-
Alemania
Germany – New Packaging Act
27 diciembre 2018
- Contratos de distribución
- Derecho Agroalimentario
On 1 January, the new Packaging Act (“Verpackungsgesetz”) will replace the existing Packaging Ordinance (“Verpackungsverordnung”). Non-compliance with the new rules may have very unpleasant consequences.
For those who sell packaged goods to end consumers in Germany it is high noon: they have to adapt to the new packaging law, which comes into force on January 1, 2019.
The main objective of the new law is that in the future all concerned parties will have to take responsibility and bear the costs of disposing their packaging. The legislator also wants to achieve the increase of the recycling rate of paper, plastic, metal or glass packaging, and to use as many readily recyclable materials as possible. Therefore, the fee that producers or distributors must pay for disposal will in future not only depend on the quantity and material type, but also more on the recyclability of the packaging.
Who is affected by this law?
Manufacturers, online dealers and distributors of packaged goods of all kinds.
Affected are all so-called initial distributors of packaging, which typically end up at the private end consumer. These can be manufacturers, online dealers and distributors of packaged goods of all kinds, whether food, electrical appliances or furniture.
All of them, if they place packaging on the market for the first time, must register with one of the dual systems already today and, depending on the quantity and material of the packaging waste, pay a participation fee to the German take-back system.
It is new from next year on that they additionally have to register with the Central Agency Packaging Register and specify the amount of waste.
This information will be publicly available. By doing so, the legislator wants to create transparency and ensure that all those who place «packaging» on the market fulfill their obligations.
Also new is that the fees, which so far have been simply calculated according to quantity and type of material, should in future also depend on how well a material can be recycled.
For example: Cardboard boxes, which usually consist of two-thirds of waste paper, are easily recyclable, as are aluminium cans, which can be reused to 100 percent. By contrast, the notorious coffee-to-go cups are not recyclable because they consist of a quasi-inseparable composite material.
How exactly the gradations will look is not yet certain, as the dual systems still work on the implementation.
Further innovations for beverage manufacturers and distributors
The law contains several other changes that are particularly important for beverage manufacturers and distributors. The compulsory deposit for disposable containers will be extended to include a few types of beverages that were previously exempted, such as carbonated fruit and vegetable nectars. A new duty has been introduced for retailers, who must point out «with clearly visible signs» on disposable and reusable beverage packaging.As from 1st of January 2019 companies must also file the so-called Declaration of Compliance (“Vollstaendigkeitserklaerung”) with the Central Agency Packaging Register and not anymore with the respective local Chamber of Industry and Commerce.
What is the Declaration of Compliance?
A Declaration of Compliance is a verification concerning the volumes of sales packaging placed into the market by a manufacturer / distributor within one calendar year.
The filing of the Declaration of Compliance, however, only affects larger manufacturers, since the de minimis limits are set quite high in this respect. For paper, cardboard or carton it is about 80 tons per year.
Pre-registration is already possible as from September 2018. It is important to note, however, that every company involved in the system must perform the registration and data reporting «personally», meaning that this process may not be transferred to third parties.
The respective database run by the Central Agency Packaging Register is called LUCID. Manufacturers, online dealers or initial distributors who preregister with LUCID will receive a provisional registration number, which will be sent to the Dual system with which they can sign a contract. There are currently nine companies offering this. Manufacturers who preregister in 2018 will automatically receive a registration confirmation from the Central Agency Packaging Register at the beginning of 2019. The registration including the indication of quantities is free and can be done online.
The Central Agency Packaging Register is also responsible to monitor compliance with the regulations. However, at the end of the day, everyone can check the respective compliance as LUCID is a transparent register and open to everyone to search the register for specific manufacturers and brands.
The law explains why this can have quite unpleasant consequences:
In case the registration is omitted, there is automatically a ban on distribution of the packaging and there is a threat of fines to be imposed which may range up to 100.000 €! Due to the publicity of the register, agents not complying with the law may have to expect that their goods will be discontinued in the German trade.
Still unclear issues
The definition of packaging covered by this law is not quite clear. Transport packaging such as that used by a manufacturer for delivery to the dealer and disposed of there, for example, is not affected by the obligation to participate at the system and the new registration obligation. This packaging does not end up at the private end consumer. But what about wine boxes, for example? They are often only transport packaging, but some customers may take a whole box of their favorite wine with them. In addition, hotels and restaurants, such as those supplied by a retailer, are considered by law to be private end consumers.
