Decree of the Central Administration of the Purchase of Agricultural Products No. 123 / 1964 Coll.
Decree of the Central Administration of the Purchase of Agricultural Products, which issues the basic conditions for the supply of agricultural products
Valid
Effective from 01.07.1964
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
Oddíl I
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
Oddíl II
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 31
§ 32
§ 33
ČÁST TŘETÍ
Oddíl I
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
Oddíl II
§ 48
§ 49
§ 50
§ 51
Oddíl III
§ 52
§ 53
§ 54
§ 55
Oddíl IV
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
Oddíl V
§ 63
§ 64
Oddíl VI
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
Oddíl VII
§ 74
§ 75
§ 76
Oddíl VIII
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
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123
DECLARATION
Central management of the purchase of agricultural products
of 29 June 1964
to issue basic conditions for the supply of agricultural products.
The central administration of the purchase of agricultural products in agreement with the participating central authorities and, after approval by the main arbiter of the Czechoslovak Socialist Republic, pursuant to Section 392 of the Economic Code No. 109 / 1964 Coll. ("the law '):
Scope
This decree regulates all deliveries
(a) agricultural products, protein concentrates and compound feedingstuffs supplied by undertakings managed by the Central Administration of the Purchase of Agricultural Products;
(b) freshwater fish, fish handles, trawl and eggs delivered by undertakings managed by the Ministry of Agriculture, Forestry and Water Management;
(d) honey, forest fruit and mushrooms, kids and lambs supplied by folk consumption cooperatives, provided that they are customers of industrial, wholesale and retail organisations. However, it shall not apply to supplies for export and from imports and to deliveries regulated by the basic terms and conditions of purchase of agricultural products and supplies of agricultural needs. *)
Vegetable products
General provisions
Conclusion of contracts
(k § 152 of the Act)
(1) The supplier shall submit a draft contract (order) for the supply of agricultural products of plant origin (including seeds and seed, protein concentrates and compound feedingstuffs) in duplicate at the latest:
(a) for the supply of malting barley to brewery undertakings within 3 days of receipt of the allocation note (§ 12);
(b) for industrial potatoes, 45 days before the beginning of the third quarter (this proposal includes the year-round delivery volume);
(c) for seed and seed, within 5 days of receipt of the planning act (disposal plan);
(d) for all other products, 45 days before the beginning of the quarter in which the first delivery is to be made.
(2) The draft contract contains the required species composition and packaging.
(3) The contractor shall be obliged to comment on the draft contract within 10 days of the expiry of the deadline for its submission, in the case of late submission of the draft contract within 10 days of receipt of the contract.
(4) In the case of the supply of early potatoes and other table potatoes between 1 and 31 August, the central authorities may agree on operational management of supplies in shorter periods of time (five-day, ten-day) in order to ensure a uniform supply of the population.
(5) In the case of industrial potatoes, the supplier shall agree with the customer no later than the 8th day of the preceding month to specify the deliveries for the following month. If there is a conflict, the two organisations shall notify the contradiction to their superior authority. Disputes between organisations shall be decided by their superior authorities, which shall take place by the 12th day before the beginning of the month in which they are to be implemented.
Quality
(k § 172 of the Act)
The collector shall take over agricultural products which do not comply with the technical standards if he can use them for the intended purposes.
Labelling of products
(k § 174 of the Act)
Supplies of products in bulk and sacked shall not be marked unless the method of labelling is laid down in a technical standard.
Quantity
(to Section 175 of the Act)
(1) The quantity of products delivered may deviate by 1- 5% from the quantity agreed in the contract for each month.
(2) When delivering expensive supplies, the supplier must ask the public carrier to carry out official weighing of the products. Where a public carrier cannot carry out weighing of products at the dispatch station, the supplier shall request that the consignment be officially weighed at the destination station or, where appropriate, at the travelling station.
(3) If it is agreed that products will be supplied in bags of the same weight, the accuracy of the weight shall be determined by transporting 5% of the bags randomly selected. If the bags are not found to be of equal weight, the weight of the goods delivered shall be determined by transporting them to the rolling or bridge scales.
(4) Organisations may agree with each other to recognise the weight of the supplier or the customer as the decision to assess the quantity.
(5) The minimum quantity is the wagon consignment.
