Decree No. 136 / 1979 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition issuing the basic conditions for the supply of agricultural products delivered by purchasing organisations for processing or for sale
Valid
Effective from 01.01.1980
136
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 6 November 1979
on the issue of basic conditions for the supply of agricultural products delivered by purchasing organisations for processing or for sale
The Federal Ministry of Agriculture and Nutrition provides, in an agreement with the participating central authorities under Article 392 (1) of the Economic Code, in the version published under No 37 / 1971 Coll. and supplemented by Act No 144 / 1975 Coll. ("the Act '):
GENERAL PROVISIONS
Subject matter and scope of the adjustment
(1) This decree regulates the supply of cereals, leguminous vegetables, oilseeds, early and late potatoes, empty macaques, hay, straw, domestic sweat wool, freshwater market fish, game and slaughter rabbits (hereinafter referred to as "products'), which deliver to other processing or for sale organisations.
(2) The Decree does not apply to supplies of products for export and from imports.
Economic contracts
(1) The contract on the preparation of supplies is usually concluded for a period of five years.
(2) Organisations are required to specify the contract already concluded on the preparation of deliveries according to the protocol on the results of the consultation of the supplier-customer relationships.
(3) Unless otherwise provided for in Part Two of this Decree, the buyer shall submit to the supplier a draft contract for the delivery of the products in duplicate no later than 45 days before the beginning of the year, broken down into individual quarters.
(4) The supplier shall be obliged to comment on the draft contract within 10 days of the expiry of the deadline for its submission and, in the case of late submission, within 10 days of its service.
Quality
The collector shall, in exceptional cases, withdraw the products even if they do not conform to the technical standards, provided that they can be used for direct consumption or processing; the conditions of collection shall be laid down in the contract. This provision shall not apply to the supply of table potatoes to commercial organisations.
Quantity
In the case of supplies of plant products, the supplier and the customer shall agree, as appropriate, on the method and, where appropriate, the place of identification of the weight of the supply binding on both parties.
Packaging
(1) In the case of supplies of products carried out in the packaging of the customer, the customer shall send the corresponding packaging to the supplier, unpolluted and undamaged, not later than 15 days before the start of the delivery period and inform him of the dispatch of the consignment, unless otherwise specified in Part Two of this Order.
(2) Bulk shipments shall be provided by the supplier with garages as required. The collector shall return the gardens paid to the supplier 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 for sale 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
(1) Unless otherwise agreed by the organisation, the transport of the products shall be provided by the supplier who also determines the mode of transport.
(2) In the event that the customer provides, in agreement with the supplier, transport of the products by his own means of transport by road, the supplier shall be obliged to pay him the cost of the transport at the level of the freight transport tariff for domestic transport.
(3) The transport disposition shall be delivered in duplicate to the supplier not later than the ninth day of the month preceding the month of delivery, unless otherwise specified in Part Two of this Order.
Verification of transactions and claims
(1) If the customer finds a quantity or quality defect and a supplier's representative is not present, he shall be obliged to notify the supplier by telegram or telephone without undue delay and at the same time invite him to participate in the compilation of the registration and to take any samples. If the supplier does not comment on the customer's invitation without undue delay, the customer shall invite the social inspection body or any other impartial person to complete the verification. Organisations can agree on who they will agree to be an impartial person.
(2) For plant products for which the technical standard provides for sampling, the purchaser is required to take three samples, if quality defects are detected, in the manner specified in the relevant technical standard. These samples shall be sealed and signed by the persons who took part in their collection. The collector shall keep two samples, the third shall send the supplier at the same time as the complaint without undue delay, no later than 15 days after receipt of the delivery. If there is no agreement between the organisations on the handling of the complaint, the buyer shall immediately send one sample according to the jurisdiction of the State Inspection of Quality of Agricultural Products, Prague or State Inspection of Quality of Agricultural Products, Bratislava.
