The activity subject to approval may only be commenced after approval has been granted. The procedure is subject to application. On the basis of a site inspection, it is checked whether the requirements of food law are fulfilled.
There are some complicated exceptions to the obligation to obtain approval (e.g. primary production, retail trade in certain cases). It is therefore advisable to inquire with the responsible approval authority or the district administrative authority.
The approval decision does not affect any other permits that may be required, such as building permits, immission control permits, etc. This depends on the specific case. This depends on the concrete individual case and should be inquired at the responsible approval authority - as a rule the district administration authority (district office or independent city).
The following food establishments require EU approval, regardless of whether they operate only within the country or also within the Community:
Meat establishments/poultrymeat establishments
- All establishments with own slaughtering
- Establishments that supply more than one-third of their production volume to other establishments
All establishments that process milk from other establishments require approval and an approval number:
- Milk collection points
- Standardization bodies
- Milk treatment and processing establishments
Other establishments handling products of animal origin, such as direct marketers.
With the approval, the establishment also receives the approval number required for intra-Community trade.
In the approved food establishment, with the exception of the health mark on carcasses, since 1.1.2006 a so-called identity mark must be applied to handled products of animal origin. The identity mark consists of two letters for the member state and country code (e.g. DE) and the approval number for the respective farm as well as the abbreviation for the European Economic Community (EC). The identity mark is an important prerequisite for the traceability of the products.
The following exceptions to the approval requirement exist:
There are some complicated exceptions from the approval requirement:
- Primary production, as well as the supply of small quantities of primary products to final consumers or local retail establishments do not require approval.
- Likewise, no approval is required for the supply of small quantities of meat from poultry and lagomorphs by the producer or for the supply of small quantities of game or game meat by the hunter to final consumers and local retail establishments.
- Establishments that handle, process, and store food of animal origin at the point of sale or delivery to the ultimate consumer (retail establishments), and in doing so do not deliver more than one-third of their products of animal origin to other local retail establishments, do not require approval. Retail establishments also include pubs and restaurants.
In this context, branches are to be regarded as independent retail businesses.
It is advisable to check with the relevant licensing authority or county administrative authority.
Self-slaughtering butcher shops and self-slaughtering restaurants require a permit for slaughtering in any case.
The regulations allow for flexible implementation, so that approval does not represent an insurmountable hurdle for the businesses concerned.