On 7 April 2026, the law on foodstuffs and materials and articles intended to come into contact with foodstuffs (the “Law”) was published in the Official Journal of the Grand Duchy of Luxembourg.
The Law establishes the legal framework for the activities and controls concerning foodstuffs and materials and articles intended to come into contact with foodstuffs (the “Foodstuffs, Materials and Articles”) by the Luxembourg Veterinary and Food Administration (Administration luxembourgeoise vétérinaire et alimentaire, ”ALVA”), in accordance with Regulation (EU) 2017/625[1].
Why it matters?
The Law aims at ensuring the protection of (i) human life and health, (ii) consumer interests, including fair practices in the trade of Foodstuffs, Materials and Articles as well as their safety, integrity and hygiene, at all stages of production, manufacture, processing, distribution and use.
The Law covers all stages of the foodchain, and by doing so, strengthens the framework for food safety, consumer protection and official controls across the entire supply chain.
Who and what falls within scope of the Law?
All the operators, whether natural or legal persons who engage in the business of operation, import, export, production, manufacture, processing, distribution or sale of Foodstuffs, Materials and Articles whether free of charge or for a fee fall within the scope of the Law (the “Operators”). The law also covers the premises, facilities, equipment, and sites of the Operators as well as other locations under their control, their means of transport and online interfaces.
However, the Law does not apply to the domestic preparation, handling and storage of Foodstuffs, Materials and Articles intended for private domestic consumption.
The following Foodstuffs, Materials and Articles are covered by the Law: (i) products manufactured, processed and distributed in the territory of the Grand Duchy of Luxembourg (including trade resulting from purchases made via the internet or other means of distance communication) (ii) products originating from another Member State of the European Union or from a country outside the European Union, and (iii) products intended for export to countries outside the European Union.
Key obligations
The Law sets out a principle of responsibility for the Operators and provides for several key obligations:
- Authorisation: Before commencing its operations, certain Operators shall be approved by the Minister responsible for the food sector (e.g. the Minister of Agriculture, Food and Viticulture, the “Minister”).
- Registration: Each Operator notifies to the Minister, for registration purposes, each of the businesses, establishments and online interfaces for which it is responsible and which carry out any of the stages of production or manufacture, processing, storage and distribution of Foodstuffs, Materials and Articles. To this end, the Minister establishes a register of Operators.
- Verification of compliance of products placed on the market: Foodstuffs, Materials and Articles may only be placed on the market if they comply with the Law. In this context, Foodstuffs, Materials and Articles originating from a third country and identified as posing a risk (in accordance with the Regulation) should be (i) notified by the Operator importing the Foodstuffs, Materials and Articles to the ALVA, and then (ii) presented for import at border control points.
- Immediate withdrawal or recall of foodstuffs posing a health risk: In case the Operators consider or have reasons to believe that the Foodstuffs, Materials and Articles they imported or distributed do not comply with the Law, they should immediately initiate a procedure and notification of withdrawal and recall of the product from the market. In the event of a danger to human health, and when the other measures do not guarantee the consumers’ safety, the Operators should inform the consumers.
- Notification of ALVA in the event of non-compliance.
A Grand Ducal regulation will specify the procedures and conditions for registration and authorisation. The list of registered establishments, companies and online interfaces, as well as approved establishments, is made available to the public.
Controls & Sanctions
The Law designates the ALVA as the authority responsible for official controls. It assigns responsibilities and defines the powers of officials during controls and limits their scope of action to controls of premises, facilities, equipment, sites of food business operators and other places under their control, as well as their means of transport and their online interfaces.
The Law harmonises the coercive measures available to control officers with all sectoral legislation falling within the ALVA's remit. To this end a mechanism of administrative measures (particularly in emergencies) is introduced, supplemented by a system of penalties (a three-tier sanctions system is introduced, based on the principle of proportionality). In addition to criminal sanctions, the law introduces administrative measures, particularly in the event of non-compliance with the conditions of approval.
What is next ?
Grand Ducal regulations are announced by the Law with the aim of clarifying and supplementing certain points such as (i) dangerous Foodstuffs, Materials and Articles, (ii) controls and notification for imports from third countries of Foodstuffs, Materials and Articles identified as posing a risk, (iii) procedures and methods for registration and approval, and (iv) fees for official controls and other official activities.
Should you have any questions on the above, please do not hesitate to contact one of our experts of the regulatory team.
[1] Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.
