Landungsbrücken

Authority for Justice and Consumer Protection

Food safety: Authorization of private experts for cross-checks

If you provide cross-checks and/or duplicates i. S. of § 43 para. 1 sentence 2 LFGB on behalf of a company, you need a permit for this activity. This can be applied for at the Authority for Justice and Consumer Protection.

Important notes

Prerequisites

The requirements for approval are described in the Control Samples Ordinance and in the Control Samples Expert Testing Laboratories Ordinance:
Only the following may be admitted as cross-check experts:

  1. Food chemists with a state examination to become a state-certified food chemist,
  2. Licensed veterinarians with a qualification as a specialist veterinarian in the examination area applied for for approval (requested examination area) or as a specialist veterinarian for public veterinary services or
  3. Persons with scientific university degrees if they can prove relevant technical and legal knowledge by means of suitable documents. The competent authority can have the documents explained to them.

Requirements:
  1. provide evidence of two years of investigation and assessment experience in the requested investigation area, taking into account the requirements specified in Annex 1,
  2. have a testing laboratory according to § 5, which has the appropriate accreditation for the area of investigation applied for.

Documents required

All documents, with the exception of training and qualification certificates, must not be older than three months.

  • Testing laboratories according to § 5 GPV (accreditation according to Art. 37 Para. 4 lit. e) i. V. m. Para. 5 VO (EU) 2017/625Declaration on employment relationship
  • commitment declaration
  • Documents on the professional qualification of a state-certified food chemist or veterinarian
  • other university degree, namely:
    • Evidence of relevant expertise
    • technical talk
  • Statement of Integrity/Impartiality/Independence for Conduct of Business
  • Certificate of good conduct according to § 30 BZRG
  • Explanation, criminal and prosecutorial investigations

Deadlines

There is no deadline for submitting an application. The competent authority must be notified immediately of any changes that affect the approval or the notification mentioned above.

Procedure & Fees

Procedure

  • The application must be submitted to the BJV in full, enclosing all the necessary documents and evidence
  • The application will be checked and any missing documents will be requested once.
  • The application will be decided by notification. In addition, a fee notice will be issued.

Processing time

None

Fees

The granting of approval as a cross-check expert is subject to a fee. The fees are determined according to the applicable administration cost regulations in conjunction with the administration cost schedule issued for this purpose.




Fees according to tariff no. 1.1.6 of the fee schedule for public consumer protection (GebOöV). The fees are charged based on expenditure.

Service description

As part of the official monitoring of food and consumer goods, random samples are taken from food, cosmetics, consumer goods and tobacco products to check their marketability.

Economic operators can have the samples examined by private experts (cross-checking experts) at their own expense in order to refute complaints from the supervisory authorities and to be able to prove that they have fulfilled their duty of care.
As a private expert, you need a license to examine officially abandoned samples. You must have the required training in your respective field and have completed two years of practical work in this field. In addition to your professional competence, you must also be able to prove that you have a suitable testing laboratory to carry out the examination properly.

Only private experts who are authorized for this activity by the responsible Authorities of the federal state in which they have their headquarters are approved. Persons from another country who want to work as a cross-check expert in Germany temporarily and occasionally as part of the provision of services must notify the competent authority in writing of their activity as a cross-check expert before taking action for the first time and attach certain documents to the notification.

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Address and contact information

Address

Authority for Justice and Consumer Protection
Food Safety
Billstraße 80a 20539 Hamburg

Facility info

Public transport

S2 / S21 Rothenburgsort, buses 120/122/124/130/160/224/530 Rothenburgsort

Public Service Disclaimer

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