Food, Consumer and Feed Code (Food and Feed Code-LFGB)
Unofficial table of contents
LFGB
Date of completion: 01.09.2005
Full quote:
" Food and Feed Code in the version of the Notice of 3 June 2013 (BGBl. 1426), as last amended by Article 2 of the Law of 5 December 2014 (BGBl. I p. 1975) "
| Status: |
New by Bek. v. 3.6.2013 I 1426; |
| |
Last amended by Art. 2 G v. 5.12.2014 I 1975 |
For more details, please refer to the menu under
Notes
Footnote
(+ + + Text evidence from: 7.9.2005 + + +)
The G was referred to as Article 1 (d). G v. 1.9.2005 I 2618 of the Bundestag, with the majority of its members, and with the approval of the Bundesrat, decided. It's gem. Article 9 of this Act entered into force on 7.9.2005.
(+ + + Official note from the norm-provider on EC law:
Consideration of
ERL 34/98 (CELEX Nr: 31998L0034) Bek. v. 22.8.2011 I 1770
Implementation of the
EEC-GRL 373/70 (CELEX Nr: 31970L0373) Bek. v. 22.8.2011 I 1770
EWGRL 524/70 (CELEX Nr: 31970L0524) cf. Bek. v. 22.8.2011 I 1770
EEC-GRL 250/71 (CELEX Nr: 31971L0250) Bek. v. 22.8.2011 I 1770
EEC-GRL 393/71 (CELEX Nr: 31971L0393) Bek. v. 22.8.2011 I 1770
EEC-GRL 199/72 (CELEX Nr: 31972L0199) Bek. v. 22.8.2011 I 1770
EEC-GRL 46/73 (CELEX Nr: 31973L0046) Bek. v. 22.8.2011 I 1770
EECGRL 371/76 (CELEX Nr: 31976L0371) Bek. v. 22.8.2011 I 1770
EECGRL 372/76 (CELEX Nr: 31976L0372) Bek. v. 22.8.2011 I 1770
EECGRL 895/76 (CELEX Nr: 31976L0895) Bek. v. 22.8.2011 I 1770
EEC-GRL 633/78 (CELEX Nr: 31978L0633) Bek. v. 22.8.2011 I 1770
EECGRL 373/79 (CELEX Nr: 31979L0373) Bek. v. 22.8.2011 I 1770
EECGRL 511/80 (CELEX Nr: 31980L0511) Bek. v. 22.8.2011 I 1770
EECGRL 715/81 (CELEX Nr: 31981L0715) Bek. v. 22.8.2011 I 1770
EWGRL 471/82 (CELEX Nr: 31982L0471) Bek. v. 22.8.2011 I 1770
EEC-GRL 425/84 (CELEX Nr: 31984L0425) Bek. v. 22.8.2011 I 1770
EWGRL 475/82 (CELEX Nr: 31982L0475) Bek. v. 22.8.2011 I 1770
EEC-GRL 228/83 (CELEX Nr: 31983L0228) Bek. v. 22.8.2011 I 1770
EEC-GRL 174/86 (CELEX Nr: 31986L0174) Bek. v. 22.8.2011 I 1770
EEC-GRL 362/86 (CELEX Nr: 31986L0362) Bek. v. 22.8.2011 I 1770
EEC-GRL 363/86 (CELEX Nr: 31986L0363) Bek. v. 22.8.2011 I 1770
EEC-GRL 153/87 (CELEX Nr: 31987L0153) Bek. v. 22.8.2011 I 1770
EEC-GRL 642/90 (CELEX Nr: 31990L0642) Bek. v. 22.8.2011 I 1770
EGRL 357/91 (CELEX Nr: 31991L0357) Bek. v. 22.8.2011 I 1770
EGRL 70/93 (CELEX Nr: 31993L0070) Bek. v. 22.8.2011 I 1770
EEC-GRL 74/93 (CELEX Nr: 31993L0074) Bek. v. 22.8.2011 I 1770
ERL 113/93 (CELEX Nr: 31993L0113) Bek. v. 22.8.2011 I 1770
ERL 117/93 (CELEX Nr: 31993L0117) Bek. v. 22.8.2011 I 1770
ERL 39/94 (CELEX Nr: 31994L0039) Bek. v. 22.8.2011 I 1770
EC Directive 10/95 (CELEX Nr: 31995L0010) cf. Bek. v. 22.8.2011 I 1770
ERL 53/95 (CELEX Nr: 31995L0053) Bek. v. 22.8.2011 I 1770
ERL 69/95 (CELEX Nr: 31995L0069) Bek. v. 22.8.2011 I 1770
EC Directive 25/96 (CELEX Nr: 31996L0025) Bek. v. 22.8.2011 I 1770
ERL 51/98 (CELEX Nr: 31998L0051) Bek. v. 22.8.2011 I 1770
ERL 64/98 (CELEX Nr: 31998L0064) Bek. v. 22.8.2011 I 1770
ERL 68/98 (CELEX Nr: 31998L0068) Bek. v. 22.8.2011 I 1770
ERL 27/99 (CELEX Nr: 31999L0027) Bek. v. 22.8.2011 I 1770
ERL 29/99 (CELEX Nr: 31999L0029) Bek. v. 22.8.2011 I 1770
ERL 76/99 (CELEX Nr: 31999L0076) Bek. v. 22.8.2011 I 1770
ERL 45/2000 (CELEX Nr: 32000L0045) Bek. v. 22.8.2011 I 1770
EMGEntsch 516/91 (CELEX Nr: 31991D0516) Bek. v. 22.8.2011 I 1770
EGEntsch 728/98 (CELEX Nr: 31998D0373) Bek. v. 22.8.2011 I 1770
ERL 77/2000 (CELEX Nr: 32000L0077) Bek. v. 22.8.2011 I 1770
ERL 46/2001 (CELEX Nr: 32001L0046) Bek. v. 22.8.2011 I 1770
ERL 32/2002 (CELEX Nr: 32002L0032) see Bek. v. 22.8.2011 I 1770
ERL 23/96 (CELEX Nr: 31996L0023) Bek. v. 22.8.2011 I 1770
ERL 78/97 (CELEX Nr: 31997L0078) Bek. v. 22.8.2011 I 1770
EEC-GRL 495/91 (CELEX Nr: 31991L0495) Bek. v. 22.8.2011 I 1770
EEC-GRL 5/92 (CELEX Nr: 31992L0005) Bek. v. 22.8.2011 I 1770
EEC-GRL 45/92 (CELEX Nr: 31992L0045) Bek. v. 22.8.2011 I 1770
EGRL 110/92 (CELEX Nr: 31992L0110) Bek. v. 22.8.2011 I 1770
EEC-GRL 116/92 (CELEX Nr: 31992L0116) Bek. v. 22.8.2011 I 1770
EEWGEntsch 13/93 (CELEX Nr: 31993D0013) Bek. v. 22.8.2011 I 1770
EGEntsch 14/93 (CELEX Nr: 31993D0014) see Bek. v. 22.8.2011 I 1770
EEC-GRL 321/91 (CELEX Nr: 31991L0321) Bek. v. 22.8.2011 I 1770
EEC-GRL 73/85 (CELEX Nr: 31985L0073) Bek. v. 22.8.2011 I 1770
EEC-GRL 397/89 (CELEX Nr: 31989L0397) Bek. v. 22.8.2011 I 1770
EEC-GRL 608/89 (CELEX Nr: 31989L0608) Bek. v. 22.8.2011 I 1770
EEC-GRL 662/89 (CELEX Nr: 31989L0662) Bek. v. 22.8.2011 I 1770
EEC-GRL 425/90 (CELEX Nr: 31990L0425) Bek. v. 22.8.2011 I 1770
EEC-GRL 667/90 (CELEX Nr: 31990L0667) Bek. v. 22.8.2011 I 1770
EEC-GRL 675/90 (CELEX Nr: 31990L0675) Bek. v. 22.8.2011 I 1770
EEC-GRL 676/90 (CELEX Nr: 31990L0676) Bek. v. 22.8.2011 I 1770
EEC-GRL 677/90 (CELEX Nr: 31990L0677) Bek. v. 22.8.2011 I 1770
EEC-GRL 67/91 (CELEX Nr: 31991L0067) Bek. v. 22.8.2011 I 1770
EEC-GRL 174/91 (CELEX Nr: 31991L0174) Bek. v. 22.8.2011 I 1770
EEC-GRL 496/91 (CELEX Nr: 31991L0496) Bek. v. 22.8.2011 I 1770
EECGRL 497/91 (CELEX Nr: 31991L0497) Bek. v. 22.8.2011 I 1770
EEC-GRL 628/91 (CELEX Nr: 31991L0628) Bek. v. 22.8.2011 I 1770
EEC-GRL 5/92 (CELEX Nr: 31992L0005) Bek. v. 22.8.2011 I 1770
ERL 65/94 (CELEX Nr: 31994L0065) Bek. v. 22.8.2011 I 1770
EEC-GRL 357/87 (CELEX Nr: 31987L0357) Bek. v. 22.8.2011 I 1770
EEC-GRL 107/89 (CELEX Nr: 31989L0107) Bek. v. 22.8.2011 I 1770
EEC-GRL 35/93 (CELEX Nr: 31993L0035) see Bek. v. 22.8.2011 I 1770
ERL 112/2008 (CELEX Nr: 32008L0112) Bek. v. 22.8.2011 I 1770 + + +)
Unofficial table of contents
Content Summary
Content oversight section 1General provisions
| § 1 |
Purpose of the law |
| § 2 |
Definitions |
| § 3 |
Other definitions |
| § 4 |
Scope of application |
Section 2Transport with food
| § 5 |
Bans to protect health |
| § 6 |
Bans on food additives |
| § 7 |
Authorisations for food additives |
| § 8 |
Prohibition of irradiation and authorisation of authorisation |
| § 9 |
Plant protection or other means |
| § 10 |
Substances with a pharmacological effect |
| § 11 |
Rules for protection against deception |
| § 12 |
(dropped) |
| § 13 |
Appropriations for the protection of health and against deception |
| § 14 |
Further appropriations |
| § 15 |
German food book |
| § 16 |
German Food Book Commission |
Section 3Traffic in feedingstuffs
| § 17 |
Prohibitions |
| § 17a |
Insurance |
| § 18 |
Feed ban and appropriations |
| § 19 |
Prohibitions to protect against deception |
| § 20 |
Prohibition of disease-related advertising |
| Section 21 |
Other prohibitions and restrictions |
| Section 22 |
Appropriations for the protection of health |
| Section 23 |
Further appropriations for the protection of health |
| Section 23a |
Appropriations for the protection of animal health and the promotion of animal production |
| § 24 |
Guarantee for certain requirements |
| Section 25 |
Participation of certain authorities |
Section 4Transport with cosmetic products
| Section 26 |
Bans to protect health |
| § 27 |
Rules for protection against deception |
| § 28 |
Appropriations for the protection of health |
| § 29 |
Further appropriations |
Section 5Transport of other consumer goods
| § 30 |
Bans to protect health |
| Section 31 |
Transfer of substances to food |
| Section 32 |
Appropriations for the protection of health |
| § 33 |
Rules for protection against deception |
Section 6Common rules applicable to all products
| Section 34 |
Appropriations for the protection of health |
| § 35 |
Appropriations for protection against deception and information |
| § 36 |
Authorisations for operational controls and measures |
| Section 37 |
Further appropriations |
Section 7Monitoring
| § 38 |
Competence, mutual information |
| Section 38a |
Transmission of data on Internet trade |
| § 39 |
The task and actions of the competent authorities |
| § 40 |
Information to the public |
| Section 41 |
Measures in the production sector, livestock trading companies and transport undertakings |
| § 42 |
Implementation of monitoring |
| Section 43 |
Sampling |
| Section 44 |
Disclosure, co-action and transfer obligations |
| Section 44a |
Participation and transfer obligations concerning the results of the examination of substances which are not intended to be health |
| § 45 |
Arbitration |
| Section 46 |
Appropriations |
| § 47 |
Further appropriations |
| § 48 |
National provisions |
| § 49 |
Creation of a superstructure, use of certain data |
| § 49a |
Cooperation between the Federal Government and the Länder |
Section 8Monitoring
| § 50 |
Monitoring |
| Section 51 |
Implementation of monitoring |
| Section 52 |
Adoption of administrative provisions |
Section 9Vering into and out of the country
| Section 53 |
Movement prohibitions |
| § 54 |
Certain products originating in other Member States or other States Parties to the Agreement on the European Economic Area |
| § 55 |
Participation of customs offices |
| § 56 |
Appropriations |
| Section 57 |
Exports; other domials from the domestic |
Section 10Criminal and monetary rules
| Section 58 |
Criminal provisions |
| § 59 |
Criminal provisions |
| § 60 |
Fines |
| Section 61 |
Recovery |
| Section 62 |
Appropriations |
Section 11Final provisions
| § 63 |
Fees and expenses |
| Section 64 |
Official collection of investigative procedures; notices |
| Section 65 |
Task Implementation |
| Section 66 |
Statistics |
| Section 67 |
Emergency appropriations for periods of crisis |
| Section 68 |
Approval of exceptions |
| Section 69 |
Authorisation of further exemptions |
| Section 70 |
Legal Regulations in certain cases |
| Section 71 |
Participation of the public |
| Section 72 |
External transport |
| Section 73 |
Proclamation of legal orders |
| Section 74 |
Scope of certain provisions |
| § 75 |
Transitional arrangements |
Section 1
General provisions
Unofficial table of contents
§ 1 Purpose of the Law
(1) The purpose of the law is to:
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1.
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, subject to paragraph 2, in the case of foodstuffs, feedingstuffs, cosmetics and consumer goods, to ensure the protection of consumers by preventing or averting a risk to human health,
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2.
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to protect against deception in the case of foodstuffs, feedingstuffs, cosmetic products and subject-related products;
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3.
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the information of economic operators and
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a)
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consumers in the transport of foodstuffs, cosmetics and consumer goods,
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b)
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to ensure the use of feedingstuffs for use by users,
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4.
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a)
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for feed
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aa)
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to ensure the protection of animals by preventing or averting a risk to animal health;
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bb)
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to protect the natural environment from undesirable substances present in animal excrements, which have already been present in feedingstuffs,
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b)
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to promote animal production in such a way that:
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aa)
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the performance of the farm animals is maintained and improved; and
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bb)
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the food and other products derived from farm animals comply with the qualitative requirements placed on them, including with regard to their safety in respect of human health.
(1a) Paragraph 1 (2) shall also cover protection
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1.
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before deception in the case of consumption of unsuitable food within the meaning of Article 14 (2) (b) and (5) of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general rules for the consumption of unsuitable foodstuffs Principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 327, 30.4.2004, p. 1), as last amended by Regulation (EC) No 596/2009 (OJ L 31, 1.2.2009, p. OJ L 188, 18.7.2009, p.
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2.
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before the use of unsuitable commodities within the meaning of § 2 (6), first sentence, point 1.
(2) The purpose of this Act is to ensure the protection of human health in the private sector by preventing or preventing the risk of products emanating from or going out of products, to the extent that this is the case in this law. (3) This Act also provides for the implementation and implementation of legal acts of the European Community or of the European Union relating to the substantive areas of this Act, as provided for by the supplementary provisions of Regulation (EC) No 178/2002.
Unofficial table of contents
§ 2 Definitions
(1) Products are food, including food additives, feedingstuffs, cosmetic products and consumer goods. (2) Food is food within the meaning of Article 2 of Regulation (EC) No 178 /2002. (3) Food additives food additives within the meaning of Article 3 (2) (a), in conjunction with Article 2 (2) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 327, 30.12.2008, p. 16, L 105, 27.4.2010, p. 114, L 322, 21.11.2012, p. 8), as last amended by Regulation (EU) No 298/2014 (OJ L 378, 27.12.2009, p. OJ L 89 of 25.3.2014, p. 36). The food additives shall be equal to
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1.
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Substances with or without nutritional value, which are not normally consumed as food or used as a characteristic ingredient of a food, and which are not consumed by a food for other than technological reasons in the manufacture or treatment of foodstuffs , by means of which they themselves or their degradation or reaction products may or may become, directly or indirectly, a component of the food, with the exception of substances which are of natural origin or of natural chemical origin; is the same and, in general terms, is mainly due to its Nourings, odour or flavourings or as a flavouring agent are used;
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2.
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mineral substances and trace elements, as well as their compounds other than common salt,
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3.
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amino acids and their derivatives,
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4.
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Vitamins A and D as well as their derivatives.
(4) feedingstuffs are feedingstuffs within the meaning of Article 3 (4) of Regulation (EC) No 178 /2002. (5) Cosmetic products are substances or mixtures of substances which are intended exclusively or mainly for the external part of the human body. or in its oral cavity for the purpose of cleaning, protecting, maintaining good condition, perfuming, changing the appearance, or being used to influence the body odour. Cosmetic products are not substances or mixtures of substances which are intended to influence the body's performance. (6) Commodities are
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1.
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Materials and articles within the meaning of Article 1 (2) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 June 2004 on the October 2004 on the materials and articles intended to come into contact with foodstuffs and repealing Directives 80 /590/EEC and 89 /109/EEC (OJ L 103, 25.4.1979, p. 4), as amended by Regulation (EC) No 596/2009 (OJ L 145, 31.5.2009, p. OJ L 188, 18.7.2009, p.
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2.
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Packs, containers or other envelopes intended to come into contact with cosmetic products,
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Objects intended to come into contact with the mucous membranes of the mouth,
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4.
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Items intended for personal care,
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5.
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Toys and joke articles,
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Articles intended to come into contact with the human body not only temporarily, such as clothing, bed linen, masks, wigs, hairpieces, artificial lashes, bracelets,
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7.
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cleaning and care products intended for domestic needs or subject-matter within the meaning of point 1;
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8.
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Impregnating agents and other equipment intended for household use as defined in point 6 intended for domestic use;
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9.
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Means and objects for the improvement of odour in rooms intended for the stay of people.
According to Article 2 (2) of the German Medicines Act (Medicinal Products Act), items of demand shall not be subject to any subject matter, according to § 3 of the Medical Devices Act, medical devices or accessories for medical devices or in accordance with Article 3 (1) (a) of the Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 on the making available on the market and the use of biocidal products (OJ L 136, 31.5.2012, p. 1), and not the materials and articles referred to in Article 1 (3) of Regulation (EC) No 1935/2004, covering and coating materials and water supply systems.
Unofficial table of contents
§ 3 Further definitions
For the purposes of this Act:
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Placing on the market: placing on the market within the meaning of Article 3 (8) of Regulation (EC) No 178/2002; Article 3 (8) of Regulation (EC) No 178/2002 shall apply to cosmetic products, consumer goods and products interchangeable with foodstuffs. accordingly,
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Manufacture: the production, preparation, preparation, processing and mixing of live animals whose meat is intended to be used as food products, including the slaughter or laying of live animals,
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Treatment: weighing, measuring, refilling, stamping, printing, packaging, cooling, freezing, freezing, thawing, storing, storing, promoting and any other activity which is not to be regarded as a production or placing on the market,
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Consumer or consumer: end-users within the meaning of Article 3 (18) of Regulation (EC) No 178/2002, the other person to whom a cosmetic product or subject-matter is intended for personal use or to the person concerned, to the consumer or to the consumer. use in its own budget, where the trader, insofar as it relates to a cosmetic product or an item of goods for consumption within its premises, is equivalent to the consumer or to the consumer,
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5.
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Consumption: the intake of food by humans through food, chewing, drinking and by any other supply of substances in the stomach,
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Food business: food business within the meaning of Article 3 (2) of Regulation (EC) No 178/2002,
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Food business operator or food business operator: food business operator within the meaning of Article 3 (3) of Regulation (EC) No 178/2002,
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8.
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Information on food: information on food as defined in Article 2 (2) (a) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 June 2011 on food products and foodstuffs. October 2011 on the provision of food information to consumers and amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council and repealing Commission Directive 87 /250/EEC, Council Directive 90 /496/EEC, Commission Directive 1999 /10/EC, Directive 2000 /13/EC of the European Parliament and of the Council, Directives 2002/67/EC and 2008 /5/EC and Commission Regulation (EC) No 608/2004 1. 18), as last amended by Regulation (EU) No 78/2014 (OJ L 327, 22.12.2011, p. OJ L 27, 30.1.2014, p. 7),
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9.
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Trigger value: limit value for the content of a substance not intended for health which is contained in or on a foodstuff which has to be carried out in order to investigate the causes of the presence of the substance identify each substance with the aim of introducing measures to reduce or eliminate it;
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10.
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products which are interchangeable with foodstuffs: products which, although not foodstuffs, are foreseeable on the basis of their form, odour, colour, appearance, presentation, labelling, volume or size; is that they are confused with food by consumers, in particular children, and are therefore brought to the mouth, suffocated or swallowed, in particular by the risk of suffocation, of poisoning, of Perforation or closure of the digestive channel may be created; excluding medicinal products subject to an authorisation or registration procedure,
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11.
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Feed undertakings: feed undertakings within the meaning of Article 3 (5) of Regulation (EC) No 178/2002, including in so far as their activities relate to feedingstuffs intended for the oral animal feeding of non-food-producing animals animals are intended to be
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12.
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Feed business operator or feed business operator: feed business operator within the meaning of Article 3 (6) of Regulation (EC) No 178/2002, including where the responsibility of the feed business is related to feed which is not intended for the oral animal feed of food-producing animals are intended to be used,
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13.
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Individual feedingstuffs: individual feedingstuffs within the meaning of Article 3 (2) (g) of Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 concerning the placing on the market and use of feedingstuffs, amending Regulation (EC) No 1260/2005 Regulation (EC) No 1831/2003 of the European Parliament and of the Council and repealing Council Directives 79 /373/EEC, 80 /511/EEC, 82 /471/EEC, Council Directive 83 /228/EEC, 93 /74/EEC, Council Directive 93 /113/EC and Council Directive 93 /113/EC and Council Directive 93 /74/EEC, Council Directive 93 /113/EC and Council Directive 93 /47/EEC 96 /25/EC of the Council and Commission Decision 2004 /217/EC (OJ L 136, 31.5.2004, p. 1, L 192 of 22.7.2011, p. 71), as last amended by Regulation (EU) No 939/2010 (OJ L 327, 22.12.2010, p. OJ L 277, 21.10.2010, p.4),
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compound feedingstuffs: compound feedingstuffs within the meaning of Article 3 (2) (h) of Regulation (EC) No 767/2009,
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Dietary feedingstuffs: compound feedingstuffs intended to meet the particular nutritional requirements of the animals in which, in particular, digestive, resorptive or metabolic disorders are present or are to be expected,
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16.
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Feed additives: feed additives within the meaning of Article 2 (2) (a) of Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 concerning additives for use in animal nutrition (OJ L 327, 22.12.2003, p. 29), as last amended by Regulation (EC) No 767/2009 (OJ L 268, 18.10.2009, p. 1). OJ L 229, 1.9.2009, p. 1),
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Premixtures: premixtures within the meaning of Article 2 (2) (e) of Regulation (EC) No 1831/2003;
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18.
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undesirable substances: substances, other than animal diseases, which are contained in or on feedingstuffs, and
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a)
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as residues in food or other products derived from farm animals, constitute a risk to human health,
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b)
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are a threat to animal health,
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c)
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are excreted by the animal and, as such, pose a risk to the natural household, or
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d)
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the performance of farm animals or residues in food or other products derived from farmed animals adversely affect the quality of these foods or products
,
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19.
