Food businesses; application for EU approval when handling products of animal origin

The activity requiring authorization may only be commenced after authorization has been granted. The procedure is subject to an application. A site inspection is carried out to check whether the requirements under food law have been met.

There are some complicated exceptions to the authorization requirement (e.g. primary production, retail in certain cases). It is therefore advisable to enquire with the responsible licensing authority or the district administrative authority.

The approval decision does not affect any other permits that may be required, such as building permits, permits under immission control law, etc. This depends on the specific individual case and should be requested from the responsible licensing authority - usually the district administrative authority (district office or district-free city).

The following food businesses require EU approval, regardless of whether they only operate within Germany or also within the EU:

Meat plants/poultry meat plants

• All businesses with their own slaughtering
• Businesses that sell more than a third of their production volume to other businesses

Dairy farms

All businesses that treat or process milk from other businesses require an approval and an approval number:

• Milk collection centers
• Standardization bodies
• Milk treatment and processing plants

Other businesses

Other businesses that handle products of animal origin, such as direct marketers.

Approval number

With the approval, the establishment also receives the approval number required for intra-Community trade.

With the exception of the health mark for carcasses, the approved food business has been required to affix a so-called identification mark to treated products of animal origin since January 1, 2006. The identification mark consists of two letters for the member state and country code (e.g. DE) and the approval number for the respective company as well as the abbreviation for the European Economic Community (EC). The identification mark is an important prerequisite for the traceability of products.

The following exceptions to the approval requirement exist:

There are some complicated exceptions to the authorization requirement:

• Primary production and the supply of small quantities of primary products to end consumers or local retailers do not require approval.
• Approval is also not required for the supply of small quantities of meat from poultry and lagomorphs by the producer or for the supply of small quantities of game or game meat by the hunter to end consumers and local retailers.
• Businesses that handle, process and store food of animal origin at the point of sale or supply to the final consumer (retail) and do not supply more than one third of their products of animal origin to other local retail businesses do not require approval. Retail businesses also include pubs and restaurants.

Branches are to be regarded as independent retail businesses in this context.

It is advisable to enquire with the responsible licensing authority or the district administrative authority.

Self-slaughtering butchers and self-slaughtering restaurants always require a permit for slaughtering.

The regulations allow for flexible implementation, so that approval is not an insurmountable hurdle for the businesses concerned.

Establishments are approved in accordance with Art. 6 Para. 3 of Regulation (EC) No. 852/2004. Art. 4 (1) and (2) of Regulation (EC) No. 853/2004 in conjunction with Annexes II and III list the requirements of EU law to be complied with by the individual establishments with regard to the structural equipment and furnishings of the establishment. Furthermore, occupational health and safety regulations must not prevent approval. The business owner or the responsible person appointed by the business owner must have the necessary reliability to run the business.

Approval procedure

The approval procedure begins with the submission of the documents to the locally responsible district administrative authority (district office or independent city), which carries out a preliminary inspection and forwards the application to the government or the Bavarian Food Safety and Veterinary Control Authority (KBLV).

After the application has been submitted and a preliminary inspection has been carried out, a site inspection is carried out by the government or the KBLV. During this inspection, it is checked whether the relevant requirements of food law are met in each individual case. The competent authority must consult veterinary experts when assessing the approval requirements of a business. The involvement of other, non-veterinary experts is possible. The administrative procedure is concluded by issuing an approval notice.

With the approval, the establishment also receives the approval number required for intra-Community trade.

No activity requiring a license may be commenced without a license.

• Operating mirror with supplements
  genaue Beschreibung Anlage 6 TierLMHV
• Documents for the designation of room use
  ggf. maßstabsgetreuer Betriebsplan mit Material- und Personalfluss sowie Maschinenaufstellung (je nach Betriebsgröße; nicht bei handwerklich strukturierten Betrieben)
• Proof of the reliability of the food business operator
  ggf. Führungszeugnis, Auszug aus dem Gewerbezentralregister, Selbstauskunft