Germany Food Safety Regulations for Food Businesses

Germany’s food law operates at two levels:

• Directly applicable EU legislation, including the General Food Law Regulation, food hygiene regulations, official controls rules, labelling rules and contaminant limits.
• German legislation, principally the Lebensmittel-, Bedarfsgegenstände- und Futtermittelgesetzbuch (LFGB) — the Food, Commodities and Feed Code — and national regulations that implement or supplement EU law.

The main EU acts relevant to food businesses in Germany include:

• Regulation (EC) No 178/2002 — General Food Law
• Regulation (EC) No 852/2004 — food hygiene
• Regulation (EC) No 853/2004 — specific hygiene rules for food of animal origin
• Regulation (EU) No 1169/2011 — food information to consumers
• Regulation (EU) 2017/625 — official controls
• Regulation (EC) No 2073/2005 — microbiological criteria
• Regulation (EU) 2023/915 — maximum levels for certain contaminants

Important German implementing rules include:

• Lebensmittelhygiene-Verordnung (LMHV) — national food hygiene rules
• Tierische Lebensmittel-Hygieneverordnung (Tier-LMHV) — national hygiene rules for certain foods of animal origin
• Lebensmittelinformations-Durchführungsverordnung (LMIDV) — national rules on food information
• Nahrungsergänzungsmittelverordnung (NemV) — rules on food supplements
• Bedarfsgegenständeverordnung (BedGgstV) — rules on food contact materials and other consumer articles

Where a German rule goes beyond EU law and is permitted by EU law, it applies in addition to the directly applicable EU requirements.

The main federal authorities are:

• Bundesministerium für Landwirtschaft, Ernährung und Heimat (BMLEH) — Federal Ministry of Agriculture, Food and Regional Identity. BMLEH is responsible for food safety policy and legislation at federal level.
• Bundesamt für Verbraucherschutz und Lebensmittelsicherheit (BVL) — Federal Office of Consumer Protection and Food Safety. BVL performs coordinating functions and acts as the German contact point for the EU Rapid Alert System for Food and Feed.
• Bundesinstitut für Risikobewertung (BfR) — Federal Institute for Risk Assessment. BfR provides scientific risk assessment and publishes opinions on food safety risks.
• Bundesanstalt für Landwirtschaft und Ernährung (BLE) — Federal Agency for Agriculture and Food. BLE handles certain agricultural market measures and import or export licences for some products.
• Zoll — German customs. Customs enforces import and export formalities and works with food control authorities where goods require official checks.

Enforcement of food law is primarily the responsibility of the Länder, Germany’s federal states, and their local authorities. The responsible local office may be called a Lebensmittelüberwachungsamt, Veterinäramt or another name depending on the locality. These authorities carry out inspections, take samples, verify hygiene and labelling, and may take enforcement action.

The exact authority responsible for a food business depends on the place of establishment and the type of activity.

Under EU and German law, food business operators are legally responsible for ensuring that their food meets food law requirements. The main duties include:

• Safety: Food must not be placed on the market if it is unsafe.
• Responsibility: The food business operator is responsible for compliance at all stages of production, processing and distribution under its control.
• Traceability: Food businesses must be able to identify their immediate suppliers and immediate customers, often referred to as “one step forward, one step back” traceability.
• Withdrawal and recall: If a food is found not to comply with food safety requirements, the operator must withdraw or recall it where necessary, and notify the competent authorities.
• Cooperation with authorities: Operators must cooperate with official inspectors, provide access to premises and records, and share relevant information.
• Own checks: Operators must carry out appropriate own checks to verify that food safety and legal requirements are met.

These duties come mainly from Regulation (EC) No 178/2002 and are supplemented by German requirements in the LFGB and national regulations.

Regulation (EC) No 852/2004 applies to all food business operators in Germany, with limited exceptions for primary production and certain domestic activities. It requires food businesses to comply with general hygiene rules, including premises, equipment, transport, waste handling, water supply, personal hygiene and training.

Businesses other than primary producers must put in place, implement and maintain a procedure based on HACCP principles. This includes:

• identifying hazards
• determining critical control points
• setting critical limits
• monitoring
• corrective actions
• verification
• documentation

The level of documentation should be proportionate to the size and nature of the business. Small retail and catering operations may use simplified HACCP procedures where national guidance allows this, but legal responsibility remains with the food business operator.

The German LMHV supplements the EU hygiene framework, including national requirements concerning specialist knowledge and training for people who handle perishable food, as well as requirements for specified primary-production activities.

