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Request consultation procedure for novel foods

Would you like to launch a food on the German market and are unsure whether it is to be classified as a novel food? Then you can apply to the Federal Office of Consumer Protection and Food Safety (BVL) for a consultation procedure.

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Responsible for you

Bundesamt für Verbraucherschutz und Lebensmittelsicherheit

Street address

Bundesallee 51
38116 Braunschweig

Postal address

Postfach 1564

38005 Braunschweig

Website

www.bvl.bund.de

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Procedure details

In the European Union (EU), foodstuffs may generally be placed on the market without prior authorization. Novel foods are an exception to this rule. These must first undergo a health assessment and be approved before being placed on the market.

If you are unsure whether your food is to be classified as a novel food, you can consult the competent authority of the EU Member State in which you intend to place the food on the market first. In Germany, the Federal Office of Consumer Protection and Food Safety (BVL) is responsible.

With your application to initiate such a consultation procedure, the BVL requires documents and information from you which, among other things, show the production, composition and intended use of your food. In your application, you can request confidential treatment of the food information you have submitted if its disclosure could harm your competitive position.

Please note that your application to the BVL alone initiates the consultation procedure in which the BVL assesses whether your food is to be classified as a novel food. You must apply separately to the European Commission for the actual authorization to place a novel food on the market.

In order to determine the novel food status, the BVL consults the food control authorities of the federal states and exchanges information with the authorities of other EU member states and the European Commission. If you submit your application documents in English, this will speed up the procedure as they no longer need to be translated before being forwarded to the European Commission and the EU Member States.

  • You cannot independently determine beyond doubt whether your food falls under the EU Novel Food Regulation.
  • You want to place your food on the market in Germany first, not in another EU member state.

  • Required Documents

    The consultation procedure can be applied for online via the federal portal or by e-mail.

    The following documents are required for all types of application:

    • technical documents
      • A corresponding template can be found in Annex II of Implementing Regulation (EU) 2018/456 or on the BVL website
    • Documents to support your request for consultation, if available Evidence of significant consumption of the food in the EU before 15.05.1997, for example:
      • Evidence of import and sales figures
      • Evidence of actual availability on the market as a foodstuff
      • labels
      • Technical literature, if applicable
    • Note in which you explain the purpose and relevance of the documents submitted
    • if you are submitting the request by e-mail: Cover letter for a request for consultation with information on the company in accordance with the model cover letter in Annex I to Implementing Regulation (EU) 2018/456
      • if you submit the request online but are not registered, you can generate your completed request as a PDF file and send it to the BVL by email, for example
    • if you request confidential treatment of the information submitted with the application: corresponding statement
    • if the application is made by proxy: Power of attorney
    • if necessary, further documents, depending on the circumstances, for example
      • study results
      • product illustrations
    • Note: You can find out from the BVL which additional documents you may have to submit.

First of all, you are responsible for checking whether or not your food falls under the EU Novel Food Regulation. If you cannot identify the food in question with certainty, you can consult the BVL.

You can apply for the consultation procedure online via the federal portal or by e-mail.

Apply for the consultation procedure online via the federal portal:

  • Call up the online application on the federal portal verwaltung.bund.de. This will guide you step by step through the necessary information, which you can enter electronically.
  • Upload the required documents as a file and submit the application.
  • You will receive confirmation that your application has been received.
  • If you are not registered, you can generate your completed application as a PDF file and send it to the BVL by e-mail.
  • The BVL will check your details and documents and coordinate with the authorities of the federal states and EU member states.
  • The BVL will contact you if further documents or information are required.
  • The BVL will inform you of the provisional result of the consultation procedure.
  • You comment on the preliminary result of the consultation procedure.
  • You will receive a notification of approval digitally via the feedback channel function of the federal portal or by post.
  • In this notification, you will be informed whether your foodstuff
    • novel,
    • not novel or
    • non-novel only in food supplements.
  • You will also receive a separate notification of fees. You then pay the fees.

Request a consultation procedure by e-mail:

  • Formulate an application using, for example, the sample cover letter in Annex I of Implementing Regulation (EU) 2018/456. Alternatively, access the online application on the federal portal verwaltung.bund.de. Complete the application online and save it as a print preview.
  • Attach all required documents.
  • Send your application to the BVL by e-mail.
  • You will receive confirmation that your application has been received.
  • The BVL will check your details and documents and coordinate with the authorities of the federal states and EU member states.
  • The BVL will contact you if further documents or information are required.
  • The BVL will inform you of the provisional result of the consultation procedure.
  • You comment on the preliminary result of the consultation procedure.
  • The BVL will inform you by official decision whether your food is
    • novel,
    • not novel or
    • non-novel only in food supplements.
  • You will also receive a separate notification of fees. You will then pay the fees.

Fees have been charged for processing a consultation request since 01.10.2021. The amount of the fee depends on the processing effort.
fee: 680 EUR - 7.800 EUR

After the BVL has informed you of the result of the consultation procedure by means of a decision, you have 1 month to lodge an objection.

The BVL must decide on complete applications within 4 months. In justified cases, this period may be extended by a maximum of 4 further months. (4 Monate)

The BVL does not carry out the actual authorization procedure for novel foods. The authorization of novel foods is carried out by the European Commission and must be applied for separately. The consultation procedure is about determining whether a food is novel and whether there is a need to submit an application to the European Commission.

  • Contradiction
    • Further information on how to lodge an appeal can be found in the information on legal remedies in the notification of your application.
  • Appeal to the administrative court
    • You can find further information on how to lodge a complaint in the legal remedies information in the notice of objection.

Status: 09.03.2025
Editorially responsible for prodecure description: Bundesministerium für Ernährung, Landwirtschaft und Heimat
Source: Federal Portal