Food business

The first consideration should be whether the premises you are intending to use for storing, preparing, cooking, selling and serving food

• have the correct planning permission and building regulations approval

AND

•  comply to food hygienic standards.

 

1. Planning permission and building regulations approval

Is your mobile vending operation going to be located on private property? Before applying for permits or licences from the Licenses and Consumer Services inspectors offices [Bezirksinspektion] verify if your preferred location is a good candidate for zoning approval. Zoning refers to municipal or local laws and regulations that govern how land may be used. Each zone allows certain activities or uses and prohibits others.

You need to deal with building regulations not only when constructing a new building or expanding an existing workspace but also when modifying rooms within a building. And furthermore, building regulations may also be relevant when merely renting premises for your business, depending on the intended use. If you wish to use rooms that were previously used for other purposes than your future business facility, you will need to apply for a change of use. For example, is it feasible to convert an office to a yoga studio under the zoning code? Inquire about any parking requirements, too.

The local construction authority [Lokalbaukommission] based at the Munich Department of Urban Planning enforces these zoning regulations, reviews projects and proposals for compliance, and issues certain permits. Please check with Lokalbaukommission to determine if sales and service uses are allowed at your preferred location. Confirm property owner consent, too. We strongly recommend clarifying building regulations prior to signing any contracts such as a commercial lease agreement, a loan agreement or other legally binding documents.

2. Food hygiene standards

Information on the cleanliness and maintenance of all your establishment’s rooms, outdoor facilities, equipment, machines and devices can be found in the “Online Help for Food Hygiene” portal. Please select the categories “Hygiene in the workplace” and “Production hygiene” to learn more:

• Food processing businesses
• Food retailers
• Pubs, Cafés and Snack Bars
• Mobile Snack Bars and Food Stalls

Turn to your local Licenses and Consumer Services inspectors offices [Bezirksinspektion] for information and advice.

Are you considering a home-based food business? Please see the section below.

Food must not pose a risk to health and must be of flawless quality. Personal and hand hygiene, correct handling of food and cleanliness in the kitchen and in the entire business are vital. Record keeping, food tracking and tracing are mandatory. The Federal Ministry of Food and Agriculture explains about food hygiene and safety:

• Understanding food safety – Facts and background  in English
• Understanding food safety – Facts and background  in Russian
• Hygiene Rules in the Catering Sector (PDF, 249 KB)

Health instruction certificate from the Public Health Office – Belehrungen nach §43 Infektionsschutzgesetz

Clearance certificate from the Public Health Office [Gesundheitsamt] of undergone a one-hour online course for the food business in accordance with § 43 Para. 1 of the German Infection Protection Act (IfSG), the so called „Erstbelehrung bei gewerbsmäßigem Umgang mit Lebensmitteln“ (= Belehrungen nach §43 Infektionsschutzgesetz). The online course is available in German and English. Optional subtitles are offered for Arabic, Bulgarian, Chinese, French, Greek, Italian, Japanese, Korean, Kurdish, Polish, Portuguese, Romanian, Russian, Spanish, Turkish or Ukrainian languages. A fee of 25 Euro is charged when you register for the course. Please note that the certificate (PDF, 76 KB) must not be older than three months when registering your business. Make sure your staff have attended the initial course and follow the refresher trainings on a two year basis, too.  The Munich Food Control and Inspection Unit [Lebensmittelüberwachung] provides details in their information sheet (PDF, 75 KB).

Food hygiene training certificate – Lebensmittelhygieneschulung nach § 4 LMHV

Are you going to handle easily perishable food such as meat, sausage, fish including crustaceans, shellfish and mollusks, raw egg foods, mayonnaise products, sensitive salads, raw milk, dairy products, cakes with whipped cream, bakery products with unbaked or unheated filling or topping, raw vegetable salad, fruit salad or sprouts? Then you are required to attend a one-day course in accordance with the § 4 of the Ordinance on the Hygiene Requirements for the Production, Handling and Placing on the Market of Foods [Lebensmittelhygieneschulung nach § 4 LMHV]. Courses are offered nationwide by various authorized trainers. Check with your desired trainer for dates, fees and language options. The local IHK affiliate, the IHK Akademie München, conducts an in-person course in Munich but expects a good level of German. Make sure your staff have attended the initial course and follow the refresher trainings on an annual basis, too. The Munich Food Control and Inspection Unit [Lebensmittelüberwachung] provides details in  their information sheet (PDF, 72 KB).

