Preliminary Tobacco Law

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LMG 1974

Date of completion: 15.08.1974

Full quote:

" Preliminary tobacco law in the version of the notice of 9 September 1997 (BGBl. 2296), the most recent of which is Article 1 of the Law of 22 May 2013 (BGBl. I p. 1318).

Status:	New by Bek. v. 9.9.1997 I 2296;
	Last amended by Art. 1 G v. 22.5.2013 I 1318

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1978 + + +) 
(+ + + Do not apply measures due to EinigVtr in accordance with the provisions of this Regulation).  Art. 109 No. 4   
 Buchst. d G v. 8.12.2010 I 1864 mWv 15.12.2010 + + +) 
(+ + + For non-application of § 46f cf.  § 3 V v. 7.8.2007 I 1939 (RZV) + + +) 

  

Heading: Amtl. Letter abbreviation inserted. by Article 1 (1) G v. 24.11.1994 I 3538 mWv 7.12.1994
Heading: IdF d. Art. 5 No. 1 G v. 1.9.2005 I 2618 mWv 7.9.2005
The G was decided as Article 1 G v. 15.8.1974 I 1945 by the Bundestag with the consent of the Bundesrat. It's gem. Article 12 of this Act entered into force on 1 January 1975, subject to d. § § 11, 14 (1) no. 2, § 16 (1) sentence 1 with regard to the information d. Content of additives, § 20 (1), § 23, insofar as it refers to § 14 (1) no. 2, § 25 (1) and the criminal and legal provisions relating to these provisions. Fines rules which entered into force on 1 January 1978. Unofficial table of contents

§ 1

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§ 2

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§ 3 Tobacco Products

(1) Tobacco products within the meaning of this Act are products made from raw tobacco or raw tobacco products intended for smoking, chewing or other oral use or for snuff. (2) The tobacco products are equal to:

1.

Raw tobacco and tobacco products similar to those intended for smoking, chewing or other oral use or to the snuff;

2.

Cigarette paper, artificial leaflets and other ingredients firmly attached to the tobacco product, with the exception of cigar mouthpieces and smoke filters of all kinds;

3.

Products referred to in point 2 where they are intended to be used in the non-industrial production of tobacco products.

(3) Tobacco products shall not be considered to be products within the meaning of paragraph 1 and of paragraph 2 (1) for the alleviation of asthma. Unofficial table of contents

§ 4

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§ 5 Demand

(1) Commodities within the meaning of this Act are packs, containers or other envelopes intended to come into contact with tobacco products. (2) (omitted) (3) The Federal Ministry of Food, Agriculture and Food Consumer protection (Federal Ministry) is authorized, in agreement with the Federal Ministry of Economics and Technology, by means of legal regulation with the consent of the Federal Council, insofar as it is necessary to endanger the health of other objects and means of personal or domestic demand; of which, in the case of intended or pre-intended use, on the basis of their material composition, in particular by means of toxicologically active substances or by impurities, adverse health effects on the human body shall be capable of equating the needs of the consumer. Unofficial table of contents

§ 6 Consumers

(1) Consumers within the meaning of this Act shall be the consumer of tobacco products for their personal use or for use in their own household. (2) The consumer shall be equal to restaurants, communal catering facilities as well as trader, where they relate to the products referred to in paragraph 1 for consumption within their premises. Unofficial table of contents

Section 7 Other definitions

(1) For the purposes of this Act:

-

Manufacture: winning, manufacturing, preparing, working and processing;

-

Placing on the market: the offering, holding up for sale or for other delivery, holding and each giving to others;

-

Treatment: weighing, measuring, refilling, stamping, printing, packaging, cooling, storing, storing, promoting and any other activity which is not to be regarded as a production, placing on the market or consumption;

-

Consumption: food, chewing, drinking, and any other supply of substances in the stomach.

(2) The production, treatment and placing on the market within the meaning of this Act shall be subject to the production, treatment and distribution of cooperatives or other associations of persons for their members, as well as in institutions for the purpose of: Community catering is the same. Unofficial table of contents

§ § 8 to 12 (omitted)

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§ 13 prohibition of irradiation and authorisation of authorisation

(1) It is prohibited to:

1.

in the case of tobacco products, to use non-authorised irradiation with ultraviolet or ionizing radiation on a commercial basis;

2.

To place tobacco products on the market which are irradiated contrary to the prohibition of paragraph 1 or of a regulation adopted pursuant to paragraph 2.

(2) The Federal Ministry is authorized, in agreement with the Federal Ministry of Education and Research, by means of a legal regulation with the consent of the Federal Council,

1.

in so far as it is compatible with the protection of the consumer, to allow such irradiation in general or for certain tobacco products or for certain uses;

2.

in so far as it is necessary, in order to protect the consumer, to prescribe certain technical procedures for authorised radiation.

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§ 14 Plant protection-or other means

(1) It is prohibited to place tobacco products on the market in the commercial sector;

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, protection products or pesticides (plant protection products or other means) or their degradation or reaction products, which exceed the maximum quantities fixed in accordance with paragraph 2 (1) (a);

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 the tobacco products or their starting materials; this shall not apply to such products or their starting materials; this shall not apply to such products. The maximum quantities referred to in paragraph 2 (1) (a) shall be fixed.

(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,

1.

in so far as it is necessary to protect the consumer,

a)

for plant protection or other means or their degradation and reaction products, to fix maximum levels which may not be exceeded in or on tobacco products in the commercial market;

b)

prohibit the placing on the market of tobacco products in respect of which certain substances have been used as plant protection or other agents in the case of their starting materials,

c)

Measures for the deforestation, decontamination or disinfection of premises or equipment in which tobacco products are manufactured, treated or placed on the market, subject to authorisation or notification, and the use of such products 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 protection of the consumer, to allow exemptions from the prohibition in paragraph 1 (2).

