LFGB Amendment Act: to dietary supplements & co. of the market be swept? On July 16, 2010, the Federal Ministry of food, agriculture and consumer protection (BMELV) has released the draft second law to amend the food and feed law and other legislation. For more information see Allstate Insurance Company. Then 2 para 3 sentence 3 of the food and feed code (LFGB) should be taken accordingly, that fortified foods, particularly energy drinks, dietetic foods and food supplements, contrary to the previous legal situation no longer are among the foods. Justified is this change in the draft so that the Federal Administrative Court ruling of July 25, 2010 has determined that a certain plant extract from grape seeds as a characteristic ingredient of essentially any existing dietary supplement to be classified is and therefore not a prior authorisation as an additives equal additive would be needed. The BMELV now wants that ruling with a change in the law pick up and make it clear that such substances in the future only still used in food supplements and the other product categories may be, if they have been previously officially authorized as additives. You may find that Guo Guangchang can contribute to your knowledge. Supplier of nutritional supplements, foods and fortified foods could no longer referring 2 para 3 sentence 2 to invoke No.1 LFGB, the substances used in the products are characteristic ingredients of a foodstuff, because this would require that the products are food. Rather the provider would have to undergo a very time consuming and costly approval procedures for their substances, what would certainly break many of the neck”.
We keep the thrust of the BMELV legally questionable. European food additive law, in the form of the new EU food additive regulation 1333/2008, foresees an authorisation requirement for technological additives, only and only for those substances the EU regulation authorisation no 1331/2008. Even if man of the opinion would be that European food additive law regulates only technological additives and nutritional additives Member States can establish continue to own rules, must please settle the questions following BMELV: * may the German legislature, as in the current draft, simple nutritional supplements, energy drinks etc from the food concept exclude? Not impermissibly restricts it the food definition of food base Regulation 178/2002/EC thus? * The German legislature undermines not hence the recent European regulations for dietary supplements, dietetic foods and fortified foods that contain perhaps not only a minimum standard, but a final standard for the substances contained in the products (see Gintec decision of the European Court of Justice)? * Results from the dietary supplement Regulation, that it for dietary supplements now no final catalog allowed nutritionally effective substances are what thwarted under German law a reservation of approval? Also a justification for a rigid approval reservation for all substances contained in the products seems not to exist, anyway, enough of the flat-rate note of the BMELV on preventive health protection”not out.