Product certification, labelling and packaging
Product certification
German Institute of Standardisation
Standards developed by the German Institute of Standardization (Deutsches Institut für Normung – DIN) are similar in nature to those of the Australian equivalent, Standards Australia. DIN standards while widely accepted in Germany are not legally binding themselves. DIN coordinates its activities with, and represents Germany in international bodies of standardisation such as the European Committee for Standardization (CEN) and International Organization for Standardization (ISO). More information and specific standards are available from the DIN Institute through its online database: www.din.de/cmd?lang=en&level=tplhome&languageid=en
Most of the products that circulate in the Single European Market must be labeled with a CE-marking. CE means "Conformité Européenne". The mark indicates that the product complies with European safety standards.
Producers cannot afford to export products into the EU, that are governed by the respective EU directives and which do not bear the CE mark, as they may be held liable for damages resulting from failures of the products.
A new legal framework involving the modernisation of the approach for marketing of products was adopted by the European Council on 23rd June 2008. This broad package of measures has the objective of removing the remaining obstacles to free circulation of products by reinforcing the role and credibility of CE marking. The full framework can be accessed at: http://ec.europa.eu/enterprise/newapproach/index_en.htm
The process and costs associated with achieving CE certification vary greatly depending on the product in question. It is recommended that exporters seek expert advice in supporting this process. Initial contact with Austrade can help determine next steps.
Labelling and marking
EU harmonised regulations on product contents, labelling and advertising apply to all types of foodstuffs and beverages. Additives, colouring and artificial sweeteners are highly regulated. Many such ingredients are approved only for specific purposes and foods.
The field of food labelling is complex and specific guidance should be sought for any new product being considered for export to the EU or to Germany. A useful initial overview of EU requirements can be found on the Europa website.
German importers are required to inform foreign exporters of specific government marking and labelling requirements. As labelling must correspond with EU regulations it is recommended that this be clarified in each individual case.
No German federal government ministry directly provides food label registration. Exporters must rely on the private food laboratories for food label review. However, the Bundesinstitut für Risikobewertung (BfR) or Federal Institute for Risk Assessment is a public agency whose remit is to strengthen consumer health protection. BfR has 16 National Reference Laboratories (NRLs) in the fields of food safety and food hygiene. In the field of analytical-diagnostic methods the National Reference Laboratories play a link between the EU Community Reference Laboratories and the monitoring laboratories of the federal states involved in enforcement activities. The BfR can play a role in recommending how to obtain the necessary testing, approval and/or labelling compliance for your product. A useful initial overview of BfR services can be found at www.bfr.bund.de/cd/template/index_en
In addition, a range of commercial laboratories exist that provide this service.
In general, goods must be marked or labelled to show the:
- manufacturer's name
- content
- quantity in metric units
- country of origin
Multi-language labels are allowed as long as German is included.
Labelling on pre-packed foods must indicate in German the following:
- Common product name or trade name
- Ingredients and food additives in descending order of weight or volume at the time of use
- Uncoded minimum shelf-life date
- The net weight or volume in metric units
- Name and address of manufacturer, packer, importer or distributor within the EU
- Coded lot identification
The labelling must correspond with EU regulations and has to be clarified in each individual case.
Special labelling requirements may apply to food or beverage products which make additional claims:
- The Nutritive Value Labelling Law is voluntary but establishes certain conditions the exporter must fulfil if information on nutritive value is on the label.
- The Dietetic Food Law defines dietetic properties in foods, which must vary substantially from normal foods. It is recommended that exporters consult with a German food laboratory before making any dietary claims for their products.
- Foods that are vitamin-enriched require labelling in the list of ingredients or next to the trade name of the product that identifies type of vitamin and quantity per 100 grams of product. Vitamins A and D, as well as their derivatives, are restricted for use in certain food preparations and must be listed in the additive list. Also, vitamins added for technical purposes (eg. Vitamin C might be added for its antioxidant properties) must be listed as additives.
Pesticide Residue Laws
The German Pesticide Residue Law sets maximum tolerances for many pesticides in foods derived from both plants and animals. It establishes import tolerances for many pesticides not approved for use in Germany. Within the EU, pesticide tolerance levels for only a quarter of pesticide residues have been harmonised.
No irradiated foods are allowed in Germany, so cross them off your export list.
Novel food
In the EU and Germany, the term 'novel food' is applied to foods and food ingredients that have not hitherto been used for human consumption to a significant degree within the EU and are new to market (effectively not prior to 1997).
Novel Food regulations apply to the following categories of food and food ingredients:
- Containing or consisting of genetically modified organisms.
- Produced from, but not containing, genetically modified organisms.
- With a new or intentionally modified primary molecular structure.
- Consisting of or isolated from micro-organisms, fungi or algae.
- Consisting of or isolated from plants or isolated from animals; except having been obtained by traditional propagating or breeding practices and having a history of safe food use (in the EU).
- To which has been applied a production process that gives rise to significant changes in composition or structure or which affect the nutritional value, metabolism or level of undesirable substances in those foods or food ingredients.
Germany relies on the EU Novel Foods Regulation as the guide for approving foods in this category. A useful initial overview of EU requirements in this area isa vailable.
Packaging
The German Consumer Packaging Law identifies mandatory and non-mandatory standard container sizes for certain products. Most liquids must be sold in mandatory container sizes. Other products that are packaged in non-mandatory but privileged standard container sizes do not require price-per-unit information. If a product is not sold in the privileged size container, the box must show a per unit price.
If a package contains less than 250gm or 250ml, a unit price must be shown for the 100gm or 100ml unit.
‘Green Dot’ a must for packaging
Germany’s increasing waste disposal problems led to a cooperative effort for the collection and recycling of packaging materials. The Duales System Deutschland (DSD) oversees recycling and disposal in Germany. It authorises use of the green dot symbol on packaging for products sold in Germany, which means the packaging has met certain requirements that make its disposal easier.
The symbol is not legally required, but marketing a product without it is almost impossible. The importer pays a license fee (amount depends on type and amount of packaging) to the DSD for use of the green dot.
Goods should be securely packed, having due regard to the nature of the goods, means of transport and likely climatic conditions during transit and delivery. Outer containers should bear the consignee's mark and port mark and be numbered (to accord with packing list) unless the contents can be otherwise readily identified.
Many countries, particularly the members of the European Union (EU), have passed packaging and recycling laws in the past 10 years. These laws are meant to make packaging materials environmentally friendly. US exporters need to ensure that their packaging materials are compliant with their importer’s domestic regulations.
German packaging regulations require suppliers of goods to arrange for the retrieval and recycling of transport and sales packaging. An environmental mark, eg. the 'Green Spot' (der grune punkt) informs the consumer that the packaging can be recycled.
Exporters to the Federal Republic of Germany should contact Duales System Deutschland, Cologne regarding this measure:
Corporate Communications and Marketing
Duales System
51170 Cologne (Germany)
Tel: +49 2203 937 260/261
Fax: +49 2203 937 191
Special certificates
Fresh carcass meat, offal and livestock require sanitary certificates issued by the approved authority in the country of origin. In Australia this is usually the Australian Quarantine and Inspection Service (AQIS) and the Department of Agriculture, Fisheries and Forestry-Australia (AFFA), or the relevant state department of agriculture.
Fruit and plants require phytosanitary certificates issued by the approved authority in the country of origin.
A certificate of age, authenticated by an approved authority in the country of origin, may be required for alcoholic beverages.
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