Management of packaging
(to Section 179 of the Act)
(1) Where products are to be supplied in bags of customers, the number, type, size and condition of the bags must be indicated in the accompanying document of the supplier when the bags are dispatched. The consignee shall check the actual status, number, type and size of the bags with the data in the transport document. If the bags run out of contaminated or damaged, the consignee shall clean or repair or return them; the costs are borne by the consignor of the packages.
(2) Shipments in bulk shall be provided by the sender as required by the garages. When using the yard of the consignor, the consignee is obliged to return the garden to the consignor in full within 10 days of the date of receipt of the wagon for unloading. This period shall be respected if the gardens have been demonstrably reported to the public carrier no later than the last day of that period; the date of submission shall be indicated by the customer in the transport document.
Transport
(to Section 180 of the Act)
(1) If the customer provides the transport of the products under the previous agreement with the supplier, the supplier shall be obliged to reimburse the transport costs up to 50 km according to the road car fare, over 50 km according to the rail fare, unless otherwise stipulated by the price lists.
(2) The period of receipt of the products by the customer for which the supplier is entitled to supply the products by means of means of transport sent by him and the period of delivery by the supplier, if the customer provides them, shall be agreed in the contract. The supplier is obliged to agree with the customer to take over the products supplied by the road means of transport if the purchase is to take place after 16 o'clock or on the working day.
Transport disposition
(to Article 189 of the Law)
If the customer has not indicated the transport disposition directly in the contract, he shall be obliged to submit the transport disposition to the supplier at the latest on the ninth day of the month preceding the delivery month.
Product collection and quality verification
(to § 193 to 197 of the Act)
(1) The collector is obliged to comply with technical standards when taking the products and checking the quality.
(2) If the customer considers that the quality of the products delivered does not correspond to the quality declared by the supplier in the accompanying documents, he shall inform the supplier without delay.
(3) A reliable means of proof of the actual quality of the products delivered shall, in particular, be ensured by the purchaser by taking samples with the participation of the supplier, organisation or person designated by the supplier or, where appropriate, by the organisation, entitled to decide on the quality of the products. Where sampling cannot be ensured with the participation of those organisations (persons), the buyer shall invite a social inspection body or another impartial person to take samples.
Sampling
(1) Samples shall be taken:
(a) in the case of bulk products and sacked potatoes before unloading from the means of transport;
(b) for other sacked products no later than 48 hours after the receipt of the products from the transmitting organisation.
(2) Three samples (one sample for potatoes) are taken from the products according to the provisions of the technical standard.
(3) The samples shall be sealed and signed by the persons who took part in the collection. The collector shall keep two samples, the third shall send to the supplier. If there is no agreement between the organisations as to whether the claim is justified, the buyer shall immediately send one sample to the State inspection of the quality of agricultural products (for combined feedingstuffs, seeds and seedlings to the Central Control and Examination Institute of the Agricultural and, where applicable, the Central State Veterinary Institute). The quality of the analysis of this sample is binding on both organisations. The costs of the assessment shall be borne by an organisation in whose disadvantage the result has been expressed.
Complaints and warranty period
(Articles 135 and 136 of the Law)
(1) The collector is obliged to complain:
(a) quality defects detected in accordance with Section 10 (3) by analysis of samples sent by the State Quality Inspection of Agricultural Products to the Central Control and Examination Institute to the Agricultural or Central Veterinary Institute within 5 days of receipt of the analysis, but not later than two months after delivery; if it fails to comply with that period, the right of liability for such defects shall cease;
(b) other defects until the end of the guarantee period.
(2) The guarantee period for seed and seed shall end with the end of the nearest growing season, for nurseries, with the end of the first fertility period. For other plant products, the guarantee period shall be 6 months after delivery, unless the technical standard provides for a different guarantee period.
Specific provisions for certain product types
Grains and leguminous vegetables
Documentation for the conclusion of contracts
(k § 115 of the Act)
For the supply of malting barley, deliveries and sampling according to informative samples shall be determined by the competent authority *) within the framework of the tasks set out in the plan. Organisations shall conclude contracts on the basis of an allocation note issued by this Commission.
Quality
(k § 172 of the Act)
Deliveries of malting barley for export malting plants shall be made in a quality specifically agreed.
Minimum dispatch quantity
(to Section 176 of the Act)
When delivering leguminous vegetables, the minimum quantity shall be 200 kg of one species. If the suppliers and customers are in different counties, the supply may be requested for only one location in the county.
Cereals are supplied in bulk. Where the customer requests bagged deliveries, the supplier shall comply with this requirement only if the previous range of bagged deliveries for the same time period corresponds to the requested request submitted or if the customer does not have the technical equipment for bulk purchases.
