Eat safely in Berlin

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Safe eating in Berlin is a project of the Berlin Senate Department for Justice and Consumer Protection , in which the results of the hygiene controls of Berlin restaurants and pubs are published in a database on the Internet. This should give consumers an impression of the hygienic conditions on site. The model for the project was a corresponding regulation in Denmark .

background

The official food control of the State of Berlin is obliged to carry out operational controls in pubs and restaurants. The basis for the monitoring is the "General administrative regulation on principles for the implementation of the official monitoring of the compliance with food law, wine law and tobacco law regulations (AVV Framework Monitoring-AVV RÜb) of June 3, 2008". In connection with the Consumer Information Act (VIG), the Senate saw a sufficient legal basis to publish the data collected in the course of the controls.

It is checked

  1. "Whether the food law regulations are complied with,
  2. whether the delivery routes of the food can be traced,
  3. whether the employees are trained,
  4. whether the hygiene regulations are observed,
  5. whether and how the operational self-control works,
  6. whether food is properly stored and appropriately cooled,
  7. what is the structural condition
  8. whether it is properly cleaned and disinfected,
  9. and last but not least, whether possible pests are being fought properly. "

The Berlin Administrative Court ruled on March 19, 2014 that the inclusion of food companies in a publicly accessible list requires a legal basis. Although the state can provide information about any violations of food law requirements that have been found, it cannot provide information about mere official evaluations. Without reference to specific products, such a pronouncement is likely to fall outside of the scope of application newly defined in Section 1 (1) VIG. The administrative court prohibited the publication of minus points, grades, colors and smiley symbols. The country's complaint against this decision was unsuccessful.

Development in Berlin

The project started in the spring of 2009 in the Berlin district of Pankow initially with a " smiley system", which provided for a positive and a negative list. As of May 2009, this was also provided with photographs of the defects found. After some fierce criticism, an attempt was made from July 1, 2011 to introduce a uniform system in Berlin, which only provided for minus points. This was only partially successful because the Friedrichshain-Kreuzberg district , for example, did not want to participate. This was justified with the lack of controllers. This decision, in turn, was criticized in the press because "of all places the Friedrichshain-Kreuzberg pub district [refuses] [...] to publish its data". Nevertheless, other districts followed suit, so that around two years after the system was introduced, nine of the twelve districts can be found in the database. However, inconsistent handling of the system was exacerbated by the fact that the Pankow district also started using smileys again from November 2011. The responsible district city council justified the change with a lack of legal certainty of the "hygiene barometer". In addition, the listing of the penalty points, in contrast to the detailed listing of the smiley awards, is not transparent enough. The German Hotel and Restaurant Association (DEHOGA) criticized the procedure as an "Internet pillory", examined legal steps against the publication in autumn 2011 and drew attention to errors in the database.

Rating System

The assessment is based on grades and penalty points . If all requirements of the regulations are met, the grade “very good” is awarded. If a point is deducted, the evaluation is reduced:

  • 0 minus points = very good
  • 1–19 minus points = good
  • 20–40 minus points = satisfactory
  • 41–54 minus points = sufficient
  • 55–80 minus points = not sufficient.

outlook

It is planned to publish the results of other food companies in addition to the inspections of restaurants and pubs. In addition, there are efforts to find a uniform procedure at the federal level.

See also

Web links

Individual evidence

  1. ↑ Ulrike von Leszczynski: Not everyone wants the “disgust list” . In: n-tv . dated February 28, 2010, accessed January 5, 2012.
  2. ↑ Monitoring of Food and Products , accessed on March 21, 2016.
  3. ^ VG Berlin, decision of March 17, 2014, VG 14 L 410.13
  4. ^ OVG Berlin-Brandenburg, decision of May 28, 2014, OVG 5 S 21.14
  5. ↑ Beck-Online OVG Berlin-Brandenburg: No smiley lists for food companies
  6. ^ The Smiley project in the Pankow district ( memento from February 17, 2014 in the Internet Archive ) on berlin.de, accessed on January 5, 2012.
  7. ^ Sabine Flatau: Eating safely in Berlin . In: Berliner Morgenpost . dated June 29, 2011, accessed January 5, 2012.
  8. ↑ Stefan Strauss: Kreuzberg's pubs without a cleanliness seal . In: Berliner Zeitung . dated August 4, 2011, accessed January 5, 2012.
  9. ↑ Sabine Flatau: Eat safely - but not everywhere in Berlin . In: Berliner Morgenpost . dated January 3, 2012, accessed January 5, 2012.
  10. ↑ Sabine Flatau: Pankow is back on his disgust list . In: Berliner Morgenpost . October 19, 2011, accessed January 5, 2012.
  11. ↑ Märkische Oderzeitung: “Ekelliste”: Pankow wants to stick with his own smiley for the time being . In: Märkische Oderzeitung . dated December 24, 2011, accessed January 5, 2012.
  12. ↑ DEHOGA press release: Hygiene labeling: Berlin online database “Safe-Eating” should start shortly - DEHOGA is examining the lawsuit  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. . @1@ 2Template: Dead Link / www.dehoga-berlin.de  dated August 5, 2011, accessed January 5, 2012.
  13. ↑ DEHOGA press release: Berlin hygiene pillory before the end? First errors underpin DEHOGA fears ( memento of the original from October 11, 2014 in the Internet Archive ) Info: The @1@ 2Template: Webachiv / IABot / www.dehoga-berlin.de archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . dated September 21, 2011, accessed January 5, 2012.
  14. ↑ Heike Jahberg: Restaurant traffic light is red . In: Der Tagesspiegel . dated August 1, 2011, accessed January 5, 2012.
  15. ↑ Welt Online: Pankower Ekelliste could make school nationwide . In: Welt Online . dated September 15, 2010, accessed January 5, 2012.