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§ 15

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§ 16 Information

(1) The application of the irradiation permitted in legal regulations pursuant to Section 13 (2) no. 1 shall be marked. The Federal Ministry shall be empowered to regulate in these jurisdictions the type of information and to allow exceptions to the obligations of information to the extent compatible with the protection of the consumer or the consumer (2) 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 is necessary for the protection of the consumer or the consumer,

1.

to adopt rules on the identification of substances within the meaning of § 14;

2.

to require tobacco products to be accompanied by certain information, in particular on the use of the substances.

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§ 17 prohibitions on protection against deception

It is forbidden,

1.

tobacco products or tobacco products which have been manufactured or treated, contrary to the provisions of Article 31, to be placed on the market as tobacco products, for the purposes of Section 3;

2.

a)

Tobacco products,

b)

tobacco products which, in terms of their nature, differ from the point of view of transport, and are thereby not insignificantly reduced in value, in particular in their enjoyment value, or in their usefulness; or

c)

tobacco products which are suitable for raising the appearance of a better than the actual nature of the product;

to be placed on the market without sufficient knowledge;

3.

And 4 (omitted)

5.

To place tobacco products on the market under the misleading description, indication or presentation or to advertise tobacco products in general or in an individual case with misleading representations or other statements. In particular, there is a risk of misconduct,

a)

when tobacco products are produced which do not come to them according to scientific findings or which are not scientifically adequately protected,

b)

if, for the purpose of deception, appropriate names, particulars, representations, representations or other statements concerning the origin of the tobacco products, their quantity, their weight, the date of manufacture or packaging, their durability or the any other circumstance that determines the assessment of such circumstances,

c)

in the case of tobacco products being given the appearance of a medicinal product.

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§ § 18 to 19a (omitted)

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§ 20 prohibition of use and authorisation of authorisation

(1) It is prohibited to:

1.

use substances which are not authorised for the commercial production of tobacco products intended to be placed on the market;

2.

to place tobacco products on the market which are manufactured contrary to the prohibition laid down in point 1 or which do not comply with a legal regulation adopted pursuant to paragraph 3 (1) or (2) (a);

3.

Substances which may not be used in the manufacture of tobacco products on a commercial basis for such use or for use in the manufacture of tobacco products by the consumer shall be placed on the market.

(2) Paragraph 1 shall not apply

1.

raw tobacco, substances which are natural for raw tobacco, on odour and flavouring substances which are of natural origin or which are chemically identical to those of natural origin,

2.

to processing aids within the meaning of the Food and Feed Code.

(3) 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,

1.

in so far as it is compatible with the protection of the consumer, to authorise substances in general or for certain tobacco products or for certain purposes;

2.

in so far as it is necessary to protect the consumer,

a)

to fix maximum levels of authorised substances or substances which are not subject to authorisation in accordance with paragraph 2 in tobacco products and purity requirements for these substances,

b)

to adopt rules on the identification of the content of authorised substances.

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Section 21 Empowerment

(1) 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,

1.

in so far as it is necessary for the protection of the consumer or, in the case of point (f), third parties against damage to health,

a)

prohibit or restrict the use of substances which do not require authorisation pursuant to Article 20 (2), and the use of certain procedures in the manufacture or treatment of tobacco products;

b)

to lay down rules on the nature and efficiency of objects or means to reduce the content of certain substances in certain tobacco products or in their smoke, and the use of such articles, or to prescribe funds,

c)

to set the maximum levels for the content of certain raw materials,

d)

require information on the content of certain tobacco products to be used in the transport of certain tobacco products or in the advertising of certain tobacco products,

e)

to prescribe the conditions under which information relating to the content of certain substances in certain tobacco products or in their smoke, in particular nicotine or tar, may be used,

f)

to require, in the case of certain tobacco products or advertising for certain tobacco products, warnings or other warnings to be used in the form of safety precautions or advice on health,

g)

prohibit the placing on the market of tobacco products intended for use in other forms of oral use as smoking or chewing,

h)

require the manufacturer or the importer to provide certain information, in particular on the production or composition of tobacco products, on the substances used in this case, on the function thereof, on the effects of these substances in in the case of a burnt or unburnt form, and the assessments which result from the assessment of the health of the competent authority,

i)

specify certain requirements and the methods of investigation which determine the content of certain substances in tobacco products or their smoke,

j)

require the tests to be carried out on certain levels of substances in tobacco products or their smoke only by approved testing laboratories and the requirements for such testing laboratories, in particular with regard to aptitude tests and ongoing training;

2.

in so far as it is necessary, in order to protect the consumer or the consumer against deception, to prescribe for certain tobacco products,

a)

in the case of packages, containers or other envelopes in which they are placed on the market or on tobacco products themselves, times, in particular at the time of manufacture or packaging, or on the shelf life, or indication of the origin or preparation,

b)

that tobacco products which do not meet certain requirements for the manufacture, composition or quality of tobacco products, or other tobacco products of a particular nature or nature, are not sufficiently well known or only available to: may be placed on the market under certain names, other information or arrangements,

c)

that they are not allowed to be placed on the market under certain designations, particulars or arrangements which are appropriate for the purpose of misleading and that they are not subject to any representations or other statements which may be misled for misleading shall be allowed.

Tobacco products which do not comply with a Regulation adopted pursuant to paragraph 1 (1) (a) to (c) may not be placed on the market in commercial terms. Unofficial table of contents

Section 21a Advertising and sponsorship prohibitions on the implementation of Directive 2003 /33/EC

(1) For the purposes of this provision:

1.

Advertising: advertising within the meaning of Article 2 (b) of Directive 2003 /33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to advertising and sponsorship in favour of Tobacco products (OJ L 327, EU No L 152 p. 16, 2004 No OJ L 67, p. 34),

2.

Sponsorship: Sponsoring within the meaning of Article 2 (c) of Directive 2003 /33/EC,

3.

Information society services: services of the information society within the meaning of Article 2 (d) of Directive 2003 /33/EC.

(2) It is prohibited to advertise tobacco products on the radio. (3) It is prohibited to advertise tobacco products in the press or in any other printed publication. By way of derogation from the first sentence, tobacco products may be advertised in a publication in accordance with the first sentence;

1.

which is intended exclusively for persons engaged in tobacco trade,

2.

which is printed and issued in a Member State which is not a Member State of the European Union, provided that this publication is not primarily intended for the market in the European Union,

3.

