Team (2013:363) On The Control Of Organic Production

Original Language Title: Lag (2013:363) om kontroll av ekologisk produktion

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2013:363

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.