Decree No. 50 / 1977 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition issuing basic conditions for the supply of food products to state and cooperative retail organisations and consumer organisations
Valid
Effective from 01.01.1978
50
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 3 August 1977
on the issue of basic conditions for the supply of food products to public and cooperative retail organisations and consumer organisations
The Federal Ministry of Agriculture and Nutrition provides, in an agreement with the participating central authorities pursuant to Article 392 (1) of the Economic Code No 109 / 1964 Coll., as published under No 37 / 1971 Coll. (hereinafter referred to as the Act):
Scope
This decree regulates the supply of food products produced by organisations under the responsibility of the Ministry of Agriculture and Nutrition of the Czech Socialist Republic, the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic and organisations managed by national committees to state and cooperative retail organisations and consumer organisations.
Preparatory contracts
(1) In order to improve the fulfilment of the needs of the internal market and to stabilise long-term supply and customer relations, organisations or economic management bodies shall conclude preparatory contracts, such as supply preparation contracts or cooperation agreements. 1)
(2) In particular, the organisation's preparatory contracts
(a) indicate the estimated total annual supply per quarter and their main product groups;
(b) negotiate time limits for the submission of draft supply contracts (orders) and cases where such a proposal can be made by telephone;
(c) negotiate the conditions for market research and coordination in its implementation;
(d) negotiate the conditions for cooperation in the food product innovation sector in accordance with approved programmes, with particular regard to the requirements of rational nutrition and the expansion of the range;
(e) negotiate the terms and conditions of cooperation on the promotion section, in particular the extent of the supply of promotional material or other means provided by the supplier for free promotion of his own products;
(f) negotiate a procedure for the management of supplies to be produced by the supplier as a result of the fact that the total volume or volume of supplies in a particular product range was lower than agreed in the preparatory contract;
(g) negotiate further details on the application and handling of complaints.
(3) In cases where a contract for the preparation of supplies has been specifically established or imposed, a contract for the preparation of supplies has not been concluded instead of a protocol for the negotiation of the contract for the preparation of supplies, (3) the buyer submits a draft contract for the preparation of supplies no later than one month after the acquisition of the protocol and, if there has been a discrepancy, the decision by the superior economic authorities. In other cases, the buyer shall submit a draft contract for the preparation of supplies no later than 30 September of the year preceding the first delivery.
(4) The contract for the preparation of supplies is concluded for at least one year.
Delivery contract
(1) The contract for the supply of products is concluded on behalf of the customer by the designated worker, usually the head of the store, unless otherwise provided for in the rules on organisation.
(2) The contractor shall submit a draft contract (order) in the agreed number of copies within the time limits specified in the preparatory contract [Paragraph 2 (2) (b)]. The proposal shall be made on supplier's forms, unless otherwise agreed by the organisation.
(3) In cases where the organisation has agreed to this (Paragraph 2 (2) (b)), the draft contract (order) may be made by telephone. Both organisations shall keep a record of the time and content of the draft contracts thus submitted.
(4) Deliveries which are likely to be exceptional in the scope or composition of the required products (special opportunities, holidays, celebrations, etc.) must be agreed with the supplier at least 5 working days before the required performance.
Minimum dispatch quantity
The minimum dispatch quantity of products delivered to one customer (consignee) is set out in Annex 1 to this Order. The supplier and the customer may agree on a derogation of minimum dispatch quantity, in particular with regard to the provision of the sale of the products during the warranty period.
Delivery periods
Delivery periods shall be determined by a delivery plan or other agreement between the organisations. Organisations may agree on a reasonable time tolerance.
Delivery plans
(1) The delivery plans are agreed for the whole year by 15 December of the previous year at the latest. The proposal shall be submitted by the supplier no later than 1 December of the preceding year. In justified cases, organisations may agree that delivery plans will be negotiated for a shorter period than one year.