Additional registration at the local food control authority – Registrierung von Lebensmittelunternehmen

Food businesses need to be registered at Munich Food Control and Inspection Unit [Lebensmittelüberwachung]. In Munich the Trade Office [Gewerbeamt] will pass through the information to this authority once you have done your business registration [Gewerbeanmeldung]. Therefore no separate registrations are necessary.

Recordkeeping and self-monitoring – Betriebliche Eigenkontrolle

All food business operators are required to establish, maintain, and make available to municipal food inspectors upon request certain records that will allow them to identify all food products handled by their business and that Good Manufacturing Practice regulations are followed to produce food under safe and sanitary conditions. This includes an accurate and complete food traceability. The self-monitoring plan [Betriebliche Eigenkontrolle] enables you to ensure the safety of customers and personnel and to comply with statutory guidelines. The Hazard Analysis and Critical Control Points (HACCP) is such a self-control system based on a risk analysis.  The Munich Food Control and Inspection Unit [Lebensmittelüberwachung] provides details in their information sheets:

• self-monitoring plan [Betriebliche Eigenkontrolle] (PDF, 94 KB)
• food tracking and tracing [Rückverfolgbarkeit von Lebensmitteln] (PDF, 62 KB)

Allergen information – Kennzeichnung von Allergenen und Zusatzstoffen

You must provide allergen information to consumers and handle and manage food allergens and food additives adequately in your business.  The Munich Food Control and Inspection Unit [Lebensmittelüberwachung] provides details in several information sheets and templates available for download on their website in the section “Kennzeichnung von Lebensmitteln”.

Online Portal: Help for food hygiene

The IHK Online Portal: Help for Food Hygiene is available in English, Chinese (Mandarin) and Turkish. It offers a quick and up-to-date overview of all the important food hygiene topics, including tips and free checklists available for download.

Are planning to prepare food or serve liquor, wine or beer to customers?

You will need to apply for a gastronomy trade license [Gaststättenerlaubnis (=Konzession)] at the local authority “Bezirksinspektion”. Costs vary between 100 Euro and 6,000 Euro depending on the specific size, location and type such as café, restaurant, snack bar of the business. To find out which of the Bezirksinspektion offices is competent for you: scroll down this page until header “Ermitteln der für Sie zuständigen Stelle” and enter the street address of your premises into the entry field.

For questions concerning the gastronomy trade license or running a food business at a specific address or place in Munich, you may contact the Licenses and Consumer Services inspectors office [Bezirksinspektion] assigned to this area of the city.

For general questions concerning regulations for restaurant business you may contact the City’s Department of Public Order (KVR, short for Kreisverwaltungsreferat) by phone 089 233-24659 or by e-mail gaststaetten.kvr@muenchen.de

Prerequisites and documents required along with the application (PDF, 259 KB):

1. Proof of Personal reliability
2. Proof of expert knowledge
3. Legal requirements for appropriate food premises in terms of food safety and building regulations

Proof of personal reliability

• Certificate of good conduct for presentation to an authority [Polizeiliches Führungszeugnis]
• Excerpt from the central business register for presentation to an authority [Auszug aus dem Gewerbezentralregister]
• Tax Clearance Certificate (steuerliche Unbedenklichkeitsbescheinigung) from the tax office [Finanzamt] and city treasury [Stadtkämmerei]

