FOOD INSPECTION - THE PRACTICAL DIFFICULT IES OF APPLYING 8 AND 17 (1) 1 OF THE GERMAN FOOD AND COMMODITIES ORDER (LMBG)

It is not appropriate for either legal or practical reasons to avoid a pplying sectional sign 8 LMBG. It must be proved that a product is har mful to health and this is so if it contains organisms pathogenic to m an. This is not a punishable offence provided that the necessary amoun t of care was taken by the manufacturer and the consumer. On the orthe r hand it is much more difficult to apply sectional sign 17 (1) 1 LMBG where there are no obvious changes in the product and its basically n auseating condition can be assumed rather than proved. With this kind of evidence compensation claims can be easily justified.