(2) If no agreement is reached in the negotiation of delivery plans between organisations, the dispute shall be decided by the relevant national committee.
(3) When negotiating delivery plans, organisations shall follow the following principles:
(a) priority must be given to important industrial cities and places, as well as important industrial plants and buildings, at the time of the top agricultural work of the relevant establishment and places of concentrated tourism during the season;
(b) Saturday and night distribution must be provided to the extent necessary at the places where it is established;
(c) for meat and meat products:
1. the supply of meat for sowing in regional cities and in spa and recreational places shall be carried out as a general rule twice or three times a week, or daily; in other places, twice to three times a week, if the weekly ordered quantity reaches 20 kg; supplies of packaged meat will be delivered daily;
2. the supply of meat products in regional cities, spa and agreed industrial and recreational places will normally be carried out four times a week or a day, in other places at least twice a week. According to local conditions and by mutual agreement, meat products may be delivered to selected stores several times a day;
3. the supply of hot meat products in regional cities, spa and agreed industrial sites will be carried out in a selected network of stores according to a specially agreed delivery plan; rendered fat and meat cans shall be transported twice a month;
4. deliveries of raw lard and smoked bacon in regional cities, spa and agreed industrial places will be made twice a week, in other places once a week;
(d) in the case of pastries, bread and pastry products:
1. in the case of pastries and pastry products, delivery plans shall be negotiated by the organisation, subdivided into the first morning delivery and the next; early morning delivery of pastries to all stores where milk is sold will be provided in regional and district cities and industrial sites;
2. the bread will be delivered in regional cities and industrial places to the selected network of stores twice a day and on Saturday once a day; to other outlets in these cities and other locations once a day, or as agreed by the organisations, as appropriate;
(e) for milk and dairy products:
1. drinking milk and other liquid products shall be delivered in regional and industrial cities to a selected network of stores at least two to three times a day; to other outlets in these cities and other locations once a day, or as agreed by the organisations, as appropriate;
2. solid dairy products shall be supplied in regional and district cities, industrial and spa places at least three times a week; to other places at least twice a week;
3. for deliveries of milk and milk products to shops in regional and district cities, industrial and spa places and in cities with a larger population, the delivery plan must be arranged so that deliveries are made between 4 and 7 a.m., in both cases with a tolerance of 30 minutes. In cases where technical and transport conditions do not guarantee delivery at this time, another delivery plan shall be agreed by the organisation;
(f) in the case of bottled beer and soft drinks, deliveries shall be made as agreed by the organisation once or more times a week;
(g) in the case of frozen products (frozen fruit, vegetables, frozen prepared meals, frozen cream creams, Soviet ice cream, frozen sea fish, domestic fish products for which the technical standard provides for the distribution in frozen condition) as agreed by the organisations;
(h) for poultry and poultry products as agreed by the organisations.
Transport
The transport of products to the destination is provided by the supplier. In the event that the customer provides for the removal of products from the works (warehouse) of the supplier for his cargo and the transport costs are included in the price, the supplier is obliged to provide a deduction from the wholesale price (sales premium) in accordance with specific regulations. (1a)
Delivery performance
(1) The supply of the agreed products is satisfied by their submission to the customer at the agreed place. This place is usually a shop, a warehouse, for the supply of meat products, for the lard and offal of a shop or an adjacent room, for the supply of beer and non-alcoholic beverages, a cellar, a shop, an establishment or a warehouse where the landfill can be carried out by normal means and without danger. The supplier is obliged to deliver and the customer is obliged to take over the products on the day and at the time when they are to be delivered according to the delivery plan. If the supplier fails to comply with the time limit set in the delivery plan when delivering the ordered products, the customer may not take over the quantity offered.
(2) If the customer is not at the agreed place at a specified time, the delivery is satisfied by the composition of the products on the spot for such cases agreed in advance.
(3) The place where the products are to be composed must comply with the hygiene rules, the relevant technical standards and the conditions laid down in the price regulations.