The author of this post is Olga Dimopoulou
When considering the requirements for online food distribution in the European Union the first question to address is: does the food product in question fall under the definition of “food”?
Almost every food product fall under this definition.
«Food» (or «foodstuff») means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans (according to Article 2 of Regulation (EC) No 178/2002).
«Food» includes drink, chewing gum and any substance, including water, intentionally incorporated into the food during its manufacture, preparation or treatment. This definition includes also food supplements and dietary food products.
It does not include amongst others: feed, medicinal products and cosmetics.
Is there any requirement of applying for a license in order to sell food products online over the internet on the EU market?
The only general requirement for all foodstuffs in this respect is the registration with the competent food control authority as any other food business which distributes its products offline is obliged to do.
According to article 6 par. 2 of Regulation (EC) Nr. 852/2004 every food business operator, and this includes also the online-shop retailers (E-retailers), shall notify the appropriate competent authority, of each establishment under its control that carries out any of the stages of production, processing and distribution of food, with a view to the registration of each such establishment.
This means, that even storerooms which are used only for a certain time have to be notified with the competent authority.
Food business operators shall also ensure that the competent authority always has up-to-date information on establishments. This includes the notification of any significant change in activities and any closure of an existing establishment. There are also some exceptions to this rule.
Food businesses distributing their products online are controlled in a risk-based manner in the same way as conventional retailers.
What applies to food businesses trading in food of animal origin?
A large number of companies which place food of animal origin on the market are subject to a duty to obtain authorisation. The companies authorised by the competent authorities of the German federal states are recorded in a respective database in accordance with Regulation (EC) No 853/2004.
The corresponding lists, with companies from other Member States and from third countries, which export food of animal origin into the EU, can be found on the European Commission’s website.
This way, all parties, including consumers, who are interested in the manufacturing and trading of foodstuffs, are able to obtain information about the current state at any time.
Free movement of goods in the single European market vs. national regulations
The principle of free movement of goods applies in the European Union. What does this mean?
It means, for example, that products which do not conform with German regulations but which can be legally placed on the market in other Member States must also be legally distributed on the German market and other Member States.
Nevertheless, in the case of Germany, this regulation is limited by Section 54(1) Sentence 2 Point 2 of the German Food and Feed Code. According to this stipulation products which do not conform with German legal provisions can only be brought to market if they have been granted an appropriate general permission.
These general permissions must be applied for from the German Federal Office of Consumer Protection and Food Safety (Bundesamt für Verbraucherschutz und Lebensmittelsicherheit). This office then checks, together with other authorities, whether there are health objections to the product. Finally, they may accept the application or reject it.
In case a general permission was issued for one food business, then it also applies to alike products which are already on the market in EU Member States. Other importers can therefore refer to already issued general permissions and introduce their products to Germany under the conditions named in the general permission.
With what other laws and regulations do the food products have to comply with, when placed on the market?
There are a lot of EU-provisions as well as German laws and regulations to be met.
Roughly, one can differentiate between horizontal and vertical regulations.
Horizontal provisions apply to all foodstuffs and Vertical provisions apply only to specific food products, such as pastries, non-alcoholic beverages, gourmet food, meat, honey, spicery, chocolates, milk products, cheese products, potato products, food supplements, ice-cream, fruit processing products, tea, coffee, sugar and so on.
What happens if national food control authorities discover a “transnational infringement”?
A “transnational infringement” arises when a food control authority in one members state (e.g. Germany) concludes that a foodstuff could include health risks or does not comply with the legal requirements and this foodstuff originates from another EU Member State or a third country. This could happen when the food control authority takes a sample of the respective foodstuff and comes to this conclusion.
In such cases, the respective complaint of the authority, including all files (laboratory results, official reports etc), is forwarded via the German Federal Office of Consumer Protection and Food Safety to the competent authorities in the respective country of origin for the foodstuff.
The measures effected locally are generally disclosed to the Federal Office of Consumer Protection and Food Safety by the competent authority of the Member State or third country and forwarded to the federal states by the Federal Office of Consumer Protection and Food Safety.
What kind of marketing tool can an E-retailer use in order to distinguish himself from others?
Four existing seals meet the quality criteria of the so-called D21 initiative. These seals are thought to help consumers in order to reliably identify reputable suppliers. Food businesses can purchase one of the following four seals only if they are registered. Like this, they identify themselves to the consumer as being a store under official control.
