Food hygiene in Austria: implementing Reg. (EC) 852/2004

This page is the hub for Austria's implementation of Reg. (EC) 852/2004. It gives the overall picture and links to the detail pages and the other jurisdictions covered in the countries pillar.

The division of powers: federation and Länder

Austria is a federal State. Food safety is an area where the legislation is essentially federal — the cornerstone is the Lebensmittelsicherheits- und Verbraucherschutzgesetz (LMSVG), the framework act that implements the Hygiene Package in Austrian law — while enforcement falls to the authorities of the Länder and, on the ground, to the district authorities (Bezirksverwaltungsbehörden). At federal level, the BMSGPK (the ministry responsible for health and consumer protection) and AGES (the Austrian Agency for Health and Food Safety), which handles risk assessment and technical-scientific support, both operate. In our view this is what most often confuses newcomers: the European rule is single and the national law is federal, but the actual counterpart and the paperwork depend on the district authority with territorial competence.

Registration: notification of the establishment

Reg. 852/2004 requires every food business operator to notify each establishment to the competent authority for registration Article 6(2) of Regulation (EC) No 852/2004. In Austria this obligation takes the form of a notification of the establishment to the territorially competent authority, which enters it for the purposes of official control: the European basis is Article 6 of the regulation. Registration is the ordinary route; distinct is approval (Zulassung), required for establishments handling products of animal origin under Reg. (EC) 853/2004 Article 4 of Regulation (EC) No 853/2004. The difference between the two is explained in the concept registration vs approval. For the variable deadlines, thresholds and forms, the reference must be the competent authority and the official portals: we do not anticipate details here that may change.

Self-checking and training

Every food business must put in place self-checking procedures based on HACCP principles Article 5(1) of Regulation (EC) No 852/2004 and ensure the training of staff who handle food Annex II, Chapter XII, point 1 of Regulation (EC) No 852/2004. In Austria there is no HACCP certificate with guaranteed EU-wide validity: training is an operator obligation whose detail is left to the national and Länder levels. The operational picture is covered in HACCP training in Austria.

Official controls and competent authorities

Official controls are organised under Reg. (EU) 2017/625 Article 4 of Regulation (EU) 2017/625, which repealed the earlier Reg. (EC) 854/2004 and 882/2004. In Austria enforcement falls to the authorities of the Länder and to the district authorities (Bezirksverwaltungsbehörden); at federal level the BMSGPK steers and coordinates, while AGES provides risk assessment. For a comparison with other federal or regional models, see the Germany page and the Italy page, or the country comparison tool.