General decree of the food monitoring and veterinary office of the city of Chemnitz
prohibiting the placing on the market of cannabinoid-containing foodstuffs and foodstuffs containing certain constituents of the hemp plant Cannabis sativa L.
For reasons of preventive consumer health protection, in accordance with § 39 para. 1 in conjunction with § 39 para. § Section 39 (4) of the German Food, Commodities and Feed Code (LFGB) in conjunction with Art. Art. 138 para. 1 letter b in conjunction with Art. 138 para. 2 letter d of Regulation (EU) No. 2017/625 in conjunction with § Section 1 (1) No. 3 and Section 2 (1) and (5) of the Saxon Implementation Act to the Food and Feed Code and the Tobacco Products Act (SächsAGLFGB) as follows:
- The placing on the market of novel foods not authorised by the European Union that contain or consist exclusively of cannabidiol (CBD) or other cannabinoids in the form of isolates, extracts or as synthetic products is prohibited. The prohibition includes all corresponding products whose intended or expected use is as food, even if they are not placed on the market as food (but e.g. as cosmetic products or animal feed).
- The placing on the market of novel foods not authorised by the European Union which have been produced from or with components of the hemp plant Cannabis sativa L. (with the exception of hemp seeds, hemp seed flour, hemp seed oil, defatted seeds and leaves of the industrial hemp plant in or for the production of aqueous extracts) is prohibited. The prohibition includes all corresponding products whose intended or expected use is as food, even if they are not placed on the market as food (but e.g. as a cosmetic product or animal feed).
- The prohibitions according to 1. and 2. apply to all distributors of the products mentioned under 1. and 2. located in the City of Chemnitz.
- Immediate enforcement is ordered for 1. to 3.
- This general ruling shall enter into force on the day following its public announcement.
Notes:
Express reference is hereby made to the criminal liability pursuant to Section 59 (3) No. 2 (a) of the German Food and Feed Code in the event of a violation of the orders.
If products are to be classified as narcotics or medicinal products due to their nature, composition, presentation or advertising, the corresponding provisions of these areas of law apply.
The general ruling and its justification can be inspected free of charge by anyone during office hours at the Food Monitoring and Veterinary Office of the City of Chemnitz, Düsseldorfer Platz 1, 09111 Chemnitz.
Criminal liability for offences
The criminal liability of offences against this order results from Art. 6 Para. 2 and Art. 29 of Regulation (EU) 2015/2283 (Novel Food Regulation) as well as § 3 Para. 2 Novel Food Regulation (NLV) in conjunction with § 59 Para. 3 No. 2. § Section 59 para. 3 no. 2 letter a LFGB. In the case of negligent offences, this is in accordance with Art. 6 Para. 2 and Art. 29 of the Novel Food Regulation and Section 3 Para. 3 NLV in conjunction with Section 60 Para. 1 No. 2 LFGB. § Section 60 para. 1 no. 2 LFGB is an administrative offence.
Notice of legal remedies
An objection may be lodged against this decision within one month of its notification. The objection must be submitted in writing, in electronic form or for recording at the City of Chemnitz, Markt 1, 09111 Chemnitz or any other office or citizen service centre of the City of Chemnitz.
The objection can be lodged in electronic form by De-Mail in the transmission variant with confirmed secure registration in accordance with the De-Mail Act. The De-Mail address is: info@stadt-chemnitz.de-mail.de
If you are represented by a lawyer, the objection can also be lodged via the special public authority mailbox (beBPo) and should be addressed to the beBPo "City of Chemnitz".
If you have any questions about this general ruling, please contact the Food Monitoring and Veterinary Office of the City of Chemnitz, Düsseldorfer Platz 1, 09111 Chemnitz, Tel. 0371 4883901, Fax: 0371 488 3999, e-mail: vetamt@stadt-chemnitz.de.
Chemnitz, 07.05.2024
signed Dr Michael Kern //
Official veterinarian
Official seal