The author of this post is Olga Dimopoulou
Who is responsible for the information on food products distributed on the online food market?
The same rules as in the offline food market apply.
The main applicable law is EU Regulation 1169/2011, also called “The EU Food Information Regulation“. According to its Art. 8 par. 1 the food business operator responsible for the food information shall be the operator under whose name or business name the food is marketed (the “Marketer”).
In case that the operator is not established in the Union, the responsible person is the importer into the Union market.
According to Art. 8 par. 2 of the said Regulation, the Marketer shall ensure the presence and accuracy of the food information in accordance with the applicable EU food information law and also with the requirements of relevant national provisions.
Who bears the main responsibility as food business operator?
The main responsibility for food information is assigned to the food business operator under whose name or business name the foodstuff is marketed.
This applies though only to such information concerning foodstuff which is made available to the final consumer by means of a label, other accompanying material, or any other means including modern technology tools or verbal communication.
Normally, the food business operator is the person, who keeps foodstuff for sale and therefore places such products on the market. According to the EU Food Information Regulation in order to determine the responsibility, it is of decisive importance under whose name the foodstuff is placed on the final consumer market.
Thereby the main responsibility is not any more with the final seller, with the consequence that the responsibility of the retailer is reduced.
A manufacturer who places a foodstuff on the market is therefore the responsible person.
A retailer is not per se a responsible person for the information on the foodstuff. In case the retailer sells food products under a private/own brand, then the responsible person is the one whose name is on the label of the product.
Importers are responsible for the information on the foodstuff if the food business operator under whose name or business name the food is marketed is not domiciliated in the EU.
In case of re-imported foodstuff, the responsible person is the one under whose name and address the foodstuff is offered to the consumer.
In case of a direct delivery of food from a third state (non-EU-state) to a consumer, as this is the case in the online retail, then the importer is the food business operator responsible for the food information.
Up to which extent is the marketer responsible for the information on the food?
The marketer is responsible for the accurateness and the lawfulness of the information on the food product and has to comply with all relevant German and EU laws and regulations.
This concerns not only the provisions of the EU Food Information Regulation, but also other EU regulations on information, such as information obligations which apply only to certain foodstuffs, as well as labelling obligations for additives and so on.
Information which are non-obligatory shall not be misleading, ambiguous or misunderstanding and have to rely on scientific data.
The operator under whose name or business name the food is marketed is responsible for meeting those provisions.
Retailers who are not the operator under whose name the food is marketed do only have to meet a reduced responsibility according to Art. 8 per. 3 to 5 of the EU Food Information Regulation (“The Regulation”).
Who else is responsible?
Food business operators who are not marketers have a reduced responsibility (Art. 8 par. 3 to 5 of the Regulation).
Under certain prerequisites they are responsible for
– known or presumed deficits in labelling (Art. 8 par. 3 of the Regulation)
– any changes they make to food information accompanying a food (Art. 8 par. 4 of the Regulation),
– ensuring compliance with the requirements of food information law and relevant national (in this case German) provisions which are relevant to their activities and verifying that such requirements are met (Art. 8 par. 5 of the Regulation).
Which specific characteristics apply to the upstream trade levels, meaning in B2B relations?
In case of non-prepacked food, the obligations to inform are quite limited. Non-prepacked food is usually intended for the final consumer or for supply to mass caterers.
There is only the obligation to inform about allergen ingredients. The EU Member States are free though to extent the obligation of informing regarding non-prepacked food according to Art. 44 par. 1 b) of the Regulation.
Germany made use of this option in its “Preliminary Regulation for the Addendum of EU Provisions Concerning the Information of Consumers about the Manner of Labelling Allergen Products in Non-Prepacked Food” of 28.11.2014 (Vorläufige Lebensmittelinformations- Ergänzungsverordnung).
When trading with non-prepacked food in the upstream trading levels the information about the food doesn’t have to be mandatory on the product itself. Instead, this information can be given in the accompanying papers of the food product.
The author of this post is Olga Dimopoulou
The Milestone EU-Mercosur Trade Deal
- Contratos de distribución
- Inversiones extranjeras
-
Argentina -
Brasil -
Italia -
Uruguay
Germany – To which product category do Cannabidiol spray products belong?
- Contratos de distribución
- Derecho Farmacéutico
-
Alemania
España – ¿Puede un influencer ser considerado “agente comercial”?