(3) In the case of early and late potatoes and animal products, the purchaser is obliged to ensure, if quality defects are detected, the sampling and quality assessment in accordance with the relevant technical standard.
(4) The result of the analysis or quality assessment carried out in accordance with paragraphs 2 and 3 shall be binding on both organisations. The costs of the assessment shall be borne by an organisation in whose disadvantage the result has been expressed.
Guarantee period
If the guarantee period is not provided for in Part Two of this Order, it shall be 6 months after delivery.
Property sanctions
(1) In the supply of products, the property penalties provided for in § 204 to 208 of the Act apply. Penalties which do not exceed the amount of CZK 1000 per case need not be charged or enforced.
(2) If the buyer does not return the garden within the prescribed period, he shall pay the supplier a property penalty of 20 CZK per head per day.
SPECIAL PROVISIONS FOR CERTAIN SPECIES OF PRODUCTS
Vegetable products
Cereals and pulses for milling
(1) The collector shall submit a draft contract for the supply of products no later than 45 days before the beginning of the quarter in which the supply is to be made.
(2) In order to determine the subject matter and time of execution (Section 153 (1) of the Act), the customer must also indicate in the draft contract the quality required, the monthly quantity by product type and the distribution of supplies to the mill premises.
(3) The joint meetings of suppliers' and customers' representatives which shall take place no later than the 12th day of the month preceding the delivery shall be agreed on:
(a) the quality composition of the products on the basis of samples or quality certificates submitted by the supplier, including any derogation from the gluten content of wheat and maltose content of rye,
(b) the identification of the stores of the supplier from which the supplies will be delivered and the premises of the customer (the recipient of the supplies);
(c) timing of deliveries (delivery plan), for mills with limited storage capacity of decade, week or day,
(d) the mode of transport and the disposition of transport;
(e) the time of receipt and disposal of products when transported by means of road;
(f) adequate reserve supply of products in the nearest supplier's stores.
(4) The minutes signed by the supplier's and customer's representative shall be an addition to the contract for the supply of products.
If, by agreement with the customer, the supplier dispatches partial deliveries in one day of a comprehensive lot, the supplier shall certify quality by analysing the sample taken from the whole lot. In this case, the buyer shall verify the quality of the composite sample taken according to the relevant technical standard from each supply.
Poppy seed for commercial organisations
The guarantee period for poppy delivered to trading organisations shall be 4 months after delivery.
Malting barley
In addition to the requirements laid down in Section 116 (1) of the Act, the content of the agreement between the superior bodies of the supplier and the customer on the annual volume of supply of malting barley and the agreement on the annual volume of supply of the selective barley for the production of malt for export must be included in the contract for the preparation of supplies of malting barley.
(1) At joint meetings of representatives of suppliers and customers and their superior bodies (barley commission), which shall take place no later than 35 days before the beginning of the quarter in which supplies are to be made,
(a) the extent of deliveries between individual customers and suppliers for quarters and months shall be specified;
(b) the quality composition of such supplies shall be established, including the quality of barley for the production of malt for export;
(c) the warehouses of the supplier from which the supplies are to be delivered and the premises of the customer (consignee), including the mode of transport, shall be determined.
(2) The minutes are binding grounds for concluding a supply contract.
(1) The collector shall submit to the supplier, on the basis of the minutes (Paragraph 14 (2)), a draft contract for the supply of malting barley for the relevant quarter, broken down into months, no later than 15 days before the beginning of the quarter in which the supply is to be made.
(2) In order to determine the subject matter and time of execution (Section 153 (1) of the Act), the customer must also indicate the required quality, packaging and determination of the daily loading capacity of the recipients in the draft contract for the supply of products.
The supplies of barley for the production of malt intended for export shall be made in a quality specifically agreed between the supplier and the buyer on the basis of samples.
If the customer has not made the transport available directly in the contract, he shall submit it to the supplier no later than the 10th day of the month preceding the month in which the delivery is to be made.