The

a)

affects, in its editorial content, largely tobacco products or products used for their use, and

b)

is intended only for the public referred to in point (a) and shall be made available to the public.

(4) Paragraph 3 shall apply to the advertising of tobacco products in services of the information society. (5) It shall be prohibited for a company whose principal activity is the manufacture or sale of tobacco products, to provide a radio programme for radio broadcasting. (6) It is forbidden to organize an event or activity,

1.

in which several Member States are involved,

2.

which is taking place in several Member States, or

3.

which has any other cross-border effect,

(7) It is prohibited to provide free of charge to tobacco products in connection with an event the sponsorship of which is prohibited under paragraph 6, with the aim or the direct or indirect effect of promoting the sale of tobacco products. . Unofficial table of contents

Section 21b Certain prohibitions on the implementation of the Audiovisual Media Services Directive

(1) For the purposes of this provision:

1.

Sponsorship: Sponsoring within the meaning of Article 1 (k) of Directive 89 /552/EEC of the European Parliament and of the Council of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of media services (Audiovisual Media Services Directive) (OJ L 327, 27.12.1989 23), as last amended by Directive 2007 /65/EC (OJ L 298, 17.10.2007, p. OJ L 332, 18.12.2007, p. 27),

2.

Product placement: product placement within the meaning of Article 1 (m) of Directive 89 /552/EEC,

3.

Audiovisual commercial communication: audiovisual commercial communication within the meaning of Article 1 (h) of Directive 89 /552/EEC.

(2) Companies whose main activity is the manufacture or sale of tobacco products shall not be allowed to sponsor any audiovisual media services or broadcasts. (3) Product placements in consignments produced after 19 December 2009 in favour of: Tobacco products or for the benefit of a company whose main activity is the manufacture or sale of tobacco products shall be prohibited. (4) Any other form of audiovisual commercial communication for tobacco products shall be prohibited. Unofficial table of contents

Section 22 Advertising bans

(1) (omitted) (2) It is prohibited to use tobacco products in the market or in advertising for tobacco products in general or in individual cases

1.

the use of designations, particulars, representations, representations or other statements,

a)

which gives the impression that the enjoyment of tobacco products or the intended use of tobacco products is harmless to health or is likely to have a favourable effect on the functioning of the body, performance or well-being,

b)

which, in their own way, are particularly suited to causing young people or adolescents to smoke,

c)

that make the inhalation of tobacco smoke appear to be worth using;

2.

Use the names or other indications to indicate that the tobacco products are natural or natural.

The Federal Ministry is authorized to allow exceptions to the prohibition of number 2 by means of a decree law with the consent of the Federal Council, insofar as it is compatible with the protection of the consumer. (3) The Federal Ministry is authorized to Agreement with the Federal Ministry of Economics and Technology, with the consent of the Federal Council, with the consent of the Federal Council, in so far as it is necessary to protect the consumer, to adopt rules for the implementation of the prohibitions referred to in paragraph 2, in particular

1.

the nature, scope or design of advertising by means of certain advertising materials or in certain places;

2.

prohibit or restrict the use of representations or statements made by members of certain categories of persons.

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Section 22a Areas not covered by certain advertising prohibitions

The prohibitions laid down in Article 21a (2) and (3), first sentence, also in conjunction with paragraph 4, and Article 21b (2) to (4) do not cover editorial reporting on tobacco products. In addition, the prohibition of § 21a (3) sentence 1, also in conjunction with paragraph 4, does not cover a reprint of a publication referred to there from 29 December 2006, which is subject to the provisions of this law in the period up to 29 December 2006. In 2006, it is in force. Unofficial table of contents

Section 23

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§ 24

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Section 25

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§ § 26 to 29 (omitted)

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Section 30 prohibitions on the protection of health

It is forbidden,

1.

to manufacture or treat, in such a way as to be suitable for use in the intended or pre-intended use, the health by its composition, in particular by means of toxicologically active substances, or by pollution, to damage;

2.

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 on-demand items on the market.

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Section 31 Transition of substances to tobacco products

(1) It shall be prohibited to use objects as commodities intended to be used in the manufacture, treatment or placing on the market of tobacco products and in so doing to come into contact with the tobacco products or to make use of such articles to be used, to be used for commercial purposes or to be placed on the market for such purposes as to transfer substances to tobacco products or their surface, with the exception of health, odourless and flavourless substances Shares which are technically unavoidable. (2) The Federal Ministry is authorized to by means of a regulation with the consent of the Federal Council, in so far as it is compatible with the protection of the consumer, to fix the shares for certain substances which are to be regarded as harmless and unavoidable within the meaning of paragraph 1. The Federal Ministry may, with the consent of the Federal Council, transfer the authorisation to the Federal Office for Consumer Protection and Food Safety with the consent of the Federal Council; the Federal Office for Consumer Protection and Food Safety shall require the Federal Office for Consumer Protection The adoption of such legal regulations shall not be subject to the consent of the Bundesrat. Unofficial table of contents

Section 32 Empowerment

(1) The Federal Ministry is hereby authorized, with the consent of the Federal Council, with the consent of the Federal Council, in cases where it is necessary to prevent the health of goods from being exposed to health, in the cases referred to in point 9b to inform the Federal Council of consumers,

1.

prohibit or restrict the use of certain substances, groups of substances and mixtures of substances in the manufacture or treatment of certain supplies;

2.

require that only certain substances may be used for the production of certain materials or parts of them;

3.

prohibit or restrict the use of certain procedures in the manufacture of certain supplies;

4.

to fix the maximum quantities of substances which may, on the basis of certain requirements, affect or transfer to consumers or which may be present in or on the production, treatment or placing on the market of certain items of supplies ,

5.

lay down purity requirements for certain substances used in the production of certain commodities;

6.