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Residues of pesticides: residues of plant protection products within the meaning of the Plant Protection Act, protection products or pesticides, in so far as they are in the scope of application in European Community or European Union legislative acts of this law and which are present in or on feedingstuffs,
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20.
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Natural household: its components soil, water, air, climate, animals and plants, as well as the structure of action between them,
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Livestock: Animals of a species normally held for the purpose of obtaining food or other products, and horses,
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22.
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Action limit: the limit value for the content of an undesirable substance in which investigations must be carried out in order to identify the causes of the presence of the undesirable substance with the aim of taking measures to ensure the presence of the undesirable substance. To reduce or eliminate.
Unofficial table of contents
§ 4 Rules on the scope of application
(1) The provisions of this Act
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1.
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food shall also apply to live animals used for the production of food, provided that this law is intended to:
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2.
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in the case of food additives, the substances referred to in paragraph 2 (3), second sentence, or in accordance with paragraph 3 (2), shall also apply to food additives,
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3.
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for cosmetic products shall also apply to means of tattooing, including comparable substances and mixtures of substances intended to be introduced into or under human skin for the purpose of influencing the appearance, and also temporarily, to remain,
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4.
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and the legal regulations adopted pursuant to this Act shall not apply to products within the meaning of the Wine Act, except for the products referred to in Article 1 (2) of the Wine Act, but shall apply, in so far as the Wine Act or the Laws issued by the Wine Act refer to the provisions of this Act or to the legal regulations adopted pursuant to this Act.
(2) In legal regulations according to this law,
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1.
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Restaurants, community catering facilities and traders, insofar as they relate to products for consumption within their premises, as referred to in Article 2 (2), (5) and (6), shall be treated as equivalent to the consumer or to the consumer,
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2.
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other definitions or definitions other than those referred to in § § 2 and 3 shall be provided in so far as this does not extend the scope of this Act.
(3) The Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry of Germany) is authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a legal regulation with the consent of the Federal Council, to the extent that necessary for the fulfilment of the purposes specified in Section 1, paragraph 1, point 1, also in conjunction with Article 1 (3),
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1.
-
other objects and means of personal or domestic use, of which, in the event of intended or pre-determined use, their composition, in particular by means of toxicologically active substances, or by impurities, health-threatening effects on the human body can go out, the subject matter,
-
2.
-
certain substances or groups of substances, whether or not intended for certain uses, the food additives
equal.
Section 2
Transport of food
Unofficial table of contents
§ 5 prohibitions on the protection of health
(1) It shall be prohibited to produce or treat food to others in such a way that their consumption is harmful to health within the meaning of Article 14 (2) (a) of Regulation (EC) No 178/2002. Remain unaffected
-
1.
-
the prohibition in Article 14 (1), in conjunction with paragraph 2 (a) of Regulation (EC) No 178/2002 concerning the placing on the market of harmful foods which are harmful to health, and
-
2.
-
Regulations in legal regulations pursuant to section 13 (1) (3) and (4), insofar as they apply to the private domestic sector.
(2) It is also prohibited to:
-
1.
-
Substances which are not food and whose consumption is harmful to health within the meaning of Article 14 (2) (a) of Regulation (EC) No 178/2002 shall be placed on the market as food,
-
2.
-
to produce, treat or put into circulation products that are interchangeable with food.
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§ 6 Prohibition of food additives
(1) It is prohibited to:
-
1.
-
in the manufacture or treatment of foodstuffs intended to be placed on the market,
-
a)
-
unmixing unauthorised food additives or using them in mixtures with other substances,
-
b)
-
to use ion exchangers to the extent that non-authorised food additives enter the food;
-
c)
-
to apply procedures for the production of unauthorised food additives in the food;
-
2.
-
to place food on the market which is manufactured or treated contrary to the prohibition laid down in point 1 or which does not comply with a legal regulation adopted pursuant to Article 7 (1) or (2) (1) or (5);
-
3.
-
Food additives or ion exchangers which may not be used in the manufacture or treatment of food, for such use, or for use in the manufacture or treatment of foodstuffs by the To place consumer or consumer on the market.
(2) Paragraph 1 (1) (a) does not apply to enzymes and micro-organism cultures. Paragraph 1 (1) (c) shall not apply to substances which result from a generally customary food preparation of foodstuffs. (3) Regulation (EC) No 1333/2008 and Regulation (EC) No 1332/2008 of the European Parliament and of the Council of the European Communities Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83 /417/EEC, Council Regulation (EC) No 1493/1999, Council Directive 2000 /13/EC and Regulation (EC) No 258/97 (OJ L 378, 27.12.2000, p. 7), as amended by Regulation (EU) No 1056/2012 (OJ L 354, 31.12.2008, p. 9), it is not without prejudice to the rules of the European Parliament and of the Council of 13 November 2012.
Unofficial table of contents
§ 7 Authorisations for food additives
(1) The Federal Ministry shall be authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a regulation with the consent of the Federal Council, in so far as it takes account of technological, nutritional or nutritional requirements. is compatible with the purposes referred to in Article 1 (1) (1) or (2), also in conjunction with Article 1 (3),
-
1.
-
to allow food additives in general or for certain foods or for certain uses,
-
2.
-
To allow exceptions to the prohibitions provided for in Article 6 (1).
(2) The Federal Ministry shall also be authorized, in agreement with the Federal Ministry of Economics and Technology, by legal regulation with the consent of the Federal Council, insofar as it is in accordance with the provisions of § 1 (1) (1) or (2), in each case also in the case of: the connection with § 1 (3) is required;
-
1.
-
to set the maximum levels for the content of food additives or their conversion products in food, as well as purity requirements for food additives or ion exchangers,
-
2.
-
to fix minimum quantities of food additives in food,
-
3.
-
to adopt rules on the production, treatment or placing on the market of ion exchangers,
-
4.
-
to remove certain enzymes or micro-organism cultures from the regulation of § 6 (2) sentence 1,
-
5.
-
prohibit or restrict the use of certain ion exchangers in the production of foodstuffs.
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§ 8 prohibition of irradiation and authorisation of authorisation
(1) It is prohibited to:
-
1.
-
in the case of foodstuffs, to use non-authorised irradiation with ultraviolet or ionizing radiation;
-
2.
-
Placing foodstuffs on the market which are irradiated contrary to the prohibition laid down in paragraph 1 or in a regulation adopted pursuant to paragraph 2.
(2) The Federal Ministry is authorized, in agreement with the Federal Ministries for Education and Research and for the Environment, Nature Conservation and Nuclear Safety, by means of a legal regulation with the consent of the Federal Council,
-
1.
-
in so far as it is compatible with the purposes of Article 1 (1) (1) or (2), also in conjunction with Article 1 (3), to allow such irradiation in general or for certain foods or for certain uses,
-
2.
-
in so far as it is necessary for the purposes specified in Section 1 (1) (1) or (2), also in conjunction with Article 1 (3), to prescribe certain technical procedures for permitted irradiation.
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§ 9 Plant protection-or other means
(1) It is prohibited to place food on the market;
-
1.
-
if, in or on them, plant protection products within the meaning of the Plant Protection Act, fertilizers as defined in the Fertilizer Act, other plant or soil treatment products, Biocidal products within the meaning of the Chemicals Act, insofar as they are the protection of stored products, the control of pests or the protection of foodstuffs (plant protection or other means) or their conversion or reaction products are present in excess of the maximum quantities fixed in accordance with point (1) (a) of paragraph 2;
-
2.
-
if there are plant protection products in or on them within the meaning of the Plant Protection Act which are not authorised or which are not allowed to be used in foodstuffs or their starting materials,
-
3.
-
which meet the requirements laid down in Article 18 (1), including in conjunction with Article 20 (1), Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on life and Animal feed of plant and animal origin and amending Council Directive 91 /414/EEC (OJ L 136, 31.5.1991, p. 1), as last amended by Regulation (EU) No 398/2014 (OJ L 378, 27.12.2005, p. OJ L 119 of 23.4.2014, p. 3).
The maximum quantities referred to in paragraph 2 (1) (a) shall not apply to the funds referred to in point 1 (2). (2) The Federal Ministry shall be authorized, in agreement with the Federal Ministry of Economic Affairs and Technology, to: Ordinance with the consent of the Federal Council,
-
1.
-
to the extent necessary for the fulfilment of the purposes specified in Section 1 (1) (1) or (2), also in conjunction with Article 1 (3),
-
a)
-
to set maximum levels for plant protection or other agents or their conversion and reaction products, which may not be exceeded in or on foods when placed on the market,
-
b)
-
prohibit the placing on the market of foodstuffs in respect of which certain substances have been used as plant protection or other agents in respect of which substances have been used,
-
c)
-
Measures for the deforestation, decontamination or disinfection of premises or equipment in which food is produced, treated or placed on the market, subject to authorisation or notification, and the application of such measures: to prescribe, prohibit or restrict, in the case of such measures, certain means, equipment or procedures;
-
2.
-
in so far as it is compatible with the purposes referred to in Article 1 (1) (1) or (2), also in conjunction with Article 1 (3), exceptions to the prohibition
-
a)
-
of paragraph 1, first sentence, point 2, or
-
b)
-
of paragraph 1, first sentence, point 3, or Article 18 (1) of Regulation (EC) No 396/2005
.
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§ 10 Substances with a pharmacological effect
(1) It shall be prohibited to place on the market foodstuffs obtained from the animal when substances having a pharmacological action or their conversion products are present in or on them. Sentence 1 shall not apply if:
-
1.
-
the substances referred to in the first sentence or their transformation products in an act directly applicable to the European Community or to the European Union, in particular:
-
a)
-
in the Annex to Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification with regard to maximum residue limits in foodstuffs of animal origin (OJ L 327, 22.12.2009, p. 1, L 293 of 11.11.2010, p. 72), as last amended by Regulation (EU) No 418/2014 (OJ L 378, 27.12.2010, p. 19) has been amended,
-
b)
-
in accordance with a procedure laid down in Article 14 of Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 establishing a Community procedure for the establishment of residue limits of pharmacologically active substances in Foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001 /82/EC of the European Parliament and of the Council and of Regulation (EC) No 726/2004 of the European Parliament and of the Council Council: 11), directly applicable legislation of the European Union, or
-
c)
-
in a directly applicable act of the European Community or of the European Union, which is based on Regulation (EC) No 1831/2003,
shall not be exceeded,
-
2.
-
the substances referred to in the first sentence or their transformation products
-
a)
-
in the Annex to Regulation (EU) No 37/2010, or
-
b)
-
in a directly applicable act of the European Union, based on Article 14 of Regulation (EC) No 470/2009
are listed as substances for which maximum quantities are not required,
-
3.
-
for the substances or their transformation products referred to in the first sentence, reference values have been laid down in a directly applicable European Union act based on Article 18 of Regulation (EC) No 470/2009 and below those or
-
4.
-
maximum quantities fixed in accordance with point (1) (a) of the first paragraph of paragraph 4.
Regulation (EC) No 396/2005 remains unaffected. (2) It is also prohibited to place live animals on the market within the meaning of Article 4 (1) (1) where substances having a pharmacological effect or their transformation products are present in or on them which are
-
1.
-
listed in Table 2 of Annex 2 to Regulation (EU) No 37/2010 as prohibited substances,
-
2.
-
have not been authorised or registered as medicinal products for these animals or, without authorisation or registration, are not allowed to be used in these animals on the basis of other medicinal products legislation, or
-
3.
-
are not authorised for use as feed additives for these animals.
(3) Where substances having a pharmacological effect which are authorised or registered as medicinal products or which are authorised as feed additives have been supplied to a live animal,
-
1.
-
from which animal food is obtained,
-
2.
-
food obtained from the animal is placed on the market only;
(4) The Federal Ministry is authorized to comply with the law with the consent of the Federal Council,
-
1.
-
to the extent necessary for the fulfilment of the purposes specified in Section 1 (1) (1) or (2), also in conjunction with Article 1 (3),
-
a)
-
to fix maximum levels for substances with a pharmacological effect or their conversion products, which may not be exceeded in or on foods when placed on the market,
-
b)
-
certain substances having a pharmacological effect, with the exception of substances which may be placed on the market or used as feed additives, from the use in animals, in whole or for certain uses, or within certain limits; to exclude waiting periods and prohibit the placing on the market of certain substances obtained in breach of such rules or for prohibited use,
-
c)
-
certain substances or groups of substances, with the exception of substances which may be placed on the market or used as individual feedingstuffs or compound feedingstuffs or feedingstuffs, of substances with a pharmacological effect , provided that the facts justify the adoption of these substances in foodstuffs obtained from animals,
-
d)
-
prohibit or restrict the placing on the market of foodstuffs in or on which substances having a pharmacological effect or their transformation products are present,
-
e)
-
prohibit or restrict the production or treatment of foodstuffs referred to in point (d);
-
2.
-
in so far as it is necessary for the purposes specified in Article 1 (1) (1) or (2), also in conjunction with Article 1 (3), to comply with the provisions of paragraph 1 on the basis of the provisions referred to in the introductory sentence of paragraph 1, first sentence, of the first sentence of paragraph 1; to extend all or part of the food,
-
3.
-
in so far as it is compatible with the purposes set out in Article 1 (1) (1) or (2), to allow exceptions to the prohibition in paragraph 3.
(5) As soon as and to the extent that a communication pursuant to § 41 (2) sentence 1 or 2, also in conjunction with § 41 (4), has been issued, paragraphs 1 to 3 shall no longer apply.
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Section 11 Rules for protection against deception
(1) It shall be prohibited to provide food with information on food products which meet the requirements of Article 8 (1) of Regulation (EU) No 1169/2011.
-
1.
-
Article 7 (1), including in conjunction with paragraph 4, of Regulation (EU) No 1169/2011,
-
2.
-
Article 7 (3), including in conjunction with paragraph 4, of Regulation (EU) No 1169/2011, or
-
3.
-
Article 36 (2) (a) in conjunction with Article 7 (1) or (3), also in conjunction with Article 7 (4), of Regulation (EU) No 1169/2011
(2) It is also forbidden to place on the market or to advertise in general or on a case-by-case basis.
-
1.
-
bring into circulation other foodstuffs, other than those referred to in Article 14 (1), in conjunction with paragraph 2 (b) of Regulation (EC) No 178/2002, which are unsuitable for human consumption,
-
2.
-
-
a)
-
Post-cooked food,
-
b)
-
food which differs from the point of view of transport in terms of its nature and is thereby not insignificantly reduced in value, in particular in its nutritional or enjoyment value or in its usefulness; or
-
c)
-
foods that are suitable for raising the appearance of a better than the actual nature of the product;
without sufficient information to be placed on the market.
(3) Paragraph 1 (2) shall not apply to food and health claims made in accordance with Article 14 (1) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ L 327, 30.12.2006, p. OJ L 404, 30.12.2006, p. 9, L 12, 18.1.2007, p. 3, L 86, 28.3.2008, p. 34).
Unofficial table of contents
§ 12 (omitted)
Unofficial table of contents
§ 13 Authorisations for the protection of health and against deception
(1) The Federal Ministry shall be authorized, in the cases referred to in points 1 and 2, in agreement with the Federal Ministry of Economics and Technology, by means of a regulation with the consent of the Federal Council, insofar as it is to fulfil the provisions of § 1 (1) Point 1, in the cases referred to in point 3, to the extent that it is empowered to regulate the production or treatment, and point 4 is also necessary for the fulfilment of the purposes referred to in Article 1 (2), always in conjunction with Article 1 (3), in each case,
-
1.
-
in the manufacture or treatment of foodstuffs
-
a)
-
prohibit or restrict the use of certain substances, objects or processes,
-
b)
-
to prescribe the application of certain procedures,
-
2.
-
for certain food products, requirements for production, treatment or placing on the market,
-
3.
-
the manufacture, treatment or placing on the market of
-
a)
-
certain foodstuffs,
-
b)
-
live animals within the meaning of Article 4 (1) (1)
be subject to an official inquiry,
-
4.
-
require that certain foods should be officially examined after the profits have been obtained,
-
5.
-
the manufacture or treatment of certain substances which are harmful to human health within the meaning of Article 14 (2) (a) of Regulation (EC) No 178/2002 shall be prohibited in food business and the placing on the market or to be treated in the food industry; limit,
-
6.
-
to prescribe warnings, other warning or safety precautions for certain foods,
-
7.
-
subject to the first sentence of the first sentence of paragraph 5, to set the trigger values for a non-health substance contained in or on a foodstuff.
(2) Food produced or treated in accordance with a regulation adopted pursuant to paragraph 1 (1) (1) may not be placed on the market. (3) The Federal Ministry shall also be authorized by means of a legal regulation with the consent of of the Federal Council, insofar as it is necessary for the fulfilment of the purposes specified in Section 1 (1) (1) or (2), also in conjunction with Article 1 (3),
-
1.
-
require the food content of the food to be marked by the additives authorised in accordance with Article 7 (1) (1) and by the application of the treatment or irradiation authorised in accordance with Article 8 (2) (1) of the Regulation and, in doing so, to regulate the nature of the information,
-
2.
-
Rules on the identification of substances present in or on foods within the meaning of sections 9 and 10 of this Regulation.
The German Federal Ministry for Economic Affairs and Technology (Federal Ministry for Economic Affairs and Technology) also authorises the agreement of the German Federal Ministry for Economic Affairs and Technology (4) to be approved by the Federal Ministry of Economics and Technology (BMWB). Ordinance with the consent of the Federal Council, in so far as it is necessary for the fulfilment of the purposes specified in Section 1, paragraph 1, point 2, also in conjunction with § 1 (3),
-
1.
-
to require that
-
a)
-
foods under certain names may only be placed on the market if they meet certain requirements for production, composition or quality;
-
b)
-
Foods which do not meet certain requirements for the manufacture, composition or quality of the food or other foods of a particular type or nature are not, or are not sufficiently well known, or only under may be placed on the market for certain designations, other information or arrangements, and to determine the details thereof;
-
c)
-
Food may not be placed on the market under certain designations, particulars or arrangements which are appropriate for the purpose of misleading, and that they are not advertised with certain representations or other statements which may be misled shall be allowed to
-
d)
-
Foods where certain procedures have been applied may be placed on the market only under certain conditions,
-
e)
-
foodstuffs intended for a simplified determination of their nature have to be added to certain indicators;
-
f)
-
foods may be placed on the market only in certain units;
-
g)
-
certain particulars, in particular on the use of substances or on the further processing of the products, are to be attached;
-
2.
-
to prohibit the manufacture or placing on the market of articles or substances which may not be used in the manufacture or treatment of foodstuffs for such purposes, even if they are used only for the purpose of their own use of the purchaser.
(5) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to comply with the Federal Council's agreement with the consent of the Federal Council, in so far as it is to fulfil the purposes referred to in Article 1 (1) (1), also in conjunction with Article 1 (3). is required,
-
1.
-
prohibit or restrict the placing on the market of foodstuffs which have been exposed to exposure to air, water or soil contamination,
-
2.
-
Trigger values for a substance which is not intended to be health and which is contained in or on a foodstuff exposed to exposure to air, water or soil impurities.
Legal regulations according to the first sentence require the agreement with the Federal Ministry and the Federal Ministry for Economic Affairs and Technology.
Unofficial table of contents
Section 14 Additional appropriations
(1) The Federal Ministry shall be authorized, by means of a regulation with the consent of the Federal Council, to the extent to which this may be fulfilled in the cases referred to in Article 1 (1) (1) or (2), in the cases referred to in points 3 and 6, also in the case of the fulfilment of the provisions of paragraph 2, always in the connection with § 1 (3) is required;
-
1.
-
to make the placing on the market of foodstuffs obtained by the animal subject to the fact that they are accompanied by a health certificate, a comparable document or other documents, as well as the content, form and exhibition of these documents or documents,
-
2.
-
the production, treatment, placing on the market or the purchase of foodstuffs obtained from the animal, from a marking, official marking or official recognition or the placing on the market of natural mineral waters from a to make official recognition subject to official recognition and to regulate the content, the manner and the procedure for such a marking, official identification or official recognition,
-
3.
-
determine the conditions under which food derived from the animal is to be considered as contaminated with infectious material, as well as the necessary measures to regulate, in particular, the freezing and destruction of such products;
-
4.
-
to determine the conditions under which milk-based undertakings may give certain names,
-
5.
-
require that consignments of certain foods from other Member States or other States Parties to the Agreement on the European Economic Area, including during transport, may be reviewed or examined as to whether or not they are shall be accompanied by the prescribed documents and shall be accompanied by the provisions of this Act, the legal regulations adopted pursuant to this Act or the acts directly applicable to the European Community or the European Union in the the scope of this law,
-
6.
-
to regulate the procedure for the official investigation pursuant to Article 13 (1) (3) and (4).
(2) The Federal Ministry shall also be authorized, by means of a regulation with the consent of the Federal Council, to the extent necessary for the fulfilment of the purposes specified in § 1 (1) (1), also in conjunction with § 1 (3),
-
1.
-
and provided that the conditions for a regulation are not fulfilled by legal regulations pursuant to § 13 (1) or § 34 (1) of this Act or in accordance with Section 38 of the Infection Protection Act to enact provisions which have a flawless condition ensure that the food is produced from its production to the point of delivery to the consumer or the consumer, and also to determine the health or hygiene requirements of animals living in accordance with Article 4 (1) (1), the Food business or the persons employed there with regard to the production of certain foodstuffs, in order to avoid any adverse effect on these foods;
-
2.
-
and in so far as the conditions for a regulation are not fulfilled by means of a regulation pursuant to Section 6 (1) (3) (b) or § 38 (9) or (10) of the Animal Health Act, it is to be required that and in what manner spaces, installations or cleaning, disinfecting, disinfecting or otherwise treating live animals within the meaning of Article 4 (1) (1), as well as rules governing the management of animals;
-
3.
-
require cleaning, disinfection or other treatment measures with a view to meeting the hygienic requirements of spaces, installations, facilities or means of transport in which food is produced, is to be treated or placed on the market, proof must be given,
-
4.
-
to regulate the nature, form and content of the documents referred to in points 2 and 3 and the duration of their retention,
-
5.
-
rules for the monitoring of compliance with the hygiene requirements referred to in point 1.
(3) The Federal Ministry is further authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a legal regulation with the consent of the Federal Council, insofar as this is for the fulfilment of the provisions of § 1 (1) (1), (2) or (3) (a), In each case also in conjunction with § 1 (3), it is necessary to lay down rules on the advertising of infant formulae and follow-on formulae.
Unofficial table of contents
§ 15 German food book
(1) The German Food Book is a collection of guiding principles in which the production, quality or other characteristics of foods which are important for the transport capacity of the food are described. (2) The guiding principles will be approved by the German Food Book Commission, taking into account the international food standards recognized by the Federal Government. (3) The guidelines are to be provided by the Federal Ministry in agreement with the Federal Ministry of Food and Energy. for the economy and technology. The publication of guidelines may be rejected or reversed for legal or professional reasons.
Unofficial table of contents
Section 16 German Food Book Commission
(1) The German Food Book Commission shall be formed by the Federal Ministry. (2) The Federal Ministry shall, in agreement with the Federal Ministry of Economics and Technology, convene the members of the Commission from the circles of science, of food monitoring, consumer and food industry in the same proportion. The Federal Ministry shall appoint the Chairperson of the Commission and its alternates and shall, after consulting the Commission, adopt a point of order. (3) The Commission shall, in principle, decide unanimously on the guiding principles. Decisions which have not been approved by more than three quarters of the members of the Commission shall be ineffective. The Rules of Procedure shall be laid down in
Section 3
Transport of feedingstuffs
Unofficial table of contents
§ 17 Prohibitions
(1) It shall be prohibited to produce or treat feed in such a way that, in the case of its intended and appropriate feeding, the animals used for the production of food for other food products
-
1.
