Law on the implementation of European Union acts in the field of organic farming (Organic Agriculture Act-OCT)

Unofficial table of contents

OCT

Date of completion: 07.12.2008

Full quote:

" Organic Agriculture Act of 7 December 2008 (BGBl. 2358), as last amended by Article 1 of the Law of 7 September 2013 (BGBl). 3563).

Status:

Last amended by Art. 1 G v. 7.9.2013 I 3563

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2009 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EGV 834/2007 (CELEX Nr: 32007R0834)  § 1 + + +) 

  

Heading: designation idF d. Art. 33 No. 1 G v. 9.12.2010 I 1934 mWv 15.12.2010
The G was decided as Article 1 of the G v. 7.12.2008 I 2358 by the Bundestag with the majority of its members and with the approval of the Bundesrat. It's gem. Art. 5 sentence 1 of this G mWv 1.l.2009 entered into force. Unofficial table of contents

§ 1 Scope

This Act is designed to implement Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 834/2007. 2092/91 (OJ L 327, 1), as set out in Council Regulation (EC) No 967/2008 of 29 September 2008 (OJ L 189, 22.7.2008, p. 1), as well as the acts adopted by the European Community or the European Union in respect of its implementation. Unofficial table of contents

§ 2 Implementation

(1) The implementation, including the monitoring of compliance with the acts referred to in § 1, of this Act and of the legal regulations adopted pursuant to this Act, shall be the responsibility of the competent authorities under national law, to the extent that: (2) The Federal Institute for Agriculture and Food is responsible for

1.

the approval of the inspection bodies referred to in the second sentence of Article 27 (4) (b) of Regulation (EC) No 834/2007,

2.

the withdrawal of the authorisation referred to in Article 27 (9) (d) of Regulation (EC) No 834/2007, in accordance with Article 4 (5),

3.

the issue of a code number of inspection bodies referred to in Article 27 (10) of Regulation (EC) No 834/2007,

4.

the granting of a marketing authorisation for products imported from third countries to the extent that they provide for the implementation of Regulation (EC) No 834/2007 in so far as it provides for legislation of the European Community or of the European Union; and

5.

the granting of provisional authorisation for the use of ingredients of agricultural origin in accordance with Article 19 (2) (c) of Regulation (EC) No 834/2007.

(3) The State Governments shall be authorized to do so by means of a legal regulation

1.

tasks referred to in paragraph 1, with the exception of the task referred to in Article 4 (5), first sentence, to transfer, in whole or in part, to authorised inspection bodies (insult) or to participate in it (participation),

2.

to regulate the conditions and the procedure for the insult and participation.

The State Governments have the power to transfer the authorisation provided for in the first sentence of the first sentence to other authorities in the country in whole or in part by means of a regulation. Unofficial table of contents

§ 3 Control system

(1) Subject to a regulation in accordance with § 2 (3) sentence 1 no. 1, the control procedure referred to in Article 27 (1) in conjunction with paragraphs 2 and 3 of Regulation (EC) No 834/2007 shall be carried out by approved inspection bodies, to the extent that: (2) Entrepreneurs who, within the meaning of Article 1 (2) of Regulation (EC) No 834/2007, are considered as organic products or products of the conversion of products directly to end users or users shall be subject to the compliance with the obligations laid down in Article 28 (1) of Regulation (EC) No 834/2007, in so far as they do not produce, prepare or prepare these products themselves, store or store them in a place other than a place in connection with the point of sale or imported from a third country or imported from a third country. Unofficial table of contents

Section 4 Admission of the inspection bodies and withdrawal of the authorisation

(1) A control body shall be allowed, on request, if:

1.

comply with the requirements laid down in Article 27 (6) in conjunction with paragraph 5 of Regulation (EC) No 834/2007,

2.

ensures that it carries out the checks properly in accordance with Article 27 (2), (3) and (12) of Regulation (EC) No 834/2007;

3.

the fees charged for the authorisation have been paid and

4.

it has an establishment domestiy.

