Tariffs, regulations and customs
Food safety
The legal framework on food safety was established by the European Union. The European Food Safety Authority plays a key role in the risk assessment of food. Many developments of the previous years were aimed to increase transparency and consumer confidence, by providing better information on food ingredients. Traceability of food products is also of utmost importance. For example, the country of origin must always be listed on food labels and all intermediaries (suppliers, distributors, etc.) that joined the food chain must be included as well. Companies trading food of animal origin from one country of the EU to another need a special permit that is issued by the Federal Agency for Agriculture and Food (BLE).
Novel foods
Novel food imports in Germany must undergo a safety assessment before being brought into circulation. Importers of novel foods must apply for a license to sell these products at the Federal Office for Consumer Protection and Food Safety (BVL). As the responsible federal authority, the BVL will perform the necessary testing and send the results to the European Commission and the Member States for final approval. Detailed guidelines for the import of novel foods can be found at the Federal Institute for Risk Assessment (BfR).
Label requirements for Germany
A. General requirements
All imported food products must comply with the German Food Law. If any indication required under the German Labelling Regulation is missing, goods can be prevented from being sold. All foods must be labelled in German. Multi-language labels are allowed. Labelling can also include illustrations. It is forbidden to show ingredients on the label that are not contained in the product, eg. illustrations of fruits if only artificial flavours are used or a multi-fruit juice may only show pictures of those fruits contained in the product. There are numerous other special labelling requirements pertaining to specific foods or food groups. Since many other requirements are applicable, such as the actual size of letters and placing of the various elements on the label and picture shown, Australian manufacturers and exporters are urged to contact their potential German importer before making changes in labels on products labelled for distribution in Germany.
Some importers may agree to adhering computer generated, adhesive labels in Germany for smaller quantities during a test-marketing phase.
All food and beverage products imported into Germany for retail sale must be labelled in German and provide the following information as laid down in the Lebensmittel-Kennzeichnungs-Verordnung (LMKV - Food Labelling Ordinance of Dec. 1999):
- Name of the product as commonly used in the trade
This may be the name prescribed by law or a name customary in the area where the food is sold or a precise name to be distinguished from products with which it could be confused. The name may be a name or a description. Trade, brand or fantasy names are permitted but may not be substituted for the name of the food. The product name, the statement of quantity and the indication of minimum shelf life (or a reference to it) must all appear in the same field of vision.
- List of ingredients and food additives
The list of ingredients should start with the word ‘Zutaten’. Ingredients should be listed in descending order of weight as used at the time of preparation. Ingredients used in concentrated or dehydrated form and which reconstitute during preparation of the food may be listed as if reconstituted. Certain ingredients may be designated by the name of their category group rather than the specific name. These include refined vegetable oils excluding olive oil, refined fats, flour blends, starch, fish, cheese, spices, herbs, gum bases, crumbs, sugar, dextrose, glucose syrup, milk protein, cocoa butter, crystallized fruit, vegetables and wine. The sequence listing for colouring agents is free.
- Quantitative ingredient declaration (QUID)
If in a label, special emphasis is placed on the presence of an ingredient, the minimum amount as a per cent must be declared either next to the name of the food or near the name of the ingredient in the ingredient list
- Alcohol content
Alcoholic beverages containing more than 1.2 per cent alcohol measured at 20 degree Celsius, need to be shown as ‘Alkohol (or alc.) ... per cent vol’
- Uncoded minimum shelf-life date (interpreted as the date until which the product maintains its maximum level of quality under proper storage conditions). The words to be used are ‘Mindestens haltbar bis ...’ Determination of the minimum shelf-life lies entirely in the hands of the manufacturer or importer.
Declaration of minimum shelf-life is not necessary for fresh fruits and vegetables, alcoholic beverages of more than alc. 10 per cent, portioned ice cream, table salt, crystal sugar, flavoured and/or coloured sugar candies, chewing gum, wine-like beverages.
If the product for microbiological reasons may cause a health threat after a certain storage period, it has to carry an uncoded latest consumption date using the words ‘verbrauchen bis ...’
- Storage conditions
Any special storage conditions or conditions of use should be stated. Instructions for use should be given as necessary.
- Metric units for all measurements
Net quantity of pre-packaged foodstuffs expressed in metric units (litre, centilitre, millilitre, kilogram or gram)
- Name and address of manufacturer, packer or importer in Germany/EU
- Coded lot identification
A coded lot identification is needed for all products which do not show a minimum shelf-life containing day and month identification. The marking shall be preceded by the letter ‘L’ except in cases where it is clearly distinguishable from other indications on the label.
- Bar codes
Germany uses the European Article Number (EAN) also referred to as International Article Number (IAN) system with 13 digits.
B. Health/medical claims
Health claims
Medical claims or images attributing to a foodstuff the property of preventing, treating or curing human diseases are explicitly prohibited in the German/EU labelling directive. This rule does not apply to dietetic foods.
Dietetic foods ordinance
The German Dietetic Food Law defines the properties foods must have in order for the manufacturer to label them as dietetic. It requires that foods and beverages labelled as dietetic must differ substantially from other regular foods. A simple listing of the nutrient content, bread units, and/or caloric value on the label is not sufficient to allow the use of the term ‘dietetic’. Health-related statements are strictly limited. Examples for such statements are:
- Diaetetisches Lebensmittel geeignet zur Behandlung von ...
(Dietetic food suited to cure ...)
- Diaetetisches Lebensmittel geeignet zur Behandlung von ... nur unter staendiger aerztlicher Kontrolle verwenden.
(Dietetic food suited to cure ... only use if under continuous medical supervision)
- zur besonderen Ernaehrung bei ... im Rahmen eines Diaetplanes
(special diet for ... if part of a diet plan)
It is strongly recommended that exporters consult with a German food laboratory before making any dietary claims for products to be marketed in Germany.
Nutritional value labelling ordinance
Nutritional value labelling is not mandatory in Germany and other EU countries unless a nutrition claim is made on the label or in advertising messages. The EU Nutritional Value Labelling Directive 90/496/EEC establishes rules for the separate labelling of the caloric and nutritional values of foods. Though not mandatory for all foods, it establishes certain conditions, which must be fulfilled if the industry wishes to provide information that either emphasise a particularly low caloric content or a particularly high nutritional value of a certain food. Where nutritional labelling is provided, the information to be given should consist of either of the following orders:
- the energy value, plus the amount of protein, carbohydrates and fat or
- the energy value, plus the amount of protein, carbohydrates, sugar, fat, saturates,fibre and sodium
The energy value and the proportion of nutrients must be declared in specific units per 100 grams or 100 millilitres. Information on vitamins and minerals must be expressed as a percentage of the recommended daily allowance.
The information on the label must be presented in tabular form with the numbers aligned or if space does not permit, in linear form in a language easily understood by the purchaser.
Green Dot
An important issue is the inclusion of the ‘Green Dot’ (Gruener Punkt) symbol on all packaged products traded in the EU. The symbol stands for a producer’s participation in the waste recycling scheme.
The importer/agent usually applies for certification and license fees are charged according to composition and mass of packaging. Proceeds from the fees go towards waste recycling management.
Once granted, the symbol needs to be affixed on the label/packaging of the product.
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