Registration obligations for companies operating in the food, food contact materials and articles, cosmetics and tobacco products sectors

According to Article 6 of Regulation (EC) No 852/2004 on the hygiene of foodstuffs and Article 4 of Regulation (EC) No 853/2004 laying down specific hygiene rules for food of animal origin
, all food businesses must be notified by the food business operators to the competent authority for registration.
According to Article 3(2) of Regulation (EC) No 178/2002, food businesses are all businesses that carry out activities related to the production, processing and distribution of
foodstuffs. Food does not include, for example, live animals, unless they have been prepared for placing on the market for human consumption
and plants before harvesting.

Please also note:
Certain businesses that produce, manufacture or treat food of animal origin are also subject to authorization.
This affects, among others, numerous artisan butchers and agricultural direct marketers, especially those who slaughter themselves and who were only subject to registration under the previously applicable meat hygiene law.
Commercial kitchens are also subject to authorization if they treat or process food of animal origin and also supply it to other businesses. This does not apply to businesses that supply a maximum of one third of the quantity of food of animal origin produced to other retail businesses (including daycare centers, retirement homes and clubs) or parts of businesses (e.g. branches) that are located within a radius of no more than 100 kilometers.

Anyone who manufactures cosmetic products in Germany must, in accordance with Section 3 of the German Ordinance on Cosmetic Products (Cosmetics Ordinance), notify the competent authority responsible for monitoring the place of manufacture before placing the product on the market. If cosmetic products are imported into the European Union, the person responsible for the import must, in accordance with this regulation, notify the competent authority responsible for monitoring the place where the cosmetic products are brought into the area of application of this regulation (place of import) before they are imported for the first time.
Cosmetic products are substances or mixtures intended to come into external contact with parts of the human body (skin, hair system, nails, lips and external intimate regions) or with the teeth and mucous membranes of the oral cavity for the sole or predominant purpose of cleansing, perfuming, altering the appearance, protecting or maintaining them in good condition or influencing body odor.

Businesses that manufacture, handle or place food contact materials and articles on the market as finished products must also notify the competent authority for the respective business of this in accordance with Section 2a of the German Commodities Ordinance (BedGgstV) at the latest when commencing their activities.
All materials and articles listed in Section 2 (6) of the German Food and Feed Code are deemed to be commodities.

Hunters who sell their game to end consumers and the local retail trade in small quantities after it has been cut from the cover must register themselves and the game chamber they use. A separate registration form must be used for this purpose; further information on the various marketing channels can be found in the attached information sheet:

§ Section 22 of the Tobacco Products Act (Tabakerzeugnisgesetz - TabakerzG) and Section 31 of the Tobacco Products Ordinance (TabakerzV) require that the cross-border distance selling of tobacco products, electronic cigarettes or refill containers (e-liquids) to consumers must be registered with the competent supervisory authorities. Registration must be carried out both with the competent authority in the Member State in which the company is based and with the competent authorities of the Member States in which the products are placed on the market. Companies based outside the EU that place such products on the market in the EU must also be registered in advance with the relevant Member States.

A tobacco product is a product that can be consumed (also smoked) and that consists, even partially, of genetically modified or genetically non-modified tobacco.

Since the above-mentioned legal bases also require the existence of an age verification system, more extensive information must be provided for registration than is the case for foodstuffs/consumables/cosmetics. We therefore ask you to use the form provided by the Federal Office of Consumer Protection and Food Safety (BVL) for registration (to be found on the BVL - Registration for cross-border distance selling to consumers (bund.de)) and send it to us.