Food establishments; application for EU approval when handling products of animal origin.

Meat, poultry meat and dairy establishments, as well as other establishments handling products of animal origin, generally require EU approval. With the approval, the establishment is also issued with the required approval number.

Description

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

Dairy farms

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

Other establishments handling products of animal origin, such as direct marketers.

Approvalnumber

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.

Prerequisites


Establishments are approved in accordance with Art. 6 (3) of Regulation (EC) No. 852/2004. Article 4 (1) and (2) of Regulation (EC) No. 853/2004 in conjunction with Annexes II and III list the requirements of EU law to be met by individual establishments with regard to the structural equipment and furnishings of the establishment. Furthermore, occupational health and safety regulations may not conflict with an approval. The owner of the establishment or the responsible person appointed by the owner of the establishment must have the necessary reliability to manage the establishment.

Procedure

Approval procedure

The approval procedure begins with the submission of the documents to the locally responsible district administrative authority (district office or independent city), which carries out a preliminary examination and forwards the application to the government or the Bavarian Food Safety and Veterinary Control Authority (KBLV).

After the application has been submitted and the preliminary examination has been carried out, the government or the KBLV carries out a site inspection. During this inspection, it is checked whether the relevant requirements of food law are fulfilled in each individual case. When assessing the approval requirements of an establishment, the competent authority must consult veterinary experts. The involvement of further, non-veterinary experts is possible. The administrative procedure is concluded by issuing an approval notice.

With the approval, the establishment also receives the approval number required for intra-Community trade.

Deadlines

Without a license, an activity requiring a license may not be commenced.

Required documents

  • Operating mirror with supplementary sheets

    detailed description Annex 6 TierLMHV

  • Documents designating the use of space

    If applicable, a true-to-scale operating plan with material and personnel flow as well as machine layout (depending on the size of the business; not for businesses with a craft structure)

  • Proof of the reliability of the food business operator

    if applicable, certificate of good conduct, extract from the central commercial register, self-disclosure

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Antrag auf Zulassung eines Lebensmittelbetriebes
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Anlage zum Antrag - Selbstauskunft
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Anlage zum Antrag - Betriebsspiegel allgemeine Angaben
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Beiblatt zum Betriebsspiegel - Eiprodukte
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Beiblatt zum Betriebsspiegel - Fischereierzeugnisse
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Beiblatt zum Betriebsspiegel - Fleisch
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Beiblatt zum Betriebsspiegel - Gelatine und Kollagen
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Beiblatt zum Betriebsspiegel - Großküche
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Beiblatt zum Betriebsspiegel - Kühllager
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Beiblatt zum Betriebsspiegel - Milch
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Zusätzliches Beiblatt für Schlachtbetriebe
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Erklärung des Lebensmittelunternehmers/der Lebensmittelunternehmerin zur Aufhebung der Zulassung
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Bestätigung über die Übertragung der lebensmittelrechtlichen Verantwortung auf die verantwortliche Lebensmittelunternehmerin/den verantwortlichen Lebensmittelunternehmer
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

  • 150 to 10.000 Euro

Legal bases

Remedy

Administrative court proceedings; information

administrative claim

Links to more information

Related issues

Status:18.04.2023

Responsible for editing:Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
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