Draft amendment of the Food Safety and Consumer Protection Act (LMSVG)
A draft amendment to the LMSVG is currently being discussed in parliament. Although the self-proclaimed purpose of the amendment is to bring it into line with EU regulations, there are also some changes that go beyond this.
The expansion of the catalog of measures in § 39 LMSVG is particularly noteworthy. If the authority establishes a violation of food law regulations, the measures listed in § 39 LMSVG (in particular) can be imposed by means of a decision. These include, for example, a ban on placing the product on the market or a recall from the consumer. In addition, there is now also "the shutdown of websites operated or used by the entrepreneur". This change is not addressed in the explanatory notes to the draft amendment. It is not clear in which constellations this measure should be necessary and proportionate. Ultimately, the authorities may only intervene to the extent necessary to remedy a violation. Experience has shown that a request to adapt the labeling, a ban on placing the product on the market or a recall would already remedy the situation.
It remains to be seen whether and when the amendment to the LMSVG will be passed. We will keep you informed.
Here you can read the text comparison as well as explanatory notes.