(1) Malting barley is supplied in bulk or in an agreed package.
(2) When deliveries are made in the packaging of the supplier, the customer shall return the packaging to the supplier unpolluted and undamaged no later than 15 days after delivery and inform the supplier in advance of its dispatch.
Oilseeds for the fat industry
The draft delivery contract shall be submitted by the buyer to the supplier 45 days before the beginning of the quarter in which the first delivery of the current year is to take place.
The delivery period shall be set to the nearest quarter.
(1) At a joint meeting convened by the superior authorities before the submission of the draft contract pursuant to § 19, the supplier shall agree with the customer a decade-old loading plan and, on the basis of that, a daily loading plan for deliveries, including the mode of transport which replaces the transport available.
(2) The quantity not delivered in accordance with the daily loading plan may be refilled by the supplier only within a period agreed in advance with the customer.
(1) The supplier shall ensure the presence of his authorised representative in the verification of the fulfilment of the oil supplies to the customer in the third quarter; in other quarters only if agreed.
(2) Representative of the supplier
(a) verify the accuracy of the weighing of the wagon consignments at the customer by signing the authentic instrument;
(b) verify that the customer carries out sampling in accordance with the relevant technical standard;
(c) agree with its signature the accuracy of the analysis of samples in the producer's laboratory;
(d) accept from the customer a copy of the result of the agreed analysis and provide the supplier with overall information.
(3) The collector must take three samples from each supply in the manner specified in the relevant technical standard. It shall analyse one sample in its laboratory and store the other two in case of complaint. In the absence of a supplier's representative when sampling, a binding sample taken by the customer shall be used to determine the quality of the supply. After sampling, the buyer is entitled to unload the consignment.
(4) For the supply of oil oil by road means of transport, a sample shall be taken separately from each means of transport; the quality of delivery shall be determined by analysis of the composite sample, which shall be made up of samples taken from deliveries from the same loading point in one day.
(5) The result of the sample analysis agreed by the supplier's representative and the customer shall be the basis for the supply settlement.
(6) If the supplier's representative does not agree to the result of the sample analysis carried out in the customer's laboratory, the buyer shall send one sealed sample according to the jurisdiction of the State Inspection of Quality of Agricultural Products, Prague or the State Inspection of Quality of Agricultural Products, Bratislava no later than 7 days after the analysis.
(7) Within the same period, the buyer shall send the supplier the result of his own analysis of the sample, which is simultaneously a claim for quality defects.
Potato early and late
(1) The collector submits a draft delivery contract
(a) early potatoes not later than 31 March of the year of harvest;
(b) late potatoes not later than 15 May of the year of harvest.
(2) The delivery period shall be specified in the contract to the nearest month. In the case of early potatoes, the buyer shall agree with the supplier the time distribution of deliveries by week for the conclusion of the contract, for late potatoes no later than 15 August of the year of harvest. This Agreement shall form an integral part of the Treaty.
The supplier and the customer may agree in the contract that the customer will also take over the late potato delivery contract purchased by the supplier and stored in his own agricultural organisations.3)
The quantity of late potatoes delivered may deviate by ± 10% from the possibilities agreed per week. The difference must be offset by the supplier in the following week, unless otherwise agreed.
(1) The minimum dispatch quantity for the supply of early and late potatoes by rail shall be one unit of vehicle but not less than 10 tonnes.
(2) No later than the delivery deadline, the supplier and the customer shall agree the maximum daily delivery for each railway station of destination or reception warehouse of the customer on delivery of the means of transport by road.
(1) The purchaser is obliged to notify the supplier of the defects of the early potatoes as soon as they have been established, not later than 2 days after receipt of the supply and the complaint has been confirmed in writing by the supplier no later than 15 days after receipt.
(2) Defects of late potatoes which have been identified by the verification of the performance of the delivery shall be made in writing by the purchaser no later than 15 days after the receipt. quality defects identified by the customer after receipt of the delivery shall be recovered within 2 months at the latest.
