Food that is not safe makes people ill. Infants, small children, pregnant women, older people and people who are ill are at particular risk. Food law protects guests and customers. This course shows you what you need to know and do.
What this course is – and what it is not
- The course is food hygiene training. It covers the subjects for which section 4 of the Food Hygiene Regulation (Lebensmittelhygiene-Verordnung, LMHV) and Annex II, Chapter XII of Regulation (EC) No 852/2004 require training: anyone who handles food is trained in food hygiene.
- The course is not the instruction under section 43 of the Infection Protection Act (Infektionsschutzgesetz, IfSG), which people call the “red card” or, under the old law, the “health certificate” (Gesundheitszeugnis). Only the public health office (Gesundheitsamt) or a doctor it has appointed may give the initial instruction. After it, you declare in writing that you know of no reasons for an activity ban. This course does not replace it.
- This course also does not replace the follow-up instruction (every two years). Your employer arranges it.
- DIN 10514 (“Food hygiene – hygiene training”) is a standard. It serves as a guide for training courses. This course does not claim to meet this standard.
- The course does not replace the induction at your own workplace. Your business must give that itself.
The main legal sources
- Regulation (EC) No 178/2002 (General Food Law). Unsafe food must not be placed on the market (Article 14). Food business operators are responsible for the safety of their products (Article 17). They must be able to trace goods (Article 18) and withdraw unsafe goods from the market (Article 19).
- Regulation (EC) No 852/2004 on food hygiene. It applies to all food businesses, from a snack bar to a factory. It sets the general hygiene requirements (Annex II), the procedure based on HACCP principles (Article 5) and the registration of businesses (Article 6).
- Regulation (EC) No 853/2004 and the Animal Food Hygiene Regulation (Tierische Lebensmittel-Hygieneverordnung, Tier-LMHV) with rules for food of animal origin such as meat, milk and eggs.
- Regulation (EC) No 2073/2005 with microbiological criteria for food.
- Food Hygiene Regulation (LMHV). It adds to the EU rules in Germany. Section 3 requires that food is protected from harmful influences with the care that trade requires. Section 4 covers training.
- Food and Feed Code (Lebensmittel- und Futtermittelgesetzbuch, LFGB), the main German law on food.
- Infection Protection Act (IfSG), sections 42 and 43: activity bans in case of illness, and the instruction.
- Regulation (EU) No 1169/2011 (Food Information Regulation, LMIV) and the German LMIDV on labelling and allergens.
What section 4 LMHV requires
- Perishable food may only be made, handled or placed on the market by people who are trained. They need specialist knowledge that fits their work.
- The knowledge relates to the subjects of Annex 1 to the LMHV. These include, for example, food law, goods checks and labelling, the business's own checks and traceability, crisis management, chilling and storage, and cleaning and disinfection.
- The knowledge must be proven when the competent authority asks for it.
- Exception: Anyone who only weighs, measures, stamps, prints or places on the market packaged food does not have to be trained under this rule. Primary production is also excluded.
- Presumption: Anyone with scientific or vocational training that teaches food hygiene is considered trained for a suitable job.
- Annex II, Chapter XII of Regulation (EC) No 852/2004 says it in general terms: the operator makes sure that people who handle food are supervised and instructed and/or trained in food hygiene matters in line with their work.
- The law sets no fixed deadline for repeating the training. But training should take place regularly. In their leaflets, many food control authorities (Lebensmittelüberwachung) expect a refresher at least once a year. The business should document the training.
Who is responsible for what?
- The business is responsible for safe food. It trains, supervises and sets up the own checks.
- You, as an employee, follow the rules, look after your hygiene and report problems.
- The food control authority (Lebensmittelüberwachung) of the federal states and municipalities (for example the veterinary and food control office) inspects businesses.
Inspections
Inspections usually come without warning. Inspectors look at premises, goods, records and procedures, talk to staff and can take samples. If they find faults, they can demand improvements, impose fines or object to goods. In serious cases, a business can also be closed.
Key points
- Section 4 LMHV requires training for everyone who makes, handles or places on the market perishable food.
- Only the public health office or an appointed doctor gives the initial instruction under section 43 IfSG.
- The business is responsible for safe food, and you are responsible for your own actions.
- Documented training and own checks show an inspector that the business knows its duties.