-
can affect human health,
-
2.
-
are unsuitable for human consumption.
The prohibitions referred to in Article 15 (1), in conjunction with paragraph 2 of Regulation (EC) No 178/2002, on the
-
1.
-
Marketing,
-
2.
-
Feeding animals to food-producing animals
shall remain unaffected by non-safe feedingstuffs. (2) It shall also be prohibited,
-
1.
-
Feed
-
a)
-
to be manufactured or treated in such a way that, in the case of intended and appropriate use, they are capable of damaging animal health,
-
b)
-
to be manufactured or treated in such a way that they are suitable for use in accordance with their intended purpose and in a proper manner,
-
aa)
-
to affect the quality of food or other products derived from farm animals,
-
bb)
-
in the case of undesirable substances present in animal excrements, which in turn have already been contained in feedingstuffs, to endanger the natural environment,
-
2.
-
to place feed on the market if they are suitable for use in accordance with their intended use and in a proper manner,
-
a)
-
to affect the quality of food or other products derived from farm animals,
-
b)
-
in the case of undesirable substances present in animal excrements, which in turn have already been contained in feedingstuffs, to endanger the natural environment,
-
3.
-
to feed feedingstuffs which are suitable,
-
a)
-
to affect the quality of food or other products derived from farm animals,
-
b)
-
in the case of undesirable substances present in animal excrements, which in turn have already been contained in feedingstuffs, to endanger the natural environment.
Unofficial table of contents
§ 17a Insurance
(1) A feed business operator with at least one holding registered or registered in the country which is likely to produce more than 500 tonnes of compound feedingstuffs for food-producing animals there in a calendar year, and the said animals shall be in whole or in part, in the event that the feed does not comply with the requirements of the animal feed and its feeding causes damage to it, it shall ensure, in accordance with the provisions of the second and third sentences, that a Insurance to cover such damage. The insurance must have been completed with an insurance undertaking admitted to the business in Germany. The minimum insurance sum shall be
-
1.
-
two million euros if the feed business operator is likely to manufacture more than 500 tonnes and not more than 5 000 tonnes of compound feedingstuffs in a calendar year,
-
2.
-
five million euro if the feed business operator is likely to manufacture more than 5 000 tonnes and not more than 50 000 tonnes of compound feedingstuffs in a calendar year, and
-
3.
-
ten million euro if the feed business operator is likely to manufacture more than 50 000 tonnes of compound feedingstuffs in a calendar year,
In each case for all insurance cases of an insurance year. (2) The insurance cover can exclude claims for compensation, the exclusion of which in the context of existing operating and product liability insurance in the compound feedingstuffs area (3) In the cases referred to in the third sentence of the third sentence of paragraph 1, the minimum amount of insurance shall be EUR 2 million if the insurance completed is supplemented by another insurance scheme in accordance with the second sentence of the second sentence. The sum insured under supplementary insurance must be at least 30 million euros for all insurance cases of an insurance year for the feed business operators in the benefit of this insurance policy. (4) Paragraph 1, first sentence, shall not apply to a holding in so far as it is the compound feedingstuffs
-
1.
-
produced exclusively from products of plant origin obtained by themselves, without the use of feed additives or premixtures, and
-
2.
-
to an establishment that
-
a)
-
animals with the aim of obtaining food from them, and
-
b)
-
This compound feedingstuff is fed in its own operation.
A case of paragraph 1 of the first sentence shall also be available if the compound feedingstuffs have been produced using supplementary feedingstuffs. (5) The insurer shall have the competent authority pursuant to Article 38 (1), first sentence, in the district of which the The insured person shall have his registered office or, in so far as the insured person has no registered office in the country, his establishment, the commencement and termination or termination of the insurance contract, as well as any change in the insurance contract, which shall be the prescribed Insurance coverage shall be notified without delay. The competent authority referred to in the first sentence shall provide third parties with information on the name and address of the feed business operator ' s insurance and the insurance number on the basis of claims for compensation on request, where the (6) The competent authority referred to in the first sentence of paragraph 5 shall be the competent authority within the meaning of Section 117 (2) of the Insurance Contracts Act.
Footnote
(+ + + § 17a: For application cf. § 75 + + +)
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Section 18 Prohibition of feed and of authorisations
(1) The feeding of fats from warm-blooded farmed animals and fish, as well as of compound feedingstuffs containing these individual feedingstuffs, to farmed animals, to the extent that they are ruminants, shall be prohibited. The prohibition of sentence 1 shall not apply to milk and milk products. Provisions relating to the feeding of food and kitchen waste shall remain unaffected. The feed bans shall also remain unaffected in accordance with Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies 1. 1), as amended. (2) By way of derogation from animal health rules on intra-Community movement and export, feedingstuffs within the meaning of paragraph 1 shall not be allowed to:
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1.
-
other Member States, or
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2.
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States Parties to the Agreement on the European Economic Area or other third countries
(3) The Federal Ministry shall be authorized by means of a regulation with the consent of the Federal Council,
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1.
-
in so far as it is necessary for the purposes referred to in Article 1 (1) (1) or (4) or (2), also in conjunction with Article 1 (3), the prohibitions referred to in paragraphs 1 and 2 to be prohibited from the feed referred to in the first sentence of paragraph 1; or to extend animals in whole or in part, or
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2.
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in so far as it is compatible with the purposes referred to in Article 1 (1) (1) or (4) or (2), also in conjunction with Article 1 (3), to allow exceptions to the prohibitions referred to in paragraphs 1 and 2.
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§ 19 prohibitions on protection against deception
It shall be prohibited to place on the market feed, whose labelling or presentation does not comply with the requirements of Article 11 (1) of Regulation (EC) No 767/2009, or to promote such feedingstuffs in general or on a case-by-case basis.
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Section 20 Prohibition of disease-related advertising
(1) It is prohibited to use, in general or in individual cases, statements to be used in the transport of feed additives or premixes or in advertising for them in general or in individual cases;
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1.
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on the elimination or alleviation of diseases, or
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2.
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on the prevention of such diseases, which are not a consequence of poor nutrition,
(2) The prohibition referred to in paragraph 1 (2) does not refer to statements concerning feed additives or premixtures to the extent that these statements correspond to the intended purpose of those substances. (3) Article 13 (3) of Regulation (EC) No 767/2009 remains unaffected.
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Section 21 Further prohibitions and restrictions
(1) Premixtures may not be placed on the market if they do not comply with a requirement laid down by the Regulation on the basis of authorisations pursuant to this Section. (2) Single feedingstuffs or compound feedingstuffs may not be used. shall be placed on the market if they do not comply with a requirement laid down by the Regulation on the basis of authorisations pursuant to this Section. (3) Where nothing else is determined in the second sentence, feedingstuffs shall be allowed to:
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1.
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during their manufacture or treatment
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a)
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a feed additive to the category of coccidiostats and histomonostats referred to in Article 6 (1) (e) of Regulation (EC) No 1831/2003, or
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b)
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a feed additive to a category other than the one referred to in Article 6 (1) (e) of Regulation (EC) No 1831/2003
has been used,
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2.
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the one by
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a)
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a legal regulation in accordance with Section 23 (1),
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b)
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a legal regulation in accordance with Section 23a (1),
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c)
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a legal regulation in accordance with Section 23a (3),
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d)
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a legal regulation pursuant to section 23a (11)
do not comply with the requirement, or
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3.
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which do not comply with the requirements of Article 18 (1), including in conjunction with Article 20 (1), Regulation (EC) No 396/2005,
are not placed on the market and are not fed. The first paragraph of point 1 shall not apply where the feed additive used is authorised by an act of direct effect of the European Community or of the European Union and the feed additive used or the feed used a requirement laid down in this directly applicable act or in Regulation (EC) No 1831/2003, provided that such a requirement has been fixed there. By way of derogation from the first sentence, feed shall be allowed in the cases of the first sentence
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1.
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Point 2 (b) and
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2.
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Point 2 (c), in so far as a minimum level fixed in accordance with Article 23a (3) is undershot,
shall be fed. The Federal Ministry is empowered to comply with the Federal Council's agreement with the consent of the Bundesrat, insofar as it is compatible with the purposes specified in § 1 (1) (1), (2) or (4), also in conjunction with § 1 (3), respectively,
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1.
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by way of derogation from point 2 (a) and (b) of the first sentence, to authorise the distribution of feedingstuffs in certain cases or for certain purposes and, where necessary, to make a decision dependent on a permit;
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2.
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To allow exceptions to the prohibition in the first paragraph of sentence 3 or Article 18 (1) of Regulation (EC) No 396/2005.
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Section 22 Authorisations for the protection of health
The Federal Ministry shall be authorized, by means of a regulation with the consent of the Federal Council, to the extent necessary for the fulfilment of the purposes referred to in Article 1 (1) (1), also in conjunction with paragraph 3, in the manufacture or treatment of to prescribe, prohibit or restrict the use of certain substances or processes in feedingstuffs.
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Section 23 Further appropriations for the protection of health
The Federal Ministry is empowered to comply with the provisions of the Federal Council by means of a decree-law with the consent of the Federal Council, insofar as it requires the fulfilment of the purposes specified in § 1 (1) (1), (2), (3) (b) or (4), in connection with § 1 (3) is,
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1.
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to fix the maximum level of undesirable substances,
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2.
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to lay down the hygienic requirements which ensure the proper quality of the feedingstuffs from their production to the feeding,
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3.
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to place requirements on the nature and equipment of rooms, installations and containers in which feed is produced or treated,
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4.
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the fitting, cleaning or disinfection of the spaces, installations or containers referred to in point 3, the means of transport used for the transport of feedingstuffs, the containers and equipment used in such transport, and the means of transport used for the transport of feedingstuffs, to regulate loading places and the management of proof of cleaning and disinfection,
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5.
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prohibit or restrict the use or placing on the market of objects intended to be used in the manufacture, treatment, placing on the market or feeding of feedingstuffs, and in the process with feedingstuffs in come into contact with or affect them when it is to be feared that non-safe parts of a substance will pass into a feedingstuff,
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6.
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prohibit or restrict the use or the placing on the market of materials or articles intended to be used in the holding of food-producing animals, in contact with those animals, in which it cannot be excluded that they will be taken up by animals if it is to be feared that there is a risk that there will be no safe substance in the substance
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a)
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to the animal, which may result in a traffic ban on the food obtained from these animals, or
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b)
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on the animal and may cause damage to the health of the animal.
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Section 23a-Authorisations for the protection of animal health and the promotion of animal production
The Federal Ministry is empowered to comply with the Federal Council's agreement by means of a decree-law with the consent of the Federal Council, in so far as it is required to fulfil the purposes specified in § 1 (1) (2), (3) (b) or (4), in connection with § 1 (3) is,
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1.
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to fix the maximum residue levels;
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2.
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to set action limit values for undesirable substances,
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3.
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to fix the content or maximum content of feed additives in individual feedingstuffs or compound feedingstuffs,
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4.
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to set the uses for dietary feedingstuffs,
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5.
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to authorise feed additives for certain other feed, provided that feed additives are subject to authorisation in accordance with other requirements,
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6.
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to allow substances intended for the prevention of certain prevalent diseases of animals to be used as feed additives,
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7.
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to the effect that certain substances may not be placed on the market and not fed as individual feedingstuffs or compound feedingstuffs,
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8.
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the production, feeding, placing on the market or use of certain feedingstuffs or the use of substances for the production of feedingstuffs
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a)
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to ban,
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b)
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,
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c)
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be subject to authorisation, as well as the conditions and the procedure for authorisation, including the glory of authorisation,
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d)
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be made dependent on requirements for certain feedingstuffs with regard to their effects on other feedingstuffs and animal production, in particular with regard to their efficacy, purity, durability, composition and technological nature, its content, its energy value, its nature or its composition,
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9.
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to set a withdrawal period for certain individual feedingstuffs or compound feedingstuffs and to prescribe that animal products may not be obtained as foodstuffs within this waiting period,
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10.
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Requests to
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a)
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feed additives or premixtures with regard to their effects on the individual feedingstuffs or compound feedingstuffs and animal production, in particular with regard to their effectiveness, purity, durability, composition and the technological nature,
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b)
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Individual feedingstuffs or compound feedingstuffs with regard to their content of certain ingredients, their energy value, their nature and their composition
to set up
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11.
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for the manufacture or treatment of feedingstuffs, to prescribe, prohibit, restrict or make an authorisation subject to the use of certain substances or objects or the use of certain procedures.
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§ 24 Guarantee for certain requirements
The seller of a feed shall be responsible for ensuring that the feed complies with the requirements referred to in Article 4 (2), first subparagraph, point (a) of Regulation (EC) No 767/2009.
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Section 25 Participation of certain authorities
The Federal Ministry is authorized to do so by means of a decree law which does not require the consent of the Federal Council, insofar as it is necessary for the fulfilment of the purposes specified in § 1 (1) (1) or (4), also in conjunction with § 1 (3), respectively, the participation of the Federal Office for Consumer Protection and Food Safety or the Federal Institute for Risk Assessment as well as the nature and extent of such participation in the case of the acts of the European Community or of the European Union provided for
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1.
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the inclusion of a feed in an annex to a legislative act of the European Community or of the European Union,
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2.
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the fixing of a use for feedingstuffs,
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3.
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Implementation of Community or Union inspection or survey programmes
to the rules.
Section 4
Transport by cosmetic products
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Section 26 prohibitions on the protection of health
It is forbidden,
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1.
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to produce or treat cosmetic products for others in such a way that they are suitable, in the case of intended or pre-intended use, to cause damage to health,
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2.
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Substances or mixtures of substances which, in the case of intended or pre-intended use, are liable to cause damage to health, to be placed on the market as cosmetic products.
The intended or intended use shall be assessed, in particular, by using the presentation of the substances, substances and mixtures of substances referred to in the first sentence, their labelling, where necessary, of the instructions for their use and the instructions for their removal and any other information or information accompanying the substance, substances or preparations from substances, or information provided by the manufacturer or the product for the placing on the market of cosmetic products Responsible.
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Section 27 Rules relating to protection against deception
(1) It is prohibited to place cosmetic products on the market under misleading names, indications or presentation or to advertise for cosmetic products in general or in individual cases with misleading representations or other statements. In particular, misleading information shall be provided where:
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1.
-
have been added to a cosmetic product which, according to scientific findings, does not provide it or which are not scientifically sufficiently secured;
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2.
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by the name, indication, presentation, presentation or other statement is falsely given the impression that a success can be expected with certainty,
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3.
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for the deception of suitable names, particulars, representations, representations or other statements about
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a)
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the person, preformation, qualification or success of the manufacturer, the inventor or the persons working for them,
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b)
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Properties, in particular on the nature, composition, composition, quantity, durability, origin or type of manufacture
shall be used,
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4.
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a cosmetic product is not suitable for the intended use.
(2) The provisions of the law on advertising in the field of healing remain unaffected.
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Section 28 Authorisations for the protection of health
(1) The Federal Ministry shall be authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a legal regulation with the consent of the Federal Council, insofar as it is to fulfil the provisions of section 1, paragraph 1, point 1, also in conjunction with § 1 , paragraph 3 shall be required;
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1.
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to make requirements for the microbiological characteristics of certain cosmetic products,
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2.
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for cosmetic products, which comply with the rules laid down in Article 32 (1) (1) to (5) and (8) for consumer goods.
(2) Cosmetic products which do not comply with a legal regulation adopted pursuant to paragraph 1 (1) or (1) (2) in conjunction with Article 32 (1) (1) to (4) (a) or (5) may not be placed on the market. (3) The Federal Ministry of Economics and Technology is authorized, in agreement with the Federal Ministry of Economics and Technology, by ordinance with the consent of the Federal Council, in so far as it is responsible for medical treatment in the event of health impairments, the may be due to the effect of cosmetic products,
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1.
-
require the manufacturer or the person who places the cosmetic product on the market to provide the Federal Office of Consumer Protection and Food Safety with certain information on the cosmetic product, in particular information on its identification, its uses, the substances contained in the cosmetic product and the quantity thereof, and any modification thereof, and the details of the form, content, design and timing of the to determine communications,
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2.
-
to determine that the Federal Office of Consumer Protection and Food Safety (Bundesamt für Consumer Protection and Food Safety) is to specify the information given in point 1 on the medical facilities to be recorded by the countries, the findings on the health effects of cosmetic products collect and evaluate and, in the case of substance-related health impairments, can provide assistance (information and treatment centres for poisoning) through advice and treatment;
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3.
-
to determine that the information and treatment centres for poisoning report to the Federal Office for Consumer Protection and Food Safety on the findings of its activities, which are intended for advice and treatment of substance are of general concern related to health effects.
The information referred to in the first and second sentences of the first sentence shall be treated confidentially and shall be used only for the purpose of responding to requests for the treatment of adverse health effects. Detailed rules on confidential treatment and earmarking as set out in the second sentence of the second sentence of the first sentence of the first sentence of the first sentence of the first sentence may be adopted.
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Section 29 Further appropriations
(1) The Federal Ministry is authorized, in agreement with the Federal Ministry of Economics and Technology, by legal regulation with the consent of the Federal Council, insofar as it is in compliance with the provisions of § 1 (1) (1) or (2), in each case also in the connection with § 1 (3) is required;
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1.
-
require the manufacturer or the importer to provide certain information, in particular on the production, placing on the market or the composition of cosmetic products, on the substances used in this case, on the effects of cosmetic products, on the effects of cosmetic products and on the use of cosmetic products. Resources and the evaluations resulting from the health evaluation of cosmetic products, and on those responsible for the evaluation of the authorities responsible for the monitoring of transport by cosmetic products as well as the place and details of the manner in which the To determine travel time
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2.
-
require the manufacturer or importer to communicate to the authorities responsible for monitoring the transport by cosmetic products, as specified in paragraph 1,
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3.
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, certain requirements and procedures for the determination and assessment of the health safety of cosmetic products, and the preparation, treatment and placing on the market of cosmetic products depending on the situation,
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4.
-
require the manufacturer or importer to provide certain information on:
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a)
-
the quantitative or substantive composition of cosmetic products; or
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b)
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Side effects of cosmetic products on human health
shall be easily accessible to the public in an appropriate manner, in so far as the information does not relate to business or trade secrets.
(2) The Federal Ministry shall also be authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a regulation with the consent of the Federal Council, to the extent that
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1.
-
to the fulfilment of the purposes referred to in Article 1 (1) (2), also in conjunction with Article 1 (3), to require that cosmetic products do not fall under certain designations, particulars or arrangements which are suitable for misleading purposes; be allowed to be placed on the market and may not be advertised for certain representations or other statements which may be misled,
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2.
-
to the fulfilment of the purposes set out in Article 1 (1) (1), (2) or (3) (a), also in conjunction with Article 1 (3), to prohibit or restrict the placing on the market of cosmetic products.
Section 5
Transport of other consumer goods
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Section 30 prohibitions on the protection of health
It is forbidden,
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1.
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to produce or treat needs for others in such a way that they are suitable for use in the intended or pre-intended use, and that the health is due to its composition, in particular by means of toxicologically active substances, or by impurities,
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2.
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Articles or means likely to damage health by its composition, in particular by means of toxicologically active substances or impurities, when used in the intended or pre-intended use, as to place supplies on the market,
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3.
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to use, in the manufacture or treatment of foodstuffs, goods within the meaning of Article 2 (6), first sentence, point 1, in such a way that the goods are suitable for the purpose of damaging the health of foodstuffs when they are taken up.
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Section 31 Transition of substances to food
(1) It shall be prohibited to use materials or objects within the meaning of Article 2 (6), first sentence, point 1, which do not comply with the requirements laid down in Article 3 (1) of Regulation (EC) No 1935/2004, as commodities. (2) The Federal Ministry shall be authorized to comply with the provisions of the Federal Council with the consent of the Federal Council, in so far as it is required to comply with the provisions of Section 1 (1) (1) or (2), in connection with Section 1 (3) of this Regulation, in connection with the provisions of Article 1 (3) shall be required
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1.
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to require that materials or objects as commodities within the meaning of section 2 (6), first sentence, point 1, be manufactured only in such a way that they do not contain substances on foods under the usual or foreseeable conditions of use or the surface thereof in quantities that are suitable,
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a)
-
to endanger human health,
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b)
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to affect the composition or smell, taste or appearance of the food;
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2.
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for certain substances in consumer goods, to determine whether and in which certain proportions the substances may be transferred to food.
Materials or articles which do not comply with the requirements of the first sentence of sentence 1 may not be used or placed on the market as commodities within the meaning of § 2 (6), first sentence, point 1. (3) It shall be prohibited to use food products which: have been produced or treated as food products on the market, using a supply of materials referred to in paragraph 1.
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Section 32 Authorisations for the protection of health
(1) The Federal Ministry shall be authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a legal regulation with the consent of the Federal Council, insofar as it is to fulfil the provisions of section 1, paragraph 1, point 1, also in conjunction with § 1 , paragraph 3 shall be required;
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1.
-
prohibit or restrict the use of certain substances, groups of substances or mixtures of substances in the manufacture or treatment of certain supplies,
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2.
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require that only certain substances may be used for the production of certain goods or parts of them,
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3.
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prohibit or restrict the use of certain procedures in the manufacture of certain supplies,
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4.
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to set maximum levels for substances which
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a)
-
be able to act on or transfer from certain consumer goods to consumers, or
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b)
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which may be present in or on the production, treatment or placing on the market of certain supplies,
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5.
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lay down purity requirements for certain substances used in the manufacture of certain materials;
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6.
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to adopt provisions relating to the mode of operation of items of demand within the meaning of Article 2 (6), first sentence, point 1;
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7.
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require that certain goods within the meaning of Article 2 (6), first sentence, points 3 to 6 may be placed on the market only if certain requirements for their microbiological nature are met,
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8.
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in the case of traffic with certain items of goods, to prescribe warnings, other warning arrangements, safety precautions or instructions for the behaviour in the event of accidents.
(2) Items which do not comply with a regulation adopted pursuant to points 1 to 4 (a), (5) or (6) of paragraph 1 shall not be placed on the market.
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Section 33 Rules relating to protection against deception
(1) It shall be prohibited to place on the market materials or objects within the meaning of Article 2 (6), first sentence, point 1, under the misleading description, indication or presentation, or in the case of transport with such items of supplies in general or in the (2) The Federal Ministry is authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a legal regulation with the consent of the Federal Council, to the extent that: to fulfil the obligations referred to in Article 1 (1) (2), also in conjunction with Section 1 (3), Whereas it is necessary to require that other goods other than those referred to in paragraph 1 may not be placed on the market in the form of a misleading description, indication or presentation, or in general or in the case of such items; Individual cases shall not be conserved with misleading representations or other statements and shall determine the details of such statements.
Section 6
Common rules for all products
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Section 34 Authorisations for the protection of health
The Federal Ministry of Economics and Technology is authorized, in agreement with the Federal Ministry of Economics and Technology, by ordinance with the consent of the Federal Council, to the extent that it is in compliance with the provisions of § 1 (1) (1), also in conjunction with § 1 paragraph 3, the manufacture, treatment, use or, subject to the first sentence of Article 13 (5), the placing on the market of certain products
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1.
