Originating Department: Bundesministerium für Soziales, Gesundheit, Pflege und Konsumentenschutz
Responsible Department: Bundesministerium für Digitalisierung und Wirtschaftsstandort
Received: 2021-07-05 00:00:00
Country: Austria
Category: AGRICULTURE, FISHING AND FOODSTUFFS
Ordinance of the Federal Minister for Social Affairs, Health, Care and Consumer Protection on the mandatory disclosure of information on the provenance of meat, milk and eggs along the supply chain of food business operators
Notification No.: 2021-0421-A
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Draft
Ordinance of the Federal Minister for Social Affairs, Health, Care and Consumer Protection on the mandatory provision of information on the origin of meat, milk and eggs along the food supply chain
Ordinance of the Federal Minister for Social Affairs, Health, Care and Consumer Protection on the requirement to provide information about the origin of meat, milk and eggs along the food supply chain
By virtue of § 4(3) and § 6(1) and (2) of the Food Safety and Consumer Protection Act – LMSVG, Federal Law Gazette I No 13/2006, as last amended by the Federal Act promulgated in Federal Law Gazette I No 104/2019, the following is hereby decreed in agreement with the Federal Minister for Digital and Economic Affairs:
Objective
§ 1. The objective of this Ordinance is the requirement to provide information about the origin of meat, milk and eggs along the food supply chain.
Scope
§ 1. The purpose of this Ordinance is the provision of information on the origin of meat, milk and eggs along the food supply chain.
§ 2. This Ordinance shall apply to domestic
3. egg plants.
which supply other food businesses with food products not intended for distribution to final consumers.
Definitions
§ 3. For the purposes of this Ordinance,
1. ‘dairy plant’ means a food business handling or processing milk or milk products.
1. ‘dairy plants’: food businesses producing or processing milk or milk products;
2. ‘egg plant’ means a food business supplying eggs, liquid egg, liquid egg yolk, liquid egg white and dry egg to other food businesses for further processing.
2. ‘milk products’: drinking milk, butter, sour cream, curds, natural yoghurt, whipping cream and soft cheese;
3. ‘milk products’ means drinking milk, butter, sour cream, curds, natural yoghurt, whipping cream and soft cheese.
3. ‘egg plants’: food businesses producing or processing eggs, liquid egg, liquid egg yolk, liquid egg white or dry egg.
Provision of information
§ 4. (1) Domestic slaughterhouses and cutting plants shall, in the case of meat of sheep, goats, swine and poultry intended for further processing, indicate in the commercial documents relating to the foodstuff the country of origin as referred to in Article 5 of Implementing Regulation (EU) No 1337/2013 as regards the indication of the country of origin or place of provenance for fresh, chilled or frozen meat of swine, sheep, goats and poultry, OJ L 335, 14.12.2013, p. 19, as corrected by OJ L 95, 29.3.2014, p. 70.
§ 4. (1) Slaughterhouses and cutting plants shall, in the case of meat of swine, sheep, goats and poultry, indicate in the commercial documents the country of origin as referred to in Article 5 of Implementing Regulation (EU) No 1337/2013 as regards the indication of the country of origin or place of provenance for fresh, chilled or frozen meat of swine, sheep, goats and poultry, OJ L 335, 14. 12. 2013, p. 19, as corrected by OJ L 95, 29.3.2014, p. 70.
(2) Domestic dairy plants shall, in the case of milk intended for further processing into milk products as defined in § 3 point 3, indicate the country of origin (name of the country in which the animal was milked) in the commercial documents relating to the foodstuff.
(2) Dairy plants shall, in the case of milk and milk products as defined in § 3 point 2, indicate the country of origin (name of the country in which the animal was milked) in commercial documents.
(3) Domestic egg plants shall, in the case of eggs, liquid egg, liquid egg yolk, liquid egg white and dry egg intended for further processing, indicate the country of origin (name of the country in which the egg was laid) in the commercial documents relating to the foodstuff.
(3) Egg plants shall, in the case of eggs, liquid egg, liquid egg yolk, liquid egg white and dry egg, indicate the country of origin (name of the country in which the egg was laid) in commercial documents.
(4) The terms ‘country’, ‘countries’, ‘EU’, ‘non-EU’ or ‘EU and non-EU’ shall be used for indicating the country of origin in accordance with paragraphs (1) to (3).
(4) The indication of the country of origin in accordance with paragraphs (1) to (3) shall be made in accordance with Article 2 of Implementing Regulation (EU) 2018/775 laying down rules for the application of Article 26(3) of Regulation (EU) No 1169/2011 on the provision of food information to consumers, as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of a food, OJ L 131, 29.5.2018, p. 8.
Traceability
Documentation
§ 5. The food businesses referred to in § 2 shall have appropriate documentation, systems or procedures to prove the country of origin to the competent authority (provincial governor in accordance with § 24 LMSVG).
§ 5. (1) The food businesses referred to in § 2 shall have appropriate documentation, systems or procedures to prove the country of origin to the competent authority (provincial governor in accordance with § 24 LMSVG).
(2) Participation in legally recognised systems of origin shall be regarded as proof in accordance with paragraph (1).
Entry into force
Final provisions
§ 7. This Ordinance has been notified in compliance with the provisions of Directive (EU) 2015/1535 laying down a procedure for the provision of information in the field of technical regulations, OJ L 241, 17.9.2015, p. 1, and Article 45 of Regulation (EU) No 1169/2011 on the provision of food information to consumers.
§ 7. This Ordinance has been notified in compliance with the provisions of Directive (EU) 2015/1535 laying down a procedure for the provision of information in the field of technical regulations, OJ L 241, 17.9.2015, p. 1.