Food law; information on administrative offenses and criminal proceedings

Compliance with food law regulations can be achieved by means of mandatory and prohibition orders issued by the food control authorities or by imposing fines and penalties.

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The main aim of food law is to protect consumers from harm to their health. Numerous requirements and prohibitions are intended to protect the public from damage to health through the consumption of food.

Food law comprises all legal norms on the production, manufacture, composition, nature and quality of foodstuffs and on their designation, presentation, packaging and labeling. The implementation and monitoring of regulations on cosmetic products and consumer goods is also the responsibility of food control. Tobacco products are no longer subject to food law. A separate legal area has been created for them. In addition to protecting human health, the aim of food law is to protect the general public from deception and misleading information.

Within the framework of the German Food and Feed Code (LFGB) and the Tobacco Products Act, the Tobacco Products Act and food law are structured as secondary criminal law and violations are subject to fines and penalties (Sections 58 ff LFGB and Sections 34 ff Tobacco Products Act). Further penalties and fines are contained in the Food Law Penalties and Fines Ordinance. A distinction must be made between the punishment of an infringement as an administrative offense and the punishment as a criminal offense. A criminal offense is a criminal, unlawful and culpable act or omission to which the law attaches a penalty. For example, it is a criminal offence if someone produces or treats food in such a way that its consumption is likely to be harmful to health, or if someone places substances that are likely to be harmful to human health on the market as cosmetic products.

The courts can impose prison sentences of up to three years or fines and, in particularly serious cases, prison sentences of up to five years for violations of food law. In addition, convictions under general criminal law, e.g. for assault or fraud, are also possible.

Not all violations of food regulations require criminal punishment. In the vast majority of cases, only warnings are issued in practice or fines are imposed. Fines are issued for administrative offenses. An administrative offence is an unlawful and reproachable act that constitutes an offence under a law that allows a fine to be imposed. For example, it is an administrative offense to negligently advertise foodstuffs in relation to illness. The administrative authorities are generally responsible for the prosecution and punishment of administrative offenses, i.e. the fine proceedings are usually initiated by the district administrative authorities or the Bavarian Food Safety and Veterinary Control Authority. They also issue any warnings.