Hygiene offences in the catering trade

The district of Göttingen frequently inspects cate­ring estab­lish­ments, with the result that many restau­rants and food proces­sing compa­nies — inclu­ding very well-known ones — are placed on a public list because they have been found to have committed hygiene viola­tions.

This list includes infor­ma­tion to the public about the excee­ding of speci­fied permitted limits, maximum levels or maximum quan­ti­ties and the presence of unaut­ho­rised or prohi­bited subs­tances as well as other viola­tions of food safety regu­la­tions.

Regard­less of the fact that the published infor­ma­tion cannot be cate­go­rised as an offi­cial warning, the appearance of a busi­ness on this publicly acces­sible list of hygiene viola­tions can damage its repu­ta­tion and result in a considerable loss of sales.

If a breach of food hygiene regu­la­tions is detected , the autho­rity can impose a fine ex officio for admi­nis­tra­tive offences. In the case of more serious offences, the autho­rity forwards the rele­vant infor­ma­tion to the public prose­cu­tor’s office, which can then initiate a criminal inves­ti­ga­tion.

In indi­vi­dual cases, it is diffi­cult for busi­ness owners to deter­mine whether they have committed a criminal offence, as the provi­sions of the rele­vant Food and Feed Code (LFGB) are quite compli­cated.

This is why it is parti­cu­larly important to seek legal advice if an inves­ti­ga­tion has been initiated. At the latest when a restau­ra­teur has received a penalty order, he should contact a profes­sio­nally expe­ri­enced legal adviser. In this way, action can be taken against an imposed fine, but also possible secon­dary conse­quences, such as acti­vity bans, can be avoided.

The law firm MPP advises and repres­ents you in the best possible way if a fine has been imposed on you due to a possible hygiene offence or criminal inves­ti­ga­tion procee­dings have been initiated.

For further infor­ma­tion, read the inter­view with lawyer Karl-Heinz Mügge on the subject of “Hygiene offences in the cate­ring trade”:

Göttinger Tage­blatt

What sanc­tions can be imposed for brea­ches of food safety regu­la­tions?

Natio­nally, minimum and maximum sanc­tions for viola­tions of food safety regu­la­tions and stan­dards are regu­lated in the German Food and Feed Code (Lebensmittel‑, Bedarfs­ge­gen­stände- und Futter­mit­tel­ge­setz­buch — LFGB), among others. The Milk and Marga­rine Act (Milch­MargG) and the Wine Act (WeinG), for example, also pena­lise viola­tions of food safety regu­la­tions.

Sections 58 and 59 of the LFGB contain penal provi­sions that can be punished with impri­son­ment or a fine.

The law distin­gu­ishes between wilful and negli­gent violations of food safety regu­la­tions. Accor­ding to Section 58 LFGB, an inten­tional offence is punis­hable by a prison sentence of up to three years or a fine and, in parti­cu­larly serious cases, a prison sentence of six months to five years. Attempts are also punis­hable under Section 58 para. 4 LFGB. If one of the offences described in Section 58 (1) to (3) is committed due to negli­gence, Section 58 (6) LFGB provides for a custo­dial sentence of up to one year or a fine.

§ Section 60 L FGB covers various provi­sions on fines that can be pena­lised with a fine of up to one hundred thousand euros. It is an admi­nis­tra­tive offence, among other things, to commit certain acts speci­fied in Section 59 through negli­gence. As the LFGB does not specify a diffe­rent minimum fine, the fine pursuant to Section 17 (1) OWiG14 is at least five euros.

A secon­dary conse­quence of a criminal offence or admi­nis­tra­tive offence is the confis­ca­tion of objects (Section 61 LFGB) or bans on acti­vi­ties.

Who is respon­sible for food moni­to­ring?

In Germany, food moni­to­ring is the respon­si­bi­lity of the federal states. The Federal Office of Consumer Protec­tion and Food Safety (BVL) explains:

“In Germany, respon­si­bi­lity for offi­cial food moni­to­ring lies with the federal states. Moni­to­ring is coor­di­nated by the respon­sible state ministry or the respon­sible senate admi­nis­tra­tion in the city states. The food moni­to­ring and vete­ri­nary offices of the districts and inde­pen­dent cities take samples on site and inspect busi­nesses. The offi­cial inspec­tions cover all stages of food produc­tion: produc­tion and manu­fac­tu­ring compa­nies are inspected as well as the storage, trans­port and sale of food and the cate­ring trade. The busi­nesses are inspected without prior notice at regular inter­vals or follo­wing infor­ma­tion from consu­mers or third parties. Busi­nesses that have already attracted nega­tive atten­tion are inspected more frequently.

The autho­ri­ties monitor compli­ance with legal regu­la­tions with regard to the compo­si­tion, health safety and correct label­ling of food. The hygienic condi­tions and other aspects of food safety as well as the compa­nies’ self-moni­to­ring systems are also checked. Patho­genic germs, resi­dues of pesti­cides, heavy metals and other unde­si­rable subs­tances are sear­ched for. The compo­si­tion and label­ling of the products is also checked. If there are indi­ca­tions of a breach of exis­ting regu­la­tions, the products are rejected and removed from the market if they pose a health risk.

If consu­mers have the impres­sion that a food poses a risk to their health or does not fulfil the legal requi­re­ments in any other respect, they can contact the food moni­to­ring and vete­ri­nary offices of the local autho­ri­ties. The compe­tent autho­ri­ties are obliged to inves­ti­gate such complaints.” (German Bundestag, Status of penal­ties and fines for food safety offences, p. 7).