For foods of animal origin, Regulation (EC) No 853/2004 and the German Tier-LMHV set additional structural and operational requirements. These apply to activities such as slaughterhouses, cutting plants, meat processing, dairy processing, fish processing, egg processing and certain other animal product operations.

Food business operators in Germany must generally notify each establishment to the competent authority for registration. The notification must be made in the manner required by that authority, and significant changes or closure must also be reported.

In addition, establishments that handle products of animal origin and are subject to Regulation (EC) No 853/2004 generally require approval by the competent authority. This includes many meat, dairy, fish and egg operations. Certain retail and direct-supply activities may be exempt from approval but still require registration.

The responsible authority is usually the local Lebensmittelüberwachungsamt or Veterinäramt for the area where the establishment is located. Where approval is required, the establishment must not begin the relevant activity until the competent authority has granted approval or conditional approval.

Food business operators should confirm with their local authority whether their specific activity requires registration, approval, or both.

Regulation (EU) No 1169/2011 sets the main EU rules on food information for prepacked and non-prepacked food. It requires:

• accurate food name
• list of ingredients
• allergen information
• quantity of certain ingredients
• net quantity
• date of minimum durability or use-by date
• storage conditions and conditions of use where appropriate
• name or business name and address of the responsible food business operator
• country of origin or place of provenance in certain cases
• instructions for use where needed
• nutrition declaration for most prepacked foods, subject to exemptions

Allergens listed in Annex II of the regulation must be emphasised in the ingredient list. For non-prepacked food, allergen information must be provided; the German LMIDV sets out national rules on how this may be done.

In Germany, mandatory food information must generally be provided in German. Additional national labelling requirements may apply under German rules such as the LMIDV or product-specific legislation.

Nutrition and health claims are regulated separately by Regulation (EC) No 1924/2006. Organic labelling is governed by Regulation (EU) 2018/848.

Food imported into Germany from outside the EU is subject to EU official controls under Regulation (EU) 2017/625.

For many products of animal origin, importers must:

• pre-notify the consignment in TRACES NT
• provide a Common Health Entry Document (CHED) where applicable
• present the goods at an approved EU Border Control Post
• provide the required health or veterinary certificates

Certain foods of non-animal origin are subject to increased or emergency official controls and may require prior notification, a CHED and documentary, identity or physical checks. Plants and plant products covered by plant-health rules may separately require a phytosanitary certificate. Some agricultural goods may require import licences issued by the BLE.

German customs will normally not release goods subject to official food or veterinary checks until the controls have been completed.

Importers are legally responsible for ensuring that imported food complies with EU and German food law. A foreign supplier’s certificate does not remove the importer’s responsibility.

For goods moving within the EU, border control post checks generally do not apply, but official controls may still take place at the destination.

Export requirements depend on the destination country and the product. Businesses should check the importing country’s requirements before consigning goods.

Official export certificates, health certificates and similar documents are issued only by competent authorities. In many cases the responsible authority is the local food inspection or veterinary office. Food businesses should apply early because certification may require prior inspection or documentation.

Private consultants, certification bodies and directory services cannot issue official export certificates or government approvals. A listing in a private directory is not official verification or approval.

Food businesses should check whether specific rules apply to their product or sector. Examples include:

• Contaminants: maximum levels under Regulation (EU) 2023/915
• Microbiological criteria: Regulation (EC) No 2073/2005
• Food additives, enzymes and flavourings: EU rules such as Regulation (EC) No 1333/2008
• Food contact materials: Regulation (EC) No 1935/2004, Regulation (EC) No 2023/2006 on good manufacturing practice, and the German BedGgstV
• Food supplements: the German NemV generally requires notification to the BVL before the product is first placed on the German market, unless an exemption applies
• Novel foods: Regulation (EU) 2015/2283 may require EU authorisation before placing on the market
• Organic products: Regulation (EU) 2018/848 and certification by a recognised control body

The requirements vary depending on the product, origin, destination, processing activity and business type.

• Identify which EU and German rules apply to the specific product and activity.
• Register or obtain approval from the local competent authority before starting operations where required.
• Implement hygiene procedures and proportionate HACCP-based own checks.
• Review labelling, allergen information and language requirements before placing food on the German market.
• For imports, check pre-notification, border control post, certificate and customs requirements early.
• For exports, confirm destination requirements and apply to the competent authority for official certificates.
• Treat voluntary certification schemes, such as private food safety standards, as separate from legal compliance. They may be required by customers but do not replace official controls or legal duties.
• Do not rely on private consultants or directory listings for official approvals, certification decisions or export health certificates.