Polish food producers are directing their goods more and more boldly and frequently across the western border. The German market remains the most receptive market for Polish foodstuffs. The figures speak for themselves: in 2024, the value of Polish food exports to Germany will exceed EUR 13 billion.
Significantly, cereals and cereal preparations, including pasta, were a category worth as much as €6.5 billion. These figures confirm that Germany is one of the key expansion destinations for Polish agri-food entrepreneurs. However, it should be remembered that legal sale of pasta to Germany requires precise compliance with a number of EU standards as well as specific national regulations.
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1. Basic EU food marketing rules
The legal foundation governing the circulation of food throughout the European Union, and therefore also for exports to Germany, is the Regulation (EC) No 178/2002. It sets out the general principles of food safety, imposes an obligation to ensure traceability of products („one step back, one step forward”) and imposes a strict ban on misleading the consumer.
The burden of responsibility here lies directly on the producer, who must guarantee the safety of the product at every stage of the food chain.
These regulations are complemented by Regulation (EC) No 852/2004, which imposes specific hygiene obligations such as:
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maintaining cleanliness of workstations,
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prevention of contamination (contamination),
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risk assessment (HACCP system),
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maintaining the correct technological procedures.
For the Polish pasta producer, this means an obligation to operate a plant that meets all national sanitary requirements and is subject to constant supervision by Sanepid.
2. Labelling of pasta in Germany - key requirements
Correct labelling is one of the most difficult aspects of food sales to Germany. It is imperative that the information on the packaging complies with the requirements of Regulation (EU) No 1169/2011.
The label must include:
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product name,
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list of ingredients (with clear identification of allergens, e.g. Weizen, Ei),
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net quantity,
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date of minimum durability,
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preparation instructions (if necessary),
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nutritional values,
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special storage conditions,
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manufacturer data.
Important: The font for mandatory information must be at least 1.2 mm (for the so-called x-height).
German specificity (Lebensmittelinformations-Durchführungsverordnung)
In Germany, labels must be given in German (multilingual labels are permissible, but the German version is mandatory). Appropriate, precise terminology must be used:
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Eierteigwaren (egg noodles),
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Weizenteigwaren (wheat pasta),
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Weizenmehl (wheat flour),
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Volleipulver or Vollei getrocknet (egg powder).
The nutritional table must also be comprehensible to the German consumer (Eiweiß - protein, Kohlenhydrate - carbohydrates, Fett - fat).
Remember the correct phrase for the minimum durability date: „best before” is German for „mindestens haltbar bis:”. Organic products may only use the labels „Bio” or „Bio nach EU-Öko-Verordnung” if they are in full, certified compliance with EU regulations.
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3. How does the German food safety surveillance system work?
Germany follows a decentralised food control model. Supervision is mainly the responsibility of the authorities of the individual federal states (Länder), including the local veterinary and food supervision authorities (Veterinär- und Lebensmittelüberwachungsamt).
These authorities have extensive powers: they can carry out spot checks on products already on the market (e.g. in shops), examine samples in laboratories and analyse in detail the compliance of labels with the regulations. If irregularities are detected, the German services contact the Polish supervisory authorities directly under the RASFF system.
Good news: Production in Poland does not require any additional German establishment registration. However, if you plan to sell stationary in Germany (e.g. your own shop, a permanent stand), a declaration of establishment will be necessary (Gewerbeanmeldung) and possible notification of the point of sale to the local health authority.
4. Legal liability and penalties for non-compliance
German law is strict on traders who violate food standards. According to § 60 of the Food and Feed Code (Lebensmittel-, Bedarfsgegenstände- und Futtermittelgesetzbuch - LFGB), for failings such as:
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labelling errors,
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no translation into German,
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misnomers,
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hygiene violations,
severe penalties may be imposed administrative penalties of up to EUR 100 000.
More serious, intentional violations - such as knowingly marketing food that is adulterated (e.g. of a different composition than declared) or dangerous to health - are a criminal offence in Germany. These are punishable by imprisonment of up to three years and, in particularly serious cases, up to five years.
In addition, the German Unfair Competition Act (UWG) protects the market against misleading imitation packaging. On the basis of Section 4 of the UWG, a competitor or a trade organisation can apply for a so-called "anti-trust injunction". Abmahnung (admonition). This is a summons to stop infringements, usually burdened with high attorney's fees of the other party. Failure to respond to an Abmahnung often results in costly legal proceedings.
5. LUCID system and packaging obligations in Germany
This is one of the most often overlooked, but key obligations when exporting to Germany. Any company - including foreign companies - that introduces a packaged product (both pre-packaged and bulk/shipped) to the German market for the first time must register in the system LUCID (conducted by Zentrale Stelle Verpackungsregister - ZSVR).
Registration with LUCID is free of charge, but mandatory and public - any contractor or competitor can verify that your company is listed there.
At the same time, the entrepreneur has to conclude a paid contract with one of the so-called 'paid contracts'. dual systems (e.g. Der Grüne Punkt, BellandVision, Interseroh). The recycling fees to be paid cover all types of packaging entering the German market: from plastic pasta bags to shipping cartons and adhesive tape.
Consequences of non-registration:
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Failure to register with LUCID results in automatic prohibition of distribution product in Germany and a penalty to EUR 100 000.
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Failure to comply with the obligation to participate in the dual system (failure to pay the recycling fee) risks penalties of up to 200 000 euro.
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6 Customs and tax (VAT) aspects of trade with Germany
Trade between Poland and Germany takes place within the framework of the single EU internal market. This means no customs duties or quantitative restrictions for EU goods.
However, the manufacturer must pay attention to rules of origin. Pasta manufactured in Poland from non-EU components (e.g. imported durum flour) also benefits from zero tariffs, provided that it has undergone what is known as sufficient processing in the EU. However, if the pasta consists of semi-finished products of non-EU origin that have only been repackaged or minimally processed in Poland, it may not be considered EU goods and will not benefit from preferences.
It is also important to bear in mind the tax aspects. The sale of goods to Germany (especially B2C, i.e. to the end consumer, e.g. via an online shop) may require a registration for German VAT once the EU distance sales threshold is exceeded (EUR 10,000 in total for all EU countries in a calendar year, either through the OSS procedure or directly in Germany).
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Summary
Selling pasta to Germany is entirely feasible and very profitable, as the success of many Polish companies attests. However, the process requires meticulous compliance with additional German obligations - especially those related to precise labelling in German, the LUCID packaging system and fair competition regulations. Adequate legal preparation makes it possible to enter Europe's largest food market safely and legally and avoid severe financial penalties.
Do you need support in exporting to Germany?
If you intend to sell your food products on the German market but do not know where to start and which legal aspects to pay special attention to in order not to expose yourself to fines on the other side of the Oder - contact us.
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