Term and definition of beverage dispensing systems
Beverage dispensing systems are technical installations used for the hygienic, measured, and partly cooled dispensing of beverages in gastronomic and commercial establishments. The term includes all devices and installation units used for serving alcoholic and non-alcoholic beverages—especially beer, soft drinks, or water—via piping systems and dispensing points. Typical components include, among others, taps, pipes, all-around coolers, beverage containers (kegs, tanks), pressure reducers, and cleaning devices. Statutory and regulatory requirements reflect the high standards of hygiene and safety demanded under food and consumer protection law.
Legal framework for beverage dispensing systems in Germany
Food law requirements
The placing on the market and operation of beverage dispensing systems are subject to a multitude of public law requirements to ensure food safety.
EU Law – Food Hygiene
Key are Regulations (EC) No. 852/2004 (Hygiene Regulation) and (EC) No. 178/2002 (General Food Law Regulation). Operators of dispensing systems are considered food business operators within the meaning of these regulations and must provide evidence of a hazard analysis and hygienically impeccable operation through HACCP concepts.
National implementation
Under German food law—including § 42 and § 43 of the Infection Protection Act (IfSG) as well as §§ 2 and 3 of the Food Hygiene Regulation (LMHV)—there are reporting, training, and record-keeping requirements for personnel and operators. These include regular cleaning and disinfection of the systems, documentation of cleaning intervals, and ensuring that all materials in contact with food meet the requirements of (EU) Regulation No. 1935/2004.
Technical rules and standards
DIN 6650 (Beverage dispensing systems – technical requirements for planning, construction and operation) specifies the legal requirements. It categorizes dispensing systems into various types and provides detailed guidance for factory and operational execution.
Trade law and regulatory permits
The operation of beverage dispensing systems, due to their handling of food and alcoholic beverages, is often subject to notification and activity permits pursuant to the Trade Regulation Act (GewO). In gastronomic establishments, dispensing systems are regularly inspected by the relevant authorities (health department, food inspection) as part of operational checks. There are requirements relating to structural conditions (e.g., water supply, wastewater drainage, ventilation), accessibility for hygiene inspections, and the safe installation of pressure vessels.
Occupational and environmental protection law
Pressure gas containers & carbon dioxide
Many beverage dispensing systems use pressure gas containers (such as CO₂ cylinders) to transport and preserve beverages. Storage and operation are subject to the Occupational Safety Ordinance (BetrSichV) and the Technical Rules for Operational Safety (TRBS); specific requirements are also found in the Pressure Equipment Directive (Directive 2014/68/EU).
Water protection and environmental protection
Since beverage dispensing systems are connected to the public water supply network, there is an obligation to use backflow preventers and safety devices in accordance with the Drinking Water Ordinance (TrinkwV) and DIN 1988. Protection against contamination risks must be ensured.
Hygiene monitoring and self-control
The regular cleaning and disinfection of beverage dispensing systems is central to compliance with food law requirements (§ 4 LMHV, DIN 6650-6). The required intervals vary depending on the beverage and system type:
- Beer lines: must be cleaned at least every 7 days
- Soft drink and water systems: according to manufacturer instructions and regulatory requirements
Cleaning and maintenance must be documented and made available during regulatory inspections.
Liability and responsibilities
Operators of beverage dispensing systems are liable for breaches of hygiene, occupational safety, and safety regulations. Negligent and intentional duty breaches can result in fines under the Food and Feed Code (LFGB), Infection Protection Act, and other special laws. Relevant areas of liability include in particular:
- Food hygiene: Compensation and criminal liability in cases of consumer health impairment
- Occupational safety: Staff must be informed and protected with respect to the operation of pressurized gases and chemicals.
- Product liability: Manufacturers and importers of the systems are liable under the Product Liability Act (ProdHaftG) for defects and damages
Other legal aspects
Beverage taxation and customs law
Depending on the beverage served and the operational model, individual dispensing systems may be subject to tax or customs law regulations, for example in the case of a license to dispense spirits.
Building codes and fire safety
When installing larger or stationary beverage dispensing systems, building code minimum requirements and, where applicable, fire safety regulations must be observed.
Summary and significance
Beverage dispensing systems are highly regulated technical and legal installations in commercial beverage supply. Trust, hygienic procedures, and the highest product safety are central to statutory requirements. Compliance with relevant standards, diligent self-monitoring, and cooperation with supervising and licensing authorities is essential for ensuring food safety and consumer protection in beverage provision. Failure to comply with regulations may result in severe sanctions and liabilities.