(dropped)

7.

require that certain items of goods be placed on the market only in packs or containers;

8.

to prescribe warnings, other warning arrangements, safety precautions or instructions for behaviour in the event of accidents in the traffic with certain items of purchase;

9.

to prescribe that

a)

the content of certain substances in certain consumer goods,

b)

in the case of certain items of purchase, a restriction of the intended use;

c)

(dropped)

, as well as the way in which it is to be identified;

9a.

make the use of certain items of goods subject to authorisation and regulate the authorisation procedure;

9b.

the nature and extent of the labelling of subject-products, specifying in particular the indication of the name and particulars of the manufacturer or the person responsible for placing it on the market within the scope of that law;

10.

11. (dropped)

12.

stipulate that certain items of goods may only be placed on the market with an accompanying document, as well as the details of the content, form and design of the accompanying document.

(2) Items which do not comply with a regulation adopted pursuant to paragraph 1 (1) (1) to (3) or (5) may not be placed on the market in commercial terms. (3) Legal orders referred to in paragraph 1 shall require the agreement of the Federal Ministries of Economy and Technology, Environment, Nature Conservation and Nuclear Safety. Unofficial table of contents

§ § 33 and 34 (omitted)

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Section 35 Official collection of investigation procedures

The Federal Office of Consumer Protection and Food Safety publishes an official collection of methods for sampling and testing tobacco products and supplies (products within the meaning of this Act). The procedures will be established with the participation of experts from the fields of surveillance, science and the economy involved. The collection must be kept up-to-date. Unofficial table of contents

Section 36 Emergency appropriations for crisis periods

(1) The Federal Ministry is authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a decree law which does not require the consent of the Federal Council, exceptions to the provisions of this Act and of the this law shall be permitted if the essential supply to the population of products within the meaning of that law would otherwise be seriously compromised. Sentence 1 shall not apply to the prohibitions of § § 21a, 21b and 22. Exceptions to the prohibition of § 13 require additional agreement with the Federal Ministry of Education and Research. (2) The period of validity of the legal regulations referred to in paragraph 1 shall be limited to a limited period. Unofficial table of contents

Section 37 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 the prohibitions of Sections 21a, 21b and 22. (2) Exceptions may only be permitted for the manufacture, treatment and placing on the market of tobacco products under official observation, provided that the results are to be expected for a To amend or supplement the rules on tobacco, in order to ensure that the interests of the individual and all the factors which may influence the general competitive position of the industry are appropriate. (3) Exceptions may only be allowed if the facts are adopted justify the fact that there is no risk to human health. Exceptions may not be allowed in the cases referred to in paragraph 2 of the rules relating to adequate information. (4) The Federal Office for Consumer Protection and Food Safety shall be responsible for the authorisation of exceptions pursuant to paragraph 2. in agreement with the Federal Office for Economic Affairs and Export Control (Bundesamt für Wirtschaft und Export Control). (5) The approval of an exemption pursuant to paragraph 2 shall be limited to a maximum period of three years. It can be extended on request three times by a maximum of three years, provided that the condition for admission continues. (6) The admission of an exception can be revoked at any time for important reasons. The Federal Ministry is authorized to comply with the provisions of the provisions of paragraph 2 with the consent of the Federal Council, with the consent of the Federal Council, with the consent of the Federal Council, in particular on the nature and extent of the exceptions. (8) (omitted) from the applicant's evidence and other documents, as well as on the publication of applications or granted exemptions. (8) Unofficial table of contents

Section 38 Legal orders in urgent cases

(1) Legal orders under this Act may, in the event of danger or if it is necessary for their immediate entry into force for the implementation of acts of the institutions of the European Community or of the European Union, be without the consent of the (2) The Federal Ministry may also, without the consent of the Federal Council, amend legal regulations in accordance with § 13 para. 2 and § 14 para. 2 if unforeseen health concerns an immediate amendment of this legal regulation (3) Legal orders referred to in paragraphs 1 and 2 shall not be subject to the Agreement with the Federal Ministries to be held in each case. The legal regulations shall be repeals no later than six months after their entry into force. The term of validity can only be extended with the consent of the Federal Council. (4) Legal regulations in the cases of paragraphs 1 and 2 may be announced in the Federal Gazette by way of derogation from § 2 (1) of the law of the proclamation and notice of notice. Unofficial table of contents

Section 38a Legal regulations on the approximation of Community law or Union law

(1) Legal orders under this Act may also be adopted for the purpose of approximation of the laws, regulations and administrative provisions of the Member States of the European Union where this is necessary for the implementation of acts adopted by the institutions of the European Union. (2) The Federal Ministry may also issue legal orders under this Act, which shall only be subject to the implementation of binding technical regulations. Acts of the institutions of the European Community or of the European Union, without the consent of the Federal Council. Unofficial table of contents

Section 38b Transfer of appropriations

In the legal ordinances on the basis of this law, the respective empowerment can be transferred in whole or in part to the state governments. To the extent that a legal regulation issued in accordance with the first sentence authorises 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. Unofficial table of contents

Section 39 Consultation of expert experts

Prior to the adoption of regulations under this law, a group of experts from science, consumers and the economy involved should be consulted. This does not apply to regulations in accordance with § § 38, 44 and 48. Unofficial table of contents

§ 40 Responsibility for monitoring

(1) The responsibility for the surveillance measures referred to in this Law shall be governed by the law of the country. § 48 shall remain unaffected. (2) In the field of the Bundeswehr, the enforcement of this law shall be the responsibility of the monitoring of the transport of products within the meaning of this Act, in particular in the catering facilities and canteens, the competent authorities and Experts from the German Armed Forces. (3) The authorities and authorities of the Federal Government and the Länder responsible for the implementation of this law have mutually exclusive

1.

to communicate to the authorities and experts responsible for the enforcement of the law; and

2.

in the event of infringements and in the event of suspicion of infringements of the rules of food law for the respective areas of responsibility, to inform and assist each other in the course of the investigation.

(4) Competent authorities

1.

provide information to the competent authority of another Member State on a reasoned request and provide the necessary documents and documents in order to monitor compliance with the rules applicable to products; ,

2.

check all the facts notified by the applicant authority of another Member State and inform it of the outcome of the examination.

