The Federal Office for Food Safety was established by the Health and Food Safety Act - GESG (Federal Law Gazette I No. 63/2002 as amended). It is assigned to Agentur für Gesundheit und Ernährungssicherheit GmbH (AGES) and, in accordance with § 6 (5) GESG, must make use of the funds available to AGES for the execution of sovereign tasks.
Josefine Sinkovits (Deputy Director)
Monitoring and control department
DI Dr. Thomas Kickinger
Department Legal Services, Admission & Certification, Communication
Josefine Sinkovits, Mag.
In addition to the Director and his deputy in the operational area, BAES consists of the two departments "Supervision and Control" and "Legal Service, Licensing, Certification and Communication". The respective technical responsibilities can be found in the rules of procedure and the division of business.
Pursuant to § 6 Para. 1 GESG, BAES is responsible for the implementation of the following material laws in their respective valid version, together with the relevant national legal provisions and European legal requirements:
- Z 1: Seed Act 1997 as amended
- Z 2: Planting Material Act 1997 as amended
- Z 3: Plant Variety Protection Act 2001 as amended
- Z 4: Plant Protection Products Act 2011 as amended
- Z 5: Plant Protection Act 2011 as amended
- Z 6: Feedstuffs Act 1999 as amended
- Z 7: Fertilizer Act 1994 as amended
- Z 8: Marketing Standards Act as amended
- No. 9: Monitoring of testing laboratories in accordance with § 52 of the Chemicals Act 1996.
Pursuant to § 6 (3) GESG, BAES must apply the administrative procedure laws (in particular the AVG, VStG, EGVG and VVG) as amended when performing its duties as an authority.
BAES is a subordinate agency of the Federal Ministry of Agriculture, Forestry, Environment and Water Management pursuant to Section 6 (2) GESG. In order to carry out the sovereign tasks listed in § 6 para. 1 GESG, BAES must also make use of the resources available to the Agentur für Gesundheit und Ernährungssicherheit GmbH (hereinafter referred to as AGES), employ technically competent control bodies and issue them with an appropriate identity document for this purpose. BAES is required to pay a fee in accordance with a tariff (§ 57 AVG), which BAES is required to set at a cost-covering level with the approval of the Federal Minister of Agriculture, Forestry, Environment and Water Management and the Federal Minister of Finance, for the activities of BAES in connection with the execution of the sovereign tasks listed above. In administrative criminal proceedings, the offender's knowledge of the offence must be accompanied by an administrative penalty and fees must be imposed; these fees must be paid directly to the Federal Office for Food Safety. Pursuant to § 6 (7) GESG, BAES must publish official notices and make them available to the relevant public in an appropriate form. In the "Amtliche Nachrichten des Bundesamtes für Ernährungssicherheit" the following shall be published in particular: 1. announcements on the basis of the abovementioned federal laws, 2. the tariff Experts of the Commission and of the Federal Minister for Agriculture and Forestry, Environment and Water Management may accompany the inspection bodies in carrying out activities within the framework of the abovementioned federal laws.