Term and legal definition of alcoholic beverages
Alcoholic beverages are liquids that contain ethanol (drinking alcohol) and are intended for human consumption. In almost all legal systems, they are subject to special statutory requirements, as the consumption of alcohol has both health and societal effects. The legal examination of alcoholic beverages primarily concerns aspects of food law, tax law, youth protection, traffic and advertising law, as well as international trade.
Legal classification under food law
Under both European and German food law, alcoholic beverages are primarily regulated by the Food and Feed Code (LFGB) and Regulation (EU) No. 1169/2011 (Food Information Regulation). They are defined as foods that, when openly consumed, contain alcohol in distinguishable concentration ranges.
Definitions under German and EU law
According to Section 3 (1) No. 9 of LFGB, alcoholic beverages are understood as those foods that contain at least a minimum concentration of alcohol. The EU Organic Regulation and other EU directives distinguish various categories, such as:
- Beer
- Wine
- Spirits
- Intermediate products (e.g. liqueurs or aromatized wines)
Non-alcoholic beverages that only contain residual alcohol (such as so-called non-alcoholic beers with < 0.5% vol.) are to be distinguished from this.
Labelling and information obligations
The marketing of alcoholic beverages is subject to special labelling requirements. According to Art. 9(1)(f) of the Food Information Regulation (LMIV), beverages with an alcohol content of more than 1.2% by volume must be provided with an “actual alcohol content declaration.” For certain types of drinks, additional specific rules apply, such as Regulation (EU) 2019/787 for spirits.
Tax treatment of alcoholic beverages
Alcohol tax
Alcoholic beverages are subject to tax in Germany under the Alcohol Tax Act (AlkStG), with different tax rates depending on the category and alcohol content. Tax liability generally begins with production and ends with release into free circulation, with certain exceptions and tax advantages (e.g., for commercial production or export) being regulated.
Other tax regulations
In addition to alcohol tax, other tax law provisions may apply, such as for imported alcoholic beverages under the Customs Tariff Law of the European Union (TARIC), in the form of import duties.
Youth protection regulations
The purchase and consumption of alcoholic beverages in Germany are subject to strict youth protection regulations, especially the Youth Protection Act (JuSchG):
- Sales and consumption prohibitions: Beer, wine, and sparkling wines may not be sold to children and young people under 16 years; spirits and spirit-based mixed drinks may not be sold to persons under 18 years.
- Monitoring obligations: Operators of restaurants, retailers, and event organizers are required to check the age of buyers; violations may result in fines.
Traffic safety and road traffic law
Due to their effects on the central nervous system, alcoholic beverages are subject to strict criminal and regulatory provisions in road traffic. The Road Traffic Act (StVG), the Driving License Regulation (FeV), and the Administrative Offenses Act (OWiG) regulate:
- Limit value regulations: The legal blood alcohol limit in road traffic in Germany is 0.5 ‰ for motorists in the administrative offense range, and in certain cases already at 0.3 ‰ (relative unfitness to drive, endangerment), or 1.1 ‰ (absolute unfitness to drive).
- Sanctions: From fines and driving bans to criminal consequences for offenses linked to alcohol consumption and road traffic.
Advertising regulations
Advertising for alcoholic beverages is subject to statutory restrictions for the protection of minors and consumers. In Germany, these can be found for example in the Act Against Unfair Competition (UWG), the Interstate Broadcasting Agreement, and the Youth Protection Act (JuSchG). Particularly relevant are:
- Advertising bans: For certain target groups (such as children and adolescents) as well as restrictive requirements for broadcast times and content (e.g. no trivialization of alcohol consumption).
- Self-regulatory codes of conduct: The German Advertising Council and comparable bodies establish additional voluntary guidelines for alcohol advertising.
International and European law aspects
The trade in alcoholic beverages is subject to extensive international and European regulations. Of particular importance are the provisions of the internal market (Art. 34 ff. TFEU, free movement of goods), customs and taxes, as well as international agreements (e.g., the Codex Alimentarius).
Protection of designations of origin
Spirits, wines, and certain types of beer enjoy special protection of their geographical origin under both international and European law (e.g., “Scotch Whisky”, “Champagne”). Violation of these provisions may lead to warning letters for competition violations and, where applicable, import or export bans.
Sanctions for violations of legal requirements
Violations of the legal provisions relating to alcoholic beverages can result in a variety of sanctions, e.g.:
- Fines for violations of youth protection or advertising regulations
- Criminal prosecution for smuggling, tax evasion, or traffic offenses
- Confiscation and destruction of non-compliant products by supervisory authorities
Summary
Alcoholic beverages are subject to complex legal regulation. Their production, marketing, and sale involve numerous areas of law, from food and tax law to youth protection and road traffic law, as well as international trade. Compliance with the extensive laws and regulations primarily serves to protect health, prevent underage alcohol abuse, and ensure fair trade.
Frequently asked questions
Who is allowed to sell alcoholic beverages in Germany?
