Acts and Regulations

At present, the Bio-Siegel is the only organic or eco label in Germany protected by penal law. The use of this trademarked logo is regulated by the Eco Labelling Act and the Eco Labelling Regulation.

The Eco Labelling Act is based on the EU Organic Farming Regulation – hence the added inscription "pursuant to EU Organic Farming Regulation" on the Bio-Siegel logo. The Eco Labelling Regulation rules such details as, for example, the design and use of the label as well as the mandatory registration for Bio-Siegel users.

A violation of the directives of the EU Organic Farming Regulation or misuse of the Bio-Siegel can result in high fines but also imprisonment.

Learn more about the legal basis for the Bio-Siegel:

The Eco Labelling Act

The Eco Labelling Act ( Öko-Kennzeichengesetz - only available in German) has been effective since December 10th, 2001. The criteria for the Bio-Siegel as a national label for organic products are in accordance with the current rules of the EU Organic Farming Regulation.

The scope of this regulation includes all agricultural products (unprocessed or processed) intended for human consumption. Products from aquaculture, hunting and fishing are not yet covered.

The Bio-Siegel may only be used to label products which are produced and inspected in compliance with the EU Organic Farming Regulation and if at least 95 percent of the ingredients of agricultural origin come from organic farming (Article 1 Para. 1 Eco Labelling Act).

The Bio-Siegel may be used by all producers, manufacturers and the retail trade on a voluntary basis pursuant to the directives of the Eco Labelling Act. Products that were produced during a company’s transition to organic farming may not be labelled thus.

The Act also includes instructions regarding penalties and fines for misuse of the Bio-Siegel. Labelling violations can result in a prison sentence of up to one year and in a fine of up to 30,000 Euro in case of negligent perpetration and the products may be taken off the market.

The Eco Labelling Regulation

In addition, the Eco Labelling Regulation ( Öko-Kennzeichenverordnung - only available in German) has been effective since February 16th, 2002. It supplements the Eco Labelling Act, effective since the end of 2002, with details regarding the design and use of the Bio-Siegel as well as sanction regulations. The Eco Labelling Regulation ensures a wide and unbureaucratic use of the label with strict sanctions in case of violations.

The regulation stipulates all copy and design elements as well as the details for using the Bio-Siegel. This is important to ensure uniform labelling and a distinct recognisability of the products. Furthermore, the exact rules are necessary so there is no need for a time consuming and costly approval procedure. The regulation also covers the use of the Bio-Siegel in advertising.

In addition, the regulation stipulates the registration of all logo users (or label users respectively) with the Bio-Siegel Information Centre (notification obligation) which was commissioned by the Federal Ministry for Consumer Protection to handle the registrations.

This centre serves to obtain an overview regarding the uniform use of the Bio-Siegel and to be able to efficiently intercept possible violations regarding the proper use of the label. Registration must be carried out before using the Bio-Siegel for the first time.

Trademark Law Basis

The Bio-Siegel is registered as a trademark at the German Patent and Brand Office. Any resulting injunction and indemnification claims under private law will be prosecuted by the owner of the brand, the Federal Ministry of Consumer Protection.