(2) In the case of a supervisory authority having its registered office or establishment in another Member State of the European Union, the authorisation granted in that Member State shall be taken into account in the context of the procedure referred to in paragraph 1, paragraph 1 (4) shall not apply. However, this inspection body must demonstrate that it is authorised in the other Member State and that it has the appropriate staff and the appropriate infrastructure to carry out the control tasks. (3) The authorisation shall be granted for the all of the federal territory. On request, admission may be restricted to individual countries. (4) The admission may be provided with the term, conditions and conditions or a reservation of revocation, insofar as it is the maintenance of the operability of the control systems or concerns of consumer protection, animal welfare or environmental protection in respect of the conditions laid down in paragraph 1 (1) and (2). Under the same conditions, the subsequent admission or amendment of conditions shall also be allowed. (5) The activities of a supervisory authority shall be subject to the provisions of Article 27 (8), first sentence, and (9) (a) to (d), with the exception of the decision on the Withdrawal of its authorisation, Regulation (EC) No 834/2007 shall be supervised by the competent authority of the country in which the control body carries on its activity. Where the competent authority referred to in the first sentence finds facts which justify the withdrawal of the authorisation or which may require the inclusion or modification of conditions for authorisation, it shall:

1.

a)

where the place of inspection and the seat or establishment of the inspection body in question is situated in the same country; or

b)

where the place of inspection in the territory of the territory of the Member State and the place of establishment or establishment of the inspection body is situated in another Member State of the European Union,

request the Federal Agency for Agriculture and Food, in the light of these facts, to initiate a procedure for the withdrawal of the authorisation or the inclusion or modification of conditions, or

2.

where the place of inspection and the seat or establishment of the inspection body is situated in different countries, the competent authority of the country in which the registered office or establishment of the inspection body is situated, the Facts to be reported.

If the competent authority of the country in which the head office or establishment of the inspection body is situated is aware of the facts referred to in the second sentence of the second sentence, it shall inform the Federal Agency for Agriculture and Food on the basis of these facts. (6) If the competent authority referred to in the first sentence of paragraph 5 has established facts within the meaning of the second sentence of paragraph 5, it may, until the end of the first sentence of paragraph 5, take the necessary steps to ensure that the competent authority is responsible for the Unquestionable decision of the Federal Agency for Agriculture and Food in a procedure in accordance with paragraph 5, sentence 2 or 3, provisionally prohibit the exercise of the control activity concerned in their country. The challenge of provisional subsaation has no suspensive effect. The competent authority referred to in the first sentence of paragraph 5 shall inform the surveillance authorities of the Länder and the Federal Agency for Agriculture and Food of an order in accordance with the first sentence. The inspection body shall immediately notify the undertaking that it is subject to the undertakings it controls in the country concerned. Unofficial table of contents

§ 5 Duties of the control bodies

(1) The supervisory authority shall be obliged to include the activities of any businessman within the meaning of Article 28 (1) of Regulation (EC) No 834/2007 and Article 6 (2) in respect of appropriate remuneration in respect of their controls, to the extent that the trader has the right to: To be involved and to carry out its activities in the country where the inspection body is authorised. The competent authority of the country may, at the request of the inspection body, authorise an exemption from the obligation laid down in the first sentence, to the extent that:

1.

the supervisory authority has a legitimate interest in ensuring objective and effective controls and does not include the activities of the undertaking in its controls; and

2.

the carrying out of checks on the company by another inspection body is ensured.

The control body shall have a list of the undertakings included in its control, in accordance with the provisions of sentences 3 and 4, and shall make it available to the public on the Internet. The inspection body shall, at the latest on the day after the date of effect of a change, register any amendment in the list and publish it at the same time as the rates 3 and 4 are in force. The list must contain the following information:

1.

the name and address of the undertaking;

2.

an alphanumeric identification number assigned to that undertaking by the control body,

3.

the name and code number of the control body referred to in Article 27 (10) of Regulation (EC) No 834/2007,

4.

Type of activity of the undertaking referred to in Article 28 (1) of Regulation (EC) No 834/2007.

In addition, the list shall contain the information to be provided in the certificates referred to in Article 29 (1) in conjunction with paragraph 3 of Regulation (EC) No 834/2007, and shall, in accordance with the model set out in Annex XII to Regulation (EC) No 834/2007, contain the information referred to in Annex XII to Regulation (EC) No 834 889/2008 of the Commission of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products ecological/biological production, labelling and control (OJ L 327, 22.4. 1), as last amended by implementing Regulation (EU) No 505/2012 (OJ L 327, 30.12.2008, p. 12, L 359 of 29 December 2012, p. 77). Please do not include the directory. The inspection body shall be obliged to keep the copies or copies of certificates issued by it for a company from the date of its exhibition for five years and to make it available for five years on the Internet, and thereafter to make it available for each of the following: immediately, when stored in electronic form, to be deleted immediately. Storage and publication obligations under other legislation shall remain unaffected. (3) The inspection bodies shall provide each other with the information necessary for the proper implementation of the acts referred to in § 1 and of this Act. If, in the course of its activities, a control body establishes irregularities or infringements of the species referred to in Article 30 (1) of Regulation (EC) No 834/2007, it shall immediately inform the competent authority of the place of the activity of the person concerned. Company according to country law competent authority. To the extent that a control body, in the course of the checks it has carried out, establishes facts which give rise to a reasonable suspicion of irregularities or infringements of the kind referred to in the second sentence, which is not a matter for inspection by the supervisory authority. , the inspection body shall immediately inform the inspection body of the facts of which the undertaking concerned is under control. If, in the case of the third sentence, a company having its head office is situated abroad, the supervisory authority shall also inform the competent authority of the place where the facts are established by national law concerning the facts which give rise to suspicion. (4) If a control body intends to cease its activities, including in the event of insolvency, it shall inform the

