Consumer Information Act

The VIG grants any natural or legal person access to information on products within the meaning of the German Food and Feed Code (LFGB).

The application for access to information under the VIG does not require any justification, i.e. a special interest or concern on the part of the applicant is not required. The application can also be made regardless of the applicant's place of residence or nationality.

We can provide access to information by providing information, granting access to files or in any other way. If a specific type of access to information is requested, we may only choose a different method of providing information for important reasons. However, we are only obliged to provide the information already available. The VIG therefore does not grant any right to initiate official investigations to obtain information that is not (yet) available.

The name and address of the applicant must be stated with every application. At the request of third parties involved (e.g. manufacturers), the authorities will disclose this information to the third parties involved. A telephone number should also be provided for any necessary queries.

It is also important that the requested information is as clear and unambiguous as possible in your application.

We will usually decide on your request within one month, provided the requested information is available.

If your request relates to a matter that may affect the interests of third parties (e.g. manufacturers, dealers, etc.), these third parties will generally be given the opportunity to comment on your request for information. Your name and address will be disclosed at the request of the third party concerned. The decision deadlines for our office are extended by a further month in such a case, so that a decision on your request is usually made within two months.

In the case of applications involving more complex circumstances and several companies, you must expect correspondingly longer processing times

You will be notified within the above-mentioned deadlines as to whether you will receive the information you have requested. Please note that the VIG provides for grounds for exclusion, restriction and refusal, and that your request must be rejected if these are present.

There are public interests that prevent the provision of information

• e.g. during the duration of administrative proceedings/court proceedings/criminal investigations/law enforcement proceedings. (Exception: the information concerns non-permissible deviations from the provisions of the LFGB and/or the requested product or consumer product poses hazards or risks to the health and safety of consumers. In the case of an ongoing criminal investigation or proceedings before the criminal court, this information may only be provided in consultation with the competent public prosecutor's office or the competent court;
• as a rule, in the case of information on deviations from the provisions of the LFGB that occurred more than five years ago (reference date: receipt of the application by the authority)

Private interests that prevent the provision of information exist in the case of

• Personal data of natural persons (exception: the public interest in disclosure outweighs the person's interest in confidentiality);
• Data relating to the protection of intellectual property (in particular patent, license, trademark and brand rights);
• Data that the entrepreneur had to provide to the authority due to legal obligations;
• Data subject to the protection of business/trade secrets.

Information on non-permissible deviations from the provisions of the LFGB are not trade/commercial secrets by law. If a product poses dangers or risks to consumers, access to this information cannot be refused on the grounds of trade/commercial secrecy either. The same applies to the official control results of food monitoring for all measurement results relating to limit values, maximum quantities or maximum levels. This applies regardless of whether limit values have been exceeded or not.

Reasons for refusal, which may also prevent the provision of information, are given if

• the information concerns drafts or
• information transmitted or collected in confidence;
• premature disclosure of the information would jeopardize the success of official measures;
• processing the application would compromise the proper performance of the authority's tasks;
• in the case of scientific research tasks, including data collected as part of a research project and not yet conclusively evaluated, until these projects are published scientifically;
• the application is abusive, e.g. if the applicant already possesses the requested information;
• it is possible to obtain the requested information from generally accessible sources, e.g. by the authority actively informing the public.

If information is available for your request and there are no grounds for exclusion, restriction or refusal, a decision will be issued establishing your right to information. You will receive the requested information if this decision has also become final vis-à-vis affected third parties, i.e. it can no longer be contested by means of an appeal. You will receive the information in the manner provided for by law, e.g. by

• written information,
• by granting access to the file or
• in any other way.

The VIG stipulates that fees and expenses are to be charged for official acts under the VIG to cover costs. Access to information in accordance with Section 2 (1) sentence 1 no. 1 ("identified, non-permissible deviations from the requirements of the German Food and Feed Code and the German Product Safety Act") is free of charge up to an administrative cost of €1,000. This applies to access to other information up to a cost of €250. If your application cannot be processed free of charge, we will inform you in advance of the estimated costs. You then have the option of restricting or withdrawing your application. You can also specify a maximum cost limit in your application, above which you would like to be consulted.

Consumer advice center