Consumer Information; Requesting Information

Upon request to , consumers are granted free access to the information held by entities subject to disclosure requirements regarding products as defined by the Food and Feed Code (products) as well as consumer products covered by Section 2, No. 25 of the Product Safety Act (consumer products), thereby making the market more transparent and improving the protection of consumers against products and consumer goods that are harmful to health or otherwise unsafe, as well as against deception in the marketing of products and consumer goods. This includes, for example, information available to the authorities regarding food or feed, cosmetics, wine, and so-called consumer goods (e.g., items that come into contact with food, the skin, or mucous membranes).

The requested information may include, for example: violations of legal regulations; issues regarding labeling, origin, nature, use, or ingredients of a food product; as well as monitoring measures or other official activities or measures aimed at protecting consumers.

Since the monitoring of food and consumer goods (e.g., supermarkets, bakeries, butcher shops, restaurants, and manufacturing facilities) is generally carried out by the district administrative authorities (i.e., district offices or independent cities), it makes sense to submit requests for information regarding inspections and their results in this area to those authorities.

The Trade Supervisory Authority, which is part of the state governments, is responsible for monitoring product safety. Requests for information regarding inspections and their results in this area can be submitted for Northern Bavaria (Lower, Middle, and Upper Franconia and the Upper Palatinate) to the Trade Supervisory Office of the Government of Middle Franconia (Nuremberg Trade Inspection Office) and, for Southern Bavaria (Upper Bavaria, Lower Bavaria, and Swabia), to the Trade Inspection Office of the Upper Bavaria Regional Government (Munich Trade Inspection Office).

Of course, the other authorities in Bavaria will also provide information based on the data they hold. If the agency required to provide information does not have the information requested in the application, it will, to the best of its knowledge and to the extent possible, forward the application ex officio to the agency that does have the information and notify the applicant of the forwarding.

Requests regarding legal violations are free of charge up to an administrative cost of 1,000 euros; in all other cases, the fee is capped at 250 euros.

Before any costs are incurred, the competent authority must inform the applicant of this and estimate the costs involved. In this case, the applicant may decide whether to still request the information or to limit or withdraw their request free of charge.

Notes:

• The disclosure of information may affect the rights of third parties, for example, in the case of information regarding violations by a food business operator. In such cases, a formal procedure is required, in which food business operators are given the opportunity to comment on the intended disclosure of information and to raise any objections. Information may only be disclosed after the procedure has been completed.
• In cases where the rights of third parties are affected, the authority is required, upon request by the third party, to disclose the name and address of the applicant.