Food contact materials
A new information obligation for food contact materials has been applicable in Germany since July 1, 2024. It concerns everybody – manufacturers, importers or sellers – who distributes such products in Germany. If you as an Amazon seller distribute such products, you should definitely know what this obligation is all about. This blog post gives you all the information you need to comply with the new statutory requirements.
What are food contact materials?
Food contact materials mean materials and goods intended to come into contact with food, including:
- Packaging materials: such as plastic packaging, glass containers, aluminum cans and cardboard boxes used to store or transport food.
- Kitchen utensils: such as pans, pots, cutting boards, cutlery and cooking spoons used to prepare or consume food.
- Machines and appliances: such as coffee machines, mixers, mincers and other appliances that come into direct or indirect contact with food.
- Dishes and cutlery: such as plates, glasses, cups, knives, forks and spoons intended for the consumption of food.
- Seals and tubes: Materials used in machines that process food, e.g., seals in filling machines.
Since these products come into direct contact with food, they are subject to very strict regulations in order to ensure that users are safe. The new information obligation is part of the effort to improve transparency and traceability along the entire supply chain.
Wer ist von der Anzeigepflicht betroffen?
The new information obligation affects all companies, provided they are based in Germany and distribute food contact materials on the German market (in whatever form: via a marketplace, online store or fulfillment center).
This includes you as an Amazon seller just like manufacturers, importers and other sellers. If you procure products abroad, or if you are the initial supplier of such products in Germany, you have to ensure that your products comply with the new statutory requirements and are required to notify your local authority.
What are you required to disclose?
The information obligation pursuant to Section 2a of the German Consumer Goods Ordinance [Bedarfsgegenständeverordnung, available in German only] stipulates that you are obligated to provide certain information about the products you distribute to the relevant authorities. This information includes:
- Master data of your business: This means the name, address and contact information of your business. This information is important in case the authorities need to contact you in the case of complaints or inspections.
- Type of activity: You have to indicate whether you are a manufacturer, importer or other kind of distributor of food contact materials.
- Description of the material: Means the group of materials (e.g., plastics) that the food contact materials distributed by your company are primarily made of.
This information has to be provided to the relevant authority before you first distribute the respective product in Germany. An overview of the relevant food control authorities in each of the German federal states is available here.
There is a transitional regulation for sellers who were already selling food contact materials at the date of entry into force on Jul 1, 2024. They have to provide the above-mentioned information to the relevant authority by Oct 31, 2024.
How do you provide the information required?
The method of transmission (e.g. by means of a specific form, by mail or electronic means) depends on the specific requirements in the respective state.
You should also remember that a so-called notice of change may be required in the future, e.g., if you cease to distribute food contact materials, or the materials/goods manufactured were not included in the initial information.
Why is the information obligation important?
The information obligation is not just a bureaucratic act, but an important measure for consumer protection. It enables the authorities to monitor the safety of food contact materials and to act quickly in the case of an issue. For you as an Amazon seller, the information obligation means that you have to make sure that your products comply with the statutory provisions and that the required information has been provided correctly. Otherwise, you run the risk of legal consequences.
What happens if you fail to comply with the information obligation?
Failure to comply with the information obligation can entail severe consequences:
- Fines: If you fail to provide the required information for your products, heavy fines may be imposed. Such a fine can amount to several thousand euros, depending on the severity of the non-compliance.
- Infringement of competition law: Furthermore, non-compliance with the new information obligation constitutes an infringement of competition law that may even be cause for a formal warning.
- Damage to the company’s reputation: Non-compliance with the information obligation and the ensuing legal consequences may cause serious damage to your company’s reputation and your customer’s trust in you.
Practical examples and common mistakes
To explain the information obligation, let us take a look at two practical examples:
- Example 1: You import drinking glasses made of glass from China. Believing that they do not, strictly speaking, constitute “food contact materials”, you do not register them. However, an inspection later shows that these glasses are indeed subject to the German Consumer Goods Ordinance because they come into direct contact with food (beverages). Consequently, legal proceedings for an administrative offense are initiated against your company.
- Example 2: So far, you have only been distributing ceramic tableware in Germany. You provided the required information about said ceramics to the relevant authority in due time. Wanting to expand your business, you are now expanding your product portfolio to include stainless steel cutlery and pots. You are too preoccupied launching your new products to remember to submit a corresponding notice of change to the authority. Consequently, your competitors can issue a written warning with a penalty, and the authorities may impose a fine.
Legal background and additional information
The new information obligation is part of a more comprehensive legal framework meant to ensure the safety of food contact materials. This framework includes not only the German Consumer Goods Ordinance (BedGgstV), but also the German Food and Feed Code [LFGB, available in German only], which defines the general requirements regarding food safety in Germany. For a detailed overview of the legal basis and the consequences for the economic operators, please read our detailed blog post on the German Food and Feed Code (LFGB).
Conclusion
The information obligation for food contact materials applicable since July 2024 is an important improvement that affects not only manufacturers and importers, but sellers and Amazon sellers as well. To avoid legal consequences and ensure that you can continue to sell your products on the German market, you should take the following steps:
- Check your product categories: Make sure that you have correctly identified all products that are subject to the information obligation.
- Register your groups of materials in due time: Make sure that all the relevant information provided is correct and complete.
- Keep records of your notices: Carefully file all the confirmations you receive and the relevant documents in order to be prepared for a possible inspection.
- Stay up-to-date: Legal requirements may change. Therefore, staying up-to-date in regard to the latest developments is crucial.
By taking these steps, you ensure that you comply with the statutory provisions, allowing you to continue to do thriving business in Germany.
We at Tradavo can help you
Are you looking for a reliable partner to assist you with these steps? Please feel free to talk to us. We at Tradavo will help you to ensure that you can put your product on the market without problems or worries.
You need assistance?
It is best to book an appointment directly for a free initial consultation.
Who wrote this article?
As an author, Christina fills the blog section of our website with exciting and informative articles, so that our readers can always take care of product compliance in their company in the most well-informed way.
