Mandatory notification for FCM in Germany
German BedGgstV new business registration for food contact
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
The BedGgstV requires economic operators who manufacture, trade, or market food contact materials as finished products to notify the veterinary and food inspection authorities. These authorities are located within the districts (Landkreise) and cities (Kreisfreie Städte) and are responsible for receiving notifications in accordance with BedGgstV § 2a Anzeige. The notification must be submitted no later than the start of their activity.
Each facility must be registered individually, and different authorities must be notified if the facilities are located in different districts or cities. This is because the veterinary and food inspection authorities in each district or city are the designated enforcement bodies responsible for overseeing compliance with the notification requirements under §2a of the BedGgstV. As such, businesses are required to notify the appropriate local authority for each facility to ensure that the correct enforcement body is aware of and can monitor compliance within their jurisdiction.
A list of the responsible ministries for each federal state is available as resource in the relevant technical files in ProductIP.
The notification form is available online for certain federal states. Once completed, it can be submitted via email or by post to the relevant veterinary and food inspection authorities responsible for your facilities' locations. In some federal states, such as Hesse, Mecklenburg-Vorpommern, Schleswig-Holstein, and Thuringia, where specific information or forms are not available online, you can submit the required details informally according to BedGgstV §2a and send it to the appropriate authority. In cases where the availability of a notification form is unclear, you may need to contact the veterinary and food inspection authorities in your district or city to confirm whether a corresponding form is available.
Jurisdiction depends on where a business is registered. If a company is registered in Germany, the local district's competent authority is in charge. If the company is registered, for example, in Spain, then the Spanish authorities are responsible. However, if a Spanish company has a warehouse or branch in Germany, it must also be registered with the local authority in Germany. If the German retailers are not part of the Spanish company, then the German retailers are responsible for registering their FCM business with the local district's competent authority.
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.
