The scope of the law
section 1 of this Act supplements
1. Council Regulation (EC) No 834/2007 of 28 June 2007 on the
organic production and labelling of organic products and
repealing Regulation (EEC) No 2092/91,
2. implementing rules for Council Regulation (EC) no
834/2007.
The law also complement, in the parts they contain
provisions concerning the organic production,
1. European Parliament and Council Regulation (EC) No 882/2004
of 29 april 2004 on official controls performed to
ensure the verification of compliance with feed and
food law, animal health and
animal welfare, and
2. the implementing regulations of the European Parliament and of the
Council Regulation (EC) No 882/2004.
Control authorities and control bodies
section 2 of the food and drug administration, the State's agricultural work, the other
State administration authorities as the Government determines and
the municipalities exercising control of that
1. the European regulations referred to in paragraph 1 and the decisions
delivered with the support of the EU regulations are respected, and
2. this law, the rules of which have been issued in connection
to the law, and the decisions that have been issued under the law
are followed.
The Government may provide for the division between
the municipalities and the State administrative authorities of
control tasks as referred to in the first subparagraph.
A municipality's tasks to be performed by the municipal
Councils fulfill tasks in environmental and
health protection zone.
paragraph 3 of the food and drug administration and the Agriculture Department, in its
respective responsibilities may decide to hand over the task to
exercise such control as referred to in paragraph 2 of the first paragraph to a
such control bodies referred to in article 2 of Council
Regulation (EC) No 834/2007 and which is a legal person.
In the case of actions in case of non-compliance or at
suspicion of non-compliance with the regulatory framework, a
such surrender only include a right to
1. to revoke an issued certificate,
2. pursuant to the first subparagraph of article 30(1) of Council regulation
(EC) No 834/2007 decide to remove the marking or
prohibit the marketing of a party or a
turnround, or
3. in accordance with article 91 of Commission Regulation (EC) no
889/2008 may decide to remove the label or ban
marketing.
Other obligations of control authorities
4 § the authorities referred to in paragraph 2 (inspection bodies)
shall, by means of advice, information and other measures
easier for the individual to follow
1. the European regulations referred to in paragraph 1 and the decisions
delivered with the support of the EU regulations, and
2. this law, the rules of which have been issued in connection
to the law and the decisions handed down on the basis of
the law.
paragraph 5 of the Control authorities shall ensure that action is taken
against violations of
1. the European regulations referred to in paragraph 1 and the decisions
delivered with the support of the EU regulations, and
2. this law, the rules of which have been issued in connection
to the law and the decisions handed down on the basis of
the law.
Municipal control interaction
section 6, a municipality may conclude an agreement with another municipality
to control data that the municipality has under this Act
or regulations issued under the Act shall
be performed by the other municipality. The right to decide in a
case, however, may not be transferred to another municipality.
A municipality may, with the agreement of another municipality
instruct employees in the second municipality to decide on
the municipality's behalf in a particular case or group of
cases. However, this does not apply in the cases referred to in
Chapter 6. § 34 local Government Act (1991:900). The provisions of Chapter 6.
24-27 and 35 of the municipal conflict of interest Act and the notification of the decision
to a Board shall be applied to the making of such
decision.
Application of administrative procedure act
section 7 of the control body referred to in paragraph 3 of the first subparagraph shall, where
control applying the following provisions of the
administrative law (1986:223)
– paragraphs 11 and 12 of his disqualification,
— section 14 if the oral procedure,
– section 15 if the annotation of data;
– paragraphs 16 and 17 on the parties ' right to obtain information,
-section 20 on motivation of decisions,
– paragraph 21 on notification of the decision, and
to 26 § correcting typos and the like.
The right to information and access
§ 8 the European Commission and a control body has the same
right as a control authority has, in accordance with the EU regulations
referred to in paragraph 1 to the extent necessary for
control, on request
1. information,
2. some of the actions,
3. access to areas, offices and other areas that have
related to the activities of the control relates, and
4. in such areas and in such areas as specified in 3,
conduct research and take samples.
The obligation to provide assistance
§ 9 the control must provide the help that
needed to control should be implemented.
Injunctions and prohibitions
section 10 If a municipality fails to fulfil the obligations arising out of
its control mission, the national food administration shall submit to the municipality
to remedy the deficiency. Such an order shall contain
information on the measures that the NFA considers
necessary to the lack to be remedied.
11 § in addition to what follows from the European regulations referred to in
§ 1 or what specifically referred to in section 10, a
notify the control authority of the injunctions and prohibitions
needed to EU regulations, the decision which has been notified to the
with the support of the EU regulations, this Act, the regulations
in connection with the law or the decisions
issued by virtue of the law shall be followed.
VITE
section 12 of a control authority may decide to join a
injunction or prohibition under any of the
EU regulations referred to in paragraph 1 or an injunction or
a prohibition under section 11 with the penalty.
