Act No. 68 / 2000 Coll.
Act amending Act No. 97 / 1996 Coll., on the Protection of Hops
Valid
Law
Effective from 01.05.2000
Text versions:
01.05.2000
29.03.2000
68
THE LAW
of 25 February 2000
amending Act No. 97 / 1996 Coll., on the Protection of Hops
Parliament has decided on this law of the Czech Republic:
Act No. 97 / 1996 Coll., on the protection of hops, is amended as follows:
1.
This law provides for the protection of hops and hop seed by laying down hop areas and hop positions and laying down the conditions for ensuring the authenticity, quality and health of hops and hop products and to avoid falsification in their modifications. It also provides for State supervision of compliance with obligations under this Act. '
2. in Article 2, points (a) and (b), including footnotes 1) and 2) read:
"(a) hop of the fertility of female hop plants (Humulus lupulus L.),
(b) an entrepreneur with a hops entrepreneur (1) growing hop seed and hop plants or treating hops and adjusting or producing hop products or importing or putting into circulation (2) hop seed or hop products.
1) § 2 (2) of Act No. 513 / 1991 Coll., Commercial Code.
2) § 2 (n) of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws. '
3. in § 2 (d) to (h):
"(d) unprepared hops first dried and first packed,
(e) prepared hops which have undergone final drying and final packaging,
(f) hop lots the number of hops or hop products having the same characteristics and submitted for identification or verification by one entrepreneur;
(g) the indication of the particulars laid down by this law on the packaging of hops and accompanied by the relevant document;
(h) by verifying the indication of the origin of hops provided for by this Act on the packaging, including the issue of a certificate containing also the weight data to be carried out by the Central Audit and Examination Institute of the Agricultural Institute (hereinafter referred to as the Institute); ';
4. In Article 2 (i), at the end of the dot, the following points (j) to (u) are added:
"(j) isomerisation by physically chemical treatment increasing the solubility of bitter substances in hop products;
(k) hop products hop powder with higher lupulin content, hop extract, isomerised hop powder, isomerised hop extract, new isomerised product and mixed hop product,
(l) hop powder means a product obtained by milling hops containing all natural parts which has been mechanically modified to form granules,
(m) hop powder with a higher lupulin content of the product obtained by milling hops from which parts of the cover leaves, leaves and stalks have been mechanically separated,
(n) hop extract concentrated product obtained by the action of the solvent on hops or hop powder,
(o) a mixed hop product product resulting from the mixing of two or more hop products referred to in points (l), (m) and (n);
(p) isomerised hop powder hop powder in which alpha acids have been almost completely isomerized;
(r) a new isomerised hop product in which alpha acids have been almost completely isomerised and where the other ingredients of the product have been modified against the original raw material or where they have been deliberately excluded from the final product;
(s) seal or seal the packaging by sealing or sealing it in the presence of a member of the staff of the Institute by opening it to breach the seal or seal;
(t) the closed circuit of the operation is the process of treating or processing hops under the supervision of the staff member of the Institute ensuring that hops or hop products cannot be added or removed during that process. The closed circuit shall start by opening a sealed or sealed package containing hops or hop products and end by sealing or sealing the packaging containing hops or hop products,
(u) the place of production of the hop area and the hop position. ';
5. In Article 4 (1), the words "in hop regions' shall be deleted after the words" All hops'.
6. Article 5 shall be deleted;
7. Paragraph 6 (1) reads as follows:
"(1) The Institute shall label each container with hops with the name of the State, the year of harvest, the name of the hop area and, where appropriate, the location, the cadastral territory, the number of the packaging and the name of the variety and shall seal it with seals. After the marking and weighing has been carried out, the document shall be drawn up by individual hop entrepreneurs and cadastral territories containing information on the number of hops packaging and the weight found. The identification document shall be accompanied by a lot of hops for the duration of further processing or mixing until the certificate is issued. The particulars of the document shall be laid down in the implementing legislation. ';
8. Article 7, including the title and footnote 6, reads:
Verification
(1) The Institute shall verify only designated hops which comply with the requirements laid down in the implementing regulation and hop products made from certified hops.
(2) Verification not subject to:
(a) hops harvested from hops on a parcel owned by a brewery and used by that brewery in its original or processed state, hop products from that brewery,
(b) hops, hop powder with higher acidity, mixed hop product up to 1 kg and hop extract up to 300 g for sale to the consumer (6) for its own consumption;
(c) isomerised hop extract;
(d) isomerised hop powder;
(e) a new isomerised hop product.
(3) The brewery is obliged to notify the Institute of the harvested quantity, variety and place of production of hops by 1 November of the year of harvest at the latest. The hop operator shall report the production of the individual hop products referred to in paragraph 2 (c), (d) and (e) of the Institute by 31 December of the year of manufacture.
(4) The verification shall be carried out by the Institute as soon as the hop operator is asked to do so.
(5) The verification shall be completed by specifying on each packaging the hops or hop product and issuing a certificate accompanying the hops or hop product.
