Decree No. 155 / 1988 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition on the basic conditions of supply of agricultural products
Valid
Effective from 30.09.1988
155
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 12 September 1988
on the basic conditions for the supply of agricultural products
The Federal Ministry of Agriculture and Nutrition, in agreement with the participating central authorities and the State Arbitration of the Czechoslovak Socialist Republic, provides, pursuant to Article 392 (1) (e) of Economic Code No. 109 / 1964 Coll., as amended ("the Act '):
GENERAL PROVISIONS
Subject matter and scope of the adjustment
(1) This Decree provides
(a) economic obligations in the preparation of supplies and supplies
1. agricultural products referred to in Articles 4 to 7 and supplied by agricultural organisations (Article 2) to purchasing organisations (Article 3);
2. agricultural products supplied by purchasing organisations to other organisations;
(b) the obligations of purchasing organisations and agricultural organisations in respect of transport carried out in connection with the supply of agricultural products under this decree (Sections 27 to 29).
(2) The provisions of Part Two, Titles 1 and 3 of this Decree, shall apply to supplies of agricultural products supplied by the purchasing organisations to other organisations.
(3) This decree does not apply to the supply of agricultural products on importation and for export.
ECONOMIC CONTRACTS AND ADDITIONAL CONDITIONS
CONDITIONS FOR SUPPORT OF AGRICULTURAL PRODUCTS SUPPORTED BY AGRICULTURAL ORGANISATION OF THE PURCHASING ORGANISATION
Collection and verification of transactions
(2) Once the quality and quantity of agricultural products referred to in Article 16 (1) to (6) have been established, the purchasing organisation cannot reclaim the defects which it was obliged to detect when the agricultural products were collected.
(3) The purchasing organisation can only claim defects that were undetectable at the time of completion. The extent and duration of liability for defects in certain agricultural products is set out in Section 2 (Sections 21 to 26).
(4) In the case of supplies of agricultural products which take place as a line-side supply, the purchasing organisation may apply to the agricultural organisation the rights arising from liability for defects only if it has informed the agricultural organisation of the defects in accordance with § 16 (7). The purchasing organisation shall, in the case of an agricultural organisation, make claims for defects of supply within 10 days of the expiry of the deadline for early claims of defects of the recipient of the supply, otherwise its liability rights shall cease.
Liability for defects in certain agricultural products
Potatoes
(1) The agricultural organisation is responsible for the defects in potatoes which were undetectable at the time of delivery and were caused by wet (bacterial) rot, dry Fusarium rot and brown (fungal) rot
(a) in the case of potatoes of table late for two months after delivery,
(b) for industrial potatoes, for a period of one month after delivery.
(2) The provisions of paragraph 1 shall apply only to deliveries made by the end of the harvest year.
Vegetables
(1) The agricultural organisation is responsible for the defects of celery, carrots, carrots, parsnips, root parsley delivered without fins, dry onions and garlic which were undetectable at the time of delivery and caused by fungal or bacterial diseases (Botrytis, Fusarium, Sclerotium) for a period of two months after delivery.
(2) The provisions of paragraph 1 shall apply only to deliveries made by the end of the harvest year.
Seed, seed and nurseries
(1) The agricultural organisation is responsible for:
(a) the identity of the species and varieties of seed and seed and of the defects in seed, seed and nurseries which are not detected in accordance with the technical standard at the time of delivery, until the end of the year in which the next growing period after delivery is completed,
(b) the authenticity of the variety of seed hops until the first full fertility has expired;
(c) the authenticity of the species and variety of the nurseries within one month of the date of ripening of the first fruit under which the species and variety may be determined.
(2) The agricultural organisation is responsible for defects in seed which were undetectable at the time of completion of the supply and which were caused by:
(a) dry Fusarium rot until 31 December of the year of harvest;
(b) brown (fungal) rot within 30 days of delivery,
(c) by freezing the tubers within 10 days of delivery.
Animals for slaughter
The agricultural organisation shall be responsible for the defects identified after the animals have been delivered, including poultry for slaughter, in cases where meat, organs or fat have been considered inedible during the post-mortem inspection. However, it shall not be responsible for defects arising from the technological process of slaughter.
Breeding and productive animals and captive cattle
(1) The agricultural organisation is responsible for the defects in animals which have been undetectable upon completion of the supply, in young animals up to 15 days and in older animals, poultry and piglets which have been infected with wheezing, within 28 days of delivery.
(2) Young animals for the purposes of this decree shall be considered as:
(a) piglets, treads, breeding and productive pigs up to 50 kg live weight;
(b) bovine animals up to 100 kg live weight or up to two months old;
(c) lambs aged up to eight months;
(d) foals aged up to one year.
(3) For deliveries of graded chickens, the supplier shall be responsible for sex defects within 77 days at the latest.
If the rights of liability for defects are not exercised within the time limits set out in paragraphs 21 to 25, they shall cease to exist.
CONDITIONS FOR THE SUPPORT OF AGRICULTURAL PRODUCTS SUBMITTED BY THE PURCHASE ORGANISATION TO OTHER ORGANISATIONS
Liability for defects
Poppy seed
The guarantee period for poppy delivered to trading organisations shall be 4 months after delivery.
Potatoes
The warranty period of early potatoes shall be 15 days and late potatoes 2 months after delivery.
Seed, seed and nurseries
The supplier shall be responsible for the defects within the time limits and in the manner set out in Section 23.
Animals for slaughter
Paragraph 24 applies mutatis mutandis.
Breeding and productive animals and captive cattle
Paragraph 25 applies mutatis mutandis.
Domestic sweat sheep wool
The guarantee period shall be one month after the delivery is completed.
Freshwater market fish
In the case of quality defects resulting in non-edible meat, the guarantee period shall be 24 hours after delivery.
_
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) in the case of other defects, three days after completion of the supply of game cold and chilled and seven days after completion of the supply of game frozen.
PROVISIONS COMMON AND FINAL
_
1. Federal Ministry of Agriculture and Nutrition Decree No. 73 / 1985 Coll., on the basic conditions of supply of agricultural products and agricultural needs;
2. Federal Ministry of Agriculture and Nutrition Decree No. 136 / 1979 Coll., which issues the basic conditions for the supply of agricultural products supplied by purchasing organisations for processing or for sale.
This decree shall take effect on the day of its publication.
Minister:
Toman CSc. v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Federal Ministry of Agriculture and Nutrition No 155 / 1988 Coll., on the basic conditions of supply of agricultural products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.09.1988 |
|---|---|
| Effective from | 30.09.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0