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, as well as to regulate the measures necessary for this purpose, in particular the freezing and destruction of such products,
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2.
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and, in particular, to prescribe that the products are manufactured only by certain establishments or subject to certain health requirements, shall be treated or placed on the market,
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3.
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be subject to approval, registration or approval,
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4.
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depending on an ad,
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5.
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the conditions and the procedure for the authorisation, registration and authorisation referred to in point 3, including the glory of the authorisation, registration or authorisation,
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6.
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to regulate the procedure for the notification referred to in point 4 and for the verification of certain requirements of the product, and to regulate the measures to be taken if the product meets the requirements of this law or of the requirements of that law; Law does not comply with legal regulations
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7.
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depending on the proof of specific expertise, including the carrying out of assessments which result in the health assessment of a product.
In a legal regulation according to the first sentence of 1 (5) or (6) it can be determined that the competent authority for the implementation of an authorisation, approval, registration or notification procedure is the Federal Office for Consumer Protection and Consumer Protection. Food safety.
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Section 35 Appropriations for protection against deception and information
The Federal Ministry of Economics and Technology is authorized, in agreement with the Federal Ministry of Economics and Technology, by legal regulation with the consent of the Federal Council, insofar as it is also in connection with the fulfilment of the provisions of § 1 (1) (2) or (3), respectively. is required by Article 1 (3),
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1.
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the content, nature and extent of the labelling of products when they are placed on the market or treated, and in particular:
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a)
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the indication of the name, mass or volume, and
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b)
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Information on
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aa)
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the content, in particular on the composition, nature, ingredients or energy values,
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bb)
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the manufacturer, the person responsible for placing the product on the market, the use of procedures, the date or manner of manufacture, the shelf-life, the origin, the preparation, the intended use or, for certain products, a Wait Time
to prescribe
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2.
-
to certain products to require that:
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a)
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they must be placed on the market only in packs, containers or other envelopes, whether or not closed or of a specific nature, and in so doing to regulate the nature or security of a closure,
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b)
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indicate the contents of the storage vessels or similar containers in which products are kept in stock or otherwise held for sale;
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c)
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indicate for them certain storage conditions,
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3.
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to adopt, for certain products, provisions relating to the manufacture or treatment of certain products,
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4.
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to specify, for certain products, certain variations in certain prescribed indications,
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5.
-
require that the person producing, treating, introducing or placing certain products on the market shall keep certain information available, in particular on the use of the products, or at the request of the competent authority, at the request of the competent authority. , as well as the content, nature and limitations of the holding.
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§ 36 Authorisations for operational controls and measures
The Federal Ministry of Economics and Technology is authorized, in agreement with the Federal Ministry of Economics and Technology, by ordinance with the consent of the Federal Council, to the extent that it is to comply with the provisions of § 1 (1) (1) or (4) (a) (a) aa, also in conjunction with § 1 (3), is required;
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1.
-
require that establishments producing, treating or placing certain products on the market must carry out certain operational controls and measures, as well as the establishment or training of persons, in the necessary hygiene and have evidence of that, and that companies are subject to certain audit and notification obligations,
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2.
-
rules on the nature, scope and frequency of the controls and measures referred to in point 1, and the evaluation and communication of the results of the checks,
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3.
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to regulate the nature, form and content of the documents referred to in paragraph 1 and the duration of their retention,
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4.
-
require that establishments producing, treating or placing certain products on the market, or laboratories commissioned by such establishments, in carrying out microbiological tests in the context of on-site inspections, shall be required to: In addition, the competent authority shall be required to keep the examination material in question and hand it out to the competent authority upon request, as well as to regulate the appropriate manner and the duration of storage and use of the material to be examined.
The first sentence shall apply to food undertakings in which live animals are kept within the meaning of Article 4 (1) (1). A communication based on a legal regulation referred to in the second sentence of sentence 1, or a statement of inquiry material on the basis of a legal regulation referred to in the first sentence of sentence 1, shall not be subject to the criminal prosecution of the co-participant or the person responsible for the suspension of the investigation. or for a procedure under the Law on Administrative Offences against the Contributor Or Hangout.
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Section 37 Further appropriations
(1) The Federal Ministry is authorized, in agreement with the Federal Ministry of Economics and Technology, by legal regulation with the consent of the Federal Council, insofar as it is in compliance with the provisions of § 1 (1) (1), (2) or (4), in each case also in the connection with § 1 (3) is required;
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1.
-
require that establishments producing, treating, placing on the market or using certain products must be recognised, approved or registered, as well as the procedure for the recognition, authorisation or registration, including: of the glory of recognition or admission,
-
2.
-
to determine the conditions under which recognition, authorisation or registration is to be granted.
(2) In the legal regulation referred to in paragraph 1 (2), the production, treatment, placing on the market or use of the product in question may, in particular, be subject to requirements relating to:
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1.
-
the design of installations and installations, in particular with regard to the hygiene requirements to be met for the activity concerned;
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2.
-
the guarantee of the provisions of this Act to be complied with by the undertakings concerned following the recognition, authorisation, registration or certification of this law and of the legal regulations adopted pursuant to this Act,
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3.
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compliance with the rules on occupational health and safety,
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4.
-
the existence of the reliability of the holder or holder of the holder or of the person responsible, appointed by the farmer or the farmer, in respect of the activity concerned,
-
5.
-
the person required for the activity concerned, the holder of the holding or the holder of the holder, or the person responsible, appointed by the farmer or the farmer,
-
6.
-
the production of records and their storage
on the market.
Section 7
Monitoring
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§ 38 Competence, mutual information
1. The responsibility for the surveillance measures under this Act, the legal regulations adopted pursuant to this Act and the acts directly applicable to the European Community or the European Union in the field of application. This law shall be governed by the law of the country, unless otherwise provided in this Act. § 55 remains unaffected. (2) The Division of the Federal Ministry of Defence is responsible for the implementation of this Act, the legal regulations adopted pursuant to this Act and the acts of the European Union which are directly applicable. The Community or the European Union within the scope of this Act shall be the competent authorities and experts of the Bundeswehr. The Federal Ministry of Defence may, in agreement with the Federal Ministry for its business activities, grant exceptions to this Act and to legal regulations adopted pursuant to this Act, if this is necessary for the implementation of the special provisions of this Act. The Federal Armed Forces ' tasks are justified and preventive health protection is upheld. (3) The authorities and authorities of the federal and state governments responsible for the implementation of this law have each other
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1.
-
to communicate to the authorities responsible for the enforcement of the law; and
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2.
-
in support of investigative activities.
(4) Competent authorities
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1.
-
provide information to the competent authority of another Member State on a reasoned request and provide the necessary documents and documents with a view to monitoring compliance with the rules applicable to products and foodstuffs for use in foodstuffs to enable products to be applied;
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2.
-
check all the facts notified by the applicant authority of another Member State, share the result of the examination and inform the Federal Ministry of this.
(5) In accordance with the first sentence of Article 39 (1), the competent authority responsible for compliance with the rules on the marketing of feedingstuffs has reason to believe that feedingstuffs which are suitable for the products derived from farm animals have a view to their compliance with the requirements of the The competent authorities shall inform the competent authority of the competent authorities of the competent authorities of the competent authorities of the competent authorities of the competent authorities. (6) The competent authorities shall inform the competent authority of the competent authority of the competent authorities. authorities of another Member State shall provide all the facts and facts relating to the Monitoring of compliance with the rules applicable to products and products of interchangeable products in that Member State, in particular in the event of infringements and in the event of suspicion of infringements of products (7) The competent authorities may, in so far as is necessary to comply with the requirements of this Act or of the legal regulations adopted pursuant to this Act, or through Acts of the European Community or of the European Union is required to communicate to other competent authorities in the same country, to the competent authorities of other countries, to the federal or other Member States or to the European Commission (8), data which they have obtained in the course of surveillance. Information, communications and transmission of documents and documents relating to food and animal feed controls referred to in paragraphs 4, 6 and 7 shall be provided provided that they are other States Parties to the Agreement on the European Economic Area as Member States, to the European Commission.
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Section 38a Transmission of data on Internet trade
(1) The Federal Central Office for Taxes shall, in accordance with the provisions of sentence 2 or 3, transmit in support of the monitoring of compliance with the provisions of the Länder
-
1.
-
this law,
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2.
-
the legal regulations adopted pursuant to this Act; and
-
3.
-
of the acts directly applicable to the European Community or of the European Union within the scope of this Act
the competent authorities of the countries, at their request, the data available to him from the observation of electronically supplied services in accordance with Article 5 (1) (17) of the Financial Management Act concerning undertakings subject to that law Offer products or products interchangeable with food on the Internet. The requirements are to be addressed to the Federal Central Office for Taxes via the Federal Office for Consumer Protection and Food Safety; the Federal Central Office for Taxation shall transmit the data to the Federal Office for Consumer Protection and Consumer Protection Food safety, which forwards the data to the requesting authorities. To the extent that countries set up a common body for the purpose of the first sentence, the request shall be made by that body and the data referred to in the first sentence shall be transmitted to that body; this body shall forward the data transmitted to the competent authority. (2) Data within the meaning of the first sentence of paragraph 1 are:
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1.
-
the name, address and telecommunications information of the company;
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2.
-
the unique ordering feature, the domain information and the land map,
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3.
-
the products concerned or products which are interchangeable with foodstuffs.
(3) The Federal Office for Consumer Protection and Food Safety and the body within the meaning of the third sentence of paragraph 1 shall delete the data transmitted to them without delay after the transfer to the competent authorities. The competent authorities shall delete the data in so far as they are no longer required, but at the latest by the end of the third year following the transmission to them. The period laid down in the second sentence shall not apply if longer storage is required on account of a pending cashing procedure, public prosecutor's investigation or judicial proceedings; in this case, the data shall be final (4) The Federal Ministry is authorized, in agreement with the Federal Ministry of Finance, to settle the details of the data transfer procedure by means of a legal regulation with the consent of the Federal Council.
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Section 39 The task and measures of the competent authorities
(1) The monitoring of compliance with the provisions of this Act, the legal regulations adopted pursuant to this Act and the acts directly applicable to the European Community or the European Union in the field of application of this Act Law on products and live animals within the meaning of Article 4 (1) (1) shall be the task of the competent authorities. To this end, they have to be persuaded by regular inspections and sampling that the rules are complied with. (2) The competent authorities shall take the necessary measures and measures to identify or to clear up the a reasonable suspicion of a breach or the removal of established infringements or the prevention of future infringements, as well as the protection against risks to health or deception, are necessary. They may in particular:
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1.
-
shall order that the person who produced, treated or placed on the market a product or intends to do so,
-
a)
-
carry out an examination or have it carried out and inform the outcome of the examination,
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b)
-
you see the receipt of a product,
if there is reason to believe that the product is in accordance with the provisions of this Act, the legal regulations adopted pursuant to this Act or the acts directly applicable to the European Community or the European Union in the the scope of this Act is not in accordance with
-
2.
-
prohibit temporarily that a product is placed on the market until the result of a sample taken or a test carried out in accordance with point 1 is available,
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3.
-
prohibit or restrict the production, treatment or placing on the market of products,
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4.
-
monitor or, if necessary, order a measure to prevent a product which has not yet reached the consumer from being placed on the market by other operators (withdrawal), or on the return of a product placed on the market which has already reached or may have reached the consumer or the user (recall),
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5.
-
Products, including provisionally, shall ensure and, where this is necessary to achieve the purposes referred to in Article 1 (1) (1) or (4) (a) (aa) or (2), always in connection with Article 1 (3) respectively, which are arrange for the destruction of the products,
-
6.
-
prohibit or restrict the movement of products, including live animals within the meaning of Article 4 (1) (1), into the territory of the country on a case-by-case basis, if:
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a)
-
the Federal Republic of Germany has been authorized by the Commission to do so, and this has been notified by the Federal Ministry in the Federal Gazette, or
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b)
-
facts which suggest that the products or live animals present a risk to human or animal health,
-
7.
-
ensure that those persons who may be exposed to a risk from a product placed on the market are informed in a timely manner of such danger,
-
8.
-
Arrangements for enforcing the obligation of the food business operator to inform the consumer in accordance with Article 19 of Regulation (EC) No 178/2002 and the obligation of the feed operator to inform the users referred to in Article 20 of the Regulation (EC) No 178/2002, and
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9.
-
inform the public in accordance with § 40.
Article 54 (1) and (2) of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to verify compliance with food and feed law and the provisions relating to: Animal health and animal welfare (OJ L 327, OJ L 165, 30.4.2004, p. 1, L 191, 28.5.2004, p. 1, L 204, 4.8.2007, p. 29), as last amended by Regulation (EU) No 517/2013 (OJ L 164, 30.4.2013, p. 1), without prejudice to measures taken in the event of an infringement. (3) An arrangement in accordance with
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1.
-
The second sentence of paragraph 2, points 3 and 5, may also apply with regard to the use of an authorised product in so far as this is necessary in order to avert an imminent threat to human health; the order is to be limited to the competent authority shall decide on the further authorisation of the product concerned,
-
2.
-
The second sentence of paragraph 2 (1) to (3) and (5) may also be carried out with regard to the feeding of a feed.
(4) Paragraphs 1 and 2, sentences 1 and 2, and § 40 shall apply to products which are interchangeable with food. (5) For the purpose of reducing or eliminating the causes of a substance which is not intended to be harmful to health, in or on a substance. Where food is included, the competent authorities shall carry out investigations with the aim of exceeding the trigger values set out in point (7) of Article 13 (1) (7) or the second sentence of Article 13 (5), point (2) of the Regulation. to determine the causes of the presence of the substance which is not desirable. To the extent necessary, the competent authority may order the necessary measures to reduce or eliminate the causes of the presence of the substance which has not been considered to be health. In doing so, it may also arrange for the economic operator to carry out an investigation himself or to arrange for it to be carried out and to inform the outcome of the investigation. The competent authorities inform the Federal Ministry, in the case of a regulation pursuant to Section 13 (5) sentence 1, point 2, also the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, or in the case of a legal regulation pursuant to § 72 sentence 2 The Federal Office of Consumer Protection and Food Safety shall immediately determine the causes of the presence of the substance not desired for health and the measures to be taken to reduce or eliminate these causes. Purpose of informing the Commission and the other Member States. (6) For the purpose of the reduction or elimination of the causes of undesirable substances in feedingstuffs shall be carried out by the competent authorities if the maximum levels of undesirable substances or limit values for action have been exceeded, Investigations with the aim of determining the causes of the presence of undesirable substances. To the extent necessary, the competent authority may order the measures necessary to reduce or eliminate the causes of the presence of undesirable substances. In doing so, it may also arrange for the economic operator to carry out an investigation himself or to arrange for it to be carried out and to inform the outcome of the investigation. The competent authorities inform the Federal Ministry or, in the case of a legal regulation pursuant to § 72 sentence 2, the Federal Office of Consumer Protection and Food Safety immediately on identified causes for the presence of undesirable substances and the measures to be taken to reduce or eliminate these causes, for the purpose of informing the Commission and the other Member States. (7) Opposition and action against orders for the implementation of prohibitions pursuant to
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1.
-
Article 14, paragraph 1, in conjunction with paragraph 2 (a) of Regulation (EC) No 178/2002,
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2.
-
Article 15 (1), in conjunction with paragraph 2, first indent of Regulation (EC) No 178/2002, or
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3.
-
§ 5, § 17 (1), first sentence, number 1, § 26 or § 30
(7a) If a necessary arrangement or any other necessary measure cannot be taken on the basis of paragraphs 2 to 4 in individual cases, further regulations of the Länder, including the Regulations in the field of police law, on the basis of which such an arrangement or measure can be taken. (8) The Federal Ministry is authorized, by way of derogation from the first sentence of the first sentence of paragraph 1, by means of a legal regulation with the consent of the The Federal Council, in so far as it is in accordance with Article 1 (1) (1) (1) and (2), also in In accordance with Article 1 (3), it is compatible to determine that the competent authority in the case of wild boar or other carnivorous animals which can be carriers of trichinae in which no characteristics are found , which make the meat appear to be of concern for consumption,
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1.
-
a hunting practising person for his or her hunting district, or
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2.
-
a hunter who has been allowed hunting by the hunting practising person,
in whose person the conditions laid down in Article 1 (3) (a) or (e) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for foodstuffs of animal origin Origin (OJ 55, L 204, 4.8.2007, p. 26, L 46, 21.2.2008, p. 50, L 119, 13.5.2010, p. 26, L 160, 12.6.2013, p. 15), as last amended by Regulation (EU) No 218/2014 (OJ L 139, 30.4.2004, p. 95), the collection of samples for examination on trichinae and the labelling may be carried out. The legal regulation referred to in the first sentence shall lay down the conditions and the procedure for the transfer and monitoring of compliance with the rules.
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Section 40 Information to the public
(1) The competent authority shall inform the public of the name of the food or feed and of the food or feed company under whose name or company the food or feed is produced or , and, where the security is more appropriate, shall also inform the placing on the market of the placing on the market, in accordance with the provisions of Article 10 of Regulation (EC) No 178/2002. Information to the public in the manner referred to in the first sentence shall also be provided, subject to paragraph 1a, where:
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1.
-
there is a reasonable suspicion that a cosmetic or an item of goods may pose a risk to human health,
-
2.
-
there are reasonable grounds for suspecting that there has been a breach of rules within the scope of this law, which are intended to protect consumers from health risks,
-
3.
-
there is sufficient evidence, on a case-by-case basis, that a product poses a risk to safety and health or has been presumed to be present and, on the basis of insufficient scientific knowledge or for other reasons, the that uncertainty cannot be fixed within the time required;
-
4.
-
a non-health food, in particular an oily food, which is unsuitable for human consumption, has not been placed on the market or has been placed on the market or if such a foodstuff is, in its own nature, only in small quantities quantities, but have been placed on the market for a longer period of time,
-
4a.
-
the fact that there are reasonable grounds for suspecting that the provisions of this law, which are intended to protect consumers from deception, have not only been infringed to an insignificant degree,
-
5.
-
the circumstances of the individual case justify the assumption that the product to be objectionable without the name of the product to be objectionable and, if necessary, the economic operator or the placing on the market, under whose name or company the product is produced, or has been dealt with or has been placed on the market, significant disadvantages cannot be avoided for the producers or distributors of similar or similar products.
In the cases referred to in the second sentence of the second sentence of paragraph 3 to 5, public information shall be admissible after consideration of the interests of the persons concerned with the interests of the public on publication. (1a) The competent authority shall inform the public the name of the food or feed, and the name of the food or feed company under whose name or company the food or feed is produced or treated or put into circulation where the second sentence of Article 39 (1) is based on the facts, in the case of rehearsals, The basis for at least two independent investigations carried out by bodies referred to in Article 12 (2) of Regulation (EC) No 882/2004, where there are reasonable grounds for suspecting that:
-
1.
-
permitted limit values, maximum levels or maximum levels laid down in the scope of this law, or
-
2.
-
against other provisions within the scope of this Act, which serve to protect consumers from health hazards or to deception or compliance with hygienic requirements, to an extent which is not only insignificant. or has been repeatedly breached, and the imposition of a fine of at least three hundred and fifty euros is to be expected.
(2) Information to the public referred to in paragraph 1 by the Authority shall be permitted only if other equally effective measures, in particular information to the public by the food or feed business operator or by the public authorities, shall be permitted. Economic operators, whether or not taken in time, or who do not reach consumers. Without prejudice to the first sentence, the Authority may, for its part, open the
-
1.
-
information to the public or
-
2.
-
a withdrawal or recall action
by the food or feed business operator or by other economic operators. The Authority may, under the conditions set out in the first sentence, also inform the public of another authority, insofar as the legitimate interests of consumers are affected in their own sphere of competence. (3) Before informing the public in accordance with paragraphs 1 and 1a, the Authority shall consult the manufacturer or the placing on the market, provided that this does not endanger the achievement of the purpose of the measure. Sentence 1 shall not apply in a case referred to in the second sentence of the second or third sentence of paragraph 2. (4) In retrospect, the information given by the Authority to the public as false or the circumstances underlying it shall be deemed to be inaccurate, this shall be the case. , if requested by the economic operator concerned, or if this is necessary in order to safeguard the significant interests of the common good. This notice shall be made in the same manner in which the information is provided to the public. (5) By way of derogation from paragraph 1, the Federal Office for Consumer Protection and Food Safety shall be the competent authority, insofar as it is not in the territory of the country. the product has not been placed on the market in Germany, and
-
1.
-
a case referred to in the first sentence of paragraph 1 on the basis of a notification pursuant to Article 50 of Regulation (EC) No 178/2002 of another Member State, or
-
2.
-
a case referred to in paragraph 1, second sentence, point 1 on the basis of another notification from another Member State
is available.
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Section 41 Measures in the production sector, livestock trading companies and transport undertakings
The competent authority shall, in order to implement Directive 96 /23/EC in a producer, livestock trading company or transport undertaking, investigate the causes of the presence of residues of pharmacologically active substances, or the conversion products thereof and other substances which are likely to be transferred from animals to products derived from them and which may pose a health concern for human beings, if:
-
1.
-
in the case of live animals within the meaning of Article 4 (1) (1) in or out of this establishment or undertaking, or in the case of foodstuffs obtained from them,
-
a)
-
pharmacological substances the use of which is prohibited, or
-
b)
-
the use of substances having a pharmacological effect for animals or fields of application for which the application is excluded,
demonstrated or
-
2.
-
in the case of foodstuffs obtained from live animals within the meaning of Article 4 (1) (1) of that establishment or undertaking, where it has been established that the maximum residue limits laid down for the residues of substances listed in Annex I to Directive 96 /23/EC or whose transformation products are exceeded
have been or have been able to reliably close the facts. The investigation referred to in the first sentence shall also concern certain feedingstuffs intended for the animals referred to in the first sentence of paragraph 1. (2) The competent authority shall have obtained the supply or transport of live animals within the meaning of Section 4 (1) (1) or of the animals concerned. to prohibit food from the holding or undertaking if the conditions laid down in paragraph 1 are met for the investigations which have been provided for there. By way of derogation from the first sentence and the second paragraph of Article 10, the competent authority may, with the consent of the food, supply or transport of live animals within the meaning of Article 4 (1) (1) or of food obtained from them to another establishment or undertaking with the consent of the authorise the operation or the competent authority of that undertaking, in so far as the interests of the investigations are not in conflict and the investigations which are still pending may be carried out there. The competent authority shall waive orders in accordance with the first sentence if the conditions for them are no longer met. (3) The competent authority shall have the killing of a living animal within the meaning of Article 4 (1) (1) of a producer's farm, livestock trading company or transport undertaking and its harmless disposal, where it has been demonstrated, on the basis of an investigation, that:
-
1.
-
Substances listed as banned substances in Annex Table 2 to Commission Regulation (EU) No 37/2010, or
-
2.
-
Substances which, in accordance with the provisions of Article 10 (4) (1) (b) implementing acts of the European Community or of the European Union, do not live in accordance with Article 4 (1) (1) (1) of the Regulation or may be supplied for specific purposes only, verifiably contrary to the provisions of this Regulation, in so far as it is expressly referred to the implementation there,
(4) If the substances referred to in paragraph 3 have been detected in the animal, but not the application thereof, the competent authority shall maintain the prohibition referred to in the first sentence of paragraph 2. By way of derogation from the first sentence and the second paragraph of Article 10, the competent authority may authorise the supply or transport of live animals, subject to the provisions of the third sentence, after obtaining the consent of the authority responsible for the holding or the undertaking of the consignee. The competent authority may authorise the supply or transport of animals to a slaughterhouse only in the case of the detection of substances referred to in paragraph 3 (1) and subject to the condition that:
-
1.
