Details of violations of the food and feed law the consumer information Act (VIG) grants any”a comprehensive access to information on violations against the food and feed law books, but also about marking, origin, condition, use and manufacture or handle food, animal feed, cosmetics or utensils. The most important for companies limit of this information claim of each is anchored in 2 sentence 1 No. 2 c VIG. Then the access to information not entitled to pursuant to section 1 of the VIG due to conflicting private interests, as far as would be revealed by the coveted information business or trade secrets or other competition-related information which are comparable in their significance for the running of a business or trade secret. All business-related facts, circumstances and processes be understood as operating and business secrets, which are not obvious.
but only a limited group of persons are accessible and whose non-proliferation of legal entity, has a legitimate interest (BVerfG, decision by the 14.03.2006, ref.: 1 BvR 2087/03, 1 BvR 211/03). “A legitimate privacy interest 2 sentence 3 can oppose however VIG, what not under an in 2 sentence 1 No. 2 c called VIG industrial or business secret according to 1 para 1 sentence 1 No. 1 VIG fall information, we mean violations” against the food and feed code (LFGB), against the legal regulations adopted on the basis of the food and feed law book and directly applicable European Community act within the scope of the food and feed law book, as well as measures and decisions, which are made in connection with such violations. The VIG defines itself not the notion of violation”, but only can be considered our opinion violation, which was finally determined by a court as such. Even if you the would be different, not any violation can justify a release of information to third parties. Violations of law may be subject to the confidentiality interest according to the jurisprudence of the Constitutional Court, Federal Administrative Court, as well as the vast literary opinion? Always the case decides the result. If you are faced as a company with a right to such information, we recommend a careful review of all defense options. See more non-binding and free around the food and health law.