Definition and Legal Foundations of the Official Technical Assistant
Der Official Technical Assistant is a professional title established within German food inspection and veterinary services. It refers to state-certified individuals who are employed in the public sector, particularly by state and municipal authorities responsible for food and veterinary oversight. Official Technical Assistants primarily carry out supportive duties in the performance of official controls as defined by European and German food law.
Legal Foundations
The legal foundations for the Official Technical Assistant are found in both national and European law. At the European level, the tasks, requirements, and qualifications associated with official controls are governed by the Regulation (EU) 2017/625 on official controls and other official activities . In German law, relevant state regulations, the state food supervision implementing ordinances, and corresponding administrative provisions are decisive. The execution and supervision are also regularly subject to the provisions of the Food Surveillance and Veterinary Offices.
Areas of Responsibility of the Official Technical Assistant
Job Profile
Official Technical Assistants support the sovereign duties of official inspectors and in particular carry out the following:
- Support in overseeing and inspecting food-processing businesses
- Collection and dispatch of official samples (foodstuffs, consumer goods, cosmetic products)
- Documentation and recording of inspection results
- Assistance with measures in the area of animal health and animal welfare
- Preparation of statements and reports as part of official activities
The performance of these tasks is carried out within the scope of the legal powers provided and always under the professional supervision and according to the instructions of the responsible officials or authority management.
Position in Administrative Enforcement
Official Technical Assistants are mid-level employees in the public sector and work in cooperation with official veterinarians, food inspectors, and other public food surveillance employees. They primarily work independently but are not exempt from directives; legal decisions and orders are reserved for the responsible supervisory bodies.
Qualification and Training
Entry Requirements
Admission to training as an Official Technical Assistant generally requires a secondary school certificate or equivalent education, as well as a relevant completed vocational training. Exact requirements may vary according to state regulations.
Training and Examination
Training to become an Official Technical Assistant is governed by the respective state ordinances and usually lasts between 12 and 24 months. It consists of both theoretical and practical components. The content covers the following subject areas:
- Food law and related legal fields
- Sampling and examination techniques
- Animal welfare regulations
- Administrative procedures and reporting
Upon completion of the training, a state examination must be passed to be entitled to bear the professional title “Official Technical Assistant”.
Official Technical Assistants in Food and Feed Law
Duties under EU Regulation (EU) 2017/625
According to Regulation (EU) 2017/625, Official Technical Assistants take on tasks in the public inspection of compliance with relevant regulations in the fields of food, feed, and veterinary matters. This includes, among other things, sampling and examinations, monitoring businesses for compliance with hygiene requirements, and supporting the enforcement of official measures.
Participation Duties and Powers
Official Technical Assistants are bound to confidentiality and are subject to data protection with respect to official acts and the knowledge of data. Their activities are regulated by service instructions and limited to statutory provisions. They are not permitted to issue independent administrative acts; however, they significantly participate in their preparation and execution.
Special Legal Statuses and Duties
Civil Servant and Employment Law Status
Official Technical Assistants may serve either as civil servants or as employees. The relevant civil service and collective bargaining regulations apply. Like other public service employees, they are subject to special duties with regard to neutrality, loyalty, and confidentiality.
Liability and Responsibility
If actions are performed within the scope of their legally assigned duties, official liability applies. Official Technical Assistants are generally not personally liable for damages arising from the proper discharge of duties, except in cases of intent or gross negligence.
Significance and Legal Policy Classification
The Official Technical Assistant serves as a central interface within the German control system in the field of food safety and health consumer protection. The position provides significant relief for those in higher-level functional roles and ensures the efficient performance of control and monitoring tasks at the state and municipal level.
Literature and Further Norms
- Regulation (EU) 2017/625 of the European Parliament and of the Council
- State-level food supervision implementing ordinances
- Administrative provisions of the respective states in the area of food control and veterinary services
- Main statutes and ordinances of public sector employers
Note: The applicable state-specific regulations and current versions of European and national legal foundations must be observed. The actual legal situation may further develop through state directives and court decisions.