-
a risk to human health by residues is excluded; or
-
2.
-
the person entitled to dispose, by examining each animal, proves that there are no residues of substances whose use is prohibited.
(5) In the event of an order referred to in paragraph 3, the competent authority shall carry out an investigation into residues of a statistically representative number of live animals within the meaning of Article 4 (1) (1) of the operation referred to in paragraph 3. or undertaking undertakings where substances having a pharmacological effect within the meaning of paragraph 3 may have been applied. The holder or the holder of the holding or undertaking shall be entitled to the measures referred to in the first sentence. The selection of animals must be carried out in accordance with internationally accepted scientific principles. (6) The competent authority shall have the killing of all animals within the meaning of Article 4 (1) (1) of the company or undertaking referred to in paragraph 3 of this Article, in which: substances having a pharmacological effect within the meaning of paragraph 3 may have been applied and the destruction of which may be ordered if this application has been demonstrated in at least half of the animals examined in accordance with the first sentence of paragraph 5. The first sentence shall not apply if the person entitled to dispose of the animal in question decides immediately for the examination of each animal in a laboratory which meets the requirements of Article 12 (2) of Regulation (EC) No 882/2004. In the event of a decision taken in accordance with the second sentence, the competent authority shall arrange for the killing and destruction of animals in which substances having a pharmacological effect within the meaning of paragraph 3 have been detected during the investigation. (7) The person in which the measures referred to in paragraphs 3 and 6 have been carried out shall bear the costs of the killing and the destruction of the animals.
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Section 42Implementation of the monitoring
(1) The monitoring of compliance with this law, the legal regulations adopted pursuant to this Act and the acts directly applicable to the European Community or the European Union within the scope of this Act are: to be carried out by professionally trained persons. The Federal Ministry is authorized by the Federal Council with the consent of the Federal Council
-
1.
-
require certain supervision measures to be carried out by a scientifically trained person and, in doing so, require other qualified persons to be provided by the competent authority and subject to the professional supervision of a scientific person. of the person skilled in the art,
-
2.
-
to ensure that, by way of derogation from the first sentence, certain surveillance measures may be carried out by knowledgeable persons,
-
3.
-
Provisions relating to:
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a)
-
adopt the requirements to be applied to the scientifically trained person referred to in paragraph 1 and to the competent persons referred to in paragraph 2,
-
b)
-
professional requirements to be placed on the persons referred to in the first sentence, as well as the procedure for the identification of the subject-matter and the technical requirements.
The State Governments are authorized to issue legal orders in accordance with the second sentence of sentence 2, provided the Federal Ministry does not make use of its power. The State Governments have the power to transfer the authorisation to other authorities by means of a regulation. (2) Where it is necessary to monitor compliance with the acts of the European Community or of the European Union, of this Act and of the is required under this law, the persons responsible for the supervision are empowered, in the event of a risk of default, to all officials of the police,
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1.
-
Land, operating rooms and means of transport, in or on
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a)
-
products manufactured, treated or placed on the market,
-
b)
-
live animals within the meaning of Article 4 (1) (1), or
-
c)
-
feedingstuffs are fed,
, as well as the associated business premises during normal operating or business hours;
-
2.
-
on the prevention of urgent threats to public security and public order
-
a)
-
the land, premises and premises referred to in paragraph 1, even outside the periods referred to therein,
-
b)
-
To enter the living rooms of the information provided pursuant to point 5; the fundamental right of inviolability of the dwelling (Article 13 of the Basic Law) shall be restricted in so far as it is concerned;
-
3.
-
all business writing and data carriers, in particular records, freight letters, production descriptions and documents relating to the substances used in the manufacture, including copies, excerpts, printouts or other documents Reproduction, whether or not of data carriers, to be made or printouts of electronically stored data, as well as the means, equipment and equipment for the carriage of products or live animals within the meaning of Article 4 (1) (1) of this Regulation visit;
-
4.
-
of the means, equipment or equipment for the carriage of products or live animals within the meaning of Article 4 (1) (1) and of the land, operating rooms or spaces referred to in paragraph 1, image recordings or recordings ,
-
5.
-
all necessary information, in particular those relating to the manufacture, treatment, processing of substances and their origin, of natural and legal persons and of non-legal persons ' associations, the to require the placing on the market and the feeding;
-
6.
-
in accordance with § 43 rehearsals or to be taken.
In the case of sentence 1 (4), the following personal data may be recorded or recorded as far as this is necessary to secure evidence:
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1.
-
the name, address and trade mark of the entrepre;
-
2.
-
Names of employees.
The recordings or records shall be destroyed as far as they are no longer required, but at the latest by the end of the third year following their recording or recording. The period laid down in sentence 3 shall not apply if longer storage is required on account of a pending cash-money procedure, public prosecutor's investigation procedure or judicial proceedings, in which case the recordings or recordings shall be (3) Note that a competent authority responsible for the supervision pursuant to Section 38 (1), first sentence, of the facts is aware of the reason for the assumption that the consumption of a foodstuff in the Transport has been brought, a communicable disease within the meaning of section 2 (3) of the The competent authority competent pursuant to Section 38 (1), first sentence, shall immediately inform the competent authority of an investigation pursuant to Section 25 (1) of the Infection Protection Act. The competent authority in accordance with § 38 (1), first sentence, of the competent authority in accordance with Section 25 of the Infection Protection Act shall provide the information
-
1.
-
on the food,
-
2.
-
to the quantity of food delivered to the final consumer,
-
3.
-
to the name or company and address as well as to the contact details
-
a)
-
the food business operator under whose name or company the food has been produced or treated or has been placed on the market; and
-
b)
-
the undertaking referred to in Article 4 (2) (1) or persons to which the food has been supplied,
-
c)
-
the final consumer who has consumed the food and who has made a notification to the competent authority of a possible illness, provided that such notification is linked to the related data transfer to the persons referred to in § 25 (1) of the Infection Protection Act the competent authority has given its consent in writing,
-
4.
-
to the place, stating the address and the period of the levy, and
-
5.
-
on the identified pathogen
is available. The information referred to in the second sentence shall be supplemented by the samples, isolates and evidence of the determination of the pathogen and shall be communicated only if it has been found to be
-
1.
-
the competent authority referred to in Article 38 (1), first sentence, and
-
2.
-
is required for the authority responsible for the investigations in accordance with Section 25 (1) of the Infection Protection Act.
(4) Where it is necessary for the implementation of provisions governed by acts of the European Community or of the European Union, of this Act or of legal regulations adopted pursuant to this Act, the Experts from the Member States, the Commission and the EFTA Surveillance Authority, accompanied by the persons responsible for monitoring, shall be entitled to exercise the powers referred to in paragraph 2 (1), (3), (4) and (5), and to rehearsals in accordance with § 43 The first sentence of paragraph 1 and paragraph 4. The powers referred to in paragraph 2 (1), (3) and (4) shall also apply to those who are in training for a person carrying out the supervision. (5) The customs offices may be suspected of contravening prohibitions and restrictions on this (6) The Public Prosecutor's Office has the first sentence of Article 38 (1) (1) of the Act of Law (Act), which is the result of the law governing the monopoly of the Branntweinmonopol. (6) competent authority, without delay, of the initiation of criminal proceedings, in so far as it is breaches of the law, prohibitions and restrictions of this Act, acts adopted pursuant to this Act or acts directly applicable to the European Community or the European Union within the scope of this Act shall be notified in the light of the provisions of the legislation. Sentence 1 shall not apply if the proceedings have been initiated on the basis of a charge by the managing authority in accordance with Section 41 (1) of the Code of Administrative Offences. A transfer of personal data in accordance with the first sentence shall not be transferred if it is contrary to federal law or corresponding state-of-the-art regulations; a transmission in accordance with the first sentence shall also be kept under the rule, as long as and (7) Paragraph 2 (1) shall not apply to living quarters.
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§ 43 sampling
(1) The persons responsible for the monitoring and, in the event of danger in default, the officers of the police shall be entitled to request or withdraw samples against a receipt for their selection for the purpose of the investigation. Unless otherwise provided in directly applicable legal acts of the European Community or of the European Union or in legal orders under this Act, part of the sample or, if the sample is not or not endangering, is In order not to be divisible in parts of the same condition, to leave a second piece of the same type and, where available from the same lot, and from the same manufacturer as the sample taken as a sample, the manufacturer may be able to rely on the (2) The samples to be returned must be officially rehearted. seal or seal. They shall be accompanied by the date of the sampling and the date of the day after which the closure or sealing shall be deemed to have been withdrawn. (3) The person in which the sample has been left and which is not the producer shall have the following: to store and store the sample properly and at the request of the manufacturer, at the cost and risk of a private expert appointed by the manufacturer, approved in accordance with the rules of food law, for the purpose of investigating (4) For samples taken in the framework of official supervision in accordance with this law shall not, in principle, be compensated. In the individual case, compensation shall be made up to the level of the selling price if otherwise an undue hardship would occur. (5) Paragraph 1, second sentence, and paragraphs 2 and 3 shall not apply to samples of feedingstuffs.
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Section 44 Dulunding, co-action and transfer obligations
(1) The holders of the land, premises, facilities and equipment referred to in § 42 (2) and the representatives appointed by them shall be obliged to tolerate the measures in accordance with § § 41 to 43 and to carry out the measures in the supervision of the to assist persons in the performance of their duties, and in particular to assist them on request
-
1.
-
to designate the rooms and devices,
-
2.
-
to open spaces and containers; and
-
3.
-
to allow the samples to be taken.
(2) The persons and associations of persons referred to in paragraph 42 (2) (5) shall be obliged to provide the persons involved in the monitoring without delay to the information referred to in that paragraph. Subject to the provisions of paragraph 3, the information provided to the information may refuse to answer any such questions, the answers to which shall be answered by him or one of the members of the risk referred to in Article 383 (1) (1) to (3) of the Code of Civil Procedure. (3) A food business operator or a feed business operator shall be obliged to carry out the monitoring of persons acting in the supervision of the person concerned, on request information that
-
1.
-
due to a system or procedure established in accordance with the second subparagraph of Article 18 (2) of Regulation (EC) No 178/2002, also in conjunction with Article 5 (1) of Regulation (EC) No 767/2009, and
-
2.
-
necessary for the traceability of certain foodstuffs or feedingstuffs,
shall be transmitted. Are those in
-
1.
-
Sentence 1 or
-
2.
-
Article 18 (3), second sentence, of Regulation (EC) No 178/2002, also in conjunction with Article 5 (1) of Regulation (EC) No 767/2009,
(4) In addition to the first sentence of Article 19 (1) of Regulation (EC) No 178/2002, a food business operator shall have reason to believe that:
-
1.
-
a food delivered to it, or
-
2.
-
a foodstuff acquired by him, through which he has acquired the actual direct rule of property,
in accordance with Article 14 (1) of Regulation (EC) No 178/2002, the competent authority shall immediately be subject in writing or electronically, indicating its name and address, indicating the name and address of the competent authority to the person from whom the food has been delivered or from which he has acquired the food and the date of delivery or purchase. He shall also inform about measures taken or intended to be taken by him in respect of the food. The information referred to in the first sentence shall not be required in the case of a foodstuff of plant origin which is the food business operator.
-
1.
-
that has been destroyed or
-
2.
-
produced or treated in such a way or in such a way as to ensure that it is no longer subject to a traffic ban in accordance with Article 14 (1) of Regulation (EC) No 178/2002.
(4a) In the case of food analysis carried out by the laboratory, the person in charge of a laboratory carrying out analyses of a food sample drawn up by the laboratory shall have reason to believe that the food is prohibited from transport; in accordance with Article 14 (1) of Regulation (EC) No 178/2002, the competent authority shall, without delay, in writing or in writing, from the date and the result of the analysis, the method of analysis used and the contracting authority, shall to be electronically informed. The powers under Section 42 (2) shall also apply in the case of sentence 1. (5) In addition to the first sentence of Article 20 (1) of Regulation (EC) No 178/2002, also in conjunction with Article 5 (1) of Regulation (EC) No 767/2009, a feed business operator shall: has the reason to believe that
-
1.
-
a feed delivered to it, or
-
2.
-
a feed acquired by him, through which he has obtained the actual direct rule of the matter,
a traffic ban referred to in Article 15 (1) of Regulation (EC) No 178/2002, including in conjunction with the second subparagraph of Article 4 (1) of Regulation (EC) No 767/2009, shall be subject immediately to the competent authority in writing or electronically under Indication of his name and address, indicating the name and address of the person from whom the feed has been delivered or from which he has acquired the feed and the date of delivery or purchase; . He shall also inform about measures taken or intended to be taken by him in respect of the feed. Information in accordance with the first sentence shall not be required for:
-
1.
-
a feed which has not been harmful to the feed business operator;
-
2.
-
a feed of vegetable origin which the feed business operator has prepared or treated in such a way or which is intended to be able to produce or to treat it in such a way as to prohibit a traffic ban pursuant to Article 15 (1) of Regulation (EC) No 178/2002, also in conjunction with the second subparagraph of Article 4 (1) of Regulation (EC) No 767/2009, is no longer subject to the provisions of this Regulation.
(5a) The controller of a laboratory carrying out analyses in feedingstuffs has, on the basis of a laboratory analysis of a sample drawn from a feedingstuff, based on an analysis carried out by the laboratory, on the assumption that the feed is prohibited by: in Article 15 (1) of Regulation (EC) No 178/2002, the competent authority shall, without delay, in writing or in writing, from the date and the result of the analysis, the method of analysis used and the contracting authority, shall: to be electronically informed. The powers under Section 42 (2) shall also apply in the case of the first sentence. (6)
-
1.
-
Information referred to in Article 19 (1) or (3), first sentence, of Regulation (EC) No 178/2002 or Article 20 (1) or (3), first sentence, of Regulation (EC) No 178/2002, also in conjunction with Article 5 (1) of Regulation (EC) No 767/2009, or in accordance with paragraph 4a of this Regulation. or paragraph 5a,
-
2.
-
the transmission referred to in the first sentence of paragraph 3 or in the second sentence of Article 18 (3) of Regulation (EC) No 178/2002, including in conjunction with Article 5 (1) of Regulation (EC) No 767/2009,
-
3.
-
Transmission referred to in the second sentence of Article 17 (2) of Regulation (EC) No 1935/2004
may not be used for the prosecution of the teaching or transferring person or for proceedings in accordance with the law on administrative offences against the teaching person or the person who is to be informed. The first point of the first sentence of paragraph 1 shall also apply where the information referred to in the first sentence of paragraph 4 or the first sentence of paragraph 5 has been preceded by the notification. Information obtained by means of an information referred to in Article 19 (1) or (3), first sentence, or Article 20 (1) or Article 20 (1) or (3), first sentence, of Regulation (EC) No 178/2002, also in conjunction with Article 5 (1) of Regulation (EC) No 767/2009, may be obtained from: the competent authority responsible for monitoring only measures to be taken in order to comply with
-
1.
-
Section 1 (1) (1),
-
2.
-
Section 1 (1) (2), in so far as a case of Section 1 (1a) (1) is present;
-
3.
-
Section 1 (1) (4) (a), (aa) or (aa)
-
4.
-
§ 1 (2)
shall be used.
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Section 44a Notification and transfer obligations concerning the results of the examination of substances which are not intended to be health-related
(1) A food business operator or a feed business operator shall, by giving his name and address, the results of the investigation available to him on contents of substances not intended to be desired, such as plant protection products; Pharmacological agents, heavy metals, mycotoxins and micro-organisms in and on foods or feedingstuffs following a detailed provision of a legal regulation referred to in paragraph 3 shall be notified to the competent authorities, provided that such substances are The obligation does not already arise from other legislation. A notice pursuant to sentence 1 shall not be used for the criminal prosecution of the co-participant or for proceedings under the Law on Administrative Offences against the co-participant. (2) The competent authorities of the countries shall transmit to approximate the provision of a legal regulation in accordance with paragraph 3 in an anonymized form to the results of the investigation available to them on the contents of substances not intended for health in or on foods or feedingstuffs to the Federal Office for Consumer protection and food safety, provided that such an obligation does not already arise under other legislation. The Federal Office for Consumer Protection and Food Safety produces a quarterly report on the contents of substances which are not intended for health in or on foods or feedingstuffs. (3) The Federal Ministry is authorized to submit a report on the Agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety with the consent of the Federal Council with the consent of the Federal Council, insofar as it is also in connection with the fulfilment of the provisions of § 1 (1) (1) or (4) (a) (aa), also in conjunction with § 1, paragraph 3, shall be required;
-
1.
-
determine the substances for which the notification obligation referred to in paragraph 1 exists,
-
2.
-
the detailed information on the date, nature, form and content of the notification referred to in paragraph 1 and the transmission referred to in paragraph 2.
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Section 45 Arbitration
Where a measure taken by the competent authority relating to consignments of foodstuffs of animal origin from other Member States is in dispute between the competent authority and the person entitled to dispose, the two parties may, by common agreement, to settle the dispute by the arbitral award of an expert. The dispute shall be submitted within one month of the notification of the measure to an expert listed in a list drawn up by the Commission. The expert has to reimburse the expert opinion within 72 hours. (2) The rules of § § 1025 to 1065 of the Code of Civil Procedure shall apply to the Arbitration Agreement and the arbitral proceedings. In the sense of § 1062 of the Code of Civil Procedure, the competent administrative court is the competent administrative court in the sense of § 1065 of the Code of Civil Procedure. By way of derogation from § 1059 (3), first sentence, of the Code of Civil Procedure, the application for waiving must be submitted to the court within one month.
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§ 46 Authorisations
(1) The Federal Ministry is empowered to promote the fulfilment of the purposes set out in § 1 above, in particular in order to promote a uniform implementation of the monitoring, by means of a legal regulation with the consent of the Federal Council
-
1.
-
Rules on
-
a)
-
the staff, equipment and other minimum technical equipment of bodies carrying out official investigations;
-
b)
-
the conditions and the procedure for the admission of private experts authorised to investigate official or officially abandoned samples,
; in the legal regulation referred to in point (b), provision may be made for private experts to be allowed to use only those third parties for the investigation of official or officially abandoned samples which are registered or registered,
-
2.
-
Rules
-
a)
-
the manner in which the investigation or procedure for the examination of products, including live animals within the meaning of Article 4 (1) (1), shall also be carried out in the cases referred to in point 1 (b), including the sampling procedures and the analysis methods,
-
b)
-
to take the form of sampling, including in the case of distance marketing of products, and to determine the details of the procedure for doing so,
-
3.
-
to make the transport capacity of a similar batch of certain products subject to the result of the sampling of that lot;
-
4.
-
to prescribe devices for the official collection of samples in production plants and in containers;
-
5.
-
require that, at which point in time, in which way and by whom the producer of a product or of a product which can be confused with a foodstuff or another for a product or for a product with a foodstuff Interchangeable product under this Act, the legal regulations adopted pursuant to this Act or the legal acts of the European Community or of the European Union directly applicable to it within the scope of this Act Responsible for a rehearsed sample taken for the purpose of the investigation, or a sampling must be provided.
To the extent that, in the cases of the first sentence of sentence 1 to 4, legal regulations pursuant to § 13 (5) sentence 1 are affected, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety shall replace the Federal Ministry with the agreement of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. Federal Ministry. (2) The Federal Ministry is also authorized, with the consent of the Federal Council, to ensure adequate or uniform supervision by means of a legal regulation,
-
1.
-
to prescribe
-
a)
-
that the production, treatment, placing on the market, placing on the territory of the home or the placing on the territory of products or their manufacture or treatment of certain substances and the feeding of feedingstuffs, and to keep the relevant documents,
-
b)
-
that products or substances intended for their manufacture or treatment may be placed on the market only with an accompanying paper, to be brought to the domestic or domestic markets,
-
c)
-
that and in what way
-
aa)
-
-to treat, manufacture, place or feed feedingstuffs,
-
bb)
-
the release of fixed or movable installations for the treatment, production, placing on the market or feeding of feedingstuffs and the use of such equipment
are to be displayed
-
2.
-
Rules to be adopted on the management of evidence relating to the detection of or transmission of information on
-
a)
-
the nature, quantity, origin and nature of the products or of the live animals referred to in Article 4 (1) (1), which relate to holdings from other holdings or to other holdings,
-
b)
-
the name and address of the suppliers and the purchasers of the products and live animals referred to in point (a);
-
3.
-
provisions concerning the nature, extent and frequency of official examinations or sampling in the case of products, including live animals within the meaning of Article 4 (1) (1),
-
4.
-
provisions concerning the implementation of the supervision, the handling of controls in establishments and the cooperation of the supervisory authorities,
-
5.
-
to prescribe that and in what way establishments must form rehearsals and regulate the duration of their storage,
-
6.
-
to make the placing on the market of certain products subject to notification and to regulate the procedure for that purpose.
In Legal Regulations
-
1.
-
The first subparagraph of point 1 (a) may be the nature, form and extent of the accounts and the duration of the retention of documents,
-
2.
-
Paragraph 1 (1) (b) may include the nature, form, content, issue, use and retention of accompanying documents,
-
3.
-
Sentence 1 (2) may
-
a)
-
the nature, form and extent of the evidence and the duration of its retention,
-
b)
-
the nature, form and extent of the information and at what time and in what way these other establishments or the competent authorities are to be made available;
shall be more closely regulated. The legal regulations referred to in point 4 of the first sentence may specify that the competent authority is responsible for carrying out the notification procedure, including the forwarding of advertisements to the competent authorities of the Länder and to the Federal Ministry of Justice, The Federal Office of Consumer Protection and Food Safety is.
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Section 47 Further appropriations
(1) The Federal Ministry shall be authorized, by means of a regulation with the consent of the Federal Council, to the extent necessary for the fulfilment of the purposes referred to in Article 1 (1) (1), also in conjunction with Article 1 (3),
-
1.
-
in addition to Article 41 (2) to (5), prohibitions and restrictions on the placing on the market or transport of live animals within the meaning of section 4 (1) (1) or of foodstuffs obtained from such animals, including the conditions for doing so,
-
2.
-
in addition to the measures referred to in Article 41 (1) to (5), provisions for the implementation of control in the holding, livestock or transport undertakings in the case of live animals within the meaning of Article 4 (1) (1) or in any of those animals in the case of foodstuffs obtained, including the labelling of animals,
-
3.
-
, in accordance with Article 41 (1) (1) or of food obtained by them, other live animals covered by Section 41 shall be subject to the provisions of Section 41 (1) to (5) to the extent that this is necessary for the implementation of Community law or Union law requirements for residue control in live animals within the meaning of Article 4 (1) (1) or in the case of foodstuffs are required;
-
4.
-
the procedure of
-
a)
-
Supervision of undertakings or undertakings referred to in Article 41 (2) to (5);
-
b)
-
the determination of the presence of residues in animals within the meaning of Article 4 (1) (1) or in the meat obtained from these residues
to the rules.
(2) The Federal Ministry shall also be empowered to promote a uniform implementation with a view to the authorisation of novel foods and novel food ingredients, by means of a legal regulation with the consent of the Federal Council
-
1.
-
to designate the Federal Office of Consumer Protection and Food Safety, or any other federal authority, as the competent authority in the case of notification, approval or authorisation procedures for novel foods and food ingredients, and
-
2.
