The scope of the law
1 §/expires U: 2016-01-01-this law supplements
1. Council Regulation (EC) No 509/2006 of 20 March 2006 on the
traditional specialities guaranteed of agricultural products
and food, and
2. Council Regulation (EC) No 510/2006 of 20 March 2006 on the
the protection of geographical indications and designations of origin
for agricultural products and foodstuffs.
1 §/comes into force: 2016-01-01-this law supplements the Regulation (EU) No 1151/2012 of 21 november 2012 if quality schemes for agricultural products and foodstuffs.
Law (2015:766).
2 §/expires U: 2016-01-01/Law complements also, in the parts they contain
provisions relating to the protection of geographical indications,
designations of origin, traditional protection and guaranteed
traditional specialties,
1. European Parliament and Council Regulation (EC) No 110/2008 of the
on 15 January 2008 on the definition, description, presentation
and labelling of, and the protection of geographical indications for,
spirit drinks and repealing Council Regulation (EEC) no
1576/89,
2. Council Regulation (EC) No 1234/2007 of 22 October 2007
establishing a common organisation of
agricultural markets and on specific provisions for certain
agricultural products ("the regulation on an overall
the market "), and
3. European Parliament and Council Regulation (EC) No 882/2004 of the
29 april 2004 on official controls performed to ensure
the verification of compliance with feed and
food law, animal health and
animal welfare. Law (2011:411).
2 §/comes into force: 2016-01-01/Law complements also, in the parts they contain provisions relating to the protection of the names of agricultural products and foodstuffs
1. European Parliament and Council Regulation (EC) No 110/2008 of 15 January 2008 on the definition, description, presentation and labelling of, and the protection of geographical indications for spirit drinks and repealing Council Regulation (EEC) No 1576/89,
2. European Parliament and Council Regulation (EU) no 1308/2013 of 17 december 2013 on the single CMO for agricultural products, and repealing Council regulations (EEC) no 922/72, (EEC) No 234/79, (EEC) no 1037/2001 and (EC) No 1234/2007,
3. European Parliament and Council Regulation (EU) no 1306/2013 of 17 december 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council regulations (EEC) no 352/78, (EEC) No 165/94, (EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005 and (EC) No 485/2008,
4. European Parliament and Council Regulation (EU) No 251/2014 of 26 February 2014 on the definition, description, presentation and labelling of, and the protection of geographical indications for wines, aromatized products and repealing Council Regulation (EEC) No 1601/91, and
5. 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. Law (2015:766).
section 3 of the Government or the authority, as the Government determines
Announcing the regulations needed for the completion of EU-
the provisions. Law (2011:411).
Control
section 4 of the enforcement of this Act, the regulations and
decision given pursuant to the law, the EU regulations
supplemented by the law and the decisions rendered with
support of EU rules shall be exercised by the national food administration,
provincial governments and municipalities in accordance with the rules
as the Government Announces.
A municipality's task to be performed by the municipal
Councils carry out tasks in the environment or
health protection zone. Law (2011:411).
section 5 of the Government or the NFA may submit to a
such control bodies referred to in the second paragraph of article 2 5 in
European Parliament and Council Regulation (EC) No 882/2004, to
exercise such control referred to in section 4.
A surrender may not refer to the right to adopt measures
in the case of non-compliance.
Other obligations of control authorities
section 6 of the Government may designate one or more authorities to coordinate
other control authorities ' activities and provide advice and assistance
in this activity.
Surveillance authorities shall by advice, information and
otherwise make it easier for the individual to meet their
obligations under the Act, the regulations and decisions
notified pursuant to the law, the EU provisions
supplemented by the law and the decisions handed down under
of EU rules. Law (2011:411).
section 7 of the surveillance authorities shall ensure that action is taken against
violations of the law, of the provisions or decisions which have
issued by virtue of the law or of the EU provisions
supplemented by the law. Law (2011:411).
Municipal cooperation in control
section 8 a municipality may agree with another municipality if they
control data that the municipality has under this Act to
be carried out in whole or in part by the other municipality. The municipality may
not, however, assign the authority to announce a decision in a case
to another municipality.
A municipality may, with the agreement of another municipality
instruct employees in the municipality to decide on the first
that the municipality's behalf in a particular case or group of
cases under this Act, except in the cases referred to in 6
Cape. § 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 the Board shall apply to anyone who makes such decisions.