5. The competent authorities shall communicate to the competent authorities of another Member State all the facts and facts necessary to monitor compliance in that Member State with the rules applicable to products, (6) The competent authorities may, in so far as they comply with the requirements of this Act or the provisions of this Act, be able to comply with the requirements of the law or the law , or through acts adopted by the institutions of the European Community or of the European Union, the data they have obtained in the context of surveillance, the competent authorities of other countries, the federal or other Member States or the European Commission (7) Information, communications and transmission of documents and documents relating to the checks referred to in paragraphs 4 to 6 shall be provided to the European Parliament, provided that they concern other States Parties to the Agreement on the European Economic Area. Commission. (8) (omitted) Unofficial table of contents

Section 41 Implementation of the monitoring

(1) The observance of the provisions relating to the movement of products within the meaning of this Act shall be monitored by the competent authorities. They have to be convinced by regular inspections and sampling that the rules are complied with. (2) Monitoring is 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:

a)

adopt the requirements to be met by the scientifically trained person referred to in paragraph 1 and the competent persons referred to in paragraph 2 above,

b)

to enact technical 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. (3) Where it is necessary to implement the provisions relating to the movement of products within the meaning of this Act, the rules on the use of the Surveillance officers, in the event of danger in default, all officers of the police, empowered,

1.

Land and premises, in or on which products within the meaning of this Act are manufactured, treated or placed on the market, as well as the business premises belonging thereto, during the normal operating or business hours enter;

2.

on the prevention of urgent threats to public security and public order

a)

the land and premises referred to in paragraph 1, even outside the periods referred to therein;

b)

Living rooms of the according to point 4 for information

; the fundamental right of inviolability of the dwelling (Article 13 of the Basic Law) is restricted to this extent;

3.

all business writing and data carriers, in particular records, freight letters, production descriptions and documents relating to the materials used in the manufacture, and to make copies or excerpts thereof, and to inspect equipment and equipment for the carriage of products within the meaning of this Act;

4.

any information required by natural and legal persons and non-legal persons associations, in particular those relating to the manufacture, the substances which are to be processed and their origin.

(3a) (a) (4) The person who is obliged to provide information may refuse to reply to such questions, the answer to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the danger of criminal law (5) (omitted) prosecution or proceedings under the law on administrative offences. (5) Unofficial table of contents

§ 42 sampling

(1) In so far as it is necessary for the implementation of the rules on the movement of products within the meaning of this Act, the persons responsible for monitoring and the officials of the police shall be entitled to rehearsals against the receipt of the certificate. their selection for the purpose of the investigation, or to take them out. A part of the sample or, if the sample is not visible in parts of the same condition or without endangering the test purpose, a second piece of the same type and from the same manufacturer as the sample taken as a sample, to leave. The manufacturer can refrain from rejecting a sample. (2) Retests to be returned must be officially closed or sealed. They shall be provided with the date of sampling and the date of the day after which the closure or sealing shall be deemed to have been withdrawn. (3) For samples taken in the framework of official supervision under this Act, the following shall be provided: In principle, no compensation. In the individual case, compensation should be paid up to the amount of the selling price if otherwise an undue hardship would occur. (4) The power to take samples also extends to products within the meaning of this Act, which shall be on markets, roads or public places or in the travel industry, or which are on the road to the consumer before they are handed over. Unofficial table of contents

Section 43 Dulunding and co-action obligations

The holders of the land, premises, facilities and equipment referred to in § 41 and the representatives appointed by them as well as persons who place products on the market in accordance with section 42 (4) shall be obliged to take the measures in accordance with § § 41 and to assist persons working in surveillance in the performance of their duties, in particular to identify, at the request of them, the premises, facilities and equipment, to open spaces and containers and to remove the samples. , Unofficial table of contents

§ 43a External transport

The Federal Ministry is responsible for transport with the competent authorities of other Member States and the European Commission. This power can be transferred to the Federal Office of Consumer Protection and Food Safety or with the consent of the Federal Council to the competent national authorities without the consent of the Federal Council. 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. Unofficial table of contents

§ 44 Empowerment

The Federal Ministry is empowered to promote a uniform implementation of the monitoring, by means of a legal regulation with the consent of the Bundesrat,

1.

Rules on

a)

the personnel, equipment and other minimum technical equipment of investigative bodies;

b)

the conditions for the admission of private experts authorised to carry out an examination of officially relocated samples,

,

2.

Provisions relating to methods of sampling and testing of products within the meaning of this Act, and the ability of a similar consignment of certain items from the results of the sampling of such products to be carried out in a similar manner Depending on the game.

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§ 45

(dropped) Unofficial table of contents

§ 46 Country law provisions

The countries may adopt further rules to implement the monitoring. Unofficial table of contents

§ 46a Fees

(1) In the case of acts adopted pursuant to this Act and pursuant to this Act, the acts adopted by the Commission shall be:

1.

fall within the competence of the countries,

2.

go beyond the general surveillance measures, and

3.

necessary for the implementation of legislative acts of the institutions of the European Community or of the European Union,

charges and expenses are levied on costs. (2) The facts of the case, which are liable to charge in accordance with paragraph 1, shall be determined by national law. The fees shall be calculated in accordance with the acts adopted by the institutions of the European Community or the European Union. An allowance may be required for official acts which are made on a special request outside the normal opening hours. Unofficial table of contents

Section 46b Immediately applicable Community law or Union law

§ § 40 to 46a shall also apply to the supervision of products within the meaning of this Act, in so far as they are subject to provisions in directly applicable legal acts of the European Community or of the European Union, which shall be governed by the provisions of this Act. Law relating to subject matter. Unofficial table of contents

Section 47 Movement prohibitions

(1) Products within the meaning of this Act, which do not comply with the food law provisions in force in the Federal Republic of Germany, may not be brought into the territory of the country. This prohibition shall not preclude the customs clearance of the goods in so far as it does not result from the provisions of Article 49 on the importation or introduction of the products referred to in the first sentence. (2) Paragraph 1, first sentence, without prejudice to § 30, not

1.

the carriage of goods under customs control and the storage of goods in customs warehouses, free warehouses or warehouses in free zones,

2.

the processing and conversion of goods, as long as the goods are under customs control,

3.

goods which are spent on behalf of the head of an external State or of his or her entreage and are intended for use or consumption during his/her stay within the scope of this Act,

4.

