Judgment: Prohibition of Mobile Sale of "Wild Products" - In BAV Newsletter 02/2014

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Jun 14, 2017 - hygiene

Judgment: Prohibition of Mobile Sale of "Wild Products" - In BAV Newsletter 02/2014

A recent court ruling addressed whether the sale of "wild products," including liver sausage, Vienna sausages, knackers, and head cheese, falls under the general hygiene regulations according to Annex II of Regulation (EC) No. 852/2004 and is subject to the traceability obligation under the basic Regulation (EC) No. 178/2002.

The court was of the opinion that the prohibition of mobile sales of the goods was lawful if the hygiene requirements were not met. However, the defendant seller was of the opinion that "wild products" were primary products that were not subject to the strict hygiene regulations of the EU regulation.

However, the court made it clear that the delivery of primary products in the case of wild concerns only products from animal husbandry or one's own hunting. The exception of direct delivery of small quantities of primary products by the producer to the final consumer does not apply here. This is particularly not the case since the products in question are highly perishable foods, from a production, processing, and distribution stage subordinate to primary production. Therefore, the relaxed conditions for primary products do not apply to the products in question.
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