Injunctions directed at municipalities
section 9 If a municipality fails to fulfil his obligation to exercise
control within the meaning of this law, the national food administration shall submit to the
the municipality to do so. Such a procedure should
include information on the measures the work considers
necessary for the requirement to be met.
Regulations on control
section 10 of the Government or the authority, as the Government determines
may provide for the checking will be carried out.
Government or authority the Government determines may
provide for the obligation of a supervisory authority
or an inspection body to provide information to such
coordinating authority referred to in paragraph 6.
The right to information and access
section 11 of The inspection authority and inspection bodies have, in the
extent necessary for the inspection, right to request
1. information and documents, and
2. access to areas, facilities and other areas which have
related to the operation and where do surveys and take
samples.
The first subparagraph shall also apply to the European Commission and
inspectors and experts appointed by the Commission.
Law (2011:411).
Obligation to provide assistance
12 § anyone under control will provide the
help needed to control should be implemented.
Injunctions and prohibitions
13 § in addition to what follows the EU rules
supplemented by the law or as specifically provided for in section 9 will receive a
Control Authority announce the injunctions and prohibitions
needed to the Act, the regulations and decisions
notified pursuant to the law, the EU provisions
supplemented by the law and the decisions handed down under
of Community rules should be followed. Law (2011:411).
VITE
14 § Injunctions and prohibition under section 13 or in the EU
provisions are supplemented by the law may be subject to a penalty.
If the authority has reason to believe that any
has committed an act which may give rise to penalties, may be
authority under penalty to the defendant to participate
in the investigation. Law (2011:411).
Disposal of goods
15 § in addition to what follows the EU rules
supplemented by Act, a supervisory authority to take care of a
be referred to with an injunction or prohibition under section 13,
If the injunction or prohibition are not followed.
If a product has been taken care of, get the owner under the supervision of
change the name of the inspection authority or composition
of the goods or make any other change to the
in line with the EU rules, supplemented by
the law. Otherwise, the control authority let destroy software on
owner's expense. Law (2011:411).
Corrigendum to:
16 § if someone does not fulfil the obligations imposed on it by law, the
regulations and decisions given by virtue of the law, the
EU rules as supplemented by law or the decisions
has been granted on the basis of the Community provisions, the
control authority may decide on the correction of his or her
the expense. Law (2011:411).
The use of police authority
section 17 of the police authority shall, on request by the inspection authority
provide the necessary assistance for the control and enforcement
of decision under this Act, the regulations or decisions
has been notified pursuant to the law, the EU provisions
supplemented by the law or the decisions communicated with
support of EU rules.
The aid referred to in the first subparagraph may be requested only if
1. due to 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 Police Act (1984:387) need
be used, or
2. otherwise, there are exceptional circumstances.
Law (2014:710).
Fees
section 18 of the Government or the authority, as the Government determines
may provide for the obligation to pay fee for
1. control under this Act, the regulations have been communicated to the
by virtue of the law or the EU provisions are complemented by
the law, and
2. examination or prosecution under this Act, the
rules given by virtue of the law or the European
provisions are supplemented by the law.
The Government may provide for the obligation of
municipalities to levy such a charge referred to in the first subparagraph.
Government or authority the Government determines may
provide for the calculation of the fees charged by State
authorities and control bodies in charge. Law (2011:411).
Appeal
section 19 of the decision of the Municipal Board under this Act, in accordance with the
rules given by virtue of the law or according to
the EU rules as supplemented by law may be appealed to
the County Administrative Board. Law (2011:411).
section 20 of the decision of a State administrative authority under this
law, according to the rules given by virtue of the law
or according to the EU rules which is complemented by this law,
be appealed to a general administrative court.
Leave to appeal is required in the case of appeal to the administrative court.
Law (2011:411).
section 21 an authority may decide that its decision should be valid
immediately while it appealed.
Transitional provisions
2009:1424
1. This law shall enter into force on 1 January 2010, when the law
(1995:1336) on the protection of designations of agricultural products
and food, etc., shall be repealed.
2. Prohibitions, orders and other decisions about the obligations of
individual who has been issued with the support of the older rules will
is considered to be decided under this law.