Proof of expert knowledge

• Certificate from the Chamber of Commerce and Industry [IHK] of undergone a one-day training course for the gastronomic business pursuant to § 4 of the Gastronomy Act (Gaststtättengesetz – GastG), the so called Gastwirteunterrichtung. Courses are offered in German, English, Chinese, Greek and Italian. Please check with the local IHK for dates and fees.
• Clearance certificate from the Public Health Office [Gesundheitsamt] of undergone a one-hour online course for the food business in accordance with § 43 Para. 1 of the German Infection Protection Act (IfSG), the so called „Erstbelehrung bei gewerbsmäßigem Umgang mit Lebensmitteln“ (= Belehrungen nach §43 Infektionsschutzgesetz). Make sure your staff have attended the initial course and follow the refresher trainings on a two year basis, too. Please see the section “Food hygiene: courses, permits and other requirements” on this page for further information.

Premises

• Purchasing or rental contract including site and floor plans of your premises.
• A written clearance from the Local Building Commission [Lokalbaukomission LBK] may be needed if you are required to change the usage of premises or plan any reconstruction measurements.
• Please have a look at our information on building regulations.

From snack bars and cafés to bistros and restaurants, start-ups in the gastronomy sector are very popular. A well thought-out concept, solid financing, and motivated staff are key to success.

There are a lot of legal framework conditions that need to be considered such as doing business in public spaces, opening hours, the protection of minors, toilets, noise control and smoking regulations, GEMA (the organization which regulates music usage rights in Germany), media license fees, grease traps, and disposing of kitchen waste. Please have a look at our more detailed founding information for restaurant business [German] using a translation tool of your choice.

For general questions concerning regulations for restaurant business you may contact the City’s Department of Public Order (KVR, short for Kreisverwaltungsreferat) by phone 089 233-24659 or by e-mail gaststaetten.kvr@muenchen.de

For questions concerning running a food business at a specific address or place in Munich, you may contact the Licenses and Consumer Services inspectors office [Bezirksinspektion]  assigned to this area of the city. The Bezirksinspektion is part of the Department of the Public Order (Kreisverwaltungsreferat or KVR) and has five office locations within the City of Munich. To find out which of the Bezirksinspektion offices is competent for you: scroll down this page until header “Ermitteln der für Sie zuständigen Stelle” and enter the street address of your premises into the entry field.

Please have a look at our more detailed information for starting a mobile catering business [German] using a translation tool of your choice.

Most mobile traders are required to apply for a travelling trade licence (Reisegewerbekarte). However, only if non-alcoholic drinks and prepared food are sold for consumption on the spot. Since the Federal Catering Act still applies in Bavaria, a permit (§12 Catering Act) is required from the competent authority when serving alcoholic beverages, as was previously the case. However, this can only be granted if there is a special reason.

Possible sales locations for a mobile food business:

• Public ground such as roads, sidewalks, places and pedestrian zones
  According to the City of Munich’s special regulation § 20 Abs. 6 Sondernutzungsrichtlinien it is not allowed to park snack vans, food trucks, coffee bikes and other vehicles on public ground. Such mobile stalls may generally only be positioned on private property. There are a few exceptions such as organized events like street festivals or fairs that are taking place on public ground and do include mobile stalls.
• Along the Isar river (Isarauen and Flaucheranlagen)
  Mobile traders such as snack vans, food trucks, coffee bikes, trolleys and others are not permitted for these reasons. Operators of bikes selling ice cream in a cone can apply for an exception during the hot summer months by submitting a hygiene concept to the Licenses and Consumer Services inspectors office [Bezirksinspektion] of the City’s Department of Public Order (KVR, short for Kreisverwaltungsreferat). Please note that the sale of packaged ice cream is not permitted at any time of the year.
• Englischer Garten
  This large inner-city park is owned by the State of Bavaria. Contact the administration at gvenglischergarten@ bsv.bayern.de for further information on commercial usage of the park.
• Private property such as company premises
  An approval of the property owner is necessary as well as toilet access, power connection, water and wastewater connection. Examples are supermarket or company parking spaces or other private grounds.
• Festivals, fairs and sports events
  Apply directly to the organizer of the event. Information on municipal markets and festivals is available here.

