The Göttingen district frequently inspects hospitality businesses, with the result that many restaurants and food-processing businesses—including very well-known ones—are placed on a public list because hygiene violations have been identified.
This list provides the public with information about exceeding specified permissible limit values, 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 classified as an official warning, a business appearing on this publicly accessible hygiene-violation list can damage its reputation and lead to significant loss of revenue.
If a violation of food hygiene regulations is identified, the authority may impose a fine ex officio in the case of administrative offences. In the event of more serious violations, the authority forwards the relevant information to the public prosecutor’s office, which may then initiate criminal investigation proceedings.
In individual cases, it is often 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 complex.
For this reason in particular, it is especially important to seek legal advice if investigation proceedings have been initiated. At the latest when a restaurateur has received a penal order, they should contact a legally experienced counsel. This makes it possible to challenge an imposed fine and also to avoid possible ancillary consequences, such as prohibitions on carrying out certain activities.
The MPP law firm advises and represents you to the best possible extent if a fine has been imposed on you or criminal investigation proceedings have been initiated against you due to a suspected hygiene violation.
For further information, please read attorney Karl-Heinz Mügge’s interview on the topic “Hygiene violations in the hospitality industry”:
What sanctions may be imposed for violations of food safety regulations?
At national level, minimum and maximum sanctions for violations of food safety regulations and standards are governed, among other things, by the Food and Feed Code (Lebensmittel- und Futtermittelgesetzbuch – LFGB). In addition, for example, the Milk and Margarine Act (MilchMargG) or the Wine Act (WeinG) also penalise violations of food safety regulations.
The LFGB contains criminal provisions in sections 58 and 59, which may be punished by imprisonment or a fine.
The law distinguishes between intentional and negligent violations of food safety regulations. An intentional violation is punishable under section 58 LFGB by imprisonment of up to three years or a fine, and in particularly serious cases by imprisonment from six months to five years. An attempt is also punishable under section 58(4) LFGB. In the event that one of the acts referred to in section 58(1) to (3) is committed negligently, section 58(6) LFGB provides for imprisonment of up to one year or a fine.
Section 60 LFGB covers various administrative fine provisions, which may be punished by a fine of up to one hundred thousand euros. Under this provision, an administrative offence is committed, among other things, by anyone who negligently commits certain acts referred to in section 59. As the LFGB does not contain any different provision for a minimum fine, the fine under section 17(1) OWiG is at least five euros.
Ancillary consequences of a criminal offence or administrative offence include the confiscation of items (section 61 LFGB) and prohibitions on carrying out certain 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 competent state ministry or, in the city-states, by the competent senate administration. The food monitoring and veterinary offices of the districts and independent cities take samples and inspect businesses on site. Official controls cover all stages of food production: producer and manufacturing companies are inspected, as are the storage, transport and sale of food, as well as the hospitality industry. Businesses are inspected without prior notice at certain 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 requirements regarding the composition, safety for human health and correct labelling of food. Hygienic conditions and other aspects of food safety, as well as the businesses’ own control systems, are also reviewed. They look for pathogenic germs, residues of plant protection products, heavy metals and other undesirable substances. The composition and labelling of products are also checked. If there are indications of a violation of existing regulations, the products are objected to and, in the event of a health risk, removed from the market.
If consumers have the impression that a food product poses health risks or otherwise does not meet legal requirements, they can contact the municipal food monitoring and veterinary offices. The competent authorities are obliged to investigate such complaints. .“ (German Bundestag, briefing on criminal and administrative fine provisions for violations of food safety, p. 7).