-
the procedure, in particular the participation of the authorities competent pursuant to section 38 (1) and the participation of the Federal Institute for Risk Assessment.
Legal regulations as set out in the first sentence of the first sentence of the second subparagraph shall require the agreement of the Federal Ministry of Economics and Technology. Section 38 (7) shall apply in respect of the data obtained in the implementation of the procedures referred to in the first sentence.
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§ 48 Land law provisions
The countries may adopt further rules to implement the monitoring.
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Section 49 Creation of a structure, use of certain data
(1) The Federal Ministry
-
1.
-
in the cases referred to in Article 40 (1), first sentence or second sentence, point 1, or
-
2.
-
in cases where a non-health food, in particular an oily foodstuff, has been placed on the market or has been unsuitable for human consumption,
create a transnational situation where there is sufficient reason to believe that the facts to which they are based have an impact that transcends the border of a country. The situation is to be assessed in particular by the Federal Ministry for the purpose of fulfilling the purposes referred to in Article 1 (1) (1), and, where necessary, to inform the German, in particular, of the German language. Bundestag. The Federal Office of Consumer Protection and Food Safety has an impact on the creation of the structure of the building. In particular, an effect exceeding the limit of a country in accordance with the first sentence of this paragraph shall be provided if there is reason to believe that a product from the country in which the relevant facts have been established in at least one other country shall be subject to the following conditions: (2) The competent supreme state authorities shall submit to the Federal Ministry, on request, the data necessary for the preparation of the information referred to in the first sentence of paragraph 1, which they have obtained in the course of the monitoring. The processing of these data is carried out by the Federal Ministry. (3) A transmission of data referred to in the first sentence of paragraph 2 does not need to be provided in so far as
-
1.
-
the Federal Office of Consumer Protection and Food Safety, which has already notified or forwarded the data necessary for the preparation of a document on the basis of a provision in legal acts of the European Community or of the European Union , or
-
2.
-
The Federal Office of Consumer Protection and Food Safety shall be granted electronically access to the data necessary for the preparation of a sheet.
Data submitted to the Federal Office of Consumer Protection and Food Safety pursuant to a provision referred to in the first sentence or to which it has been granted access by electronic means may also be used for the preparation of a sheet or the participation in it. The Federal Office of Consumer Protection and Food Safety has the data to be made available to the Federal Ministry without delay. (4) The authorities responsible pursuant to § 26 of the Animal Transport Regulation shall transmit the data at the request of the competent authorities pursuant to § 39 (1) 1 for compliance with the rules on food and feed, the competent authority shall provide the data necessary for the fulfilment of the tasks to be carried out. § 10 of the Federal Data Protection Act shall apply to the transmission of the data in accordance with the first sentence by means of retrieval in the automated procedure, unless otherwise specified in national law. (5) For the purposes of the first sentence of Article 15 (1) of the Regulation (EC) No 882/2004, at the request of the authorities competent pursuant to Article 39 (1), first sentence, of the customs authorities competent in accordance with the first sentence of Article 55 (1) of this Regulation, shall transmit the data necessary for the monitoring of the arrival or the prospective Date of arrival of a particular one, by means of risk analysis of the requesting authorities determined
-
1.
-
Food of non-animal origin or
-
2.
-
Feedingstuffs of non-animal origin.
In particular, the data relating to the quantity, country of origin, importer, producer or any other pursuant to this Act, the legal regulations adopted pursuant to this Act or the acts of the European Communities which are directly applicable The Community or the European Union responsible (other persons responsible) and the transport undertaking shall be transmitted. The data of the importer, manufacturer and other controller and of the transport undertaking shall include their name, address and telecommunications information, as far as the requested authority is concerned with the data in the context of their participation in the monitoring process. exist. The details of the procedure for the implementation of the first and second sentences are regulated by the Federal Ministry in agreement with the Federal Ministry of Finance by means of a regulation with the consent of the Bundesrat. (6) The data may only be used for the purposes of shall be used and used in respect of which they have been transmitted. They may not be kept for a maximum period of three years. The period shall begin at the end of the year in which the data have been transmitted. After the retention period has expired, the data shall be deleted, unless the authority for longer storage exists on the basis of other provisions.
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§ 49a Cooperation between the Federal Government and the Länder
The Federation and the Länder shall cooperate within the limits of their powers and responsibilities in order to ensure the safety of the products. More detailed arrangements may be laid down in agreements, in particular special bodies may be provided for cooperation.
Section 8
Monitoring
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§ 50 Monitoring
Monitoring is a system of repeated observations, measurements and assessments of contents of non-desired substances such as plant protection products, substances with a pharmacological effect, heavy metals, mycotoxins and microorganisms in and on products, including live animals within the meaning of Article 4 (1) (1), for the early detection of risks to human health, using representative samples of individual products or animals, the total food or any other set of the same product.
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Section 51 Implementation of monitoring
(1) The competent authorities of the countries shall determine the content of substances within the meaning of § 50 in and on products, in so far as this is provided for by general administrative provisions, on the basis of which. (2) The monitoring shall be carried out by appropriate technical means. To perform people. In so far as it is necessary to carry out monitoring, the authorities referred to in paragraph 1 shall be empowered to request or withdraw samples for the purpose of the investigation. Section 43 (4) shall apply. (3) Where necessary to carry out the monitoring, the persons responsible for carrying out the monitoring shall be authorised to manufacture, treat or in the premises, in or on products, land, premises, premises, or Transport, as well as the associated business premises during normal operating or business hours. The holders of the land and premises referred to in the first sentence and the representatives appointed by them shall be obliged to accept the measures referred to in the first sentence and the taking of the samples and to carry out the monitoring activities in the implementation of the monitoring procedure. To assist persons in the performance of their duties, in particular to designate upon request the spaces and facilities, to open spaces and containers and to enable the samples to be taken. The persons referred to in the second sentence shall be informed of the purpose of the removal; apart from paragraph 4, they shall also be informed that the review of the sample shall be followed by a subsequent implementation of the monitoring in accordance with Article 39 (1) sentence 1 and (4) samples taken for the purpose of carrying out the monitoring in accordance with Article 39 (1), first sentence, and (2) and (3), and samples taken for carrying out the monitoring, may also be used for the other purpose. . In this case, the requirements applicable to both measures must be complied with. (5) The competent authorities shall forward the data collected when carrying out the monitoring to the Federal Office for Consumer Protection and Food Safety. Preparation, summary, documentation and preparation of reports; the Federal Office for Consumer Protection and Food Safety submits the data collected during the implementation of the monitoring to the Federal Institute for Risk Assessment (Bundesinstitut für Risk Assessment). Evaluation. Personal data may not be transmitted; they shall be deleted if they are not required for the purpose of carrying out the monitoring pursuant to § 39 (1) sentence 1 and (2) and (3) or for carrying out the monitoring. If the information provided indicates the municipality in which the sample has been taken, the Federal Office for Consumer Protection and Food Safety may only include this information in reports which are for the Federal Ministry for which the information is available. Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, as well as for the competent authorities of the country, which has provided the information. The reports to the countries also take appropriate account of the specific characteristics of the country concerned. The Federal Office of Consumer Protection and Food Safety publishes a report annually on the results of the monitoring.
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§ 52 adoption of administrative provisions
The provisions necessary for the implementation of monitoring, in particular the monitoring plans, shall be laid down in administrative provisions which shall be prepared in consultation with a Committee of representatives of the countries. The Federal Ministry shall convene the members of the Committee on a proposal from the Länder.
Section 9
Spending in and out of the country
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Section 53 Movement bans
(1) Products and products interchangeable with foodstuffs which are not the national provisions of this Act, the legal regulations adopted pursuant to this Act and the directly applicable acts of the European Union The Community or the European Union within the scope of this Act may not be brought into the territory of the country. This shall not apply to transit under customs control. The prohibition referred to in the first sentence shall not preclude the customs clearance of the goods, in so far as the provisions on the movement of the products referred to in the first sentence of paragraph 56 or of the products which are interchangeable with foodstuffs do not result in the prohibition of customs duties. (2) The Federal Ministry shall be authorized, in agreement with the Federal Ministry of Finance, by means of a regulation with the consent of the Federal Council, to the extent necessary for the fulfilment of the purposes specified in § 1 or with the Federal Ministry of Finance By way of derogation from the first sentence of paragraph 1, the marketing of certain products shall be compatible with the or of products which are interchangeable with foodstuffs, and to regulate the conditions and the procedure for this, including the establishment of quantitative restrictions, in accordance with the provisions of Article 56 (1) (1) (1) (1) of the Treaty 2 and the second sentence of Article 56 (1) sentence 3 shall apply accordingly.
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Section 54 Certain products originating in other Member States or other States Parties to the Agreement on the European Economic Area
(1) By way of derogation from the first sentence of Article 53 (1), food, cosmetic products or commodities shall be authorised to:
-
1.
-
be lawfully manufactured or lawfully marketed in another Member State of the European Union or any other State Party to the Agreement on the European Economic Area, or
-
2.
-
come from a third country and are legally placed on the market in a Member State of the European Union or of another State Party to the Agreement on the European Economic Area,
have been brought to the country and placed on the market here, even if they do not comply with the rules applicable in the Federal Republic of Germany for foodstuffs, cosmetic products or consumer goods. The provisions of the first sentence shall not apply to the products referred to therein which:
-
1.
-
do not comply with the prohibitions of § 5 (1) sentence 1, § 26 or § 30, of Article 14 (2) (a) of Regulation (EC) No 178/2002 or of Article 3 (1) (a) of Regulation (EC) No 1935/2004; or
-
2.
-
do not comply with the provisions of Article 1 (1) (1), including in conjunction with Article 1 (3), unless the transport capacity of the products in the Federal Republic of Germany, as referred to in paragraph 2, is not in accordance with General information of the Federal Office for Consumer Protection and Food Safety has been published in the Federal Gazette.
(2) General orders referred to in the second sentence of the second sentence of paragraph 1 shall be adopted by the Federal Office of Consumer Protection and Food Safety in agreement with the Federal Office for Economic Affairs and Export Control, unless compelling reasons of the Health protection. They must be requested by the person who is the first to be the first to spend the products on the domestic market. When assessing the health risks of a product, the findings of international research as well as food products are to be taken into account in the Federal Republic of Germany. The general orders referred to in the first sentence shall act in favour of all the importer of the products concerned from Member States of the European Union or of other States Parties to the Agreement on the European Economic Area. (3) The application shall be precise description of the product as well as the available documents required for the decision. The application shall be made within a reasonable time limit. If a final decision on the application is not yet possible within 90 days, the applicant shall be informed of the reasons. (4) Foodstuffs from the provisions of this Act or of the provisions of this Act shall, in so far as it is necessary for the protection of consumers or consumers, to make the derogations appropriate to the extent necessary.
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Section 55 Participation of customs offices
(1) The Federal Ministry of Finance and the customs offices designated by it shall act in the control of the introduction of products and of products which are interchangeable with foodstuffs to the domestic or European Union, from the domestic or the European Union. in transit with. A competent authority in accordance with the first sentence may:
-
1.
-
Consignments of products and of products which are interchangeable with foodstuffs, as well as their means of transport, containers, loading and packaging materials, when they are brought into or from the country or in transit for surveillance,
-
2.
-
the suspicion of non-compliance with the prohibitions and restrictions of this Act, the legal regulations adopted pursuant to this Act or the acts directly applicable to the European Community or the European Union in the field of application this law, which is the result of the clearance, shall communicate to the competent authorities pursuant to section 38 (1) sentence 1,
-
3.
-
in the cases referred to in point 2, order that the consignments of products and products which are interchangeable with foodstuffs are to be presented at the expense and risk of the person entitled to dispose of a competent authority for monitoring purposes.
Where the monitoring referred to in paragraph 1 is established to ensure that a feed is not to be released for free circulation, the customs authorities shall, where necessary in consultation with the competent authorities responsible for the monitoring of feedingstuffs, submit to the (3) The Federal Ministry of Finance, in agreement with the Federal Ministry of Finance, regulates by means of a legal regulation without the consent of the Federal Ministry of Finance, the Federal Ministry of Finance and the Federal Ministry of Finance. The Federal Council shall give details of the procedure referred to in paragraph 1. It may, in particular, be subject to obligations relating to indications, notifications, information and to the performance of ancillary services in the implementation of surveillance measures, and for the purpose of carrying out the inspection in commercial documents and other documents and for the purpose of culling. shall provide for visits to and samples of free samples and samples. In so far as legal regulations pursuant to § 13 (5) sentence 1 are concerned, the legal regulations in accordance with sentence 1 shall also require the agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.
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Section 56 Authorisations
(1) The Federal Ministry shall be authorized, in agreement with the Federal Ministry of Finance, by legal regulation with the consent of the Federal Council, insofar as it is always in compliance with the provisions of Section 1 (1) (1) or (4) or (2), respectively. in connection with Article 1 (3), the movement of products, including live animals within the meaning of Article 4 (1) (1), to the national or European Union, to a free zone, to a free warehouse or to a free zone, shall be required, Customs warehouse
-
1.
-
to permanently or temporarily prohibit or restrict,
-
2.
-
to make dependent on
-
a)
-
the suitability of certain foods for human consumption,
-
b)
-
the registration, authorisation, recognition, authorisation or disclosure of establishments or countries in which the products are manufactured or treated, and the details of such products,
-
c)
-
an authorisation, a registration, an authorisation or an indication, and the conditions and procedure for the authorisation, registration, approval and notification, including the glare of the authorisation, the registration or to regulate the authorisation,
-
d)
-
the notification or performance of the competent authority and the details of the notification;
-
e)
-
to establish a document or an inspection or a physical examination and their details, in particular their frequency and procedures, and to adopt rules on the assessment in the context of such investigations,
-
f)
-
accompanied by
-
aa)
-
to regulate a health certificate or a comparable document, or by presenting additional certificates, as well as the content, form, issue and notification of such certificates or documents;
-
bb)
-
proof of the nature of the production, composition or nature, and the details of the nature, form and content of the evidence, on the procedure for granting them or on the duration of their application and retention,
-
g)
-
a marking, official marking or official recognition, and the content, method and procedure of such marking, official identification or official recognition;
-
h)
-
the contribution of an official test certificate or an official health certificate or the presentation of a comparable document,
-
i)
-
the presentation of an official, also official, or accompanied by a certificate, including official, certificate and the use thereof on the nature, extent or result of the verifications, including the details of the type, form and content of the certificate, on the basis of the to regulate the granting or the duration of their validity and retention;
-
j)
-
the duration of storage or the prohibition or authorisation of the competent authority to transport between two storage sites and the establishment of certain storage periods and notification of compliance with them, and of the whereabout of the (c) to regulate products, including details of the nature, form and content of the notification obligations.
The legal regulations referred to in the first sentence may require that:
-
1.
-
the verification of documents and documents, as well as the inspection of the goods in or at a border inspection post or border inspection post, or of a customs service or a customs service;
-
2.
-
the registration or performance in or at a border inspection post or border inspection post
should be made. To the extent that compliance with legal regulations pursuant to Section 13 (5) sentence 1 is concerned, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety shall replace the Federal Ministry of the Environment with the agreement of the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMI) in accordance with the provisions of § Federal Ministries. (2) The Federal Ministry is also authorized, in agreement with the Federal Ministry of Finance, by means of a legal regulation with the consent of the Bundesrat, insofar as it is necessary for the fulfilment of the purposes specified in § 1 above,
-
1.
-
provisions concerning the customs supervision of products or their supervision by the competent authority in connection with the movement into the territory of the country,
-
2.
-
Rules to be adopted on the measures to be taken if, for the movement to the territory of the country, certain products are directly applicable to certain products of the European Community or of the European Union, to this Act or to a Member State acting on the basis of: of this law does not comply with this law,
-
3.
-
rules on the transport of products in the event of transfer to the country,
-
4.
-
require that establishments which spend certain products on the domestic market carry out certain operational controls and measures, as well as subunits or training of persons in the hygiene of foodstuffs, and to provide evidence of such measures to be taken into account , as well as subject to certain audit and notification obligations,
-
5.
-
require that the movement of certain products into the country or over
-
a)
-
cleaning,
-
b)
-
disinfection or
-
c)
-
Other treatment measures with regard to compliance with hygienic requirements
of premises, installations, facilities or means of transport in which products are brought into the territory of the country,
-
6.
-
to lay down rules on the scope and frequency of the checks referred to in point 4 and the details of the nature, form and content of the documents referred to in point 5 and the duration of their storage,
-
7.
-
to establish the hygienic requirements under which certain foodstuffs may be brought into the country,
-
8.
-
to regulate the procedure for monitoring compliance with health requirements, in particular hygienic requirements for the movement of food into the home country.
(3) The legal regulation referred to in the first sentence of paragraph 1 may be used to arrange for certain products, including live animals, within the meaning of Article 4 (1) (1), to be placed only through certain customs offices, border inspection posts, border crossing points or crossing points or other official bodies may be transferred to the territory of the country, and such bodies shall be led by a scientifically trained person. The Federal Office for Consumer Protection and Food Safety shall announce the bodies referred to in the first sentence in agreement with the Federal Ministry of Finance in the Bundesanzeiger (Federal Gazette), insofar as these bodies are not known in the Official Journal of the European Union. or not provided for by the European Commission in legal acts of the European Union. The Federal Ministry of Finance may delegate the grant of the agreement in accordance with the second sentence to the central authorities of its business unit. (4) The Federal Ministry is also authorized, in agreement with the Federal Ministry of Finance, by Ordinance with the consent of the Federal Council, in so far as it is necessary for the fulfilment of the purposes specified in § 1 (1) (1) or (4), also in conjunction with § 1 (3), respectively,
-
1.
-
the transit of products, including live animals within the meaning of Article 4 (1) (1), or of products which are interchangeable with foodstuffs, and their storage in free warehouses, in warehouses in free zones or in customs warehouses, to be made subject to:
-
a)
-
a permit from the competent authority, including details of the nature, form and content of the authorization to settle the procedure for granting or the duration of its application and retention;
-
b)
-
Requirements for inland transport and storage,
-
c)
-
to lay down, within certain time limits, certain border inspection posts and the detailed rules for the movement of the goods,
-
d)
-
a check on the movement of the goods from the territory of the country with the assistance of a customs office;
-
e)
-
a customs surveillance or surveillance by the competent authority,
-
f)
-
the recognition by the competent authority of the free warehouses, the camps in free zones or of the customs warehouses, and, in so doing, the details of the nature, form and content of the recognition, the procedure for granting them or the duration of their application,
-
2.
-
to the transit rules referred to in paragraph 1 or 2.
Unofficial table of contents
§ 57 Export; Other Bringing from the domestic
(1) Article 12 of Regulation (EC) No 178/2002 shall apply to the export and re-export of cosmetic products, subject-products and products which are interchangeable with foodstuffs, provided that the requirements referred to in Article 12 of Regulation (EC) No 178/2002 are replaced by the Food law which applies to these products and to the provisions of this Act concerning products which are interchangeable with foodstuffs, the legal regulations adopted pursuant to this Act and the acts directly applicable to the products of the European Community or the European Union within the scope of this (2) It is prohibited to carry out feedingstuffs which:
-
1.
-
should not be manufactured, treated, placed on the market or fed to the market because of their content of undesirable substances according to § 17,
-
2.
-
shall not comply with a requirement laid down in Article 23 (1) of the Regulation.
By way of derogation from the first sentence, feedingstuffs which have been imported may be re-exported in accordance with the conditions laid down in Article 12 of Regulation (EC) No 178/2002. (3) Food, feedingstuffs or compound feedingstuffs which are prior to export. and, in the case of foodstuffs, higher levels of residues of plant protection or other means than by means of a legal regulation pursuant to Article 9 (2) (1) (a) or in the case of individual feedingstuffs or compound feedingstuffs Higher amounts of medium residues than by means of legal regulation pursuant to § 23a (1) shall be brought to a State which does not belong to the European Union, provided that it is established that:
-
1.
-
the country of destination requires special treatment with the means to prevent the introduction of harmful organisms on its territory; or
-
2.
-
the treatment is necessary in order to protect the products from harmful organisms during transport to the country of destination and storage in that country.
(4) Products and products interchangeable with foodstuffs which, under the conditions laid down in paragraph 1 or 2, comply with the provisions of this Act, the legal regulations adopted pursuant to this Act or the directly applicable acts of the European Union The Community or the European Union shall not comply with this Act, shall be kept separate from products intended for placing on the market in the territory of the country or in other Member States, and shall be identified (5) For products and products which are interchangeable with foodstuffs, the are intended for delivery to another Member State, Article 12 of Regulation (EC) No 178/2002 shall apply, provided that the food law requirements referred to therein shall be replaced by those for those products and the food law requirements referred to in Article 12 of Regulation (EC) No 178/2002, Products which can be interchanged in accordance with the provisions of this Act, the legal regulations adopted pursuant to this Act and the acts directly applicable to the European Community or the European Union in the (6) The provisions of this Act and of the provisions of this Act (7) The Federal Ministry of the Interior is authorized to act in accordance with the provisions of Articles 5 and 17 (1) (1) (1) and Articles 26 and 30 on products intended for the equipment of seagoing ships. by legal regulation with the consent of the Federal Council
-
1.
-
Further provisions of this Act, as well as legal regulations adopted pursuant to this Act, on products intended for the equipment of seagoing vessels shall be declared applicable to the extent to which they are intended to fulfil the purposes referred to in Article 1 of this Act. is required,
-
2.
-
to adopt divergent or additional provisions for products intended for the equipment of seagoing vessels, in so far as it is compatible with the purposes set out in § 1,
-
3.
-
insofar as it is necessary for the fulfilment of the purposes specified in § 1,
-
a)
-
to prescribe the registration of establishments which equip seagoing vessels,
-
b)
-
the storage of products intended for the equipment of seagoing vessels, in free warehouses, in warehouses in free zones or in customs warehouses,
-
aa)
-
a permit from the competent authority, including details of the nature, form and content of the authorization to settle the procedure for granting or the duration of its application and retention;
-
bb)
-
Requirements for inland transport and storage,
-
cc)
-
to lay down, within certain time limits, certain border inspection posts and the detailed rules for the movement of the goods,
-
dd)
-
a check on the movement of the goods from the territory of the country with the assistance of a customs office;
-
ee)
-
a customs surveillance or surveillance by the competent authority,
-
ff)
-
the recognition by the competent authority of the free warehouses, the camps in free zones or of the customs warehouses, and, in so doing, the details of the nature, form and content of the recognition, the procedure for granting them or the duration of their application,
-
c)
-
in the case of products intended for the equipment of seagoing vessels, the provisions of paragraph 56 (1) or (2) shall be adopted.
The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety will be replaced by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety in agreement with the Federal Ministry. (8) The Federal Ministry will be responsible for the legal regulations pursuant to § 13 (5) sentence 1. authorized by the Federal Council, with the consent of the Federal Council,
-
1.
-
in so far as it is necessary for the fulfilment of the purposes set out in § 1, the movement of
-
a)
-
live animals within the meaning of Article 4 (1) (1),
-
b)
-
products or
-
c)
-
Products that can be confused with food
to be banned or restricted from domestic territory,
-
2.
-
in so far as it contributes to the facilitation of trade and does not preclude the purposes referred to in paragraph 1 of this Article, to issue, on request, a special control number on the export of products to certain establishments, if the import from the country of destination is shall be subject to the granting of such a control number and the competent authority has approved the operation for export to that country, and the conditions and the procedure for granting the special control number to be issued shall be: rules.
