Since 1 July 2024, a new version of the Consumer Goods Ordinance (Bedarfsgegenständeverordnung / BedGgstV) has been in force in Germany, which entails a notification obligation for food contact materials and articles.
Business operators who produce, handle or place on the market food contact materials and articles as finished products shall notify the competent authority for the respective establishment of this at the latest when commencing the activity in accordance with paragraph 2.
According to our partner IT Recht Kanzlei, the specific examples of affected products are as follows:
- Machines for the production of food
- Items for the preparation and treatment of food (e.g. meat grinder, coffee grinder, spice grinder, coffee and tea filters)
- Food packaging (cling film, paper bags, wrapping paper, jute bags, cardboard packaging, freezer boxes)
- Stands for eating and drinking (e.g. crockery, drinking glasses, cutlery, napkins)
The changes came into force on 1 July 2024. Since this date, the above-mentioned activities must be reported as soon as they begin. For activities that began before 1 July 2024, a notification deadline of 31 October 2024 applies. Since 1 July 2024, online sellers who sell food contact materials and articles should notify the competent authority in accordance with the relevant national law. Subsequent changes must also be reported. The notification is made to the competent regional authorities, which must be researched on a case-by-case basis.
This regulation does not apply to food business operators who produce, handle or place food contact materials and articles on the market if the business is already registered in accordance with Article 6(2) of Regulation (EC) No 852/2004 on the hygiene of foodstuffs, as last amended by Regulation (EU) 2021/382.
Violations of the obligation to notify can be sanctioned as administrative offences with fines of up to EUR 50,000 (Section 60 (5) No. 2 LFGB). In addition, the new Section 2a BedGgstV constitutes a market behaviour regulation within the meaning of Section 3a UWG, meaning that breaches of the duty of disclosure are also considered to be competition law infringements and can be subject to a warning notice with costs.
trade-e-bility offers you a sample template for the notification of activities in accordance with Section 2a BedGgstV, which you can request on +49/40/750687-300 or at beratung@trade-e-bility.de. Our consulting team will be happy to support you with solutions to ensure your sales success in the area of the Consumer Goods Ordinance (BedGgstV).
