This website uses cookies in order to optimize the website and to improve it continuously. By continuing to use the website, you agree to the use of cookies. Learn more...


© Martin Kieffer - Attorney
Kieffer Legal Services
Law Firm
Rochusstraße 217, 53123 Bonn
NRW / Germany

Tel.: +49 228 18060951
Fax: +49 228 18060952

January 2017

ECJ: an amino acid is not nescessarily a risk to health

On 19 Janary 2017 the European Court of Justice decided  whether the German legislation at issue in the main proceedings is in breach of EU law in that it, first, prohibits the use of amino acids in food in general, regardless of whether there are reasons to suspect that there is a risk to health and, second, imposes conditions on the possibility of obtaining a derogation.

The Lebensmittel- und Futtermittelgesetzbuch (German Code on foodstuffs and animal feed)  aims to protect human health by prevention measures in the private national field or to prevent a risk that these products present or may present. The referring court referred to the version of the Code published on 3 June 2013 (BGBl. 2013 I, p. 1426), as amended byParagraph 2 of the Law of 5 December 2014.

In essence the European Court of Justice ruled:

Articles 6 and 7 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which prohibits the manufacture, processing or marketing of any food supplement containing amino acids, unless a derogation has been issued by a national authority with discretion in that respect, where that legislation is based on a risk analysis which concerns only certain amino acids, which it is for the referring court to verify. In any event, those articles must be interpreted as precluding such national legislation, where that legislation lays down that the derogations to the prohibition covered by it may only be granted for a specific period even in cases where the safety of a substance is established.

For futher Information, please click the text.

 

Read more …

Welfare labelling scheme for Germany announced

Germany’s agriculture minister, Christian Schmidt, has announced plans to introduce a voluntary welfare labelling scheme, initially just for pig meat. The intention is to eventually extend this to poultry and cattle for both meat and dairy products. The proposed state label would be voluntary and applicable to animals reared in good conditons.
 
For more informations, please click this text.

Read more …

Revision of Swiss food Law

Switzerland published a package of revised food regulations which will come into force in May 2017. Following the revision of the General Food Law in 2014 Switzerland has amended further regulations and ordinances to a greater degree with its EU neighbours. While the legislation is quite similar, however there are some differences.

For further inforamtion, please click this text.

Read more …