Kieffer Legal Services:
Law firm specialized in food law
We advise and represent the food industry, suppliers and distributors in matters of food law and all other legal issues related to the production and marketing of foods and beverages. Our key areas of work are:
- Food and feed law
- Unfair competition law
- Intellectual property law (e.g. trademark law)
- Agricultural law
- Excise duties
- Association law
Due to our long-standing experience, our work is characterized by legal and market expertise, speed, pragmatism and sense of proportion. We offer legal advice in all shapes and sizes, represent interests to local institutions and governmental institutions as well as and in courts and we take over legal functions being outsourced. Our utmost priority is to develop holistic advice and tailored made solutions to meet the needs of our clients.
On 12 July 2016 the Higher Regional Court of Düsseldorf nullified a decision of the Germans economy ministry to allow the country's biggest supermarket group Edeka to buy grocery store chain Kaiser's, owned by retail group Tengelmann.
Germany's economy ministry had granted special permission for the merger on the condition that no jobs were lost, but the higher regional court of Duesseldorf said the decision was void as protecting workers was not equivalent to the public interest.
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According to article 14 (2) of Regulation (EU) 178/2002 food shall be deemed to be unsafe if it considered to be
(a) injurious to health;
(b) unfit for human consumption.
Article 14 (2) (a) of Re. 178/2002 applies, if foods do not comply with the maximum levels provided for contaminants as laied down in Regulation 1881/2006.
Article 14 (2) (b) Regulation 178/2002 applies, if a food is not considered injurious to health but regarded inacceptable for human consumption, for instance for reasons of contamination, whether by extraneous matter or otherwise, or through putrefaction, deterioration or decay.
Although foods do not have any toxicoligical effects some German control bodies are tending to apply article 14 (2) (b)of Regulation 178/2002 if products contain much higher comtaminant levels than other products of the same category.
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On 15 June 2016 the European Commission published its report on food intended for sportspeople.
In sum the Commission came to the conclusion that there is no necessity for specific provisions for food intended for sportspeople. The horizontal rules of food law provide the necessary safeguards for these products in terms of food safety, food composition, consumer information and legal certainty
Nevertheless, sports food may include some element of specificity and the analysis in this report shows that this may have to be taken into account by the Commission in the application and implementation of the horizontal rules, so that such specificities can be adequately addressed. The Commission will ensure proper application of horizontal legislation and monitor the developments after 20 July 2016.
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Many companies do not use terms and conditions of sale and delivery. This bears risks. Such terms can be publsihed on the company´s website, but they only become integral part of the contract between the supplier and purchaser, if there is a clear refernce to them in the commerical correspondence.
Which items should be covered?
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