(4) The place of acceptance of empty packaging is the same as the place of acceptance of products.
Collection and verification of transactions
(1) In the case of quality defects which are already evident at the time of collection, the supplier (carrier) is obliged to take back the defective products immediately and, where appropriate, according to the agreement and to the returned products, to issue a document describing the defects found. At the request of the customer, the supplier shall provide a replacement supply without undue delay.
(2) In the case of other defects, the customer shall immediately inform the supplier by telegraph or telephone and ask him to participate in the registration and in the quality defects and in the sampling. In the absence of a supplier, the buyer shall invite the social inspection body or another impartial person to draw up the minutes and take samples. Organisations can agree on who they will agree to be an impartial person.
(3) In the case of quality defects, the purchaser shall take three samples in accordance with the provisions of the relevant technical standard and, if not in the usual manner. These samples shall be signed together with the sampling entry by the persons involved in the sampling. The collector shall keep one sample and hand two to the supplier.
(4) The supplier shall be obliged to allow the customer to carry out his entry check at the supplier's plant before the delivery is completed. In order to carry out an initial check on the customer, competent staff shall be authorised to entrust the superior authority to the customer unless otherwise agreed by the organisation. In cases where it is found that the products are defective in the course of such checks, the customer's operator carrying out the initial check shall be entitled to verify the quality of the products even during the production process.
Guarantee period and claims
(1) The guarantee period is laid down in the technical standards and, for meat and meat products, in Annex 2 to this Decree; if it is not so determined, it shall be 6 months after delivery.
(2) In the case of products that are rapidly spoiled, defects can be demonstrated, which are already evident at the time of collection from the transferring organisation, as a rule only if the customer demonstrates the fitness of the delivery by registration in accordance with Section 194 of the Act.
(3) In the complaint, the customer shall indicate how samples have been taken from and under which storage conditions. If there is no agreement between organisations on the handling of complaints, the supplier shall send one sample with the registration and quality certificate of the Inspection of Quality of Products of the Food Industry, Prague, or the Inspection of Quality of Products of the Food Industry, Bratislava, or the laboratory agreed upon by the organisation. The result of the analysis is binding on both organisations. The cost of the analysis shall be borne by an organisation whose assessment (s) has been rejected.
(4) In the case of beer and non-alcoholic beverages supplied in barrels, the customer will normally prove the deadliness of the supply only if the defect was detected when the barrel was opened and the drinks are returned in the original container and at least 80% of the original filling, which must be found in accordance with the provisions of § 197 of the Act.
Packaging
(1) The supplier is obliged to use suitable transport packages to deliver hygienically impeccable and transport. If the packaging remains in the customer's shop until the next delivery, the customer shall be obliged to store it in a hygienically safe place, shall not use it for any other purpose and shall return it clean.
(2) In the case of recurring regular deliveries according to the delivery plan, the customer is obliged to return and the supplier will take back the repayable packaging of all types supplied with the products immediately upon delivery.
(3) When delivering meat, meat products, pastries and bread to ČSAD or other public transport means, the customer is obliged to return the transport packaging within 24 hours of receipt of the delivery.
(4) Empty beer bottles and soft drinks must be taken over by the supplier no later than the next delivery. If there is a greater quantity of redeemed bottles than the shipment has been delivered to the customer, the customer shall notify the supplier accordingly; the supplier is obliged to provide the necessary quantity of empty crates for these bottles and to ensure their delivery at the nearest delivery of the products, unless another time limit is agreed. At the end of deliveries, the customer is obliged to return these packages to the supplier within 15 days, on delivery by rail within a month after receipt of the last delivery.
(5) In cases where poultry and eggs are transported to poultry establishments, they shall carry out a re-removal of empty packaging.
(6) The collector must prepare the packaging for transport within the agreed time and place, including the relevant documents (delivery note for returned packaging, etc.); the costs of the re-removal of such empty repackaging shall be borne by the supplier of the products.