Important: If you plan to use a specific sales location for more than 3 months or use it long-term on a regular basis like once a week, you have to apply for a building permit from the Local Building Commission [Lokalbaukomission LBK].

For general questions concerning regulations for restaurant business you may contact the City’s Department of Public Order (KVR, short for Kreisverwaltungsreferat) by phone 089 233-24659 or by e-mail gaststaetten.kvr@muenchen.de

For questions concerning running a food business at a specific address or place in Munich, you may contact the Licenses and Consumer Services inspectors office [Bezirksinspektion] that is assigned to this area of the city. The Bezirksinspektion is part of the Department of the Public Order (Kreisverwaltungsreferat or KVR) and has five office locations within the City of Munich. To find out which of the Bezirksinspektion offices is competent for you: scroll down this page until header “Ermitteln der für Sie zuständigen Stelle” and enter the street address of your premises into the entry field.

Selling products at markets, festivals and fairs are one way to test your product with customers or expand an existing business. Most importantly, it allows you to interact with your customers. Learn more about Munich’s food markets, festivals and fairs on our website.

The Munich Food Control and Inspection Unit [Lebensmittelüberwachung] has issued an information sheet for food stalls (PDF, 138 KB). Further information sheets on food hygiene, food labeling, food allergy and food additives warnings, obligation of food tracking and tracing, food delivery services, food trucks, food hygiene training certificates, record-keeping and self-monitoring, registration at the local food control authority are available for download on the website of the Munich Food Control and Inspection Unit [Lebensmittelüberwachung]. Please direct any questions to the Licenses and Consumer Services inspectors office [Bezirksinspektion] assigned to your neighborhood.

Are you planning to have tables and seating areas outside on the pavement or on public ground? For questions on these “Freischankflächen” you need a special use permit. Apply for it at the Licenses and Consumer Services inspectors office [Bezirksinspektion] that is assigned to this area of the city. To find out which of the Bezirksinspektion offices is competent for you: scroll down this page until header “Ermitteln der für Sie zuständigen Stelle” and enter the street address of your premises into the entry field. Please note that the processing of your application may take up to three months. A separate building permit is required for outdoor seating areas larger than 40 square meters (PDF, 675 KB)

Are you already running a business and are planning to add food or beverages for consumption on your premises to your services? Contact your Licenses and Consumer Services inspectors office [Bezirksinspektion] to learn more. To find out which of the Bezirksinspektion offices is competent for you: scroll down this page until header “Ermitteln der für Sie zuständigen Stelle” and enter the street address of your premises into the entry field.

When running your food business from home this may affect the use of the building, or the activities that you undertake have an effect on the area where you live. If you plan to use your kitchen or a storage room at home for commercial purposes, please always clarify beforehand with the local construction authority [Lokalbaukommission]  if your future business activities will be in accordance with the building and zoning regulations. This includes the building itself, the type of area it is located, e.g. a residential or commercial zone as well as the effects your business might have on your neighbors in terms of noises, smells, operating hours, traffic or parking.  In many cases home-based food business do not meet all the criteria.

Verify with the Wohnungsamt of the Munich Social Services if you require a permit to use your home for non-residential purposes. As a general rule, you can only use housing for non-residential purposes with the permission of Munich Social Services. Misuse of housing, the so-called “Zweckentfremdung”, is prohibited in Munich.  More information on Zweckentfremdung and an English video tutorial.

In addition to meeting the building regulations for commercial premises and making sure that there is no misuse of housing, food regulations such food hygiene do apply fully. Information on the cleanliness and maintenance of all your establishment’s rooms, outdoor facilities, equipment, machines and devices can be found in the “Online Help for Food Hygiene” portal. Besides you need to ensure that family use of the kitchen for instance by children, pets or other people, is separate from business use. It is very difficult to achieve the high standards of hygiene required by law in a domestic kitchen including proper storage. According to the competent authority in Munich, the Licenses and Consumer Services inspectors office [Bezirksinspektion] assigned to your neighborhood hardly any home-based food businesses meet these standards. Therefor the Food Control and Inspection Unit [Lebensmittelüberwachung] in general does not permit home-based food businesses.

