the economic operators involved and of consumers, and may draw up experts. Unofficial table of contents

§ 5

(1) The supervision of compliance with the legal regulations adopted pursuant to this Act and the acts of the European Communities or of the European Union referred to in § 1 para. 3 shall be the responsibility of the competent authorities of the country. The Federal Ministry may, by means of a regulation which does not require the approval of the Federal Council, transfer the supervision of the transfer to the domestic or domestic authorities to the Federal Institute for Agriculture and Food (Bundesanstalt für Landwirtschaft und Ernährung). (2) Where monitoring of compliance with the provisions referred to in paragraph 1 is necessary, the agents of the competent authorities may, in the case of establishments which hold, offer, supply, sell or sell products within the meaning of § 1 for sale, or Otherwise put on the market or enter the scope or the scope of this law, during business hours,

1.

enter commercial premises and land, sales facilities and means of transport and carry out inspections there,

2.

take samples against a certificate of receipt; at the request of the person concerned, part of the sample or, if it is indivisible, a second sample shall be officially closed and sealed;

3.

Review and review business documents

4.

Request information.

Those powers shall also extend to products held, offered, delivered, sold or otherwise placed on the market in public places, in particular in markets, squares, streets or in the retreat for sale (3) Holders or managers of the establishments shall be obliged to allow access to the premises and land, sales facilities and means of transport, as well as the inspections to be carried out there, of the products to be visited or by other means in such a way as to ensure that the survey is properly may be carried out, either by itself or by others, in the course of the survey, to allow samples to be taken, to have the business documents submitted, to be examined and to provide information. (4) The monitoring shall be carried out in the case of the placing in the scope or within the scope of this Act, paragraphs 2 and 3 shall apply mutatily to those who, within the meaning of Section 1, apply to the farmer in or out of the scope of this Act, (5) The information provided in order to obtain an information can be provided by: 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 (6) The Federal Ministry is authorized, in agreement with the Federal Ministries of Economics and Technology and Finance, by means of a regulation which does not require the consent of the Federal Council, the procedure of monitoring in the case of the movement in or out of the scope of this law. Unofficial table of contents

§ 6

- Unofficial table of contents

§ 7

(1) The offence is unlawful.

1.

a product as defined in § 1, under the name of a legal trade class, is in stock for sale, offers, offers, supplies, sells, sells or otherwise places on the market, although the product does not meet at least the requirements of the of the legal trade class,

2.

holds, offers, supplies, supplies, sells, or otherwise places on the market a product within the meaning of § 1 under a designation for sale, which gives the appearance of a legal trade class, although a legal trade class is not introduced,

3.

a legal regulation pursuant to § 1 in conjunction with Section 2 (2) or (3), insofar as it refers to this fine for a certain amount of the offence, or

4.

contrary to § 5, para. 3 or 4

a)

not permitted to enter premises, land, sales facilities or means of transport, or to visit them,

b)

the products to be visited shall not be shown in such a way that the inspection may be carried out properly,

c)

does not provide the necessary assistance during the survey,

d)

Do not allow samples to be taken;

e)

do not allow or have not been presented in full or in due time, or cannot be examined in full or

f)

an information is not provided, not correct, not complete or not given in time.

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

§ 8

(1) The Federal Ministry is authorized to act on the basis of the Law on Legal Trade Classes for Products of Agriculture and Fisheries of 17 December 1951 (Federal Law Gazette). 970), as amended by the Act amending the Law on Statutory Commercial Categories of Products of Agriculture and Fisheries of 8 June 1955 (Bundesgesetzbl. 266), in agreement with the Federal Ministry of Economics and Technology, with the consent of the Federal Council, to amend or abolish authorisations in accordance with § § 1 and 2. (2) The provisions of § § 5 and 6 with the entry into force of this Act shall also apply to the supervision of the provisions adopted pursuant to the law referred to in paragraph 1. (3) Insofar as references to § 7 of the law referred to in paragraph 1 are included in the provisions of the fine , they shall be deemed to be referred to in Section 7 (1) (3) of this Act. Unofficial table of contents

§ 9

(1) The prohibitions and restrictions of the laws enacted pursuant to this Act shall not preclude the processing by the customs services of any acts of the European Communities or of the European Union or of the European Union or of the European Union or of the European Union or of the European Union or (2) The customs services may infringe those prohibitions and restrictions which they determine when they are dispatched to the competent administrative authorities. . Unofficial table of contents

§ 10

The rules of food law shall remain unaffected. Unofficial table of contents

§ 11

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