(3) The guarantee period for early potatoes is 15 days and late potatoes is 2 months after delivery.
For the transport of early potatoes by rail, the permitted weight loss shall be 2% during transport, if transport lasts more than 2 days, and 3% if it lasts more than 4 days.
Animal products
_
(1) The contractor shall submit a draft delivery contract to the supplier no later than 30 days before the beginning of the quarter in which the delivery is to be made.
(2) The supplier and the customer agree in the contract the distribution of deliveries per month by species and the quantity of game, the minimum quantity of consignment and the place of delivery.
(3) The supplier shall notify the customer 7 days in advance of the date of delivery. The telephone notification shall be confirmed in writing.
If the customer finds a quality defect which could result in non-edible meat, he shall also invite the competent authority of the veterinary service to register the defects to verify that fact. The health certificate must be attached to the claim by the customer.
The guarantee period shall be:
(a) one day after the delivery has been completed in respect of defects to be detected immediately upon receipt;
(b) for other defects, 3 days after completion of the supply of game cold and chilled and 7 days after completion of the supply of game frozen.
Cattle rabbits
(1) The supplier and the customer agree in the delivery contract the distribution of supplies per month, the minimum quantity of shipment and the place of delivery.
(2) Paragraphs 29 (3) and 30 apply mutatis mutandis to supplies of rabbits.
The guarantee period shall be:
(a) one day after the delivery has been completed in respect of defects to be detected immediately upon receipt of the delivery;
(b) for other defects, no later than 3 days after delivery.
Domestic sweat sheep wool
(1) The contractor shall submit a draft delivery contract to the supplier no later than 25 days before the beginning of the calendar semester.
(2) The delivery period shall be set to the nearest half-year.
The quantity of sweat wool delivered may deviate by a maximum of ± 5% from the quantity specified in the contract.
(1) According to the agreement with the customer, the supplier may divide the delivery not only by quality class but also to so-called lots, where the lot should not contain less than 4 jocks.
(2) The verification shall be carried out according to the quality distribution of the supply.
(1) The sweat wool is supplied in the packaging of the consumer.
(2) The supplier shall forward to the customer the transport available for the sending of empty jocks, which must include, in addition to the address of the consignee and the place (s) of destination, the timetable for the jocks' needs.
(3) The collector shall send the jocks according to the data in the transport available at least 30 days before the date of the jockeys' need specified in the timetable.
The warranty period shall be 1 month after the delivery is completed.
Freshwater market fish
The verification shall be carried out immediately upon receipt of the supply.
Paragraph 30 shall apply mutatis mutandis to fish supplies.
(1) The supplier shall be liable for the quality of the supply until the time of receipt by the customer.
(2) In the case of quality defects resulting in non-edible meat, the guarantee period is 24 hours after delivery.
The minimum shipping quantity shall be 50 kg unless otherwise agreed between the supplier and the buyer.
PROVISIONS COMMON AND FINAL
Organisations may not agree in a contract by way of derogation from the provisions of this Order unless its individual provisions expressly permit it.
Decree No. 123 / 1964 Coll., which issues the basic conditions for the supply of agricultural products, is hereby repealed.
This Decree shall take effect on 1 January 1980.
Minister:
Nagr v. r.
1) Paragraph 5 (1) of Decree No. 123 / 1976 Coll., on the basic conditions of supply of agricultural products and supplies, as amended by Decree No. 83 / 1977 Coll.
2) Decree No. 33 / 1975 Coll., on Discussing Supplier Customer Relations in the Planning Process.
3) Articles 31 (1) (c) and 34 of Decree No. 123 / 1976 Coll.
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Regulation Information
| Citation | Decree of the Federal Ministry of Agriculture and Nutrition No. 136 / 1979 Coll., which issues the basic conditions for the supply of agricultural products delivered by purchasing organisations for processing or for sale |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.12.1979 |
|---|---|
| Effective from | 01.01.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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