• Information sheet on restrictions for home-based food businesses (PDF, 71 KB)
• Further information sheets on food hygiene, food labeling, food allergy and food additives warnings, obligation of food tracking and tracing, food delivery services, food trucks, food hygiene training certificates, record keeping and self-monitoring, registration at the local food control authority are available for download on the website of the Munich Food Control and Inspection Unit [Lebensmittelüberwachung].
• Turn to your local Licenses and Consumer Services inspectors offices [Bezirksinspektion] for information and advice.

Sharing commercial space such as a commercial kitchen with a restaurant, café or canteen in the off hours might be a good option. Ask your network, contact potential partners  or have a look online for example at Munich Startup’s room pinboard and read their interview with a Munich startup connecting people offering and people in need of commercial space.

For regulations on safe food handling please see the section above.

As craft-trade regulations may play a role it might be necessary to engage a master craftsman. Contact the Chamber of Skilled Crafts [Handwerkskammer, HWK] in advance in order to find out whether your business requires a permit and which preconditions you have to fulfil.

Meat, poultry meat and dairy establishments and other establishments handling products of animal origin generally require EU approval. The EU approval is required by the following food businesses, regardless of whether they operate only domestically or also within the EU:

Meat establishments

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

Dairy establishments

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

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

Other establishments

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

Information and advice

• An English language overview has been made available by the City of Erlangen on their website.
• For German language information by the City of  Munich turn to municipal veterinary office.
• To apply for the EU-approval contact to the Government of Upper Bavaria [Regierung von Oberbayern]

When you have thoroughly reviewed your business idea, the next step is to prepare a solid business plan.  In many cases, fine details, problems and cause-and-effect relationships only come to light when you see them in writing. This includes the following aspects:

• Health and safety measures and labor law
• Scheduling restaurant staff, finding replacement in case of sickness, vacation or other shortages
• Statutory accident insurance
• Social insurance
• Taxes, in particular VAT
• Accounting
• The Protection of Young Persons Act (Jugendschutzgesetz)
• Ban on smoking (Rauchverbot)
• Company insurance
• Cash register system
• Quotation of prices
• dispensing equipment (Schankanlagen)
• Information in your menus about additives and allergene 
• Fees for GEMA and ARD ZDF Deutschlandradio Beitragsservice
• Opening hours and cutoff time
• ban on single use plastic
• Obligation to offer refillable packaging for take-away food and drinks (Pflicht zum Angebot von Mehrwegverpackung) , see English language leaflet (PDF, 853 KB)
• Munich based store equipment suppliers that offer refillable cups and bowls
• Permit, if you plan to set up gambling machines (Geldspielgeräte)

Food Imports

Food imported into Germany must meet the same laws and regulations as food produced in the Germany. It must be safe and contain no prohibited ingredients, and all labeling and packaging must be informative and truthful, with the labeling information in German. Consider people with food allergies and have an appropriate warning on your label. Specific restrictions apply for food supplements, novel food, functional and diet food or genetically modified food and feed. The importer is the first link in the domestic sales chain and consequently responsible for the marketability of the imported products.

A licence may be required for trade in agricultural products between the European Community and third countries; this basically depends on the product concerned (although for some products there are allowances up to a certain quantity). For further information, please follow the link to the Bundesanstalt für Landwirtschaft und Ernährung (BLE – Federal Office of Agriculture and Food),  phone: +49 22 8 – 68 45 – 0,  email poststelle@ble.de.

Please direct any questions on labeling and importing food to the experts at the local Chamber of Commerce and Industry (IHK). Monitor compliance with obligations under the Packaging Act (Verpackungsgesetz, VerpackG).