Goods intended for diplomatic or consular missions,

5.

Goods, insofar as they are intended for scientific purposes, for trade fairs, exhibitions or similar events, and where the need is recognised by the competent State authority,

6.

Goods which are to be used as travel requirements in respect of quantities for which import duties are not to be levied,

7.

goods carried in transport and intended solely for the consumption of the persons transported by such means of transport,

8.

Goods in private gifts, insofar as they are intended for their own use or consumption of the recipient, as well as goods as gifts in the public interest,

9.

Samples and samples of goods in small quantities,

10.

Goods as resettlement good or marriage good in quantities that are usually held as stocks,

11.

Goods intended for sea-going vessels for consumption on the high seas and consumed on board the ship.

(3) Goods within the meaning of paragraph 2 (2) shall be subject to the provisions of Section 50 (3). For these goods, regulations according to § 49 may be made. Unofficial table of contents

Section 47a Products from 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 47 (1), products within the meaning of this Act, which are lawfully manufactured in another Member State of the European Union or another State Party to the Agreement on the European Economic Area, shall be entitled to: are lawfully placed on the market or originate in a third country and are lawfully placed on the market in a Member State of the European Union or another State Party to the Agreement on the European Economic Area, in to be brought to the country and placed on the market here, even if it is in the The Federal Republic of Germany does not comply with the provisions of food law. Sentence 1 shall not apply to products which:

1.

do not comply with the prohibitions of § 30, or

2.

shall not comply with other legislation relating to the protection of health unless, in accordance with paragraph 2, the transport capacity of the products in the Federal Republic of Germany is not in conformity with the general provisions of the Federal Office of Consumer Protection and Food safety in the Federal Gazette has been published.

(2) General orders referred to in the second sentence of paragraph 1, No. 2, shall be adopted by the Federal Office for Consumer Protection and Food Safety in agreement with the Federal Office for Economic Affairs and Export Control, unless compelling reasons for health protection are provided for conflict. They shall be requested by the person who intends to spend the products in the territory of the country. 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) (omitted) Unofficial table of contents

Section 47b Temporary movement prohibitions

The competent authorities may, on a case-by-case basis, temporarily prohibit or restrict the import or other movement of products within the meaning of this Act to the territory of the Member State concerned if:

1.

the Member States have been authorised to do so by the Commission, and the Federal Ministry has published this in the Federal Gazette, or

2.

The evidence suggests that the products are likely to pose a threat to human health.

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Section 48 Participation of customs services

(1) The Federal Ministry of Finance and the customs services designated by it shall cooperate in the supervision of the introduction of products within the meaning of this Act into or out of the scope of this Act or transit. The said authorities may

1.

-consignments of the species referred to in the first sentence and their means of transport, containers, loading and packaging means shall, when they are brought into or out of the scope of this law or transit for surveillance, continue;

2.

the suspicion of any breach of prohibitions or restrictions on this law or of the legal orders issued under this Act, which is the result of the clearance, shall communicate to the competent administrative authorities;

3.

in the cases referred to in point 2, arrange for the consignments of the species referred to in the first sentence to be presented at the expense and risk of the person entitled to dispose of a food control authority.

(2) The Federal Ministry of Finance shall, in agreement with the Federal Ministry, regulate the details of the procedure referred to in paragraph 1 without the consent of the Federal Council by means of a regulation. It may, in particular, be subject to obligations relating to advertisements, notifications, information and to the performance of ancillary services, as well as to the payment of inspection in commercial documents and other documents, and for the purpose of carrying out surveys and the taking of charges. for free samples. Unofficial table of contents

§ 49 Authorisations

(1) 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 to protect the consumer, to import or otherwise bring products within the meaning of this Act into the territory of the country, including in the cases of Section 47 (2),

1.

to prohibit or restrict,

2.

to make dependent on

a)

the registration, authorisation or approval of establishments in which the products are manufactured or treated, and the details of such products,

b)

of the notification or performance of the competent authority and the detailed rules for this, in particular the determination of the products;

c)

a document and check-in and a physical examination and their details, in particular the frequency of their examination,

d)

the contribution of an official test certificate or an official health certificate or the presentation of a comparable document,

e)

the carrying out of an official certificate and the use thereof on the nature, extent or result of the checks and tests referred to in point (c);

f)

the fixing of certain storage periods and of notification requirements for compliance with them and the whereabsenteel of the products;

in this connection, it may be required to carry out the document and verification test, the inspection of the goods and the declaration or presentation in or at a border inspection post or border inspection post, with the assistance of a customs service. . In the cases referred to in sentence 1 (2) (e) and (f), the details of the nature, form and content of the evidence, the procedure for granting or the duration of their validity and retention may be settled. (2) In the case of the regulation referred to in paragraph 1, the that certain tobacco products may be imported or imported into the territory of the country only through certain customs services, border inspection posts, border crossing points or crossing points, or other official bodies. The Federal Office for Consumer Protection and Food Safety (Bundesamt für Consumer Protection and Food Safety) is aware of the positions referred to in sentence 1 in the Federal Gazette, in the case of the customs services in agreement with the Federal Ministry of Finance, unless in the case of the The European Commission has announced that it will be notified by the European Commission. 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. (3) The Federal Ministry is also authorized, in agreement with the Federal Ministry of Finance, by Ordinance with the consent of the Federal Council, insofar as it is necessary to protect the consumer

1.

the transit of products within the meaning of this Act and their storage in customs warehouses, free warehouses or in camps in free zones shall be subject to:

a)

a permit from the competent authority,

b)

Requirements for inland transport and storage,

c)

the export, including within certain time limits, of certain border inspection posts and the detailed rules for this purpose,

d)

an export control with the assistance of a customs service;

e)

a recognition by the competent authority of the customs warehouses, free warehouses or camps in free zones;

in the cases referred to in points (a) and (b), the details of the nature, form and content of the evidence, the procedure for granting them or the duration of their validity and retention may be regulated;

2.

the rules referred to in paragraph 1 shall be adopted for the transit.