Frequently Asked Questions
What are the official duties and powers of an Official Technical Assistant in legal terms?
The Official Technical Assistant plays an important role in the German legal system, especially in the area of official food supervision and related fields. The duties and powers are determined mainly by food safety and feed law, especially the Food and Feed Code (LFGB) and relevant ordinances at federal and state level. Official Technical Assistants are authorized, on behalf of the competent authorities, to collect samples, conduct inspections on-site, and independently initiate certain administrative acts within defined limits. Their activities are subject to the professional supervision and authority of official veterinarians or other responsible professionals. Legally significant is the fact that Official Technical Assistants, in carrying out their tasks, are considered delegated persons or appointed authorities as defined by the Administrative Procedures Act (VwVfG) and, therefore, enjoy the protection of official liability pursuant to Section 839 of the German Civil Code (BGB) in conjunction with Article 34 of the Basic Law (GG).
What legal foundations govern the qualification and appointment of Official Technical Assistants?
The qualification, appointment, and commissioning of Official Technical Assistants are regulated in detail in various legal provisions, with food and animal disease regulations particularly notable. A key legal foundation, in addition to the LFGB, is the “Regulation on the Requirements for Suitability, Qualification, and the Advanced and Continuous Training of Official Technical Assistants” (so-called Technical Assistant Qualification Regulation). This stipulates that successful completion of appropriate training and a state examination are prerequisites for appointment. The appointment is made by the competent authority (e.g., Office for Consumer Protection or Veterinary Office), possibly for a limited period or under certain conditions. The decision on suitability and appointment is subject to general provisions of administrative law and can thus be judicially reviewed.
What are the legal limitations for Official Technical Assistants in the course of their duties?
The legal boundaries of the activities of Official Technical Assistants are strictly defined by law. Their powers are laid down in both substantive and procedural terms by the relevant special laws and regulations (such as the LFGB, the Animal Welfare Slaughter Regulation, or the Food Control Regulation). They may only act within the scope of their appointment, specifically on behalf of and under the professional direction of the competent authority or the official veterinarian. Furthermore, they may not make decisions that are exclusively reserved for persons with a completed degree in veterinary medicine (such as diagnostic evaluations or the imposition of animal disease measures). Legal restrictions result in particular from the principles of legal reservation, proportionality, and data protection requirements under the GDPR.
What liability aspects need to be considered in the activities of Official Technical Assistants?
The liability of Official Technical Assistants follows the general principles of public service and administrative law. In the context of their official duties, they do not act as private persons but on behalf of the state or the authority. Therefore, in the event of any damage caused by their official conduct, the principle of official liability pursuant to Section 839 BGB in conjunction with Article 34 GG applies: liability primarily lies with the employer (the authority), not the Official Technical Assistant personally, unless the latter acts intentionally or with gross negligence. In such cases, the authority may seek recourse against the Official Technical Assistant. Disciplinary law also applies in the event of official breaches of duty.
What involvement and participation rights do Official Technical Assistants have in administrative procedures?
In administrative procedures, especially during business inspections or sample collection, Official Technical Assistants act as representatives of the state food or meat inspection authority. Their rights of participation are laid down by law and may include participating in executive measures, gathering evidence (e.g., sampling), preparing reports, and participating in hearings and debriefings. They have no authority to decide on official measures that would entail more extensive infringements of fundamental rights (such as business closures or animal disease control orders), but act solely in a supporting capacity. Their participation is documented in detail in the official procedural files, which may also be subject to judicial review if necessary.
In which cases does the appointment of an Official Technical Assistant legally end?
The appointment of an Official Technical Assistant regularly ends upon expiration in the case of a fixed-term appointment, by revocation of the appointment, official measures (e.g., dismissal, reassignment, or suspension), upon retirement, or upon loss of professional or personal suitability. Legally, revocation of an appointment is permitted under the provisions of the Administrative Procedures Act if the prerequisites for appointment are no longer met or if the Technical Assistant has violated relevant official or legal duties. The right to be heard and the obligation of the authority to provide reasoning also apply here under the general principles of constitutional law.