The sale of alcoholic beverages in Germany is strictly regulated by law. In principle, the sale of alcoholic beverages such as beer, wine, or spirits to persons under 16 or 18 years is prohibited under the Youth Protection Act (JuSchG). Retailers, restaurateurs, and event organizers are required to check the age of their customers and, in case of doubt, must request official photo ID. Furthermore, businesses and individuals who wish to sell beverages with an alcohol content over 1.2 percent by volume require a corresponding business license, which must be applied for as part of business registration with the competent authority. Serving of spirits often also requires an additional serving license (restaurant concession) under the Hospitality Act (GastG). Sale must not be made to obviously intoxicated persons and must comply with the relevant state laws regarding store closing times as well as any local regulations concerning the sale and consumption of alcohol. Violations of these regulations can result in significant fines or even the revocation of the business license.
What advertising restrictions apply to alcoholic beverages?
In Germany, advertising for alcoholic beverages is restricted by various laws and regulations. Key among these are the Act Against Unfair Competition (UWG), the Act on the Protection of Young People in Public (JuSchG), and the Interstate Treaty on the Protection of Minors in the Media (JMStV). For instance, it is forbidden to advertise alcoholic drinks in a manner that makes them particularly attractive to children and adolescents. Advertising in media primarily addressed to young people is prohibited. Furthermore, advertising may not suggest that alcohol consumption brings social, sexual, or health benefits or helps to solve personal problems. Sponsorship of sporting events by alcohol-producing companies is also restricted in some cases. On television, advertising for spirits and mixed drinks with high alcohol content is allowed after 6 p.m., but prohibited beforehand. Violations may result in warnings, fines, or, in some cases, a complete advertising ban for the product.
At what age is it allowed to consume alcoholic beverages in public?
According to the Youth Protection Act (JuSchG), young people aged 16 and above may consume beer, wine, and sparkling wine in public. High-proof drinks, such as spirits or alcopops (alcoholic mixed drinks), may only be consumed from the age of 18. In hospitality establishments and at public events, the sales staff must ensure compliance with the age limits and, if necessary, conduct ID checks. Consumption of high-proof alcohol is not permitted even in the presence of a legal guardian. Regional or local alcohol bans, such as at major events, on public transport, or in certain city districts, may further tighten these rules.
What regulations apply to the labeling of alcoholic beverages?
There are extensive requirements for labeling alcoholic beverages, regulated at both European and national level. According to the Food Information Regulation (LMIV, EU No. 1169/2011), among other things, the legal product name, expiration date, net quantity, alcohol content by volume, as well as the name and address of the manufacturer must be indicated. Special provisions apply to wine, beer, and spirits concerning indication of origin, ingredients list, allergens, and even specification of grape varieties or vintages. Alcoholic beverages with an alcohol content above 1.2 percent by volume do not require nutritional information or a list of ingredients, except for allergens. False or misleading information on the label is a criminal offense and can lead to a ban on the product’s sale.
Are there statutory regulations regarding the packaging and transport of alcoholic beverages?
Yes, there are numerous statutory regulations for the packaging and transport of alcoholic beverages. The Packaging Act (VerpackG) stipulates that manufacturers and distributors are responsible for the proper return and recycling of packaging. Specific regulations regarding customs, taxes, and safety provisions apply to transport. When shipping within the EU or exporting to third countries, the applicable national and international tax laws (such as the Alcohol Tax Act) must be observed. Additional special provisions under dangerous goods law, for example ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road), which set out particular requirements for packaging and labeling, apply to high-proof spirits and flammable products.
What tax regulations apply to alcoholic beverages?
Alcoholic beverages in Germany are subject to various tax regulations, depending on the type of product. Under the Alcohol Tax Act (AlkStG), a distinction is made between beer duty, sparkling wine and intermediate product tax, and spirits tax. The amount of each tax depends on the alcohol content and the quantity of the respective beverage. Manufacturers and traders who produce or import alcoholic beverages are obliged to pay these taxes and must register with the competent customs authorities. Violations of tax law can result in substantial financial and even criminal consequences, including imprisonment for tax evasion. The import and shipping within the EU and to third countries are also subject to special tax rules and reporting obligations.
What fines and penalties may be imposed for violations of alcohol regulations?
The prosecution of violations of alcohol-specific legal regulations is very differentiated in Germany. In case of breaches of the Youth Protection Act, for example for selling alcoholic drinks to minors, fines of up to 50,000 euros may be imposed. Repeated or particularly severe violations can lead to revocation of the catering license. Tax law violations, such as failure to pay the alcohol tax or illegal importation, are prosecuted as administrative offenses or even criminal offences. Fines and imprisonment (for example, for tax evasion) are possible. Failure to comply with labelling requirements for alcoholic beverages can lead to sales stops, product recalls, and fines. Traders and producers are also liable in cases of negligence; in case of doubt, the burden of proof often lies with the distributor of the product.
