MARKETABILITY

It is the manufacturer’s or distributor’s duty of care to ensure compliance with food law regulations. Certain products are in the area between ​​two product categories and their classification is always a case-by-case analysis, i.e. they must be viewed in their entirety.

The marketability of a product is defined by the material composition and the intended use. The evaluation will be developed by assessment standards based on relevant legal requirements. A marketability assessment is not binding for regulatory judgments. However, this is relevant for manufactures or distributors of foods for an argumentative discussion with the enforcement for the assessment of the marketability of the product at the level of the legally compliant interpretation of undefined legal terms (e.g. traffic view, average consumer expectation, etc.).

Further legal requirements regarding labeling, product description, and advertising statements must be observed, which is why the label (see labeling) is usually reviewed at the same time.