(9) The provision of Section 18 (2) shall remain unaffected.
Section 10
Criminal and penal rules
Unofficial table of contents
Section 58 Criminal Code
(1) With a custodial sentence of up to three years or a fine shall be punished, who
-
1.
-
manufacture or treat a foodstuff in accordance with the first sentence of Article 5 (1),
-
2.
-
, contrary to Article 5 (2) (1), placing a substance on the market as a foodstuff,
-
3.
-
Manufacture, treat or place on the market a product which is interchangeable with food, in accordance with point 2 of the second paragraph of Article 5,
-
4.
-
in accordance with Article 10 (1), first sentence, also in connection with a legal regulation pursuant to § 10 (4) (2), or in accordance with § 10 (3) (2), placing a food on the market,
-
5.
-
, contrary to Article 10 (2), placing an animal on the market,
-
6.
-
Contrary to Article 10 (3), point 1, food is obtained from an animal,
-
7.
-
In accordance with Article 13 (2), in conjunction with a legal regulation referred to in paragraph 1 (1), placing a food on the market,
-
8.
-
manufacture or treat a feed in accordance with Article 17 (1), first sentence, point 1,
-
9.
-
, contrary to Article 18 (1), first sentence, also in conjunction with a legal regulation referred to in paragraph 3 (1), a feed has been fed,
-
10.
-
, contrary to Article 18 (2), also in connection with a legal regulation referred to in paragraph 3 (1), a feed shall be carried out or carried out,
-
11.
-
against
-
a)
-
§ 26, first sentence, point 1, a cosmetic product is manufactured or treated; or
-
b)
-
Article 26, first sentence, point 2, which places a substance or a mixture of substances as a cosmetic product on the market;
-
12.
-
Contrary to Article 28 (2), a cosmetic product is placed on the market which does not comply with a legal regulation pursuant to Section 28 (1) (2) in conjunction with Article 32 (1) (1), (2) or (3),
-
13.
-
Article 30 (1) makes or treats an item of goods,
-
14.
-
, contrary to Article 30 (2), placing an object or means on the market as a subject or subject to the market,
-
15.
-
in accordance with Article 30, point 3, of a subject-matter,
-
16.
-
in accordance with Article 32 (2), in conjunction with a legal regulation referred to in points 1, 2 or 3 of paragraph 1, placing an item of goods on the market,
-
17.
-
a fully-retractable arrangement
-
a)
-
pursuant to the first sentence of Article 54 (1) of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls carried out in order to verify compliance with food and feed law and the provisions relating to: Animal health and animal welfare (OJ L 327, 1), as last amended by Regulation (EU) No 517/2013 (OJ L 327, 30.12.2004, p. 1), which serves to carry out a ban referred to in Article 39 (7) (1), (2) or (3), in so far as the number 3 refers to § 5 and Article 17 (1), first sentence, point 1, or
-
b)
-
in accordance with Article 39 (2), first sentence, which serves to carry out a prohibition referred to in Article 39 (7);
, or
-
18.
-
a legal regulation in accordance with § 10 (4) (1) (b), (d) or (e), § 13 (1) (1) or (2), § 22, § 32 (1) (1), (2) or (3), also in conjunction with Section 28 (1) (2), or (34), first sentence, point 1 or 2, or of a , in so far as the regulation refers to this penal code for a certain amount of the offence, this order is contrary to the law of the case.
(2) It shall also be punished who is against Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Authority on food safety and on the establishment of food safety procedures (OJ C 327, 22. 1), as last amended by Regulation (EC) No 596/2009 (OJ L 31, 1.2.2009, p. 14) has been amended, by:
-
1.
-
in accordance with Article 14 (1), in conjunction with paragraph 2 (a), placing a food on the market or
-
2.
-
contrary to Article 15 (1), in conjunction with paragraph 2, indent 1, insofar as it relates to human health, also in conjunction with the second subparagraph of Article 4 (1) of Regulation (EC) No 767/2009 of the European Parliament, Parliament and the Council of 13 July 2009 concerning the placing on the market and use of feedingstuffs, amending Regulation (EC) No 1831/2003 of the European Parliament and of the Council and repealing Council Directives 79 /373/EEC, 80 /511/EEC of the Commission, 82 /471/EEC of Council, 83 /228/EEC, 93 /74/EEC, 93 /113/EC of Council and Council Decision 96 /25/EC and Commission Decision 2004 /217/EC (OJ L 136, 31.5.2004, p. 1, L 192 of 22.7.2011, p. 71), as last amended by Regulation (EU) No 939/2010 (OJ L 327, 22.12.2010, p. 4), a feed is placed on the market or has been fed into the market.
(2a) It shall also be punished who shall:
-
1.
-
against Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Regulation (EEC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and flavourings Council Regulation (EC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000 /13/EC (OJ No L 73, 27.3.2008, p. 34, L 105, 27.4.2010, p. 115), as last amended by Regulation (EU) No 246/2014 (OJ L 344, 27.12.2010, p. 58) has been amended, by:
-
a)
-
contrary to Article 5, in conjunction with Annex III or Annex IV, a flavouring or food is placed on the market,
-
b)
-
referred to in Article 6 (1), a substance referred to in that paragraph,
-
c)
-
uses, contrary to Article 7, a starting material, a flavouring or a food ingredient,
-
2.
-
Contrary to the first subparagraph of Article 1 (1) of Commission Regulation (EC) No 124/2009 of 10 February 2009 laying down maximum levels for coccidiostats and histomonostats in foodstuffs caused by unavoidable disappearance in foodstuffs, feedingstuffs for non-target species (OJ L 327, 30.4.2004, p 7), as amended by Regulation (EU) No 610/2012 (OJ L 327, 22.12.2012, p. 1), which places a food on the market, or
-
3.
-
against Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastics materials and articles intended to come into contact with foodstuffs (OJ L 327, 22.11.2011, p. 1, L 278, 25.10.2011, p. 13), as last amended by Regulation (EU) No 202/2014 (OJ L 378, 27.12.2011, p. 13) has been amended, in that it is in breach of the
-
a)
-
Contrary to Article 4 (e) in conjunction with Article 5 (1) or Article 9 (1) (c), in connection with Article 13 (1) or Article 14 (1), a material or article of plastics shall be placed on the market, or
-
b)
-
in accordance with Article 5 (1), in conjunction with Article 13 (1) or Article 14 (1), in the manufacture of a plastic layer in a material or an article made of plastic, a non-approved substance is used.
(3) Likewise, it shall be punished who
-
1.
-
of a directly applicable provision in legal acts of the European Community or of the European Union which corresponds in substance to a bid or prohibition referred to in paragraph 1 (1) to (17), to the extent that a regulation of the law referred to in Article 62 of this Regulation is applicable Paragraph 1 (1) refers to a specific case in respect of that penal code; or
-
2.
-
by a Member State other than that referred to in paragraph 2, which is contrary to the provisions of a Community or European Union act which is in accordance with the content of a scheme to which the provisions referred to in paragraph 1 (18) of paragraph 1 correspond to those of the In so far as a legal regulation refers to this piece of criminal law in respect of a particular offence pursuant to Section 62 (1) (1) of this Regulation, it shall authorize the rules to be
(4) The trial is punishable. (5) In particularly serious cases, the sentence is a sentence of imprisonment of six months to five years. A particularly serious case is usually present when the offender is through one of the acts referred to in paragraphs 1, 2 or 3
-
1.
-
the health of a large number of people is at risk,
-
2.
-
the risk of death or serious injury to the body or health, or
-
3.
-
is derived from gross self-interest for itself or another asset advantage of a large scale.
(6) Anyone who negligently deals with any of the acts referred to in paragraphs 1, 2, 2a or 3 shall be punished with imprisonment of up to one year or a fine.
Unofficial table of contents
Section 59 Criminal Code
(1) With a custodial sentence of up to one year or a fine shall be punished, who
-
1.
-
in accordance with Article 6 (1) (1), in conjunction with a legal regulation pursuant to Section 7 (1) (1), uses an unauthorised food additive, uses ion exchangers or applies a procedure,
-
2.
-
in accordance with Article 6 (1) (2), in conjunction with a legal regulation pursuant to Section 7 (1) (1) or (2) (1) or (5), placing a food on the market,
-
3.
-
In accordance with Article 6 (1) (3), in conjunction with a legal regulation pursuant to Section 7 (1) (1) or (2) (5), placing a food additive or ion exchanger on the market,
-
4.
-
in accordance with Article 8 (1) (1), in conjunction with a legal regulation referred to in paragraph 2 (1), applying non-authorised irradiation;
-
5.
-
in accordance with Article 8 (1) (2), in conjunction with a legal regulation referred to in paragraph 2, placing a food on the market,
-
6.
-
In accordance with Article 9 (1), first sentence, point 1, in conjunction with a legal regulation referred to in paragraph 2 (1) (a) or in accordance with Article 9 (1) (1) (2) or (3), placing a food on the market,
-
7.
-
, contrary to Article 11 (1), placing a food on the market or promoting a food product,
-
8.
-
, contrary to Article 11 (2) (1), placing a food on the market,
-
9.
-
, contrary to Article 11 (2) (2), a food is placed on the market without sufficient information,
-
10.
-
manufacture or treat a feed in accordance with point 2 of the first sentence of Article 17 (1),
-
10a.
-
Contrary to the first sentence of Article 17a (1), it is not necessary to ensure that there is insurance referred to therein,
-
11.
-
, contrary to § 19, it places a feed on the market or promotes a feed for a feed,
-
12.
-
, in accordance with Article 21 (3), first sentence, point 1, point (a), puts a feed into circulation or feeds it;
-
13.
-
, contrary to the first sentence of Article 27 (1), placing on the market a cosmetic product under a misleading description, indication or presentation, or using a misleading representation or statement,
-
14.
-
Contrary to Article 28 (2), a cosmetic product is placed on the market which does not comply with a legal regulation in accordance with Section 28 (1) (1) or (2) in conjunction with Article 32 (1) (4) (a) or (5),
-
15.
-
, contrary to Article 31 (1) or (2), second sentence, a material or object shall be used as an item of goods or placed on the market,
-
16.
-
Contrary to Article 31 (3), a food is placed on the market,
-
17.
-
in accordance with Article 32 (2), in conjunction with a legal regulation referred to in paragraph 1 (4) (a) or (5), placing an item of goods on the market,
-
18.
-
Contrary to Article 33 (1), a material or object is placed on the market under a misleading description, indication or presentation, or advertises with a misleading representation or statement,
-
19.
-
contrary to § 53 (1) sentence 1 in conjunction with
-
a)
-
Section 17 (1), first sentence, 1 point 1 feed,
-
b)
-
§ 26, first sentence, a cosmetic agent, a substance or a mixture,
-
c)
-
§ 30 a subject-matter, an object or a means or
-
d)
-
Article 14 (2) (a) of Regulation (EC) No 178/2002 a health-harmful food
to the home country,
-
20.
-
an enforceable arrangement in accordance with § 41 (2) sentence 1, paragraph 3 or 6 sentence 1 or 3, or
-
21.
-
a legal regulation in accordance with
-
a)
-
Section 7 (2) (1), (2), (3) or (5), Article 8 (2) (2), (9) (2) (1) (b), (13) (1) (4), (5) or (6), (3) sentence 1 or (4) (1) (a), (b) or (c) or (2), Article 29 (1) (3), (31) (2) sentence 1, § 32 (1) (4) (b), also in conjunction with Section 28 (1) (2), § 32 (1) (7), § 33 (2), § 34 sentence 1 (1) (3) or (4), § 56 (1) sentence 1 (1) or (4) (2) in conjunction with the first sentence of the first subparagraph of paragraph 1, or (4), point 1, or Section 57 (7), first sentence, point 3 (c), in conjunction with Article 56 (1), first sentence, point 1, or
-
b)
-
Section 13 (5), first sentence, point 1
or of a enforceable order pursuant to such a decree, to the extent that the regulation refers to that penal code for a particular offence.
(2) It shall also be punished who shall:
-
1.
-
in breach of Regulation (EC) No 178/2002, by:
-
a)
-
contrary to Article 14 (1), in conjunction with paragraph 2 (b), a food is placed on the market,
-
b)
-
, in accordance with Article 15 (1), in conjunction with paragraph 2, indent 2, placing or feeding a feed on the market,
-
c)
-
does not, contrary to the first sentence of Article 19 (1), initiate a procedure, not wholly or in a timely manner, in order to withdraw a foodstuff from the market, or
-
d)
-
does not, contrary to the first sentence of Article 20 (1), initiate a procedure, not wholly or in a timely manner, in order to withdraw a feed from the market for animals used for the production of food,
-
2.
-
Contrary to Article 19 of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending the rules on the protection of pesticides, the Council Directive 91 /414/EEC (OJ L 42, 15.2.1991, 1), as last amended by Regulation (EU) No 398/2014 (OJ L 378, 27.12.2005, p. 3), that a product, in so far as it is a foodstuff, is being processed or mixed with another product, in so far as it is a foodstuff,
-
3.
-
against Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ L 378, 27.12.2006, p. OJ L 404, 30.12.2006, p. 9, L 12, 18.1.2007, p. 3, L 86, 28.3.2008, p. 34, L 198, 30.7.2009, p. 87, L 160, 12.6.2013, p. 15), as last amended by Regulation (EU) No 1047/2012 (OJ L 327, 22.12.2006, p. 36), in breach of the first subparagraph of Article 3, in conjunction with
-
a)
-
Article 3, second subparagraph, point (a) to (c), sentence 1 or point (e),
-
b)
-
Article 4 (3),
-
c)
-
Article 5 (1) (a) to (d) or (2),
-
d)
-
Article 8 (1),
-
e)
-
Article 9 (2),
-
f)
-
Article 10 (1), (2) or (3), or
-
g)
-
Article 12
uses a nutrition or health claim in the labelling or presentation of a food or in advertising,
-
4.
-
Contrary to Article 4 of Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83 /417/EEC, Council Regulation (EC) No 1493/1999, the Directive 2000 /13/EC of the Council and of Regulation (EC) No 258/97 (OJ L 200, 30.7.1997, p. 7), as amended by Regulation (EU) No 1056/2012 (OJ L 354, 31.12.2008, p. 9), which places a food enzyme as such on the market or uses it in foodstuffs,
-
5.
-
against Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 378, 27.12.2008, p. 16, L 105, 27.4.2010, p. 114, L 322, 21.11.2012, p. 8), as last amended by Regulation (EU) No 298/2014 (OJ L 378, 27.12.2009, p. 36) has been amended, in that it is in breach of the
-
a)
-
, contrary to Article 4 (1), a food additive as such is placed on the market or used in foodstuffs,
-
b)
-
, contrary to Article 4 (2), a food additive is used in food additives, food enzymes or flavourings, or
-
c)
-
Contrary to Article 5, in conjunction with
-
aa)
-
Article 15,
-
bb)
-
Article 16,
-
cc)
-
Article 17 or
-
dd)
-
Article 18
is placing a food additive or a food on the market,
-
6.
-
in breach of Regulation (EC) No 1334/2008, by:
-
a)
-
against Article 5, in conjunction with Article 4, placing on the market a flavouring or food if the act is not punishable by penalty in Article 58 (2a) (1) (a) of the Treaty, or
-
b)
-
uses, contrary to Article 10, a flavouring or a starting material, or
-
7.
-
in breach of Regulation (EU) No 10/2011, by:
-
a)
-
Contrary to Article 4 (e) in conjunction with Article 10, including in conjunction with Article 13 (1), a plastic material or article shall be placed on the market, or
-
b)
-
contrary to Article 4 (e) in conjunction with the first sentence of Article 11 (1) or the second paragraph of Article 11, or Article 12, in conjunction with Article 13 (1) or (5), a material or article of plastics shall be placed on the market.
(3) Likewise, it shall be punished who
-
1.
-
of a directly applicable provision in legal acts of the European Community or of the European Union which corresponds in substance to a bid or prohibition referred to in paragraph 1 (1) (1) to (19), in so far as a legal regulation is in accordance with Point 1 of the first paragraph of paragraph 1 refers to this penalty in respect of a specific event; or
-
2.
-
by a direct provision other than those referred to in paragraph 2, in legal acts of the European Community or of the European Union, which is in accordance with the content of a scheme to which the provisions in question are
-
a)
-
Paragraph 1 (21) (a), in so far as a legal regulation makes reference to this penal code in respect of a given offence pursuant to Section 62 (1) (1) of this Regulation,
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b)
-
The provisions of paragraph 1 (21) (b) shall authorize, in so far as a regulation in accordance with Article 62 (2) refers to a particular criminal offence, the provisions of paragraph 1 (b) of this Regulation.
(4) With a custodial sentence of up to two years or a fine shall be punished, who
-
1.
-
by a measure of gross property or property of large size, referred to in paragraph 1, point 8 or point 10 or in paragraph 2 (1) (a) or (b), for itself or any other asset or other asset, or
-
2.
-
the action referred to in paragraph 1 (8) or (10) or in paragraph 2 (1) (a) or (b) of this Article shall be repeated in a persistent way.
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Section 60 Penal rules
(1) An administrative offence is to be found, who shall be one of the
-
1.
-
Section 59 (1) (8) or (10) or (2) (1) (a) or (b), or
-
2.
-
Section 59 (1) (1) to (7), (9), (11) to (20) or (21), (2) (1) (c) or (d), (2) to (6) or (7) or (3)
(2) acts contrary to the order of order, who intentionally or negligently
-
1.
-
(dropped)
-
2.
-
manufacture or treat animal feed in accordance with Article 17 (2) (1),
-
3.
-
, contrary to Article 17 (2) (2), puts animal feed on the market
-
4.
-
has fed feedingstuffs, contrary to Article 17 (2), point 3,
-
5.
-
uses a claim referred to in paragraph 20 (1),
-
6.
-
In accordance with Article 21 (1), in conjunction with a regulation pursuant to Article 23a (10) (a), a pre-mix shall be placed on the market,
-
7.
-
In accordance with Article 21 (2), in conjunction with a legal regulation pursuant to Article 23a (10) (b), puts individual feedingstuffs or compound feedingstuffs on the market,
-
8.
-
, in accordance with Article 21 (3), first sentence, point 1 (b), puts animal feed on the market or feeds it;
-
9.
-
In accordance with Article 21 (3), first sentence, point 2 (a), in conjunction with a legal regulation pursuant to Section 23 (1) of this Regulation, feed or feeding animal feed is available;
-
10.
-
In accordance with Article 21 (3), first sentence, point 2 (b), in conjunction with a legal regulation pursuant to Article 23a (1), the animal feed shall be placed on the market
-
11.
-
In accordance with Article 21 (3), first sentence, point 2 (c), in conjunction with a regulation pursuant to Article 23a (3), feed or feeding of feedingstuffs to the market,
-
12.
-
In accordance with Article 21 (3), first sentence, point 2 (d), in conjunction with a legal regulation pursuant to Article 23a (11), feed or feeding of feedingstuffs to the market,
-
13.
-
is placed on the market or fed to the market in accordance with the first sentence of Article 21 (3), third sentence,
-
14.
-
(dropped)
-
15.
-
(dropped)
-
16.
-
(dropped)
-
17.
-
(dropped)
-
18.
-
In accordance with Article 32 (2), in conjunction with a legal regulation referred to in paragraph 1 (6), places an item of goods on the market,
-
19.
-
Contrary to § 44 (1), a measure pursuant to Section 42 (2) (1) or (2) or a sampling in accordance with § 43 (1) sentence 1 is not tolerated or a person working in the surveillance is not supported,
-
20.
-
Contrary to § 44 (2) sentence 1, information is not provided, not correct, not complete or not in good time,
-
21.
-
, contrary to § 44 (3) sentence 1, information is not provided, not correct, not complete or not in good time,
-
22.
-
, contrary to the first sentence of Article 44 (4) or the second sentence of paragraph 5 (a) or the second sentence of paragraph 5 or the second sentence of paragraph 5, the competent authority shall not inform the competent authority, not properly, in full or in due time,
-
22a.
-
Contrary to § 44a (1) sentence 1 in conjunction with a regulation pursuant to § 44a (3) or in conjunction with § 75 (4), first sentence, points 1 and 2, a communication does not make it correct, not complete or not in good time,
-
23.
-
does not tolerate a measure referred to in the second sentence of Article 51 (3) or the removal of a sample, or does not support a person involved in the implementation of the monitoring,
-
24.
-
in cases other than those referred to in Article 59 (1) (19), contrary to Article 53 (1), first sentence, a product spends into the territory of the country,
-
25.
-
in accordance with Article 57 (2), first sentence, point 2, in conjunction with a legal regulation pursuant to Section 23 (1), a feed shall be carried out,
-
26.
-
a legal regulation in accordance with
-
a)
-
Section 13 (1) (3) or (4) (1) (d), (e), (f) or (g), § 14 (1) (1), (3) or (5), (2) or (3), (23) (2) to (6), (23a) (5) to (9), (1) (1) (1) or (3), Article 29 (1) (1), (2) or (4), or Paragraph 2, Section 32, paragraph 1, point 8, also in conjunction with Section 28 (1) (2), § 34, sentence 1, point 7, § 35 (1) or (5), § 36 sentence 1, also in conjunction with sentence 2, § 37 (1), § 46 (2) or § 47 (1) (2), or
-
b)
-
Section 9 (2) (1) (c), § 14 (1) (2) or (4), § 35 (2) or (3), § 46 (1), first sentence, point 5, § 55 (3) sentence 1 or 2, § 56 (1), first sentence, (2), (2), (3), first sentence, or (4) (1) or (2) in conjunction with paragraph 1. Sentence 1 (2) or (2), or § 57 (7), first sentence, points 1, 2 or 3 (a), (b) or (c) in conjunction with Article 56 (1) (1) (2) or (2), or Article 57 (8) (1) of the first sentence of paragraph 1.
or of a enforceable order pursuant to such a decree, to the extent that the regulation refers to that fine for a particular offence.
(3) The offence is unlawful.
-
1.
-
in breach of Regulation (EC) No 178/2002, by intentionally or negligently
-
a)
-
contrary to Article 15 (1), in conjunction with paragraph 2, indent 1, in so far as it relates to the health of the animal, also in conjunction with the second subparagraph of Article 4 (1) of Regulation (EC) No 767/2009, a feed in the transport or feeding,
-
b)
-
, contrary to the second subparagraph of Article 18 (2) or the first sentence of Article 18 (3), including in conjunction with Article 5 (1) of Regulation (EC) No 767/2009, a system or procedure is not correct, not correct or not fully established,
-
c)
-
, contrary to Article 18 (3), second sentence, also in conjunction with Article 5 (1) of Regulation (EC) No 767/2009, does not provide information, is not correct, is not available in full or in time,
-
d)
-
the procedure referred to in the first sentence of Article 19 (1) does not initiate, in full or in a timely manner, a procedure in order to inform the competent authorities,
-
e)
-
, contrary to Article 19 (1), second sentence, a consumer shall not be informed, not correct, not fully or in good time,
-
f)
-
, contrary to the first sentence of Article 19 (3) or the first sentence of Article 20 (3), including in conjunction with Article 5 (1) of Regulation (EC) No 767/2009, does not make a communication, not correct, not complete or timely,
-
g)
-
, contrary to the second sentence of Article 19 (3) or the second sentence of Article 20 (3), including in conjunction with Article 5 (1) of Regulation (EC) No 767/2009, the Authority shall not be fully informed, not fully informed or not fully informed,
-
h)
-
, contrary to Article 20 (1), first sentence, in conjunction with Article 5 (1) of Regulation (EC) No 767/2009, does not initiate, correct or not initiate a procedure in a timely manner in order to feed a feed for animals not intended for food production, market, or
-
i)
-
contrary to the first sentence of Article 20 (1), including in conjunction with Article 5 (1) of Regulation (EC) No 767/2009, the Authority shall not, not properly, be informed in full or in time,
-
2.