The inspection authority may, however, not submit to anyone under penalty
to participate in an investigation of an offence which may lead to
punishment or penalty for him or her.
Disposal of goods
section 13, except as permitted by the regulations specified in
section 1, a control authority to take care of a product referred to in
an injunction or prohibition under any of
EU regulations or in accordance with section 11 of the order or
the ban is not followed.
If a product has been taken care of, get the owner under the supervision
change the name of the inspection authority or
the composition of the article or take any other action as
that the goods comply with EU regulations and the
regulations that have been issued in connection with this Act.
Control authority shall allow the destruction of goods on the owner's
the expense, if any action referred to in the second subparagraph shall not
taken.
Corrigendum to:
section 14 if someone fails to fulfil his obligations under the
EU regulations referred to in paragraph 1, the decision which has been notified to the
with the support of the EU regulations, this Act, the regulations
in connection with the law or the decisions
issued pursuant to the law, the control authority may decide
If the rectification of his or her own expense.
The help of the police authority
section 15 of the police authority shall, at the request of a supervisory authority
provide the necessary assistance for the control or to
enforce a decision under
1. the European regulations referred to in paragraph 1 and the decisions
delivered with the support of the EU regulations, or
2. this law, the rules of which have been issued in connection
to the law and the decisions handed down on the basis of
the law.
The assistance referred to in the first subparagraph may be requested only if
1. the particular circumstances give reason to suspect that
the operation cannot be carried out without a police man's special
powers under section 10 of the law on police (1984:387)
be used, or
2. There are serious reasons.
Law (2014:712).
Fees
paragraph 16 of the Government or the authority, as the Government determines
may provide for the obligation to pay fee
for
1. the surveillance referred to in section 2, and
2. consideration of matters in accordance with the European regulations referred to in
section 1 of this Act or the regulations, which have been issued with
the support of the law.
Government Announces rules on the fees charged by
State administrative authorities.
section 17 of the Government or the authority, as the Government determines
may provide for the obligation of an inspection body
to charge fees for such inspection and examination referred to
the first paragraph of section 16 of the regulations on the grounds of
calculation of fees.
section 18 the Government may provide for the obligation of a
municipality to collect fees for such inspection and examination
referred to in paragraph 16.
Penalties and fines
section 19 of a fine shall be imposed on anyone who, in violation of
Article 28(1) of Regulation (EC) No 834/2007 are not notified
their activities.
Total or partial exemption from penalty should be decided
If it is unfair to levy the fee with the full amount. At
This assessment shall take into account the particular
1. If the violation has been due to disease that led to the
charging the culprit has not been able to do it as a matter for him, or
her and also failed to instruct anyone else to do
There,
2. If the infringement is otherwise due to a circumstance that the
fee obligation neither foresaw or should have foreseen
or not been able to influence, or
3. What is the fee the culprit to avoid
the infringement.
The fine shall accrue to the State.
section 20 of the Government may announce further provisions concerning
such fines to be charged under section 19.
Such regulation shall indicate how the fine
will be calculated so that the amount can be established with
direct management of the specific calculation basis. The fee shall
be a minimum of 1 000 kroons and not more than SEK 50,000.
section 21 Any penalty may not be decided for a deed
subject to a penalty payment mechanism.
section 22 of the authority the Government hears questions about
penalty.
Before a penalty is imposed, the fee applies
be given an opportunity to be heard.
section 23 of A penalty may be imposed only if the fee
case has had the opportunity to comment within two years from the
that the facts which are the basis for the fee has
ceased.
section 24, a decision on the penalty shall be enforced under
enforcement the beam when it has become final.
section 25 a fine fall away if the decision on the fee
has not been effected within five years from the decision won
the force of law.
Appropriations
section 26 of the Government or the authority, as the Government determines
may provide for
1. derogations from the European regulations referred to in paragraph 1,
2. specific organic production rules,
3. how such control as referred to in paragraph 2 of the first paragraph,
conducted, and
4. the obligation of a municipality or a control body to leave
data to a control authority.
Appeal, etc.
section 27 a public authority may provide that a decision of the Agency
According to the European regulations referred to in section 1 of this Act, or
effect immediately even if it is appealed. It does not, however,
a decision on the penalty.
paragraph 28 of the Decision by an inspection body in accordance with the EU regulations
as specified in section 1 of this Act and may be appealed to the
the County Administrative Board in the county where the Agency has its headquarters.
section 29 decision of a municipality under the EU regulations listed
in section 1 of this Act and may be appealed against to the County Administrative Board.
section 30 of the Decision by a State administrative authority in accordance with the
EU regulations referred to in section 1 of this Act and may be appealed
to the General Administrative Court.
Leave to appeal is required for an appeal to
the administrative court.