(7) Otherwise, a separate regulation applies to the management of packaging. 2)
Property sanctions
(1) An organisation which infringes the obligations laid down in § 8 and in § 11 is required to pay a legitimate organisation a penalty of 50 CZK for each infringement.
(2) Penalties for late delivery of products by the supplier or customer need not be charged and enforced.
Common and final provisions
Organisations may not agree in a contract by way of derogation from the provisions of this Decree, except for Sections 8 (4), 9 (4), 10 (3), 11 (2) and (3) and 12 (2).
The Decree of the Ministry of Food Industry No. 130 / 1964 Coll., which issues the basic conditions for the supply of food products supplied to state and cooperative retail organisations, is hereby repealed.
This Decree shall take effect on 1 January 1978.
Minister:
Ing. Nagr v. r.
Příloha 1
Annex 1 to Decree No. 50 / 1977 Coll.
MINIMUM EXPEDITIONAL WEIGHT
For each product type, the minimum dispatch quantity shall be fixed as follows:
1. for milk and dairy products:
(a) in the case of milk and other liquid products, one container (cold tank) or one can 25 litres; in the case of cream 5 bottles for the organisation of consumer cooperatives;
(b) in the case of curd 5 kg, in the case of butter also 5 kg, but with the usual weight of the package;
(c) for cheeses combined with 5 kg, of which at least 20 pieces (2 kg) of one species, of hard cuts 1 piece (cuts of 5 kg or less) and of sliced cheese 1 carton;
(d) for brynza 1 galet, if more than one gallet is supplied, at least 50% of the gallet weighing 5 kg gross and for consumer-packed brynza 1 carton (weight about 5 kg);
(e) in the case of shapes, 1 original package (1 box);
(f) for frozen cream milk creams:
1. for retail supplies:
1 original package or 1 free cream cream container containing 8 l;
2. in wholesale deliveries:
the load of one mechanically frozen transporter;
(g) for liquid and powder rennet 5 kg, for tablet 100 tablets, for lye 1 kg, for phenolphthalein 1 kg, for liquid curd of butter and cheese 10 kg, for butter and cheese colour 10 kg, for cheese waxes 20 kg, for skewer mats 10 bm, for wood products for dairy plants as agreed;
2. for meat and meat products:
| RaJ + organizace spotřebního družstevnictví | |||
|---|---|---|---|
| a) | u masa výsekového | 15 kg | 10 kg |
| b) | u masných výrobků | v ČSR 10 kg | 5 kg |
| v SSR 15 kg | |||
| c) | u konzerv 1 kartón v originálním balení pouze v ČSR | 5 kg | |
| d) | u drobů | 5 kg | |
| e) | u škvařeného sádla pro organizace spotřebního družstevnictví | 15 kg | |
| 10 kg | |||
| f) | u vývaru a polévek | 25 l | |
| g) | u jedlé krve | 10 l | |
A single delivery shall be at least 15 kg of products for one delivery and one store together [points 2 (a) to (e)];
3. in the case of eggs, egg products, poultry, game and poultry preserved:
(a) for eggs 360 pieces (for RaJ and consumer cooperative organisation 180 pieces);
(b) in the case of greasy poultry, 1 original carton;
(c) in the case of water poultry, 1 original carton;
(d) in the case of poultry and game cans, 1 carton;
(e) for import products, 1 original carton;
(f) in the case of dried egg whites, 5 kg and 1 original carton on importation;
(g) for dried egg yolks and dried eggs, 1 bag of 15 kg;
(h) 50 kg for frozen egg products;
(ch) for technical egg yolks and egg whites, the minimum quantity in the contract shall be determined;
4. for bread and pastries:
(a) 20 kg of bread;
(b) 50 pieces for pastries;
(c) for matzo 65 kg (SSR only);
5. in the case of pastry products and ice cream:
(a) for pastry products 100 pieces on average weighing 40 g;
(b) for ice cream 10 l (for consumer cooperative organisations 5 l);
6. for beer and soft drinks:
(a) for beer of the barrel 5 hl (2 hl for consumer cooperative organisations);
(b) for beer, 10 bottles;
(c) for special beers in bottles of 5 cartons or crates;
(d) for soft drinks in bottles
1. for the content of bottles 0,33 l - 200 bottles (100 bottles for consumer cooperative organisations);
2. for a bottle content of 0,7 l - 120 bottles;
(e) for soft drinks in barrels 1 barrel (100 l) or 2 barrels (50 l each);
7. for freezer products:
(a) freezer products (vegetables, fruit, finished products, fruit foams, frozen creams, ice cream, fish and vegetable fats) and frozen fish from import - 1 carton;
(b) for vegetable fats for consumer cooperative organisations 5 kg;
8. for fish products:
15 kg of combined assortment, at least after one original package.
