Technology

Sausage pellet dispute leads to legal fight due to weighing 2.3 grams difference.

The focus is on the sausage, particularly its casing and the debate over whether it can be measured by weight.

SymClub
May 19, 2024
2 min read
NewsPorkPackaging OrdinanceRegionalEU standardsDeceptive packagingMinsterPoultry MeatNews domesticcalibration orderVerdictButcherSausageGardener KoljaHigher Administrative Court of North Rhine-WestphaliaLawsuit
The artificial casing around and the clips at the ends of fine liver sausage will occupy the...
The artificial casing around and the clips at the ends of fine liver sausage will occupy the highest administrative judges in North Rhine-Westphalia next week (symbolic photo)

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Last week, the Münster Higher Administrative Court faced a decision regarding AfD's classification as a suspected right-wing extremist by the Office for the Protection of the Constitution. However, next Thursday, they're set to tackle a tastier topic: Liverwurst.

The Issue: 2.3 and 2.6 Grams

The conflict began five years ago during two inspections conducted by the Münster Calibration Office at a sausage factory in Warendorf. On February 6, 2019, the strict measuring masters found that a "Geflügel-Leberwurst fein" (fine poultry liver sausage) with a supposed filling weight of 130 grams weighed only 127.7 grams.

This was due to the 2.3 grams comprised by the artificial casing and metal clips at the ends of the sausage. Later, in a test of a "Leberwurst fein" made from pork on August 13, the weight of the casing and clips reached an alarming 2.6 grams.

Excerpt from the first-instance judgment of the Münster Administrative Court

The production of these underweight liver sausages was prohibited. The company appealed to the Münster Administrative Court, arguing that sausage clips and shaping sausage casings shouldn't be subtracted from the tare. This was in accordance with the "Guideline on the filling quantity testing of pre-packaged products and testing of custom-made containers by the competent authorities."

The Court: Metal Clips and Sausage Casings are External Components

The 9th Chamber judiciously weighed the situation and dismissed it on March 28, 2023. The European regulation "LMIV - Regulation (EU) 1169/2011 of October 25, 2011" was paramount. It "promotes comprehensive harmony in food information law, resulting in the definitions of the LMIV taking precedence over any conflicting national regulations."

On May 23, an important sausage issue will be heard at the Münster Higher Administrative Court

The justification states: "The conditions for issuing the ban on marketing pre-packaged sausage products in which non-edible sausage clips or non-edible sausage casings or a combination of non-edible sausage clips and non-edible sausage casings are not offset but added to the net filling quantity are met. The products mentioned fall below the nominal filling quantity in an illicit manner. With regards to additional violations, there's a legitimate concern for danger. The legal consequence imposed by the defendant is not legally objectionable."

Disgruntled with this verdict, the company has taken their appeal to the next level and will have an oral hearing in Room I of the OVG on May 23. The discussion will revolve around the sausages.

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Source: symclub.org

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