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

This page is the hub for Germany'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

Germany is a federal State. In the food sector the Federation (Bund) sets much of the legal framework and provides coordination, while enforcement — official controls, inspections, handling of notifications — falls to the Länder and, on the ground, to the local food-control authorities (Lebensmittelüberwachung). At federal level the BVL (Federal Office of Consumer Protection and Food Safety) and the BMEL (the ministry responsible for food and agriculture) operate. National implementation does not rewrite the directly applicable European regulation but supplements it: the central rules are the Lebensmittelhygiene-Verordnung (LMHV) and the Tier-LMHV, while the penalty framework sits in the LFGB (Lebensmittel- und Futtermittelgesetzbuch). In our view this is what most often confuses newcomers: the European rule is single, but the actual counterpart and the paperwork depend on the Land with territorial competence.

Registration: notification to the Land control authority

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 Germany this obligation is discharged by notifying the activity to the territorially competent food-control authority (Lebensmittelüberwachung), in the manner laid down by the Land. Registration must be kept distinct from approval (Zulassung): registration is the general notification required by Article 6, while approval concerns establishments handling products of animal origin under Reg. (EC) 853/2004 Article 4 of Regulation (EC) No 853/2004. The difference is explained in the concept registration vs approval.

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 Germany, in addition to the food-hygiene training required by the regulation, handlers of certain foods must receive an instruction (Belehrung) from the Gesundheitsamt under §43 of the Infektionsschutzgesetz (IfSG), before starting the activity and then periodically. The operational picture is covered in HACCP training in Germany.

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 Germany enforcement falls to the authorities of the Länder and to municipalities; the BVL provides federal coordination and relations with the Union, and the BMEL is the responsible ministry. For a comparison with a concurrent-competence health model, see the Italy page.