Industrial processing oil
Quality
(k § 172 of the Act)
(1) A quality worse than that specified may be supplied by the supplier only after prior written agreement of the customer.
(2) Oilseeds containing more than 10 weight percent of oil of another species are considered to be a mixture and are evaluated by species in the mixture contained.
(3) Where oil crops with an unremovable odour are delivered, the customer may not require a new impeccable performance or cancellation of the contract, where appropriate, to use oil for the intended purposes.
(4) The supplier shall indicate in the transport documents the water content in percentage.
Minimum quantity
(to Section 176 of the Act)
In the case of oil supplies there is a minimum quantity of 500 kg. However, the rape and sunflower can only be supplied by the supplier in quantities less than 1 wagon in June and December.
Packaging and packaging
(to Section 178 of the Act)
(1) Oilseeds are supplied in bags by customers, unless there are other agreements. The collector shall send unpolluted and undamaged bags to the dispatching stations notified by the supplier for his own cargo no later than 15 days before the start of the delivery period and shall notify the supplier of the dispatch of the bags. If the buyer does not send the bags 10 days before the start of the delivery period, the supplier is entitled to send the oil in his own bags. The bags are invoiced to the customer at cost unless otherwise agreed.
(2) Oilseed supplies are not supplied in bags of the same weight (in egalised bags).
Transport
(to Section 180 of the Act)
For the supply of rape and sunflower during the harvest, the transport disposition shall be replaced by a loading plan agreed between the superior authorities of the buyer and supplier, unless otherwise agreed. The supplier is obliged to comply with specified daily loading capacity.
Price
(to Article 190 of the Law)
(1) The supplier shall charge the buyer of the oil reserve according to the basic oil content.
(2) The oil collector is obliged to perform the prescribed analysis of the fat content that is critical for the settlement (for linseed after magnetic cleaning and for linseed pickled, the organisation may agree on a different accounting method). The oil content shall be rounded to the nearest tenth of a percentage. Based on the finding of the fat value in kg (%), the customer shall settle the supply. This settlement shall be sent by the customer to the supplier no later than 15 days and from 1 July to 30 September to 20 days after delivery from the transferring organisation.
(3) If the customer is late in sending a settlement, the supplier shall pay a penalty of 20, - CZK for each day of delay.
(4) The supplier shall be entitled to object to the determination of the fat content not later than 15 days after the dispatch of the settlement. In this case, the customer shall ensure that the analysis of the State inspection of the quality of agricultural products is carried out. The result of the analysis of the State Inspection of Quality of Agricultural Products is binding on both organisations. Differences against advance invoicing shall be paid by the buyer within 15 days of the dispatch of the bill or from the receipt of the analysis of the State Inspection of Quality of Agricultural Products.
(5) If the free fatty acid content exceeds the percentage laid down by the standard, the customer shall shrink 1% from the price for each percentage exceeding the standard up to and including 6% and 1,5% for each percentage exceeding 6%. If the content of the ingredients and mineral impurities exceeds the percentage laid down by the standard, the buyer shall, at the same time as the complaint, notify the method of processing which the defective consignment is required and the cost of processing shall be expressed by a discount in percentage.
Verification of quantity and quality
In the case of supplies of sacked oil, the sampling period laid down in Article 10 (1) (b) shall be extended by an additional 24 hours in excess of the contracted acceptance capacity.
Sampling
Three samples shall be taken from the consignment according to uniform analytical methods applicable to the fat industry, weighing at least 200 g. One sample serves the customer for analysis, the other and the third shall remain with the customer for any arbitration analysis for 60 days after the verification of the delivery.
Potatoes
Quality
(k § 172 of the Act)
For the supply of potatoes for industrial processing, the central authorities shall agree by 15 September of the current year the percentage of feed potatoes to be delivered instead of industrial potatoes. The quantity of feed potatoes shall not exceed 10%.
Daily loading capacity
Organisations are obliged to agree on the maximum daily loading capacity for individual beneficiaries when improving the supply of industrial potatoes. These quantities will be agreed on the same dates as those applicable to the specification of deliveries for the following month (Section 2 (5)).
Packaging and packaging
(to Section 178 of the Act)
(1) Where technical standards do not provide that table potatoes are to be delivered exclusively in sacks, the organisation shall agree on the quantity to be delivered in bulk and on the number of sacks sent by the customer to the supplier.