1.

no later than three months before the anticipated end of its activity, or

2.

in the event of an application for the opening of insolvency proceedings, without delay

the enterprises controlled by it, the authorities responsible for the place of business of the undertakings, and the Federal Institute for Agriculture and Food. In so far as insolvency law does not preclude the control body, the control body shall not cease its activities until all the undertakings which it controls are subject to the further carrying out of the checks. Unofficial table of contents

Section 6 Rules applicable to Community catering establishments

(1) The provisions of Regulation (EC) No 834/2007 and the acts of the European Community or of the European Union adopted for the implementation of that Regulation shall apply to operations in the field of industrial, Community- to apply catering facilities within the meaning of Article 2 (aa) of Regulation (EC) No 834/2007 where products within the meaning of Article 1 (2) of Regulation (EC) No 834/2007 are prepared in this case, which are to be found in relation to the ecological or biological production within the meaning of the first sentence of Article 23 (1) or (2) of Regulation (EC) No 834/2007. (2) Entrepreneurs engaged in the commercial operation of Community catering facilities within the meaning of paragraph 1 shall be the same entrepreneurs within the meaning of Regulation (EC) No 834/2007. (3) Products referred to in paragraph 1 may be placed on the market with reference to organic or organic production only if the conditions for reference to organic or organic production are met in accordance with the first sentence of Article 23 (2) of the Regulation (EC) No 834/2007. (4) By way of derogation from paragraph 3, products may be subject to: (1) shall be placed on the market even if, in the case of the labelling of these products, names relating to the organic or organic production which are used for the preparation of all foods are used. (a) agricultural raw materials or ingredients of a type or individually prepared components of compound dishes, provided that these raw materials, ingredients or components comply with the rules laid down in Regulation (EC) No 834/2007 and Implementing acts adopted by the European Community or by the European Union. Unofficial table of contents

Section 7 Participation of customs authorities

(1) The Federal Ministry of Finance and the customs services designated by it shall have the effect of monitoring the import of the products referred to in Article 23 (1) and (4) sentence 1 in conjunction with Article 1 (2) of Regulation (EC) No 834/2007. Products from third countries. The said authorities may

1.

hold consignments of the type referred to in the first sentence and their means of transport, containers, loading and packaging means for surveillance purposes,

2.

the suspicion of non-compliance with the prohibitions and restrictions laid down in Regulation (EC) No 834/2007 or in accordance with the acts adopted by the European Community or the European Union in respect of the implementation thereof, resulting in the handling of such acts, inform the authorities responsible under national law, as well as the Federal Institute for Agriculture and Food,

3.

in the cases referred to in point 2, order that the consignments of the type referred to in the first sentence are presented at the expense and risk of the person entitled to dispose of the competent authority according to the country's law.

(2) The Federal Ministry of Finance is authorized, in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection, to give the details of the procedure referred to in paragraph 1 without the consent of the Federal Council. rules. 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. Free samples and samples shall be provided. Unofficial table of contents

§ 8 Monitoring

(1) Entrepreneurs within the meaning of Article 28 (1) of Regulation (EC) No 834/2007 and Article 6 (2), natural and legal persons and non-legal persons ' associations referred to in the first and second sentences of Article 23 (1) and in conjunction with Article 1 Article 3 (2) of Regulation (EC) No 834/2007, producing, processing, storing, introducing, implementing, intra-Community or placing on the market, as well as inspection bodies within the meaning of Article 3 (1), shall have the competent authority to provide the authorities, on request, with the information necessary for the competent authorities to carry out the information shall be required by this law or by the tasks assigned to it under this Act. (2) Persons charged by the competent authority may, within the framework of paragraph 1, premises, commercial premises or premises, Enter and enter the sales facilities or means of transport of the party responsible for the information during the business or operating period

1.

make visits,

2.

