Law (2009:1424) On The Control Of Protected Designations For Agricultural Products And Foodstuffs

Original Language Title: Lag (2009:1424) om kontroll av skyddade beteckningar på jordbruksprodukter och livsmedel

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:1424

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.