The German Consumer Goods Ordinance (BedGgstV) specifies which materials are permitted for consumer goods. The 22nd amendment to BedGgstV introduces a new requirement (§ 2a Anzeige) regarding mandatory notification for businesses that bring food contact materials (FCM) and articles to the German market.
Mandatory FCM Notification: The Objective
This measure is intended to increase consumer safety and ensure greater transparency and traceability in the market for food contact materials and articles. In particular,
- Easier Withdrawal and Recall of Non-Compliant Articles
- Minimizing Risks associated with the Production and Sale of Food-related Products
Businesses Affected by the New FCM Requirements
Economic operators who manufacture, trade, or market food contact materials as finished products need to notify the competent authority responsible for the area (Bundesland) concerned no later than the start of their activity. Companies with operations in multiple federal states or Bundesländer, must notify all related authorities.
A list of the responsible ministries for each federal state can be accessed here.
Food Contact Materials (FCM) Details to Include
The new requirement does not require a detailed breakdown of individual products. However, any significant changes in business operations, such as discontinuing products or introducing new materials, must be reported within 6 months.
The mandatory FCM notification comprises the followings:
- Company Information
- Facility Information & Its Type of Activities
- Group of Material Articles according to Annex I of Regulation (EC) 1935/2004
Failure to adhere to the mandatory notification can result in fines of up to 50,000 €.
Implementation Timeline
The updated Ordinance entered into force on 1 July 2024 but companies that are already selling Food Contact Materials have until 31 October 2024 to notify the relevant authority.
Note: Food business operators already authorized in accordance with Regulation (EC) 852/2004 are excluded from this additional obligation.
This article is originally published by ProductIP:
Caspar ter Horst – Managing Director, ProductIP
Caspar has 25+ years of experience in product compliance. In 2008, he co-founded ProductIP together with Maarten van der Dussen. Caspar and his team are dedicated to support companies within the supply chain to efficiently demonstrate to customers, authorities, and users that their products meet applicable legislation and buying requirements. As a result, helping companies reduce costs, streamline operations, manage suppliers, and at the same time put compliant, safer, more sustainable products to the market.
