Statement of the DIL regarding the amendment of the German Food and Feed Code (LFGB) with regard to the reporting provisions for private laboratories

In its sitting on 26 May 2011, the German Bundestag adopted the “Second Law for Amendment of the German Food and Feed Code (LFGB)” which includes that private laboratories are now subject to reporting provisions. The amendment became effective in August 2011.

Article 44, paragraph 4a of the German Food and Feed Code was amended as follows:
“If the responsible person in a laboratory that conducts food and feed analyses has reason to believe that a food sampled in Germany shall not be placed on the market according to Article 14 (1) of Regulation (EC) No 178/2002 based on the laboratory’s analysis results, he/she has to notify the responsible authority immediately in writing or electronically on the date and result of the analysis, the analysis method employed and the party ordering the analysis.”

A negative food safety evaluation according to Regulation (EC) No 178/2002 requires notification. This food safety evaluation is not to the same as the evaluation whether a food can be placed on the market. Our institute will conduct food safety evaluations only on explicit request from the client because such an evaluation also concerns legal aspects, which means that many facts and of information about the sample must be available (cf. Article 14 of the Regulation (EC) No 178/2002).

If there is any doubt regarding the safety of a food (health hazard or large quality deviation), the DIL will always communicate with its client to clarify the matter prior to contacting the responsible authority. This approach mainly serves for preventing false reports.