(1) The monitoring and controls required in accordance with Regulation (EU) No 1151/2012 and the provisions issued for its implementation shall be incumbent on the agencies competent in accordance with Land law.
(2) In so far as is necessary for supervision and verification within the meaning of subsection (1), the commissioners of the competent agencies may with operations marketing or producing agricultural products or foodstuffs (section 3 (1) no. 1 of the Food and Feed Code [Lebensmittel- und Futtermittelgesetzbuch]) or transferring, importing or exporting them within the European Union, during opening or operating hours
1. enter business premises and land, sales facilities and means of transport and carry out inspections there;
2. take samples in return for a receipt; at the request of the party, a part of the sample or, if it is indivisible, a second sample shall be left behind officially closed and sealed;
3. inspect and examine business documents;
4. request information.
These powers shall also cover agricultural products or foodstuffs which are put on the market in public places, in particular in markets, places and streets or by peddling.
(3) The proprietors or managers of the establishments shall be obliged to permit entry to the business premises and land, sales facilities and means of transport as well as the inspections to be carried out there, to present the agricultural products or foodstuffs to be inspected themselves or through others such that the inspection can be carried out properly, to provide the necessary assistance in inspections themselves or through others, to have the samples taken, to submit and have examined the corporate documents, and to provide the information.
(4) If the supervision takes place on import or export, subsections (2) and (3) shall apply accordingly also to the party who transfers, imports or exports the agricultural products or foodstuffs for the proprietor of the establishment within the EU.
(5) The party obliged to provide information may refuse to provide the information with regard to those questions whose answering would expose him or a relative designated in section 383 (1) nos. 1 to 3 of the Code of Civil Procedure to the risk of criminal prosecution or of proceedings in accordance with the Act on Regulatory Offences.
(6) Cost-covering fees and expenses shall be charged for official acts which are to be carried out in accordance with Article 37 (1) of Regulation (EU) No 1151/2012 for the purposes of verification. The elements subject to a fee shall be determined by Land law.