Menu vs. Manufacturer's Information

The operator of a pizzeria was fined by the first-instance authority for incorrectly describing products as "ham" in his menu. An inspection revealed that the product used — a "turkey pizza block" — did not meet the requirements for "ham", as it had an excessively high water-to-protein ratio and an impermissible starch content.

Background

The appellant argued that the product packaging bore the label "turkey ham" and that, as a restaurateur without a laboratory of his own, he had no way of verifying the actual composition of the product.

Decision

The Regional Administrative Court of Lower Austria¹ found that the appellant had advertised a product with an impermissible water-to-protein ratio and starch content as "ham." Under the Austrian Food Code (Österreichisches Lebensmittelbuch), a product with these characteristics may not be described as "ham." The product was correctly labelled on its packaging as "kitchen-ready preparation made from parts of turkey legs with added water," yet the appellant had used the term "ham" in his menu. This constituted a breach of food law, as it was misleading and failed to comply with the requirements for correct food labelling.

The court treated this as an objectively verifiable administrative offence. On the question of subjective fault, it found that at least negligence was present. The appellant ought to have known that the product could not be described as "ham" — not least because neither the packaging nor the delivery invoice used that term. A laboratory, the court pointedly noted, was not required for that.

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About Sabadello Legal

Sabadello Legal advises and represents manufacturers of food products and food supplements, among other areas. Our clients include food law start-ups as well as established SMEs and international corporations. If you have questions about food law, we would be happy to assist. We advise on food law (LMSVG), labelling and compliance, and product controls — from risk analysis and regulatory communication through to defending against official measures and administrative penalties.

Contact

RA Mag. Andreas Sabadello
Sabadello Legal
+43 1 9971037
office@sabadello.legal

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Disclaimer

This article is for general information purposes only. It does not constitute individual legal advice.