The activity requiring a license may not be commenced until the license has been granted. The procedure is application-based. An on-site inspection is conducted to verify whether the requirements under food law have been met.

There are exceptions to the licensing requirement, some of which are complex (e.g., primary production, retail trade in certain cases). It is therefore advisable to inquire with the competent licensing authority or the district administrative authority.

The licensing decision does not affect any other required permits, such as building permits, permits under the Immission Control Act, etc. This depends on the specific case and should be clarified with the competent licensing authority—usually the district administrative authority (district office or independent city).

The following food businesses require EU authorization, regardless of whether they operate only domestically or also within the EU:

Meat processing facilities/poultry meat processing facilities

• All establishments with their own slaughter facilities
• Establishments that supply more than one-third of their production volume to other establishments

Dairy operations

All establishments that treat or process milk from other establishments require authorization and an authorization number:

• Milk collection centers
• Standardization facilities
• Milk treatment and processing facilities

Other establishments

Other establishments that handle products of animal origin, such as direct sellers.

 

Approval number

Upon approval, the facility also receives the approval number required for intra-Community trade.

Since January 1, 2006, a so-called identity mark must be affixed to treated products of animal origin in approved food establishments—with the exception of the health mark on carcasses. The identity mark consists of two letters indicating the member state and federal state (e.g., DE), the approval number for the respective establishment, and the abbreviation for the European Economic Community (EEC) or European Union (EU). The identification mark is an important prerequisite for the traceability of products.

The following exceptions to the approval requirement apply:

There are some complex exceptions to the licensing requirement:

• Primary production, as well as the sale of small quantities of primary products to end consumers or local retail businesses, does not require authorization.
• Likewise, no authorization is required for the sale of small quantities of poultry and lagomorph meat by the producer, or for the sale of small quantities of game or game meat by the hunter to end consumers and local retail businesses.
• Businesses that handle, process, or store food of animal origin at the point of sale or distribution to end consumers (retail) and that supply no more than one-third of their products of animal origin to other local retail businesses do not require a license. Retail businesses also include restaurants and eateries.

In this context, branch locations are considered independent retail businesses.

It is advisable to check with the relevant licensing authority or the district administrative authority.

Butcher shops and restaurants that slaughter their own animals require a slaughter license in all cases.

The regulations allow for flexible implementation, so that obtaining a license does not pose an insurmountable hurdle for the businesses concerned.