Authority for Justice and Consumer Protection

Apply for approval as an expert person for counter samples in food safety

Prerequisites

The requirements for approval are described in the Counter Sample Ordinance and the Counter Sample Expert Testing Laboratory Ordinance:

Only the following may be admitted as counter-sample experts:

• Food chemists with a state examination as a state-certified food chemist,
• licensed veterinarians with a qualification as a specialist veterinarian in the area of investigation applied for for approval (applied for investigation area) or as a specialist veterinarian for public veterinary services or
• Persons with university degrees in natural sciences, if they can prove relevant technical and legal knowledge through suitable documentation. The competent authority can ask for the documents to be explained.

Requirements:

• provide evidence of two years of investigation and assessment experience in the proposed investigation area, taking into account the requirements set out in Annex 1,
• have a testing laboratory in accordance with Section 5 which has the appropriate accreditation for the requested investigation area.

You must have the training required in your respective field and have two years of practical experience in that field. In addition to your professional competence, you must also be able to prove that you have a testing laboratory suitable for carrying out the test properly.

Documents required

All documents, except for training and qualification certificates, must not be older than three months.

• Testing laboratories according to Section 5 GPV (accreditation according to Art. 37 Para. 4 lit. e) in conjunction with Para. 5 Regulation (EU) 2017/625Declaration of employment relationship
• commitment declaration
• Documents on professional qualifications as a state-certified food chemist or veterinarian
• other university degree, namely:
  • Evidence of relevant expertise
  • Technical discussion
• Declaration of personal reliability/impartiality/independence for the performance of duties
• Certificate of good conduct according to § 30 BZRG
• Declaration, criminal and prosecutorial investigations

Please note

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

Economic operators may have the samples examined by private experts (counter-sample experts) at their own expense in order to refute any objections raised by the supervisory authorities and to demonstrate that they have complied with their duty of care.

Only private experts who are approved for this activity by the competent authorities of the federal state in which they have their headquarters are authorized to examine the counter or second samples (excluding animal feed) specified in Section 43 Paragraph 1 Sentence 2 of the Food and Feed Code and Section 42 Paragraph 1 Sentence 2 of the Provisional Tobacco Act. Persons from another country who wish to temporarily and occasionally exercise the profession of counter sample expert in Germany as part of the provision of services must notify the competent authority in writing of their activity as a counter sample expert before starting work for the first time and enclose certain documents with the notification.

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

• Submit the application in full to the responsible authority, enclosing all required documents and evidence.
• The application will be reviewed and any missing documents may be requested once.
• The application will be decided by notice.

In addition, a fee notice will be issued.

Processing time

None

Fees

The granting of approval as a counter-sample expert is subject to a fee. The fees are determined according to the applicable administrative cost regulations in conjunction with the administrative cost list issued for this purpose.




Fees are charged for the approval of private counter-sample experts in accordance with tariff number 1.1.6 of the fee schedule for public consumer protection (GebOöV). The fees are charged based on the amount of work involved.

Legal remedies

contradiction

Legal basis

• § 43 Food, Commodity and Feed Code (LFGB) §§ 2 ff.


• Control Sample Ordinance (GPV)


• Crosscheck Expert Testing Laboratory Ordinance (PruflabV)