Take samples against receipt without compensation,

3.

View and review business documents.

In the case of sentence 1 (2), at the request of the person concerned, a part of the sample or, if it is indivisible, a second sample shall be officially closed and sealed. This sample must be stored and stored properly by the person concerned. (3) The party responsible for providing information shall submit the measures referred to in the first sentence of paragraph 2 and, on request, shall state the products to be visited, or by other means, in such a way as to ensure that the products are It may be carried out properly, either by itself or by others, to provide the necessary assistance for visits and sampling, as well as to provide the business documents for inspection and verification. (4) The information provided A person may refuse to reply to such questions, the answer to which shall be given to him or her; would suspend any of the members of the Civil Procedure Code in Section 383 (1) (1) to (3) of the Civil Procedure Code of prosecution or of proceedings under the Law on Administrative Offences. Unofficial table of contents

§ 9 Data transfer, external transport

The competent authorities shall provide each other with the information necessary for the monitoring of the inspection bodies. Where an authority finds deficiencies within the meaning of Article 27 (8) (2) and (3) and (9) (a) to (d) of Regulation (EC) No 834/2007 in the performance of the tasks to be performed by a supervisory authority, it shall inform the Authority accordingly: immediately the Federal Agency for Agriculture and Food. (2) Transport with the competent authorities of other Member States and the European Commission, in particular the information provided for in Article 30 (2), first sentence, and second sentence of Regulation (EC) No 834/2007 on irregularities or infringements identified or the communications referred to in Article 35 Regulation (EC) No 834/2007, is the responsibility of the Federal Ministry of Food, Agriculture and Consumer Protection. This power can be transferred to the Federal Institute for Agriculture and Food without the consent of the Federal Council. In addition, this power may be conferred by the Federal Council with the consent of the Federal Council to the authorities responsible under national law. Unofficial table of contents

§ 10 Fees and charges

(1) For individually attributable public services of the competent authorities to be carried out for control and surveillance purposes in accordance with Articles 27 and 30 of Regulation (EC) No 834/2007 and for individually attributable public services. The Federal Ministry of Food, Agriculture and Consumer Protection is authorized to provide for individual public services according to § 2 (2) of the German Federal Ministry of Education and Research (§ 2). Agreement with the Federal Ministry of Finance by means of legal regulation without Approval of the Federal Council to determine the chargeable facts, the fee level and the delivery allowance, and to provide fixed rates or framework rates. Unofficial table of contents

§ 11 Authorisations

(1) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized to do so by means of a legal regulation with the consent of the Federal Council, insofar as this is necessary for the implementation of the acts referred to in § 1.

1.

to regulate the use of products and substances in organic organic farming for the purposes of Article 16 (4), first sentence, of Regulation (EC) No 834/2007;

2.

to take the necessary measures, within the meaning of Article 23 (5) of Regulation (EC) No 834/2007, in order to ensure compliance with Article 23 of Regulation (EC) No 834/2007,

3.

detailed provisions concerning the notifications referred to in Article 28 (1) (a) of Regulation (EC) No 834/2007,

4.

details of the European Commission's assistance in the monitoring of recognised supervisory authorities and supervisory authorities in third countries pursuant to the second sentence of Article 32 (2) and the third sentence of Article 33 (3) of Regulation (EC) No 31/3. 834/2007 and in the supervision of recognised third countries in accordance with Article 33 (2) sentence 6 of Regulation (EC) No 834/2007,

5.

to adopt more detailed provisions on the transitional measures referred to in Article 40, in so far as the Community law or Union law so requires,

6.

the detailed rules on the conditions and the procedure for admission pursuant to Article 4 (1) to (4) as well as the procedure for the withdrawal of the authorisation pursuant to § 4 (5) sentence 2 and 3,

7.

more detailed information on the duties of the inspection bodies referred to in Article 5 (2).

(2) The Federal Ministry of Food, Agriculture and Consumer Protection is also authorized to do so by means of a legal regulation without the consent of the Federal Council

1.

Remittanes to the provisions of Regulation (EC) No 834/2007 and to acts adopted by the European Community or the European Union in implementation thereof, in so far as it is intended to adapt to changes in that law requirements are required;

2.

provisions of this Act, or to adapt it in its wording to a remaining area of application, to the extent that they have become inapplicable by the adoption of appropriate provisions in regulations of the European Union.