(2) Unless otherwise agreed in the contract, the supplier shall, during the period 1 November to 31 March, provide wagon consignments against freezing by closing and sealing the doors and windows of the wagons and a uniform layer of straw on the walls of the wagon and on the surface at least 2% of the weight of the potato load (winter packaging). However, part of straw may be replaced by corrugated paper paperboard (without tar) not exceeding 25 kg, 8 kg of straw being replaced by 1 kg of cardboard. Costs shall be borne by the customer.
Transport
(to Section 180 of the Act)
(1) Supplies of table potatoes are required by the supplier to advertise the beneficiaries.
(2) When the potatoes are delivered, the means of transport must be separated and marked with individual varieties and grades.
Quality labelling of potatoes delivered
(to Article 192 of the Law)
(1) The supplier must also indicate in the quality certificate the percentage of soil additives above the tolerance (2%).
(2) Where a higher percentage of the ingredients than the technical standard is indicated in the quality certificate, the supplier shall deduct a weight reduction corresponding to the increased component in favour of the customer from the consignment.
Transport disposition
(to Article 189 of the Law)
(1) The transport disposition shall be sent by the customer to the supplier in duplicate at the latest on the 15th day of the month preceding the delivery.
(2) For the supply of table potatoes, the buyer shall communicate to the supplier, at the same time as the delivery available for September, a provisional breakdown of the quantity of potatoes to be delivered in the fourth quarter to each district.
Weight loss during transport
For the transport of early potatoes by rail, the allowed weight loss during transport shall be 2%, if transport lasts more than 2 days, and 3%, if transport lasts more than 4 days.
Protein concentrates and compound feed
Minimum dispatch quantity
(to Section 176 of the Act)
The minimum dispatch quantity for retail is 50 kg.
Transport disposition
(to Section 180 of the Act)
The supplier is obliged to submit to the customer a list of product types produced by each of the manufacturers before the contract is concluded. The collector may only combine carriage deliveries from a species composition of one factory in the transport disposition.
(1) Suppliers are required to supply by sending 50% of all-ovagon consignments for one plant to customers by the 15th day of the month.
(2) If the delivery does not exceed the quantity of the consignment from one supplier's plant for a single plant, the supplier shall comply with this quantity by the 20th day of the month.
Animal products
Animals for slaughter
Conclusion of contracts
(k § 152 of the Act)
(1) The supplier shall provide customers of his purchasing district no later than 45 days before the beginning of the quarter with an overview of the planned purchase quantities of each species of slaughter animals by county so that customers can determine the monthly shares of each slaughterhouse according to the size of the purchases in their own district. The holdings of individual slaughterhouses shall also take into account the extent of the necessary slaughter, supplied from the districts of such slaughterhouses.
(2) The collector sends the supplier a draft contract for the delivery of animals for slaughter (order) in duplicate no later than 35 days before the beginning of the quarter in which the delivery is to be made. The order contains a breakdown by species, by slaughterhouse and monthly delivery time.
(3) The supplier shall be obliged to comment on the draft contract no later than 10 days after the expiry of the deadline; for a late draft contract, within 10 days of receipt.
Quality
(k § 172 of the Act)
(1) Animals for slaughter which do not comply with the quality conditions laid down in the technical standards are taken over according to the yield of meat and by-products of slaughter.
(2) The yield of meat is crucial for the inclusion of slaughter horses in quality classes. According to yield, slaughter horses are to be classified in:
Class And with yield above 57%
Class B at yield above 51%
Class C at yield above 45%
Class D at yield up to 45%
(3) The following characteristics shall be established for the classification of slaughter foals (horses under two years old) in quality classes:
Class A: the foal is fully massaged, very good slaughter values,
quality class B: foal, massaged, good slaughter values,
Class C: the foal is not mated enough.
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
Oddíl I
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
Oddíl II
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 31
§ 32
§ 33
ČÁST TŘETÍ
Oddíl I
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
Oddíl II
§ 48
§ 49
§ 50
§ 51
Oddíl III
§ 52
§ 53
§ 54
§ 55
Oddíl IV
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
Oddíl V
§ 63
§ 64
Oddíl VI
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
Oddíl VII
§ 74
§ 75
§ 76
Oddíl VIII
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
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Regulation Information
| Citation | Decree of the Central Administration of the Purchase of Agricultural Products No. 123 / 1964 Coll., which issues the basic terms of supply of agricultural products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1964 |
|---|---|
| Effective from | 01.07.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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