Hygiene pillory or publication of complaints on the Internet in accordance with Section 40 (1a) LFGB

The “hygiene pillory” in the food industry with publications on the Internet is imminent throughout Germany. Corresponding notifications are already being published in the federal states of North Rhine-Westphalia and Saarland. Presumably from spring 2019, the authorities nationwide will be obliged to inform the public about the following cases:

• if legal limits, maximum levels or maximum quantities are exceeded (provided that the results of at least two independent tests are available, usually from state testing facilities)
• if there is reasonable suspicion that regulations for the protection of consumers against health hazards, deception or compliance with hygiene requirements have not been complied with to a not insignificant extent or repeatedly and the imposition of a fine of at least € 350 is to be expected

Of course, these incidents should be avoided wherever possible, as in individual cases publications can have serious consequences for companies. To avoid complaints, we recommend that you pay particular attention to the following points:

• Basic hygiene and other preventive measures
• HACCP concept incl. documentation
• Staff training on hygiene, HACCP if applicable and follow-up instruction in accordance with Section 43 (4) of the Infection Protection Act (IfSG)
• Representative sample plan (self-monitoring)
• Labeling regulations
• Supplier evaluation and selection

For examples of publications, see www.lebensmitteltransparenz.nrw.de or www.saarland.de. We will be happy to advise you on the best way to avoid complaints.