-
intentionally or negligently, in accordance with Article 19 of Regulation (EC) No 396/2005, where the product is a feed, is processed or mixed with another product, or
-
3.
-
in breach of Regulation (EU) No 10/2011, by:
-
a)
-
Intentionally or negligently, in accordance with Article 4 (e), in conjunction with Article 15 (1) or (2), a material or article of plastics material, a product of an intermediate stage of its manufacture or a product for the manufacture of such material. Placing materials and articles on the market without making a written declaration, or
-
b)
-
, contrary to Article 16 (1), a document shall not be made available in good time, not in full or in time.
(4) Contrary to the law, who intentionally or negligently
-
1.
-
of a directly applicable provision in legal acts of the European Community or of the European Union, the content of which shall be as defined in paragraph 2
-
a)
-
Point 1 to 13, 18, 24 or 25, in so far as a legal regulation referred to in Article 62 (1) (2) (a) refers to this fine for a particular event;
-
b)
-
Point 19 to 22a or point 23, in so far as a legal regulation makes reference to this fine in accordance with Article 62 (1) (2) (b) for a certain amount of the offence, or
-
2.
-
by a direct provision other than those referred to in paragraph 3, in acts of the European Community or of the European Union, which is in accordance with the content of a scheme to which the provisions of paragraph 2
-
a)
-
Point 26 (a), in so far as a legal regulation referred to in paragraph 62 (1) (2) (a) refers to this fine for a specific offence,
-
b)
-
Point 26 (b), in so far as a legal regulation refers to this fine in accordance with Article 62 (1) (2) (b) of this Regulation for a certain amount of the offence.
(5) The administrative offence may be
-
1.
-
in the cases referred to in paragraph 1, point 1, with a fine of up to one hundred thousand euros;
-
2.
-
in the cases referred to in paragraph 1 (2), (2) (1) to (13), (18), (24), (25) and (26) (a), (3) (3) and (3) and (4) (1) (a) and (2) (a) and (2) (a), with a fine of up to EUR 50 000;
-
3.
-
in the other cases, with a fine of up to twenty thousand euro
can be punished.
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Section 61 confiscation
Items to which a criminal offence pursuant to § 58 or § 59 or an administrative offence pursuant to § 60 relates may be collected. Section 74a of the Criminal Code and Section 23 of the Law on Administrative Offences shall apply.
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Section 62 Authorisations
(1) The Federal Ministry shall be authorized, in so far as it is necessary for the enforcement of the acts of the European Community or of the European Union, to designate, by means of a regulation without the consent of the Federal Council, the facts which:
-
1.
-
are punishable as a criminal offence pursuant to Article 58 (3) or § 59 (3) (1) or (2) (a), or
-
2.
-
as an administrative offence,
-
a)
-
Section 60 (4) (1) (a) or (2) (a) or
-
b)
-
Section 60 (4) (1) (b) or (2) (b)
(2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in so far as this is necessary for the enforcement of the acts of the European Community or the European Union, by means of a legal regulation , without the consent of the Federal Council, to designate the facts to be punished as a criminal offence pursuant to Article 59 (3) (2) (b).
Section 11
Final provisions
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§ 63 Fees and Deposits
(1) The Federal Office of Consumer Protection and Food Safety charges fees and charges for individually attributable public services in connection with the tasks in accordance with § 68. (2) The Federal Ministry is authorized, in agreement with the Federal Ministries of Finance and Economics and Technology, by means of a regulation which does not require the consent of the Federal Council to determine the chargeable facts within the meaning of paragraph 1 and the amount of the fees, and to provide fixed rates or framework rates. The costs to be reimbured may be regulated by way of derogation from the Federal Fee Act.
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Section 64 Official collection of investigative procedures; notices
(1) The Federal Office for Consumer Protection and Food Safety shall publish an official collection of methods for sampling and testing of the products referred to in Article 2 (2), (3), (5) and (6), as well as of foods interchangeable with foodstuffs. Products. The procedures will be established with the participation of experts from the fields of surveillance, science and the economy involved. The Federal Office of Consumer Protection and Food Safety publishes an official collection of methods for sampling and analysis methods for the examination of animal feed. Before they are published, a group of representatives of science, feeding advice, feed inspection, animal feed control, agriculture and the economy which is otherwise involved is to be consulted. (3) Admissions, registrations, authorisations and advertisements shall be published by the Federal Office of Consumer Protection and Food Safety in the Federal Gazette (Bundesanzeiger), insofar as this is done by this Act or by a law adopted pursuant to this Act. Legal Regulation.
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Section 65 Task implementation
The Federal Ministry is authorized to:
-
1.
-
by legal regulation without the consent of the Federal Council, insofar as it is necessary for the fulfilment of the purposes specified in § 1, the Federal Office of Consumer Protection and Food Safety, the Federal Institute for Risk Assessment or the Max Rubner-Institut, Federal Research Institute for Food and Food, to assign the function of a Community or national reference laboratory with the tasks assigned to it,
-
2.
-
in order to promote a uniform implementation in respect of reporting obligations arising from acts of the European Community or of the European Union and consisting of the institutions of the European Union, by means of a legislative regulation , with the consent of the Federal Council, to determine that the competent authorities of the Länder shall provide the necessary data for the fulfilment of these reporting obligations to the Federal Office for Consumer Protection and Food Safety, or to the Federal Institute for to submit a risk assessment,
-
3.
-
by legal regulation with the consent of the Federal Council, the Federal Office for Consumer Protection and Food Safety in the framework of the activities assigned to it by § 2 (1) of the BVL Act, the Federal Institute for Risk Assessment within the framework of the Federal Council the activities of the Federal Institute for Agriculture and Food (Bundesanstalt für Landwirtschaft und Ernährung) as defined in Section 2 (1) of the BfR Act or the Federal Agency for Agriculture and Food within the framework of the activities of the Federal Institute for Agriculture and Food (Bundesanstalt für Landwirtschaft und Ernährung) as the competent body responsible for the implementation of acts of the The European Community or the European Union within the scope of this Act to the extent necessary for the uniform implementation of Community acts.
Insofar as the scope of section 13 (5) sentence 1 is concerned in the case of sentence 1, point 2, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety shall be replaced by the Federal Ministry in agreement with the Federal Ministry.
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§ 66 Statistics
(1) In the case of ante-mortem and post-mortem inspection and the result thereof, a statistic must be carried out which is to be collected and prepared by the Federal Statistical Office. (2) The Federal Ministry is empowered to act by means of a legal regulation with the consent of the Federal Statistical Office. Federal Council to obtain a comprehensive overview
-
1.
-
the information on the nature and content of the statistics referred to in paragraph 1,
-
2.
-
The competent authorities shall be required to provide information on the results of certain investigations.
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Section 67 Emergency appropriations for crisis periods
(1) The Federal Ministry is hereby authorized, in agreement with the Federal Ministry of Economics and Technology, to make exceptions to the provisions of this Act and of the provisions of this Act without the consent of the Federal Council. in the event of a serious threat to the essential supply of the products referred to in Article 2 (2), (5) and (6) to the essential public. The first sentence shall not apply to the prohibitions of Articles 5, 12, 26 and 30 and to legal regulations issued in accordance with Section 13 (1) (1) to (4) and (5) sentence 1 and in accordance with Section 34 of the Rules of Law. Exceptions to the prohibition of § 8 require additional agreement with the Federal Ministries referred to in § 8 paragraph 2. (2) The Federal Ministry is also authorized to make exceptions to the provisions of the Federal Council by means of a legal regulation without the consent of the Federal Council. Provisions of this Act and of the legal regulations enacted pursuant to this Act shall be permitted where the essential supply of animal feed to animals or the production of animal products or other products is otherwise seriously would be endangered. Sentence 1 shall not apply to the prohibitions of § § 17 to 20. (3) The period of validity of legal orders referred to in paragraphs 1 or 2 shall be limited to a limited period of time; legal orders pursuant to paragraph 1 or 2 shall be repealed if the risk of the reason for the exceptions arranged was finished.
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Section 68 Approval of exceptions
(1) The provisions of this Act and the legal regulations adopted pursuant to this Act may, on a case-by-case basis, allow for derogations in accordance with the provisions of paragraphs 2 and 3. Sentence 1 shall not apply to:
-
1.
-
the prohibitions of Sections 5, 12 and 17 (1), first sentence, point 1 and § § 18, 20, 26 and 30; and
-
2.
-
pursuant to Section 13 (1) (1) to (4) and (5), first sentence, (1), Article 14 (2) (1), (18) (3) (1) and (34) of the decree of law issued.
(2) Exceptions may only be allowed
-
1.
-
for the manufacture, treatment and placing on the market of certain foodstuffs, cosmetic products or goods, where results are to be expected to be achieved for a modification or addition to that of foodstuffs, cosmetic products or products, The provisions in force may be of importance, under official observation or where approximation of the legislation has not yet taken place in the case of acts of the European Community or of the European Union; The protection worthy interests of the individual as well as all the factors that the general the competitive situation of the industry in question may be adequately addressed,
-
2.
-
for the production, treatment and placing on the market of certain foods as special meals for relatives
-
a)
-
the Bundeswehr and allied forces,
-
b)
-
the Federal Police and the police,
-
c)
-
of civil protection, warning and alert services and other ancillary and emergency services
, including the necessary tests and the supply of such food to others where this is necessary for the proper supply of stocks,
-
3.
-
for the production, distribution and distribution of certain foodstuffs as notrations for the population,
-
4.
-
in other cases, in which special circumstances, in particular the looming spouse of foodstuffs or individual feedingstuffs or compound feedingstuffs, make it appear necessary to avoid unreasonable hardship; the Federal Ministry is of the the measures taken.
(3) Exceptions may only be allowed if the facts justify the assumption that there is no risk to human or animal health; exceptions may not be allowed
-
1.
-
in the cases referred to in paragraph 2 (1) and (4), from the legislation on sufficient information,
-
2.
-
in the cases referred to in point (4) of paragraph 2, the prohibitions of Sections 6, 8 and 10 of this Article.
(4) The Federal Office for Consumer Protection and Food Safety, in agreement with the Federal Office for Economic Affairs and Export Control, shall also be responsible for the authorisation of exceptions pursuant to paragraph 2 (1) and (3), in the case referred to in paragraph 2 (3), also in the case of: Agreement with the Bundesanstalt Technisches Hilfswerk. In the cases referred to in paragraph 2, point 2, the Federal Ministry shall be responsible, in agreement with the Federal Ministry for Economic Cooperation and Development, with regard to the federal and allied forces organizations. In the other cases referred to in paragraph 2 (2) and in the cases referred to in point 4 of paragraph 2, the authorities designated by the State governments shall be competent. The authorisation may be subject to conditions. (5) The authorisation of an exemption pursuant to paragraph 2 shall be limited to a maximum of three years. In the cases referred to in paragraph 2, point 1, it may be renewed on request three times, in the cases referred to in paragraph 2 (2) and (3), for a maximum period of three years, provided that the conditions for approval continue. (6) The authorisation of a The exception may be revoked at any time for important reasons. (7) The Federal Ministry is authorized, by means of a regulation with the consent of the Federal Council, in the cases referred to in paragraph 2 (1), (2), to the extent that it concerns organizations of the federal government or of allied forces. The armed forces act and point 3 rules on the procedure for the authorisation of exemptions, in particular on the nature and extent of the evidence and other documents to be provided by the applicant, and on the publication of applications, or shall be granted exemptions.
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Section 69 Approval of further exceptions
The competent authority in accordance with national law may, in individual cases,
-
1.
-
allow for temporary exceptions to § 21 (1) and (2) and the provisions adopted pursuant to Article 23a (8) and (9) for the purposes of research and investigation, if the project is carried out under scientific management or supervision; it shall inform the Federal Ministry of the measures taken,
-
2.
-
Allow temporary exceptions to § 21 (2) and the legal regulations issued for feedingstuffs pursuant to § 35 (1) and (2) (a), in so far as special circumstances, in particular natural events or accidents, do so in order to avoid unreasonable costs. Make it appear to be harbingable and compatible with the purposes specified in § 1; it provides for appropriate labelling and informs the Federal Ministry of the measures taken,
-
3.
-
Exceptions to the first sentence of Article 53 (1) with regard to feedingstuffs for the feeding of animals which have been brought to the European Union for participation in animal shows or similar events from a third country, and for research and development purposes; allow investigative purposes,
-
4.
-
Derogations from the provisions of Regulation (EC) No 767/2009, as provided for in Article 21 (8) of Regulation (EC) No 767/2009, shall immediately inform the Federal Ministry of the measures taken.
The competent authority in accordance with the law of the country may also:
-
1.
-
substances as feed additives in accordance with the provisions of Article 3 of Regulation (EC) No 1831/2003, as amended,
-
2.
-
in the cases of point 1, exceptions to § 21 (3) sentence 1
.
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Section 70 Legal orders in certain cases
(1) Legal orders under this Act, which require the consent of the Bundesrat, may, in the event of danger, or if it enters into force without delay in order to implement acts of the European Community or of the European Union is required without the consent of the Bundesrat. (2) The Federal Ministry may also amend, without the consent of the Federal Council, legal orders pursuant to § 7, § 8 (2), § 9 (2) or § 10 (4), insofar as unforeseen Health concerns require an immediate amendment of a legal regulation. (3) The Federal Ministry may, without the consent of the Federal Council, for the purpose of Section 1 (1) (1) or (4) (a) of the Federal Republic of Germany (4) (a), the Federal Ministry of Justice and the Federal Republic of Germany may not be able to comply with the provisions of (4) Rules of law referred to in paragraphs 1 to 3 do not require the agreement to be made with the relevant provisions of the law of the European Community or of the European Union, which are to be applied in accordance with paragraphs 1 to 3. Federal Ministries. The legal regulations shall be repeals no later than six months after their entry into force. The validity period may only be extended with the consent of the Federal Council. (5) Legal regulations under this Act, which are exclusively the implementation of binding technical regulations from directives or decisions of the European The Federal Republic of Germany may, without the consent of the Federal Council, be able to enact decisions or decisions of the European Union. (6) The Federal Ministry shall be authorized to do so by means of a regulation without the consent of the Bundesrat. References to provisions in European Community legislative acts, or (7) The Federal Ministry shall be authorized to comply with the provisions of this Act or in accordance with the laws enacted pursuant to this Act. (7) The Federal Ministry shall be authorized to comply with the provisions of this Act. , without the consent of the Bundesrat, to delete provisions of this Act or of the legal regulations adopted pursuant to this Act, or to adapt it in its wording to a remaining area of application, provided that such provisions are amended by the adoption of Provisions in directly applicable European legislative acts The Federal Republic of Germany or the European Union have become inapplicable within the scope of this Act. (8) To the extent that it is necessary for better legibility, the Federal Ministry shall be authorized to do so by means of a regulation without the consent of the Federal Council in accordance with legal regulations adopted pursuant to this Act, the individual provisions, their subdivisions and the annexes shall be accompanied by new signs of order and the other units of classification shall be amended accordingly; (9) The legal regulations referred to in paragraph 6, 7 and 8 shall be issued by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety in agreement with the Federal Ministry, in so far as legal regulations are affected by virtue of Section 13 (5) or § 62 (2). (10) Insofar as Legal regulations under this law may be adopted for food, such legal regulations may also be adopted for live animals within the meaning of Article 4 (1) (1). (11) As far as the movement of products, including: the animals living in accordance with Article 4 (1) (1) may be enacted in accordance with this law; such legal regulations may also apply to:
-
1.
-
the movement of products, including live animals within the meaning of Article 4 (1) (1), under the clearance of free circulation, or
-
2.
-
the movement of products, including live animals within the meaning of Article 4 (1) (1), with the aim of making free circulation
(12) By way of derogation from § 9 (2) or § 21 (3) sentence 4, legal orders in accordance with § 9 (2) (2) (b) or § 21 (3) sentence 4 (2) shall be required not the consent of the Federal Council and, in the cases of § 9 (2) (2) (b), not of the agreement of the Federal Ministry of Economics and Technology. The Federal Ministry is authorized, by means of a regulation without the consent of the Federal Council, to have the power to issue legal orders pursuant to § 9 (2) (2) (b) or § 21 (3) sentence 4 (2), in whole or in part, to the The Federal Office of Consumer Protection and Food Safety has to be transferred. Legal regulations of the Federal Office for Consumer Protection and Food Safety due to a legal regulation pursuant to sentence 2 do not require the consent of the Federal Council and, in the cases of § 9 (2) (2) (b), not of the Agreement of the Federal Ministry of Economics and Technology. (13) In the legal regulations under this law, the respective empowerment can be transferred in whole or in part to the state governments. To the extent that a decree issued in accordance with the provisions of the first sentence empowers the national governments to issue legal regulations, they are entitled to transfer the authorization, in whole or in part, to other authorities by means of a regulation of the law. (14) The National governments are authorized to issue legal orders in accordance with Section 14 (1) (4) with regard to the conditions under which dairy companies may have certain names such as dairy, dairy, dairy, dairy or dairy products, as long as the Federal Government does not have the power to act in accordance with Section 14 (1) (4) It has made use of certain articles or has not expressly reserved the rules of certain articles in a regulation. The State Governments have the power to transfer the authorization, in whole or in part, to other authorities by means of a legal regulation.
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Section 71 Participation of the public
The participation of the public provided for in Article 9 of Regulation (EC) No 178/2002 shall be carried out before the adoption of legal orders under this Act. This shall not apply to legal regulations in accordance with § § 46, 55 and 70 (1) to (3) and (5) to (9).
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Section 72 External transport
The traffic with the competent authorities of other Member States and other States Parties to the Agreement on the European Economic Area and with the European Commission, bodies of the European Union and the EFTA Surveillance Authority is responsible for the Federal Ministry This power may be conferred by a regulation without the consent of the Federal Council to the federal supervisors or federal institutions of public law, by means of a regulation with the consent of the Federal Council to the competent authorities. the supreme state authorities. It may also delegate the power to the competent supreme state authority in consultation with the competent national authority. The supreme state authorities may transfer the powers after sentences 2 and 3 to other authorities.
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Section 73 Announcement of legal regulations
By way of derogation from § 2 (1) of the German Federal Gazette (Federal Gazette), legal orders under this Act may be announced.
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Section 74 Scope of certain provisions
Article 9 (1), first sentence, point 3, section 21 (3), first sentence, point 3, section 59, paragraph 1, point 6, in so far as it refers to the first sentence of Article 9 (1), point 3, and the second paragraph of paragraph 2 and paragraph 60 (2), point 8, insofar as it refers to section 21 (3), first sentence, point 3, and paragraph 3. Point 2 shall not apply to products for which, in accordance with Article 49 (1) of Regulation (EC) No 396/2005, the requirements of Chapter III of that Regulation do not apply.
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Section 75 Transitional arrangements
(1) In respect of the prosecution of criminal offences, facts which arose before 4 August 2011, § 10 (1) sentence 1, paragraph 3, point 2 and section 58, paragraph 1, point 4, shall be applied further in the version in force until 3 August 2011. (2) For Facts established up to the date of the date of the day 18 months after the date of application of the Community list referred to in the third subparagraph of Article 30 of Regulation (EC) No 1334/2008, shall be deemed to be the second sentence of the second sentence. shall not apply to flavourings intended for use in foodstuffs, with the exception of artificial flavouring substances within the meaning of Article 1 (2) (b) (b) (iii) of Council Directive 88 /388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their use in foodstuffs Manufacture (OJ C 327 29), as last amended by Regulation (EC) No 1882/2003 (OJ 2003 L 184, p. 1). OJ L 284, 31.10.2003, p. 1). The Federal Ministry of the Interior is aware of the day after sentence 1 of the Federal Law Gazprom. (3) It is necessary to apply:
-
1.
-
Section 59 (2) (5) (a) and (c) (2) (aa), (bb) and (cc) with regard to Articles 4 (1) and 5 of Regulation (EC) No 1333/2008 from the date of application of the Community list referred to in Article 4 (1) of Regulation (EC) No 1333/2008 1333/2008,
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2.
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Section 59 (2) (5) (b) with regard to Article 4 (2) of Regulation (EC) No 1333/2008 as from the date of application of the Community list referred to in Article 4 (2) of Regulation (EC) No 1333/2008,
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3.
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Section 59 (2) (6) (b) from the date on which the date of the day is 18 months after the date of application of the Community list referred to in the third subparagraph of Article 30 of Regulation (EC) No 1334/2008;
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4.
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Section 59 (2) (4) as from the date of application of the Community list referred to in Article 24 (2) of Regulation (EC) No 1332/2008.
(4) Until the first adoption of a legal regulation pursuant to Section 44a (3), the following shall apply:
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1.
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The obligation to notify pursuant to Article 44a (1), first sentence, of the provisions of footnote 31 of the Annex to Commission Regulation (EC) No 1881/2006 of 19 December 2006 on the congeny of dioxins and dioxin-like polychlorinated biphenyls shall be the subject of the notification to the Commission. Fixing the maximum levels for certain contaminants in foodstuffs (OJ L 327, 30.4.2004, p. 5), as last amended by Regulation (EU) No 165/2010 (OJ L 364, 27.12.2010, p. 8), and for the congenation of non-dioxin-like polychlorinated biphenyls with regard to the congeners referred to in section 4 of the Contaminants Regulation,
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2.
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any notification shall be made without delay in writing or in electronic form, after receipt of the information required to inform the communication of the fact that the notification has been subject to a notification;
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3.
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the competent authorities of the countries shall have the results of the investigation referred to in Article 44a (2) up to the age of 15. Submit the day of the month for the previous month to the Federal Office of Consumer Protection and Food Safety.
In the regulation referred to in the first sentence, the non-application of the first sentence is to be determined. (5) § 17a shall not apply until 1 July 2013. (6) The Federal Ministry of Food, Agriculture and Consumer Protection shall each make the days from which the are to be applied in accordance with the provisions of paragraph 3, in the Federal Law Gazans.
Footnote
(+ + + § 75 (6) (former para. 5) iVm para. 3 no.1: In accordance with Article 2 (1) of Commission Regulation (EU) No 1129/2011 of 11 November 2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council in the A list of food additives in the European Union (OJ C 327, 30.4.2004, p. 1), the Community list referred to in Article 75 (3) (1) shall apply as from 1 June 2013 and the provisions referred to in Article 59 (2) (5) (a) and (c) (aa), (bb) and (cc) shall apply from 1 June 2013. shall apply to the No. 1 Bek. v. 17.11.2011 I 2254 + + +)
(+ + + § 75 Abs. Article 3 of Commission Regulation (EC) No 1130/2011 of 11 November 2011 amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on the Food additives with a view to a list of the European Union of food additives authorised for use in food additives, food enzymes, food flavourings and nutrients (OJ L 327, 30.4.2004, p. 178), the Community list referred to in Article 75 (3) (2) shall apply from 2 December 2011 and the provision referred to in Article 59 (2) (5) (b) shall apply as from 2 December 2011 in accordance with the provisions of Article 59 (2) (5) (b). No. 2 Bek. v. 17.11.2011 I 2254 + + +)