Příloha 2
Annex 2 to Decree No. 50 / 1977 Coll.
GUARANTEES
The guarantee period shall be as follows:
1. in the case of meat of cuts:
(a) if it is about internal partying, internal foreign odour caused by feeding, internal festering and jelly tumors, in the case of horse meat it is also black or foreign odour caused by the sex of the animal (boars, butchers, breeding goats) - 96 hours;
(b) raw fat and raw fat - 96 hours;
(c) packaged cut meat and packed raw lard - 24 hours;
(d) processed meat for cooking purposes - 24 hours;
2. in the case of offal:
the time limit up to the duration of the sales period in the store on the day of delivery; on the afternoon delivery by 10 a.m. on the next day;
3. for semi-finished products:
the range between the two closest delivery times but not more than 24 hours;
4. in the case of meat products, if there are defects resulting from non-compliance with the manufacturing process:
(a) cut goods, soft salami, special sausages, smoked meat raw and cooked - the range between the two closest deliveries in time, but not more than 80 hours;
(b) durable salami - the range between the two closest deliveries but not more than 96 hours;
(c) Hungarian salami and Chabadian sausage - the range between the two closest deliveries but within a maximum of 10 days;
(d) livers and lambs of all kinds, coals, chopped roasting of all kinds, baked hashes and other products belonging to the group of other meat products - period up to the sales time in the shop on the day of delivery, on the afternoon delivery by 10 a.m. the next day;
(e) other cooked products of the group of cooked products - the range between the two closest deliveries of time but not more than 76 hours;
(f) meat products vacuum-packed:
3 days from 1 April to 30 September,
5 days from 1.10 to 31.3;
5. in the case of cans for direct sale, the range between the two closest deliveries but not more than 7 months from the date of delivery (applicable only in the Czech Republic);
6. in the case of semi-preserved products - one month, unless the indication on the label of semi-preserved products provides for a different period;
7. in the case of rendered fat and fat, the range between the two closest deliveries in time but not more than 21 days;
8. for smoked bacon - 96 hours;
9: 00 for peasant greens - 80 hours.
1) Sections 162 to 164 of the Act.
1a) Paragraph 24 (7) of the Order of the Federal Price Office, the Czech Price Office and the Slovak Price Office No. 113 / 1985 Coll., on Prices.
2) Paragraph 4 (5) of the Decree of the State Planning Commission and the State Arbitration of the Czechoslovak Socialist Republic No. 48 / 1980 Coll., on the material balance and discussion of supply-customer relations in the planning process.
3) Paragraph 7 (6) of Decree No. 48 / 1980 Coll.
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Regulation Information
| Citation | Decree of the Federal Ministry of Agriculture and Nutrition No. 50 / 1977 Coll., which issues the basic conditions for the supply of food products to state and cooperative retail organisations and consumer organisations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.09.1977 |
|---|---|
| Effective from | 01.01.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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