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If you wish to produce, treat or market foodstuffs in Germany that deviate from national legislation, you can apply for a derogation from the Federal Office of Consumer Protection and Food Safety (BVL).
Does your foodstuff deviate from local legislation? Then you need a special permit to be able to produce, handle and market it in Germany.
You can apply to the Federal Office of Consumer Protection and Food Safety (BVL) for the exemption permit. The BVL decides on the exemptions in consultation with the Federal Office of Economics and Export Control.
You must enclose meaningful documents with your application to prove that your product is harmless to health. You can only obtain an exemption for such products. The BVL involves the Federal Institute for Risk Assessment and, if necessary, other authorities in the assessment.
A derogation does not have a general effect, but only applies in individual cases. Therefore, a separate exemption must be applied for each product.
Once a derogation has been granted, the authorities of the federal state in which your company is based will monitor the production and distribution process. They check the labeling, proper production and compliance with the requirements, maximum quantities and formulation on which the exemption is based.
As a rule, exemptions are granted for a maximum of 3 years. You can apply for an extension. You must also submit a corresponding application to extend or amend the exemption granted.
You can apply for the exemption online via the federal portal, by e-mail or by post.
Apply for an exemption online via the federal portal:
Apply for an exemption permit by e-mail or post:
Costs for issuing the exemption permit. The costs depend on the amount of work involved.
Fee: EUR 630 - EUR 15,800
Costs for extending the exemption permit.
Fee: EUR 610 - EUR 4,700
Costs for amending the exemption permit.
Fee: EUR 610 - EUR 6,000
Costs for the extension of the exemption.
Fee: EUR 570 - EUR 4,800