Selling food from home in Germany — what the law actually requires
German food law can look daunting. This guide cuts through it: the actual statutes, what they require, and what matters for someone selling homemade food to neighbours or online — at realistic volumes.
This is general information, not legal advice. Regulations can change and may be applied differently across Bundesländer. For your specific situation, consult your local Veterinäramt, a Rechtsanwalt, or the IHK.
Who this applies to
- Anyone selling homemade baked goods, jams, pickles, or prepared meals
- Gardeners selling surplus produce beyond personal consumption
- Home cooks selling surplus food via apps or neighbourhood platforms
- People occasionally selling food at local markets or from their front door
The 6 legal requirements
Register with the food authority
§ 4 LMHV · EU Reg. 852/2004 Art. 6
Before selling food commercially, you must notify your local Veterinär- und Lebensmittelüberwachungsamt (VLÜA) — or equivalent authority in your Kreis or Stadt. This is required under § 4 of the Lebensmittelhygiene-Verordnung (LMHV), which implements Article 6 of EU Regulation 852/2004. The registration is free and straightforward: contact your local Ordnungsamt or Veterinäramt, describe what you plan to produce and sell, and they will register you and may arrange an initial inspection of your kitchen.
Health briefing for food handlers
§ 43 Infektionsschutzgesetz (IfSG)
Anyone who commercially handles open food must receive a health briefing before starting work. Under § 43 IfSG, you must attend a one-time instruction session at your local health authority (Gesundheitsamt) covering hygiene rules and communicable disease risks. You receive a certificate (Belehrungsnachweis) which you must keep. This is mandatory regardless of your kitchen size or sales volume — it applies from the first sale.
Kitchen hygiene requirements
EU Reg. 852/2004 · LMHV
Your kitchen must meet the general hygiene requirements of EU Regulation 852/2004 and the LMHV. In practice, for a domestic kitchen this means: separate hand-washing facilities, surfaces that can be properly cleaned, adequate refrigeration for perishables, pest control, and proper waste management. Your Veterinäramt will advise on whether your kitchen meets requirements during registration. Some Länder apply a lighter standard for small-scale home production.
Allergen labelling
EU FIC Reg. 1169/2011 · LMIV
You must declare the 14 major allergens listed in Annex II of EU Food Information Regulation 1169/2011 (implemented in Germany as the Lebensmittelinformations-Verordnung, LMIV). For direct sales without pre-packaging — for example, handing food over at the door — you can provide allergen information verbally or via a written notice at point of sale. For pre-packaged food sold via an app, a written label is required. Failure to declare allergens correctly is one of the most common legal issues for home sellers.
Business registration
§ 14 Gewerbeordnung (GewO)
If you sell food regularly and for profit, you are running a Gewerbe and must register it with your local Gewerbeamt under § 14 GewO. The fee is typically €20–€40. Occasional sales — such as surplus from a single harvest or a one-off batch — may fall below the threshold for commercial activity, but there is no fixed rule on how many sales constitute a Gewerbe. If in doubt, registering costs very little and protects you from a fine.
VAT: the Kleinunternehmerregelung
§ 19 Umsatzsteuergesetz (UStG)
If your annual turnover stays below €25,000 (raised from €22,000 as of January 2025), you can opt into the Kleinunternehmerregelung under § 19 UStG. This means you do not charge VAT on your sales and do not need to file monthly VAT returns. You still need to file an annual income tax return and declare your earnings. If you exceed the threshold, you must register for VAT from the following year. Food is generally taxed at the reduced rate of 7 % in Germany (not 19 %).
When are you exempt?
The household exemption (Haushaltsausnahme)
Article 1(2)(b) of EU Regulation 852/2004 exempts 'the direct supply, by the producer, of small quantities of primary products to the final consumer or to local retail establishments directly supplying the final consumer.' In Germany this is interpreted narrowly: it applies mainly to unprocessed primary products (vegetables from your garden, eggs from your hens) sold directly and locally. Processed food — baked goods, jams, cooked dishes — generally does not qualify for this exemption.
What 'small quantities' means in practice
There is no single national definition. Each Bundesland sets its own guidance. For eggs, the threshold is typically fewer than 350 hens. For vegetables and fruit, local and direct is the key criterion. The safest approach: if you are selling processed food of any kind, assume the exemption does not apply to you and register with the Veterinäramt.
Before your first sale: checklist
Selling surplus food on We The Food
We The Food is designed for sharing surplus food with neighbours — not for running a commercial food business from home. If you occasionally have more than you can eat and want to recover some cost rather than let it go to waste, a sell listing lets you set your own price. Allergen fields are built into every listing so you can meet your disclosure obligations easily.
Related guides
Last updated: July 2026. References: EU Reg. 852/2004; LMHV (BGBl. I 2007 S. 1hygiene); § 43 IfSG; EU FIC Reg. 1169/2011 / LMIV; § 14 GewO; § 19 UStG.