Mandatory notification for FCM in Germany
German BedGgstV new business registration for food contact materials
Bedarfsgegenständeverordnung (BedGgstV)
The German Consumer Goods Ordinance (BedGgstV) specifies which materials are permitted for consumer goods.
The 22nd amendment to BedGgstV introduces a new requirement (§ 2a Anzeige) regarding mandatory notification for businesses that bring food contact materials and articles to the German market. This obligation was already in place for food business operators and now also for sellers of food contact materials.
The main goal of the mandatory notification is to minimise risks associated to the production and sale of food-related products. This measure is intended to increase consumer safety and ensure greater transparency and traceability in the market for food contact materials and articles. Withdrawing and recalling non-compliant articles should become easier with enhanced traceability.
The ongoing evaluation of the European regulation on food contact materials (EC) 1935/2004 also recommends improving traceability through mandatory registration of companies. Several EU Member States already have similar obligations in place, in anticipation of new regulations.
The updated Ordinance enters into force on 1 July 2024 but companies that are already selling food contacts materials have until 31 October 2024 to notify the relevant authority. Food business operators already authorised in accordance with Regulation (EC) 852/2004 are excluded from this additional obligation.
Failing to adhere with the mandatory notification can result in fines of up to 50,000 €.
Notification details
BedGgstV requires economic operators who manufacture, trade, or market food contact materials as finished products to notify the competent authority responsible for the area (Bundesland) concerned no later than the start of their activity. Companies with operations in multiple federal states or Bundesländer, must notify all related authorities.
A list of the responsible ministries for each federal state can be accessed here.
The mandatory notification comprises company information, facility information, type of activities and the group of material articles according to Annex I of Regulation (EC) 1935/2004. The new requirement does not require a detailed breakdown of individual products. However, any significant changes in business operations, such as discontinuing products or introducing new materials, must be reported within six months.
Certain regional chambers of industry and commerce (Industrie- und Handelskammer), such as IHK Schwaben, guide their members on where and how to register with the appropriate authority. It is worthwhile to visit the regional IHK website for more information.