- Agencia
- Contratos de distribución
-
España
España – El derecho de información del agente tras la conclusión de su contrato
- Contratos de distribución
-
España
France: Ambush marketing and the Paris 2024 Olympic Games
- Contratos de distribución
- Patentes y Marcas
-
Francia
France – New rules applicable to digital assets services providers (DASP)
- Títulos e instrumentos financieros
-
Francia
Portugal 
Países Bajos 
Serbia Online food distribution in the European Union
11 septiembre 2018
-
Europa
- Derecho Agroalimentario
On 1 January, the new Packaging Act (“Verpackungsgesetz”) will replace the existing Packaging Ordinance (“Verpackungsverordnung”). Non-compliance with the new rules may have very unpleasant consequences.
For those who sell packaged goods to end consumers in Germany it is high noon: they have to adapt to the new packaging law, which comes into force on January 1, 2019.
The main objective of the new law is that in the future all concerned parties will have to take responsibility and bear the costs of disposing their packaging. The legislator also wants to achieve the increase of the recycling rate of paper, plastic, metal or glass packaging, and to use as many readily recyclable materials as possible. Therefore, the fee that producers or distributors must pay for disposal will in future not only depend on the quantity and material type, but also more on the recyclability of the packaging.
Who is affected by this law?
Manufacturers, online dealers and distributors of packaged goods of all kinds.
Affected are all so-called initial distributors of packaging, which typically end up at the private end consumer. These can be manufacturers, online dealers and distributors of packaged goods of all kinds, whether food, electrical appliances or furniture.
All of them, if they place packaging on the market for the first time, must register with one of the dual systems already today and, depending on the quantity and material of the packaging waste, pay a participation fee to the German take-back system.
It is new from next year on that they additionally have to register with the Central Agency Packaging Register and specify the amount of waste.
This information will be publicly available. By doing so, the legislator wants to create transparency and ensure that all those who place «packaging» on the market fulfill their obligations.
Also new is that the fees, which so far have been simply calculated according to quantity and type of material, should in future also depend on how well a material can be recycled.
For example: Cardboard boxes, which usually consist of two-thirds of waste paper, are easily recyclable, as are aluminium cans, which can be reused to 100 percent. By contrast, the notorious coffee-to-go cups are not recyclable because they consist of a quasi-inseparable composite material.
How exactly the gradations will look is not yet certain, as the dual systems still work on the implementation.
Further innovations for beverage manufacturers and distributors
The law contains several other changes that are particularly important for beverage manufacturers and distributors. The compulsory deposit for disposable containers will be extended to include a few types of beverages that were previously exempted, such as carbonated fruit and vegetable nectars. A new duty has been introduced for retailers, who must point out «with clearly visible signs» on disposable and reusable beverage packaging.As from 1st of January 2019 companies must also file the so-called Declaration of Compliance (“Vollstaendigkeitserklaerung”) with the Central Agency Packaging Register and not anymore with the respective local Chamber of Industry and Commerce.
What is the Declaration of Compliance?
A Declaration of Compliance is a verification concerning the volumes of sales packaging placed into the market by a manufacturer / distributor within one calendar year.
The filing of the Declaration of Compliance, however, only affects larger manufacturers, since the de minimis limits are set quite high in this respect. For paper, cardboard or carton it is about 80 tons per year.
Pre-registration is already possible as from September 2018. It is important to note, however, that every company involved in the system must perform the registration and data reporting «personally», meaning that this process may not be transferred to third parties.
The respective database run by the Central Agency Packaging Register is called LUCID. Manufacturers, online dealers or initial distributors who preregister with LUCID will receive a provisional registration number, which will be sent to the Dual system with which they can sign a contract. There are currently nine companies offering this. Manufacturers who preregister in 2018 will automatically receive a registration confirmation from the Central Agency Packaging Register at the beginning of 2019. The registration including the indication of quantities is free and can be done online.
The Central Agency Packaging Register is also responsible to monitor compliance with the regulations. However, at the end of the day, everyone can check the respective compliance as LUCID is a transparent register and open to everyone to search the register for specific manufacturers and brands.
The law explains why this can have quite unpleasant consequences:
In case the registration is omitted, there is automatically a ban on distribution of the packaging and there is a threat of fines to be imposed which may range up to 100.000 €! Due to the publicity of the register, agents not complying with the law may have to expect that their goods will be discontinued in the German trade.
