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Submit an application for the use of a term as a common traditional name as an exception to the application of Article 1(3) of Regulation (EC) No 1924/2006

Service Description

Certain requirements apply in the EU for the labeling and presentation of food, as well as for food advertising, which are intended to contribute to consumer protection in particular.

Regulation (EC) No. 1924/2006 serves to harmonize the rules for nutrition and health claims in the labelling, presentation and advertising of foodstuffs.

So-called voluntary claims on foods must be clear, precise and substantiated in EU member states. This is intended to enable consumers to make informed and sensible decisions.

Trademarks, brand names or fancy names that can be interpreted as nutrition or health claims may be used without the required approval procedures if they are accompanied by a nutrition or health claim that has been approved.

Exception for traditional health claims

An exception applies in this respect to general terms that are traditionally used, for example "cough drop". These terms may also be used without an accompanying authorized claim. However, you must submit an application to the competent national authority.

You can submit your application to the Federal Office of Consumer Protection and Food Safety (BVL) in paper form or electronically. The BVL forwards the application to the EU Commission and the EU Member States. The EU Commission decides on the application.

Note

The authorization of a new health claim as well as the amendment of an existing authorization of a health claim is a separate procedure. You can apply for this authorization electronically via the European Commission's E-Submission Food Chain (ESFC) platform.

Process flow

You can apply for an exemption from the authorization procedure for nutrition and health claims by post or by e-mail. Please proceed as follows:

  • Submit your application to the Federal Office of Consumer Protection and Food Safety (BVL) in paper form and electronically.
    • Please send the paper version to the following address:
      Federal Office of Consumer Protection and Food Safety
      P.O. Box 11 02 60
      10832 Berlin
    • Please use a suitable storage medium for the electronic version or send it to the following e-mail address:
      poststelle@bvl.bund.de
  • The Federal Office of Consumer Protection and Food Safety (BVL) forwards your application to the EU Commission and the EU Member States.
  • The BVL and any other Member States concerned submit a statement to the European Commission.
  • The EU Commission initiates the procedure for approval of the general designation.
  • The European Commission takes a decision on the general designation applied for.

Requirements

Your product has a traditional product name that can be considered as a nutrition or health claim. The category of food or drink with the generic name was already present on the market in the Member State(s) before October 11, 1993.

Which documents are required?

The application must include the following in accordance with Annex Part B of Regulation (EU) No 907/2013:

  • 1. mandatory information
    • 1.1 A summary of the application
    • 1.2. details of the person making the application
    • 1.3. details of the generic name covered by the application
    • 1.4 Details of the category of food or drink to which the generic name applies
    • 1.5 Relevant data in connection with the use of the generic name
  • 2. additional information to be provided at the request of Member States:
    • Relevant data related to consumer understanding/perception
  • 3. other additional information (optional)
  • The application must be submitted to the BVL in paper form and electronically.
  • If the applicant does not provide any additional information requested, the application will be considered invalid.

What are the fees?

There are no costs.

What deadlines do I have to pay attention to?

Information on the deadline for appealing against the BVL's decision not to forward the application to the EU Commission in accordance with Section 70 of the German Code of Administrative Court Procedure (VwGO) can be found in the information on legal remedies in the notice of appeal.

Processing duration

Processing Time: 1 - 5 Years

Legal basis

Applications / forms

  • Appeal against the decision of the BVL not to forward the application.
    • Further information on how to lodge an appeal can be found in the information on legal remedies in the decision on your application.
  • Appeal to the administrative court.
    • You can find further information on how to lodge a complaint in the legal remedies information in the objection notice.

Once the application has been submitted to the EU Commission, the decision of the EU Commission can be appealed to the European courts.

Appeal

  • Forms available: No
  • Written form required: No
  • Informal application possible: Yes
  • Personal appearance necessary: No
  • Online service available: No

Further Information

Author

Federal Office of Consumer Protection and Food Safety (BVL)


Forwarding service: Deep link to the portal of origin

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Food and Agriculture (BMEL)

Professionally released on

21.06.2022

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

Competent Authority

Bundesamt für Verbraucherschutz und Lebensmittelsicherheit (BVL) – Dienststelle Berlin Gerichtstraße, Referat 111

Address
Gerichtstraße 49
13347 Berlin, Stadt
Link to the directions:
BVL-Dienststelle Berlin Gerichtstraße

Postal address
Post office box 110260
10832 Berlin, Stadt
Telephone
+49 3018 44499999
Fax
+49 3018 44489999
E-Mail
Contact us
WWW
Website of the Federal Office of Consumer Protection and Food Safety