Statutory sources (selection)
- Food and Feed Code (LFGB)
- Food Hygiene Regulation (LMHV)
- Infection Protection Act (IfSG)
- Drinking Water Ordinance (TrinkwV)
- Occupational Safety Ordinance (BetrSichV)
- Trade Regulation Act (GewO)
- Regulation (EC) Nos. 852/2004, 178/2002, 1935/2004
- Product Liability Act (ProdHaftG)
- DIN 6650, DIN 1988
This article provides a comprehensive overview of the legal framework and obligations concerning the handling of beverage dispensing systems in Germany.
Frequently asked questions
What legal regulations apply to the operation of beverage dispensing systems in Germany?
The operation of beverage dispensing systems in Germany is subject to a wide range of legal requirements, primarily to protect consumer health and ensure impeccable hygiene. The most important legal foundations are found in the Food, Consumer Goods and Feed Code (LFGB), the Drinking Water Ordinance (TrinkwV), and in special regulations such as the Beverage Dispensing Systems Regulation (GetränkSchankV). Operators are obliged to keep regular cleaning and maintenance records to prove the microbiological safety of served beverages. Furthermore, it must be ensured that only food-grade materials are used and that systems are operated and maintained according to manufacturer instructions. Violations of these regulations can result in administrative, financial penalty, or, in severe cases, criminal consequences.
What documentation requirements exist for the operation of a beverage dispensing system?
Operators of beverage dispensing systems must fulfill extensive documentation obligations, especially regarding disinfection, cleaning, and maintenance of the systems. According to the Beverage Dispensing Systems Regulation, every cleaning and disinfection measure must be documented in writing. These records must be kept for a specific period (usually at least one year) and presented to the responsible food inspection authority upon request. In addition, it must be recorded which personnel or external service provider carried out the measures, which cleaning agents were used, and whether there were any complaints. Complying with these documentation requirements is essential to avoid sanctions in the event of hygiene deficiencies.
What liability risks exist for operators of beverage dispensing systems?
Operators of beverage dispensing systems bear extensive responsibility toward consumers. If contamination of dispensed beverages occurs due to insufficient cleaning or improper maintenance, leading to health risks or illness among consumers, both civil and criminal liability risks may arise. Liability covers potential compensation claims from affected persons and, in cases of gross negligence or intent, even criminal liability, for example for bodily injury or failure to render assistance. From an insurance perspective, it is recommended to take out business liability insurance including product liability risks.
Who is responsible for compliance with legal requirements for beverage dispensing systems?
In principle, the owner or operator of the gastronomic establishment is responsible for compliance with all legal requirements. Delegation of specific tasks to trained staff or external service providers does not relieve the operator of his supervisory and control obligations. He must regularly ascertain that necessary cleaning and maintenance activities are properly carried out and that documentation requirements are met. In the case of legal entities (such as a GmbH), responsibility generally lies with the managing directors.
Are there specific personal hygiene requirements when handling beverage dispensing systems?
Yes, the hygienic handling of beverage dispensing systems by staff is also legally regulated. In accordance with the requirements of the Infection Protection Act (IfSG), especially § 43, staff must be regularly informed about bans and restrictions on activities in the food sector. Occupational safety instructions, comprehensive training in hygiene rules (HACCP concept), and proof of hygiene training are also mandatory. Additionally, clean work clothing, thorough handwashing, and prevention of contamination during use of dispensing systems must be observed. Violations may result in fines and temporary employment bans.
What inspections and monitoring are carried out by authorities?
Beverage dispensing systems are subject to regular inspection by official food monitoring authorities, which are organized at the district office or municipal level. Officials check both the technical cleanliness of the systems and compliance with documentation and reporting requirements. Individual sample collections and bacteriological investigations may be ordered. In the case of deficiencies such as microbiological contamination, unfulfilled documentation requirements, or shortcomings in the hygiene concept, sanctions may be imposed, including temporary closure of operations.
What requirements apply in connection with dispensing tap water from beverage dispensing systems?
Special legal requirements also apply to the dispensing of tap water from beverage dispensing systems. The Drinking Water Ordinance is especially relevant here. Systems must be designed, operated, and maintained so as to exclude any health risk to consumers. This includes regular microbiological analyses, avoidance of dead water zones and cross-contamination, as well as maintenance by qualified personnel. Failure to comply with these requirements may be considered a violation of food law and result in substantial sanctions.
