NewRulingOnTheReportingObligationAccordingToSection44Paragraph4aOfTheLFGB

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Mar 15, 2024 - Foods

NewRulingOnTheReportingObligationAccordingToSection44Paragraph4aOfTheLFGB

In February, the Federal Administrative Court issued a decision on a case regarding the laboratory reporting obligation in accordance with § 44 Section 4a of the Food, Consumer Goods, and Feed Code (LFGB). 

This case concerned a release examination of a prepackaged, ready-to-eat food product. A private laboratory had detected Salmonella in this sample.  
The court ruled that private laboratories are also subject to the aforementioned reporting obligation to authorities in release examinations.  

As this ruling currently raises questions regarding the handling of the laboratory reporting obligation, we would like to draw your attention to the following points: 

• the law has not changed in 12 years
• this ruling specifically concerns the case of release examinations of ready-to-eat and already prepackaged products
• we only report to the authorities if we have "reason to assume" that the sample would be subject to a marketing ban under Art 14 Sect 1 of Regulation (EC) No. 178/2002. In the case of raw material examinations, intermediate products, non-ready-to-eat foods, test samples, or samples after the expiration of shelf life, we see NO reason for a report, as these samples are either not ready-to-eat or not on the market. It is, however, very important that we have this information from the client at the time of the order placement
• if a report to the authorities is necessary from our side, we always inform the client in advance
   

We hope to have helped you with this information. For further questions, our customer advisors are very happy to assist you. 

Source: www.bverwg.de 

Further Links:
www.cibus-recht.de
www.bvl.bund.de