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§ 50 Export

(1) In the case of products within the meaning of this Act, which are intended for supply to other countries, the provisions of this Act and of the legal regulations adopted pursuant to this Act shall apply, in so far as they are not applicable to the products concerned. different requirements in the country of destination, and the products comply with those requirements. At the request of the competent authority, the competent authority shall have the products of the kind referred to in the first sentence of this Article which are intended for delivery to other countries and which are governed by the provisions of this Act or of the legal regulations adopted pursuant to this Act. do not comply with, manufacture or place on the market, by means of appropriate means, that the products comply with the requirements in force in the country of destination. (2) Products shall be transferred to the territory of the country within the meaning of this Act; pursuant to this Act or by the law adopted pursuant to this Act By way of derogation from paragraph 1, they may be brought back to the supplier from the territory of the country by way of derogation from paragraph 1. This is without prejudice to intergovernmental agreements which have been approved by the legislative bodies in the form of a federal law, as well as acts of the institutions of the European Community or of the European Union. Sentence 1 shall not apply to products which do not comply with the prohibitions laid down in Section 30. (3) Products within the meaning of this Act which, under the conditions laid down in paragraph 1, do not comply with the provisions of the food law in force in the Federal Republic of Germany , must be kept separate from products intended for placing on the market in the Federal Republic of Germany and must be made clear. (4) The provisions of this Act and of the provisions adopted pursuant to this Act Legal regulations, with the exception of Section 30, shall apply to products within the meaning of this Act, which shall apply to the Equipment of seagoing vessels is determined, no application. (5) The Federal Ministry is authorized to do so by means of a legal regulation with the consent of the Bundesrat

1.

explain further provisions of this Act and, pursuant to this Act, to declare, in so far as it is necessary to protect the consumer, products intended for the equipment of seagoing vessels,

2.

to adopt divergent or additional provisions on products intended for the equipment of seagoing vessels, in so far as it is compatible with the protection of the consumer,

3.

to require the registration of establishments which equip seagoing vessels, in so far as it is necessary to protect the consumer;

(6) The Federal Ministry is empowered to do so by means of a regulation with the consent of the Bundesrat, in so far as it is in the field of application of legal acts of the European Communities or of the European Union this law is required to prohibit or restrict the movement of products within the meaning of this Act to other Member States or to other States Parties to the Agreement on the European Economic Area or to third countries. Unofficial table of contents

Section 51 Crime

(1) With a custodial sentence of up to three years or a fine shall be punished, who

1.

to 4. (dropped)

5.

Article 30 (1) makes or treats items of goods or, contrary to Article 30 (2), places goods or means on the market as consumer goods, or

6.

in accordance with Article 32 (1) (1) (1) (1) to (3) of the Law Decree on health and safety, in so far as it refers to such criminal law for a certain amount of facts, or contrary to § 32 (2) of the Commodities Act in question in which does not comply with a legal regulation adopted pursuant to section 32 (1) (1) to (3).

(1a) (omitted) (2) The trial is punishable. (3) In particularly serious cases, the sentence is a term of imprisonment of six months to five years. A particularly serious case shall normally be provided where the offender is through one of the acts referred to in paragraph 1

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.

(4) Anyone who acts negligently in the cases referred to in paragraph 1 shall be punished with imprisonment of up to one year or a fine. Unofficial table of contents

§ 52 Crime

(1) With a custodial sentence of up to one year or a fine shall be punished, who

1.

to 4. (dropped)

5.

, contrary to § 13 para. 1 no. 1, an unauthorised irradiation applies, contrary to § 13 para. 1 No. 2 tobacco products are placed on the market or are contrary to a legal regulation adopted pursuant to § 13 para. 2, insofar as they are for a specific event to this penal code,

6.

in the case of tobacco products in or on which plant protection or other agents or their degradation or reaction products are present, placed on the market or adopted pursuant to section 14 (2) (1) (b) or (2) of this Article In so far as it refers to this piece of criminal law for a certain amount of the offence,

7.

(dropped)

8.

Contrary to the first sentence of Article 16 (1), the application of an irradiation does not constitute evidence or is contrary to a legal regulation adopted pursuant to Article 16 (1) sentence 2 or 2 (1) (1), insofar as it applies to a certain amount of action on this criminal law References

9.

, contrary to Article 17 (1), tobacco products or, contrary to § 17 (2), food is placed on the market without sufficient information,

10.

Contrary to Article 17 (5), tobacco products are placed on the market under a misleading description, indication or presentation, or advertised with a misleading representation or statement, or

11.

(dropped)

12.

(dropped)

13.

a legal regulation adopted pursuant to section 50 (6), to the extent that it refers to that penal code for a certain amount of the offence.

(2) It shall also be punished who shall:

1.

, contrary to Article 20 (1) (1), the manufacture of tobacco products uses non-authorised substances, a substance according to § 20 (3) or in accordance with Article 21 (1) (1) (a) to (c) or (g) or in accordance with section 21 (1) (2) (b) or (c) Contrary to § 20 (1) (2) or § 21 (2) or substances contrary to § 20 (1) (3) of the Law on the Rights of the Law, insofar as it refers to this penal code for a specific event, or contrary to § 20 (1) (3) of the Law on the Rights of the Law

2.

up to 9. (dropped)

10.

in accordance with § 32 (1) (4) or (5) of the law, insofar as it refers to such criminal law for a certain amount of facts, or contrary to Article 32 (2) of the Act, the person referred to in Article 32 (2) shall bring the goods into circulation in accordance with Section 32 (1) of the Act No 5 of this Regulation.

11.