(6) The certificate shall contain:
(a) in the case of hops, an indication as to whether the hops are prepared or not, the number of the certificate, the country of origin, the place of production, the trade name of the hop operator, the year of harvest, the variety, the net or gross weight, the identification numbers of the packages and the date of issue of the certificate;
(b) in the case of hop products, the product indication, the number of the certificate, the country of origin, the place of production, the trade name of the hop operator, the year of harvest, the variety, the net or gross weight, the identification number of the packages, the place and date of processing and the date of issue of the certificate,
(c) in the case of mixed hops and mixed hop products, details of the varieties used, the places of production and the year of harvest, the percentage by weight of each component used and the number of attestations of the hops or hop product used.
(7) The packaging containing hops or hop products must contain:
(a) in the case of hops, an indication as to whether the hops are treated or not, the identification number of the packaging, the country of origin of the hops, the place of production, the commercial name of the holder of the hop product, the year of harvest and the variety of hops;
(b) in the case of hop products, the indication of the product, the identification number of the packaging, the country of origin, the place of production, the commercial name of the holder of the hop product, the year of harvest, the variety, the place and date of processing.
(8) If the hops or hop products have been checked for changing, this hops or hop product must be re-verified.
6) Act No. 634 / 1992 Coll., on Consumer Protection, as amended. '.
9.
Cultivation, modification and putting into circulation of hops and hop products
(1) The hop entrepreneur is obliged
(a) grow individual varieties of hops separately,
(b) harvest, store and pack unmarked hops by variety and cadastral territory;
(c) to register hops for labelling no later than 30 November of the year of harvest;
(d) to register hops for verification no later than 31 March of the year following the harvest; if for serious reasons it is unable to meet the deadline, that period may be extended by the Institute no later than 30 June of the year following the harvest,
(e) to pack hops and hop products only in such packages as to ensure its protection against harmful effects from the external environment;
(f) ensure that individual varieties of hops are stored separately,
(g) in the course of the adjustment of hops, only the designated or certified hops of the same year of harvest, the same variety, the same place of production and only in the presence of the staff of the Institute, to which they shall submit a recipe for mixing and certification, with the exception of hops referred to in Article 7 (2) (a) and (b);
(h) in the manufacture of hop products, only mix marked or certified hops originating in the Czech Republic and certified hop products prepared from such hops originating in the same year of harvest, only in the presence of a staff member of the Institute, to which he shall submit a recipe for mixing and certification, with the exception of hop products referred to in § 7 (2);
(i) keep records of processed hops; the particulars of the registration shall be laid down in the implementing regulation.
(2) The mixing of hops referred to in paragraph 1 (g) and the production of hop products referred to in paragraph 1 (h) must take place within a closed circle. "
10. The heading "Export 'is inserted under Section 9 and in Section 9 (1):
"(1) Only certified hops and certified hop products may be exported by a hop operator. '
11. § 9a, including the title:
Imports
(1) Imports of hops and hop products may be made only if they have been verified and comply with the requirements laid down in the implementing Regulation in the country of origin. This does not apply to imports of isomerised hop extract, isomerised hop powder and new isomerised hop product.
(2) On importation of hops and hop products, the hop operator shall submit to the customs authority a certificate issued by the competent authority of the country of origin stating that the imported hops comply with the requirements laid down in the implementing regulation. This does not apply to imports of isomerised hop extract, isomerised hop powder and new isomerised hop product.
(3) A hop operator who has imported hops or hop products shall notify the Institute within 15 days of their release for free circulation in the country. The details of the subject matter of the import which must be included in the notification shall be laid down in the implementing act. ';
12. in Article 10 (2) and (3):
"(2) The Institute shall supervise compliance with the obligations set out in Sections 4, 8 (1) (a) to (e), 8 (1) (g), (h) and (i), 8 (2), 9 and 9a.
(3) The inspection shall supervise compliance with the obligation laid down in Article 8 (1) (f). ';
13. in Article 12 (1) (b):
"(b) infringes the obligations laid down in § 4, § 8 (1) (a), (b), (e) and (i) or § 9a, fine up to CZK 100,000,"
14. in § 12 (1) (c), the words "referred to in § 8" are replaced by the words "provided for in § 8 (1)."
15. in Article 12 (1) (d):
"(d) infringes the obligations laid down in § 8 (1) (g) or (h), fine up to CZK 500,000."
16. in Article 12 (2) (b):
"(b) infringes the obligation laid down in § 8 (1) (f), fine up to CZK 100,000."
17. in Article 13, the words "under Sections 5, 6 and 7 of this Act" shall be replaced by "on labelling and verification."
18. in Paragraph 14 (c):
"(c) details of labelling and verification,"
19. in Paragraph 14 (f), at the end of the dot, the following points (g) and (h) are added:
"(g) details of the subject matter of the import,
(h) particulars of the records of processed hops. ';
This Act shall take effect on 1 May 2000.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 68 / 2000 Coll., amending Act No. 97 / 1996 Coll., on the Protection of Hops |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.2000 |
|---|---|
| Effective from | 01.05.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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