Retailers

These include small convenience stores, “corner shops” and confectioners, tobacconists and newsagents. Please verify if the premises you are intending to set up your shop in have the correct planning permission and building regulations approval. Please have a look at our information around building regulations.

In terms of food safety, it depends on if you are offering pre-packaged food ready for sale to the customer or if you are going to have a hot or cold food deli counter, too. For regulations on food safety please see the section above. Monitor compliance with obligations under the Packaging Act (Verpackungsgesetz, VerpackG).

Online food retailers

Are you planning to selling food online? Basically the same rules that apply to the supermarket around the corner also apply to online food shops. Your products must be safe and contain no prohibited ingredients, and all labeling and packaging must be informative and truthful, with the labeling information in German. Consider people with food allergies and have an appropriate warning on your label. Specific restrictions apply for food supplements, novel food, functional and diectic food or genetically modified food and feed. Monitor compliance with obligations under the Packaging Act (Verpackungsgesetz, VerpackG).

Please verify if the premises you are intending to set up your storage room in have the correct planning permission and building regulations approval.

Please have a look at our information around building regulations.

If you plan to use a storage room at home for commercial purposes, please clarify beforehand with the Local Building Commission [Lokalbaukomission LBK] and the owner if that is permitted – in most cases it is not. And be aware that all building regulations for commercial premises and food regulations such food hygiene do apply fully. This includes proper storage of cold and dry food, traceability and pest control. For regulations on food safety please see the section above.

Make sure you are shipping your food products safely and meeting the requirements of your shipping supplier. Read our overview of online retailing [German] using a translation tool of your choice and doing business on an international level. Please direct any questions on labeling and e-commerce to the experts at the local Chamber of Commerce and Industry [IHK, short for Industrie- und Handelskammer].

The Federal Office of Consumer Protection and Food Safety has published an extensive list of FAQs for food importers and retailers.

Food comes into contact with many materials and articles during its production, processing, storage, preparation and serving, before its eventual consumption. Such materials and articles include food packaging and containers, machinery to process food, and kitchenware and tableware. These materials are called Food Contact Materials (FCMs).

In Bavaria, the food monitoring authorities at the district administrative authorities are responsible for receiving these notifications. In Munich, you should contact the food monitoring team (Lebensmittelüberwachung) at the district administration office (Kreisverwaltungsreferat).

The IHK Chamber of Commerce and Industry for Munich and Upper Bavaria also offers advice and information.

Industry associations can be a valuable contact for entrepreneurs in terms of information and feedback. DEHOGA (Deutscher Hotel- und Gaststattenverband) is the Bavarian Association of the Catering and Hotel Sector and offers (pre-)start-up business consulting.

(Pre-)start-up business consulting may be eligible for the „Vorgründungs-Coaching“ support program which grants subsidies of 50 to 70 percent for management consulting. Applications are handled by the Chamber of Industry and Commerce in Nürnberg.

• Food Startup Inkubator Weihenstephan
• Accelerator program Drink Innovation Campus (DICA)
• EIT Food Accelerator Network
• Food Entrepreneurship made in Bavaria (FEMIB)
• Bavarian Food Cluster
• Municipal support program for crowdfunding
• Startup competitions
• Trade fairs and promotion programs

With a mobile sales stand, you can also market your products at city festivals, fairs, Christmas markets, folk festivals and annual and food markets, collect customer feedback and gain initial experience in marketing.

• Apply for municipal markets and festivals in Munich
• Apply for the municipal food markets
• Apply for sales stand, mobile trade for fruit, flowers, chestnuts, roasted nuts

Contact retailers and inquire about product listings. A listing refers to the inclusion of a product in a retailer’s product range. To get the product onto the supermarket shelf via a paid listing, you must convince either the owners of independent markets, the regional buyer or the national buyer. Some companies also offer start-up programs to make it easier for new products to enter the food trade.