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§ 12 Criminal Code

(1) With a custodial sentence of up to one year or a fine, it shall be punished who is against Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and the labelling of organic/biological , and repealing Regulation (EEC) No 2092/91 (OJ L 327, 31.12.1991, p. EU No L 189 p. 1) by:

1.

a name referred to in Article 23 (1), first or second sentence, in the name of a product as referred to in Article 1 (2), first sentence, point (b), although the requirements of Article 23 (4), first sentence, point (a) are not fulfilled,

2.

in accordance with the first sentence of Article 23 (2), a term referred to in the first sentence of Article 23 (1) or (2) in the case of the marking or advertising or in the business documents for a product which does not comply with the provisions of Regulation (EC) No 834/2007,

3.

use, contrary to Article 23 (2), second sentence, a designation or labelling or advertising practices which may mislead the consumer or the user, or

4.

, contrary to Article 23 (3), a name referred to in the first sentence of Article 23 (1) or (2) is used for a product which must bear a marking or an indication as referred to therein.

(2) It shall also be punished who, contrary to Article 6 (3), places a product on the market. Unofficial table of contents

Section 13 Penal rules

(1) The conduct of an act which is negligent in any of the acts referred to in § 12. (2) acts contrary to Regulation (EC) No 834/2007, by intentionally or negligently acting as a person.

1.

a name referred to in Article 23 (1), first or second sentence, in the list of ingredients and in the same field of vision as the sales name of a product as referred to in Article 1 (2), first sentence, point (b), although the requirements of Article 23 Paragraph 4, first sentence, point (c) shall not be fulfilled,

2.

a name referred to in Article 23 (1), although the requirements of the first sentence of Article 24 (1) are not fulfilled,

3.

in accordance with Article 23 (4), first sentence, point (b), a term referred to in the first sentence of Article 23 (1) or (2) not only in the list of ingredients

4.

, contrary to Article 27 (5) (d), does not make a communication, whether correct or not complete, at the request of the Authority, or does not inform the Authority, not properly, in full or in good time,

5.

Contrary to Article 28 (1), first sentence, point (a), also in conjunction with sentence 2 or 3 or a regulation pursuant to Section 11 (1) (3) of this Act, a notification does not make, not correct, not complete or not in good time, or

6.

, contrary to Article 28 (1), first sentence, point (b), also in conjunction with the second sentence or the third sentence, the undertaking shall not, either correctly or not in good time, submit to the control system referred to in Article 27.

(3) Contrary to the law, who intentionally or negligently

1.

Contrary to § 5 (2) sentence 1, a list does not lead, is not correct or does not complete the list,

1a.

Contrary to the second sentence of Article 5 (2), a change is not, not correct, not fully or not received in good time,

2.

, contrary to § 5 (3) sentence 2 or 4 or paragraph 4 sentence 1, the competent authority, a company or the Federal Agency for Agriculture and Food does not inform the competent authority, either correctly or not in good time,

3.

Contrary to § 5 (3) sentence 3, a communication does not make, not correct, not complete or not in good time,

4.

, contrary to Section 8 (1), information is not provided, not correct, not complete or not in good time, or

5.

Contrary to Section 8 (3), a measure is not tolerated, a product is not presented, is not presented correctly or not in time, does not provide the necessary assistance or does not provide a document in good time, or does not submit a document in good time or not.

(4) In the cases referred to in paragraph 1, the administrative offence may be punishable by a fine of up to thirty thousand euros and in the other cases with a fine of up to twenty thousand euros. Unofficial table of contents

§ 14 confiscation

If an offence has been committed pursuant to § 12 or an administrative offence pursuant to Article 13 (1), (2) or (3), objects to which the offence or the offence of regularity relates may be committed and objects which are used for the purpose of their commission or preparation has been or have been determined. Section 74a of the Penal Code and Section 23 of the Code of Administrative Offences shall apply. Unofficial table of contents

Section 15 Transitional provisions

Inspection posts filed on 31 December 2008 according to § 4 (1) of the Organic Agriculture Act, as amended by the Notice of 12 August 2005 (BGBl. 2431), as defined in Article 205 of the Regulation of 31 December 2005. October 2006 (BGBl. I p. 2407), which have been approved, are considered to be provisional pursuant to § 4 (1) of this Act. The provisional authorisation shall be issued,

1.

if the granting of the authorisation is not requested by the end of 31 July 2010, or

2.

in the case of a timely application, the decision on the application shall be indisputable.

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Section 16 Exclusion of the right of divergence

Deviations from the regulations of the administrative procedure provided for in § 4 (5) sentences 2 and 3 and § 9 (1) sentence 2 are excluded by the law of the state.