Still unclear issues
The definition of packaging covered by this law is not quite clear. Transport packaging such as that used by a manufacturer for delivery to the dealer and disposed of there, for example, is not affected by the obligation to participate at the system and the new registration obligation. This packaging does not end up at the private end consumer. But what about wine boxes, for example? They are often only transport packaging, but some customers may take a whole box of their favorite wine with them. In addition, hotels and restaurants, such as those supplied by a retailer, are considered by law to be private end consumers.
The author of this post is Olga Dimopoulou
When considering the requirements for online food distribution in the European Union the first question to address is: does the food product in question fall under the definition of “food”?
Almost every food product fall under this definition.
«Food» (or «foodstuff») means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans (according to Article 2 of Regulation (EC) No 178/2002).
«Food» includes drink, chewing gum and any substance, including water, intentionally incorporated into the food during its manufacture, preparation or treatment. This definition includes also food supplements and dietary food products.
It does not include amongst others: feed, medicinal products and cosmetics.
Is there any requirement of applying for a license in order to sell food products online over the internet on the EU market?
The only general requirement for all foodstuffs in this respect is the registration with the competent food control authority as any other food business which distributes its products offline is obliged to do.
According to article 6 par. 2 of Regulation (EC) Nr. 852/2004 every food business operator, and this includes also the online-shop retailers (E-retailers), shall notify the appropriate competent authority, of each establishment under its control that carries out any of the stages of production, processing and distribution of food, with a view to the registration of each such establishment.
This means, that even storerooms which are used only for a certain time have to be notified with the competent authority.
Food business operators shall also ensure that the competent authority always has up-to-date information on establishments. This includes the notification of any significant change in activities and any closure of an existing establishment. There are also some exceptions to this rule.
Food businesses distributing their products online are controlled in a risk-based manner in the same way as conventional retailers.
What applies to food businesses trading in food of animal origin?
A large number of companies which place food of animal origin on the market are subject to a duty to obtain authorisation. The companies authorised by the competent authorities of the German federal states are recorded in a respective database in accordance with Regulation (EC) No 853/2004.
The corresponding lists, with companies from other Member States and from third countries, which export food of animal origin into the EU, can be found on the European Commission’s website.
This way, all parties, including consumers, who are interested in the manufacturing and trading of foodstuffs, are able to obtain information about the current state at any time.
Free movement of goods in the single European market vs. national regulations
The principle of free movement of goods applies in the European Union. What does this mean?
It means, for example, that products which do not conform with German regulations but which can be legally placed on the market in other Member States must also be legally distributed on the German market and other Member States.
Nevertheless, in the case of Germany, this regulation is limited by Section 54(1) Sentence 2 Point 2 of the German Food and Feed Code. According to this stipulation products which do not conform with German legal provisions can only be brought to market if they have been granted an appropriate general permission.
These general permissions must be applied for from the German Federal Office of Consumer Protection and Food Safety (Bundesamt für Verbraucherschutz und Lebensmittelsicherheit). This office then checks, together with other authorities, whether there are health objections to the product. Finally, they may accept the application or reject it.
In case a general permission was issued for one food business, then it also applies to alike products which are already on the market in EU Member States. Other importers can therefore refer to already issued general permissions and introduce their products to Germany under the conditions named in the general permission.
With what other laws and regulations do the food products have to comply with, when placed on the market?
There are a lot of EU-provisions as well as German laws and regulations to be met.
Roughly, one can differentiate between horizontal and vertical regulations.
Horizontal provisions apply to all foodstuffs and Vertical provisions apply only to specific food products, such as pastries, non-alcoholic beverages, gourmet food, meat, honey, spicery, chocolates, milk products, cheese products, potato products, food supplements, ice-cream, fruit processing products, tea, coffee, sugar and so on.
What happens if national food control authorities discover a “transnational infringement”?
A “transnational infringement” arises when a food control authority in one members state (e.g. Germany) concludes that a foodstuff could include health risks or does not comply with the legal requirements and this foodstuff originates from another EU Member State or a third country. This could happen when the food control authority takes a sample of the respective foodstuff and comes to this conclusion.
In such cases, the respective complaint of the authority, including all files (laboratory results, official reports etc), is forwarded via the German Federal Office of Consumer Protection and Food Safety to the competent authorities in the respective country of origin for the foodstuff.
The measures effected locally are generally disclosed to the Federal Office of Consumer Protection and Food Safety by the competent authority of the Member State or third country and forwarded to the federal states by the Federal Office of Consumer Protection and Food Safety.
