Zulassung als Sachverständiger für Gegenproben beantragen

As a private expert for counter samples, you require a license for the analysis of officially retained samples.

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

Economic operators can have the samples examined by private experts (counter-sample experts) at their own expense in order to refute complaints by the monitoring authorities and to be able to prove that they have fulfilled their duty of care.

As a private expert, you require a license to examine officially retained samples. You must have the required training in your respective field and have completed two years of practical work in this field. In addition to your technical competence, you must also be able to prove that you have a suitable testing laboratory to carry out the examination properly.

Only those private experts who are authorized for this activity by the competent authorities of the federal state in which they have their headquarters (headquarters of the laboratory) are authorized to test the cross-checks or duplicate samples (excluding animal feed) specified in Section 43 (1) sentence 2 of the Food and Feed Code and Section 42 (1) sentence 2 of the Provisional Tobacco Act.

The requirements for approval are described in the Counter Sampling Ordinance and the Counter Sampling Expert Testing Laboratories Ordinance.

• Application,
• Documents relating to professional qualifications (e.g. state-certified food chemist or veterinarian, other university degree), namely: evidence of relevant expertise and curriculum vitae,
• personal declaration of commitment,
• Certificate of good conduct according to § 30 BZRG.

All documents must not be older than one month.

Laboratory:

• Recognition within the meaning of Directive (93/99/EEC) for the test areas - accreditation,
• Declaration of employment.

The granting of approval as a cross-check expert is subject to a fee. The fees are determined in accordance with the applicable administrative cost regulations in conjunction with the corresponding schedule of administrative costs. Detailed information on this can be obtained from the competent authority.

There is no deadline for the application.
The competent authority must be informed immediately of any changes that affect the authorization or the aforementioned notification.

Special approval requirements apply. These are regulated in the Counter Sampling Ordinance and the Counter Sampling Expert Testing Laboratories Ordinance.

A nationwide list of officially approved counter sample experts is available on the homepage of the Federal Office of Consumer Protection and Food Safety (BVL).
Further information on food safety can also be found there.

To the Ministry of Agriculture, Rural Areas, Europe and Consumer Protection (MLLEV).

The application for approval as a cross-checking expert in accordance with § 43 of the German Food and Feed Code (LFGB) can be submitted informally.