Food legislation in Germany: from LMBG to LFGB
The German Food and Feed Code (LFGB) entered into force on September 7th, 2005 via publication in the Bundesgesetzblatt (BGBl I 2005, 2618), replacing the Foodstuffs and Commodities Act (LMBG). LFGB is the overriding framework law in the field of food legislation in Germany, also covering commodities and materials which come into contact with food. Basically the new regulation is an update of the well-known LMBG and incorporates the changes which are necessary for the national implementation of European Directive 1935/2004/EC.
As with its predecessor, the LFGB covers a wide range of regulations related to food, feed, and commodities within its 74 paragraphs. However, the main elements regarding materials and articles in contact with food can be found in paragraph 30 (prohibitions for protection of health), 31 (transfer of substances into foodstuffs), and the new paragraph 33 (regulations for protection from deceit).
For manufacturers and importers/exporters of food-contact commodities, here are some key points to know:
This term was introduced in European Directive 1935/2004/EC. In essence, “active” materials and articles are those that are designed to actively release a substance (e.g. preservatives) into a foodstuff with the intention of extending its shelf-life, or maintaining or improving its condition. “Intelligent” materials and articles are those that monitor the condition of the food or its surrounding environment in the packaging.
The materials of a thermometer, incorporated in food packaging to indicate the maximum temperature which the food was exposed to during shipping, would be regarded as intelligent materials. Active and intelligent materials are now also covered by LFGB and subject to more specific regulations: according to the legal provision in place, such materials have to be authorized by the responsible authority.
§ 30 still covers prohibitions regarding the production, treatment, usage, or marketing of articles which may endanger human health during any intended or foreseen use.
According to this, materials and articles coming into contact with food, including active and intelligent materials and articles, should be manufactured in accordance with good manufacturing practices in such a manner that under normal and foreseeable conditions of use no substances should be transferred to food in quantities large enough:
a) to endanger human health
b) to bring about an unacceptable change in the composition of the food
c) to cause deterioration in its organoleptic properties
Food-contact materials and articles may no longer be brought onto the market with misleading labeling, information, or presentation. This applies to, e.g. metal articles labeled as 18/10 stainless steel (indicating the chromium/nickel content and representing a quality criteria) which are in fact merely 15/0 and therefore of lower quality. In this Article there is also a paragraph regarding extension of the authorization scope for fraud-protection/fraud-preclusion to other commodity goods, e.g., textiles. However, for the time being the legal restraint only applies to food-contact commodity goods.
When it comes to ensuring the suitability of food-contact products in the sense of § 30 LFGB and § 31 LFGB, we consider the following examinations procedures necessary:
1. Checks of general manufacturing and materials
2. Sensorial examination: transfer of taste and smell
3. Plastics – global migration/specific migration/heavy-metal content
4. Silicones – extractable substances/volatile organic compounds
5. Metals – composition/extractable heavy metals
6. Other – other materials or applications for specific requirements
Food-contact articles that have successfully passed LFGB testing by TÜV Rheinland are considered safe for food contact according to state-of-the-art criteria, and are well received by buyers around the world.
More details, please contact our chemical laboratory.
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