(dropped)

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§ 53 Administrative Offences

(1) The conduct of a person who is negligent in any of the acts referred to in Article 52 (1) (5) to (10) or (2) is unlawful. (2) The offence is also contrary to the law.
who intentionally or negligently

1.

a provision of section 21a (2), (3) sentence 1, also in conjunction with paragraph 4, para. 5, 6 or 7, or the first sentence of Article 22 (2) or a legal regulation pursuant to section 21 (1) (d) to (f), (i) or (j) or section 22 (3), insofar as they are applicable to: it refers to a certain amount of action on this fine,

1a.

Contrary to the provisions of Article 21b (2), (3) or (4), an audiovisual media service or an audiovisual broadcast is sponsored, a product placement is carried out in an audiovisual programme or any other audiovisual commercial communication is carried out,

2.

a legal regulation in accordance with Article 32 (1) (7), (8), (9) (a) or (b) or (b) or (9a) in so far as it refers to this fine for a particular event; or

3.

a legal regulation adopted pursuant to Article 50 (5), first sentence, No. 3, to the extent that it refers to this fine for a certain amount of the offence.

(3) The administrative offence can be punished with a fine of up to twenty-five thousand euros. Unofficial table of contents

§ 54 Administrative Offences

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

1.

, 2, 2, 2a. (dropped)

3.

a legal regulation adopted in accordance with section 32 (1) (9b) or (12) of this Regulation, in so far as it refers to that fine for a certain amount of the offence,

4.

contrary to the prohibition of the movement of the movement in accordance with § 47 (1) sentence 1,

5.

a enforceable arrangement according to § 47b or § 48 (1) no. 3.

(2) The offence also acts as a deliberate or negligent act.

1.

a legal regulation adopted pursuant to section 16 (2) (2) or section 21 (1) (1) (h), to the extent that it refers to this fine for a certain amount of the offence,

2.

Contrary to § 43 a measure of supervision pursuant to § 41 para. 3 no. 1, 2 or 3 or a sampling according to § 42 para. 1 or 4 not to be tolerated, an information according to § 41 para. 3 no. 4 not, not completely or not given right or one in the surveillance is not supported by persons involved,

2a.

(dropped)

3.

a legal regulation pursuant to § 41b or a regulation pursuant to Section 48 (2) or a regulation pursuant to Section 49 (1) or (2) sentence 1 or (3), insofar as it refers to this fine for a certain amount of the facts,

4.

Contrary to Section 50 (3), products are not kept separate or are not marked.

(3) In the cases referred to in paragraph 1, the administrative offence may be punishable by a fine of up to fifteen thousand euros, in the cases referred to in paragraph 2, with a fine of up to five thousand euros. Unofficial table of contents

Section 55 confiscation

Items to which a criminal offence pursuant to § 52 or an administrative offence pursuant to § 53 or 54 relates may be collected. Section 74a of the Criminal Code and Section 23 of the Law on Administrative Offences shall apply. Unofficial table of contents

§ 56 Crime

(1) A term of imprisonment of up to three years or a fine shall be punishable by a person who is contrary to an immediately applicable provision in legal acts of the European Community or of the European Union, the content of which is a scheme to which the provisions of the legislation of the European Community or of the European Union are § 51 (1) (6) or in accordance with a prohibition laid down in § 51 (1) (5) or (6), in so far as a legal regulation pursuant to Section 60 (1) of the Act refers to such criminal law for a certain number of facts. (2) § 51 (2) and (3) (3) Any person who acts negligently in the cases referred to in paragraph 1 shall be subject to: Imprisonment for up to one year or a fine. Unofficial table of contents

§ 57 Crime

A term of imprisonment of up to one year or a fine shall be punishable by a person who is contrary to an immediately applicable provision in legal acts of the European Community or of the European Union, which shall be subject to the content of the legislation.

1.

of a scheme to which the

a)

(dropped)

b)

Section 52 (1) (5) or (8) or (2) (1) or (10) or (2), 6, 7 or 10,

c)

Section 52 (1) (6)

d)

(dropped)

shall authorize, or

2.

one in

a)

Section 52 (1) (5) or (8) to (10) or (2) No.1 or 10, or

b)

Section 52 (1) (6)

, or prohibition

, in so far as a legal regulation according to § 60 refers to this penal code. Unofficial table of contents

§ 58 Administrative Offences

(1) The conduct of an offence referred to in § 57 is unlawful. (2) The offence also acts as a person who is not in the position of an act of order.

1.

, intentionally or negligently, to act in accordance with a provision in force in the European Community or in the European Union which is directly in force and which, in terms of content,

a)

a scheme to which the provisions referred to in Article 53 (2) (1) (c) or (d) shall be authorised; or

b)

a bid or prohibition as referred to in Article 53 (2) (1) (c)

, in so far as a legal regulation pursuant to § 60 refers to this fine, or

2.

(dropped)

(3) The administrative offence can be punished with a fine of up to twenty-five thousand euros. Unofficial table of contents

§ 59 Administrative Offences

(1) A breach of the law shall be carried out by the person who intentionally or negligently opposes an act immediately in force in legal acts of the European Community or of the European Union, the content of which is

1.

a scheme to which the provisions referred to in Article 54 (1) (3) authorize, or

2.

a)

a scheme to which the provisions referred to in Article 54 (2) (1) or (3) authorize, or

b)

a bid or prohibition referred to in Article 54 (2) (2)

(2) The administrative offence may, in the cases referred to in paragraph 1 (1), be subject to a fine of up to fifteen thousand euros, in the cases referred to in paragraph 1 (2), with a penalty Fines of up to five thousand euros will be punished. Unofficial table of contents

§ 60 Empowerment

The Federal Ministry is authorized, in so far as it is necessary for the enforcement of the acts of the European Community or of the European Union, to refer to the facts by means of a regulation without the consent of the Bundesrat, which

1.

be punished as a criminal offence pursuant to section 56 (1) or (57), or

2.

may be punished as an administrative offence pursuant to Section 58 (2) or § 59 (1).

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Section 61 confiscation

Items to which a criminal offence pursuant to § 56 or § 57 or an administrative offence pursuant to § 58 or 59 relates may be collected. Section 74a of the Criminal Code and Section 23 of the Law on Administrative Offences shall apply.