Food
The Federal Office of Consumer Protection and Food Safety (BVL) exercises several duties, with which it contributes to safer food and thus, intensifies health-based consumer protection in Germany. Food can be manufactured and sold in Germany without special permission as long as it does not exert any damage on consumers’ health and meets the general standards set by legislation. However, manufacturers, importers, carriers and retailers are responsible for the food they put into circulation. They are obligated to ensure and document the safety and quality of their food through in-house control mechanisms.
Foodstuff and Veterinary Monitoring
One important module of ensuring safe food is official food and veterinary monitoring. Wherever food is produced, processed or put into circulation, the competent authorities carry out regular controls and upon suspicion, take samples for examination in official laboratories. In Germany, this duty is assumed by the competent authorities of the Federal States (Bundesländer). Given the world-wide flow of goods and the integration of Germany in the European Union, it becomes necessary to establish uniform standards in food monitoring all over the country. The BVL prepares coordinated monitoring programs which are then implemented by the Bundesländer. The BVL gathers and evaluates the data acquired in the process and reports to the European Commission and the Federal Ministry of Consumer Protection, Food and Agriculture.
Reporting
Focused on different subjects, these reports inform the public, the Federal Government or the European Commission about relevant data on the hygienic quality and undesired matters in products as well as on the labelling and composition of food. This is how the BVL provides National Reporting on Pesticide Residues. Additionally, these reports document the exposure of fruits and vegetables as well as food of animal origin to plant protection products residues . In order to be able to issue the Report on Food Monitoring, food and other commodities which come into contact with food for human consumption are controlled. Data from over 400 000 samples, taken by the Bundesländer, which document the objections of the competent authorities e.g. in relation to the hygiene and labelling of the goods, are all included in this report. The National Residue Control Plan aims at controlling the farms of origin, the slaughterhouses and the companies receiving the unprocessed raw products, e.g. milk, eggs, honey, farmed and wild game. The Food Monitoring Programme is a system of repeated representative measurements and evaluation of the content of undesired materials like pesticides, heavy metals and other contaminants in and on food. For each year, the BVL and the Bundesländer lay down a specific shopping cart in which the foodstuffs to be examined are specified and billed for examination within the scope of food monitoring.
Identification of Emerging Risks
One of the major BVL tasks is to detect risks in the field of food safety as early as possible in order to take adequate management measures. Therefore, the BVL develops effective emerging risk identification systems through the evaluation of numerous sources. In this respect, the BVL has established an internet-based information system, in which relevant data from the Federal Government, the Bundesländer and other stakeholders are gathered and evaluated. Through this system, the BVL is in the position of being able to identify risks at an early stage and to forestall the occurrence of crises.
Traceability
Should health hazards be exerted by food, it becomes necessary to retrace its origin in a fast and comprehensive manner to determine the source of residues, contaminants, foreign bodies or hygienic deficiencies and quickly identify other possibly affected food or feed. Such goods must then be removed from the market quickly. For this reason, the European common law mandates, since January 2005, the complete traceability of food and feed from the source of production to the retailer. The responsibility for the functionality of the mandated systems of traceability lies with the companies. The BVL prepares coordinated monitoring programs for controlling the systems in collaboration with the responsible Bundesländer. On an international level, the Federal Office participates in the creation of standards and guidelines for traceability together with the Codex Alimentarius of the World Health Organization WHO as well as with the organization for standardization (ISO/EN/DIN).
Novel Food
The so-called novel food and food ingredients mean food that was not in circulation for human consumption in any significant scope in Europe until the coming into force of the Novel Food Ordinance in 1997. This includes, for instance, the noni-fruit, algae oil or food that is produced with new production techniques and in the process, is significantly altered in its composition or structure. Novel food and food ingredients can be put into circulation in the European Union only if the respective license has been issued for it. In the course of the licensing proceedings, they are subjected to an extensive health-related assessment for the protection of consumers. The BVL receives applications for the licensing of the circulation of such goods and prepares an initial test report in its capacity as the responsible food testing establishment in Germany, which is then transmitted to the European Commission and other Member States. All other proceedings are carried out in close cooperation with Member States and the Commission at European level.
Dietetic Food
Dietetic food must fulfil strict criteria to meet the required health-related standards of specific groups of persons with special nutritional needs like babies or diabetics. For this reason, the competent authorities have to be aware of the products circulating on the market. Specific dietetic food, e.g. for special medical purposes or for pregnant and breastfeeding women must therefore be reported to the BVL, at the latest upon its entry into the market,. The BVL passes this information onto the competent authorities of the Bundesländer and to the Federal Ministry of Consumer Protection, Food and Agriculture.
Laws, Ordinances, Administrative Regulations
The food and consumer goods legislation regulates, amongst other things, the manufacture and handling of food and consumer goods. The BVL prepares General Administrative Provisions and participates in structuring food-related laws and ordinances.
Free Movement of Goods
There is a basic right to the free movement of goods within the EU. This also applies to fruits or vegetables which fail to meet the German food-related legal standards in respect of pesticide residues, but which are legally manufactured in another EU Member State, in Iceland, Liechtenstein or Norway (European Economic Area) or are legally put into circulation or originate from a third country and are legally in circulation in the EU/EEA. To import such goods, the importer requires the so-called General Disposition, which must be applied for at the BVL. The BVL may reject an application for the issuance of a General Disposition only if there are compelling reasons of health protection militating against it.
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