What kind of marketing tool can an E-retailer use in order to distinguish himself from others?
Four existing seals meet the quality criteria of the so-called D21 initiative. These seals are thought to help consumers in order to reliably identify reputable suppliers. Food businesses can purchase one of the following four seals only if they are registered. Like this, they identify themselves to the consumer as being a store under official control.
The author of this post is Olga Dimopoulou
Who is responsible for the information on food products distributed on the online food market?
The same rules as in the offline food market apply.
The main applicable law is EU Regulation 1169/2011, also called “The EU Food Information Regulation“. According to its Art. 8 par. 1 the food business operator responsible for the food information shall be the operator under whose name or business name the food is marketed (the “Marketer”).
In case that the operator is not established in the Union, the responsible person is the importer into the Union market.
According to Art. 8 par. 2 of the said Regulation, the Marketer shall ensure the presence and accuracy of the food information in accordance with the applicable EU food information law and also with the requirements of relevant national provisions.
Who bears the main responsibility as food business operator?
The main responsibility for food information is assigned to the food business operator under whose name or business name the foodstuff is marketed.
This applies though only to such information concerning foodstuff which is made available to the final consumer by means of a label, other accompanying material, or any other means including modern technology tools or verbal communication.
Normally, the food business operator is the person, who keeps foodstuff for sale and therefore places such products on the market. According to the EU Food Information Regulation in order to determine the responsibility, it is of decisive importance under whose name the foodstuff is placed on the final consumer market.
Thereby the main responsibility is not any more with the final seller, with the consequence that the responsibility of the retailer is reduced.
A manufacturer who places a foodstuff on the market is therefore the responsible person.
A retailer is not per se a responsible person for the information on the foodstuff. In case the retailer sells food products under a private/own brand, then the responsible person is the one whose name is on the label of the product.
Importers are responsible for the information on the foodstuff if the food business operator under whose name or business name the food is marketed is not domiciliated in the EU.
In case of re-imported foodstuff, the responsible person is the one under whose name and address the foodstuff is offered to the consumer.
In case of a direct delivery of food from a third state (non-EU-state) to a consumer, as this is the case in the online retail, then the importer is the food business operator responsible for the food information.
Up to which extent is the marketer responsible for the information on the food?
The marketer is responsible for the accurateness and the lawfulness of the information on the food product and has to comply with all relevant German and EU laws and regulations.
This concerns not only the provisions of the EU Food Information Regulation, but also other EU regulations on information, such as information obligations which apply only to certain foodstuffs, as well as labelling obligations for additives and so on.
Information which are non-obligatory shall not be misleading, ambiguous or misunderstanding and have to rely on scientific data.
The operator under whose name or business name the food is marketed is responsible for meeting those provisions.
Retailers who are not the operator under whose name the food is marketed do only have to meet a reduced responsibility according to Art. 8 per. 3 to 5 of the EU Food Information Regulation (“The Regulation”).
Who else is responsible?
Food business operators who are not marketers have a reduced responsibility (Art. 8 par. 3 to 5 of the Regulation).
Under certain prerequisites they are responsible for
– known or presumed deficits in labelling (Art. 8 par. 3 of the Regulation)
– any changes they make to food information accompanying a food (Art. 8 par. 4 of the Regulation),
– ensuring compliance with the requirements of food information law and relevant national (in this case German) provisions which are relevant to their activities and verifying that such requirements are met (Art. 8 par. 5 of the Regulation).
Which specific characteristics apply to the upstream trade levels, meaning in B2B relations?
In case of non-prepacked food, the obligations to inform are quite limited. Non-prepacked food is usually intended for the final consumer or for supply to mass caterers.
There is only the obligation to inform about allergen ingredients. The EU Member States are free though to extent the obligation of informing regarding non-prepacked food according to Art. 44 par. 1 b) of the Regulation.
Germany made use of this option in its “Preliminary Regulation for the Addendum of EU Provisions Concerning the Information of Consumers about the Manner of Labelling Allergen Products in Non-Prepacked Food” of 28.11.2014 (Vorläufige Lebensmittelinformations- Ergänzungsverordnung).
When trading with non-prepacked food in the upstream trading levels the information about the food doesn’t have to be mandatory on the product itself. Instead, this information can be given in the accompanying papers of the food product.
The author of this post is Olga Dimopoulou