New to the restaurant industry? You need to know these laws!

The restaurant industry is one of the most heavily regulated industries in Germany. Anyone who wants to open their own restaurant, café, bar, or even "just" a food truck must meet numerous legal requirements . Some apply even before opening , others affect ongoing operations .

In this article, we have summarized important legal basics for founders in the restaurant industry that you absolutely should know – including concrete instructions on what to do, when and how .

Trade Regulation Act (GewO)

What does the Trade Regulation Act regulate?

The Trade Regulation Act (GewO) is the central law governing commercial activities in Germany. It requires anyone operating a restaurant, café, snack bar, or bar to register a business.

What do you have to do – and when?

Before you start your business, you must register your business with the relevant trade registration office. You will receive a trade license, which you will need for opening an account or signing contracts, for example.

Restaurant Act (GastG)

What does the Restaurant Act regulate?

The GastG regulates the requirements for serving alcohol in commercial establishments. As soon as you offer alcoholic beverages for consumption on-site, you need a permit according to Section 2 GastG to operate the business.

What documents do you need?

• Current criminal record
• Extract from the Central Trade Register
• Floor plan of the restaurant
• Proof of hygiene training (Section 43 of the Infection Protection Act)
• In some federal states: Proof of training from the Chamber of Commerce and Industry

When do you have to worry about the restaurant law?

The application should be submitted at least 2 months before the opening date, as processing takes time.

Infection Protection Act (IfSG) – Sections 42 & 43

What does the Infection Protection Act regulate?

The IfSG (Infection Protection Act) serves to protect against communicable diseases. Sections 42 and 43, which concern the handling of food, are particularly relevant.

What does the IfSG require?

All persons who work with open food must complete a training course in accordance with Section 43 of the German Infection Protection Act (IfSG) conducted by the health department. This training covers, among other things, reporting obligations in the event of symptoms of illness (e.g., diarrhea, fever) and basic hygiene rules. The initial training must be given before starting work. Thereafter, regular follow-up training sessions must be conducted and documented within the company.

Food Hygiene Regulation (LMHV)

What does the Food Hygiene Regulation regulate?

The LMHV contains specific hygiene requirements for catering establishments – from storage and preparation to serving of food.

What do you have to do?

• You must create a HACCP (hazard analysis) concept
• Cleaning, temperature and pest controls must be documented in writing
• Employees must be regularly trained and instructed in hygiene
• You need suitable premises that can be operated hygienically

💡 Compliance with these obligations is regularly checked by the veterinary office or the health department – unannounced!

EU Food Basic Regulation (Regulation (EC) No. 178/2002)

What does the EU Food Basics Regulation regulate?

This EU regulation sets out the basic principles of food safety within the EU. It obliges you to:

• Traceability of your products (e.g. meat or fish deliveries)
• Duty of care: You may not distribute potentially harmful food
• Informing the authorities in case of a risk (e.g. salmonella outbreak)

Who does the EU Food Basics Regulation apply to?

The obligations apply to all food businesses, including small snack bars, caterers and food trucks.

Price Indication Ordinance (PAngV)

What does the Price Indication Ordinance regulate?

The PAngV obliges you to display final prices including VAT in a transparent and easily recognizable manner.

What does that mean for you specifically?

• All prices on menus must be gross
• Additional costs (e.g. for packaging or deposit) must also be shown
• Prices on digital menus, websites or delivery services are subject to the same rules

💡 Violations can result in warnings or fines.

Packaging Act (VerpackG)

What does the Packaging Act regulate?

The Packaging Act requires companies that place packaging into circulation for the first time (this includes restaurants, for example when they sell a pizza in a pizza box) to register and license packaging.

What do you have to do?

• Register with LUCID, the central packaging register
• License your packaging through a dual system
• Since 2023: Offer a reusable alternative for to-go food and drinks (e.g. deposit system)

💡 You can find further information on the Packaging Act and the central packaging register in our advice section.

Labor Law & Working Hours Act (ArbZG)

What obligations arise from the ArbZG?

As an employer, you are obliged to accurately document all working hours – this applies in particular to mini-jobbers and part-time workers.

What should be considered?

• Max. 10 hours of work per day (8 hours is the norm)
• At least 11 hours of rest between two working days
• The current minimum wage must be observed
• Holiday entitlements, notice periods and social security obligations must be observed

Youth Protection Act (JuSchG)

The JuSchG regulates, among other things, the sale of alcohol and the presence of young people in bars and clubs. Basic rules:

• Beer & wine from 16, spirits from 18
• No stay under 16 years of age after 10 p.m. without supervision

Violations can result in heavy fines and jeopardize your license.

GEMA & Copyright

If you play music publicly – whether on the radio, playlist, or TV – you are required to register with GEMA. Background music in a café is also subject to a fee! Unregistered use of music can lead to warnings and additional payments.

Conclusion: Anyone who starts a business must know the laws

Running a restaurant involves more than just cooking and serving. There are many different regulations, and violations can be not only expensive but even life-threatening. However, those who are well prepared and regularly stay informed will operate legally compliantly and successfully.

• Follow the most important laws
• Use professional advisory services (Chamber of Commerce and Industry, tax advisors, etc.)
• Document and review key processes regularly

A personal, local contact person should always be available to answer questions about your rights and obligations. We've provided you with a rough initial overview of the most important laws on this page. Continue to visit our advice section to stay informed about current restaurant trends and new developments regarding packaging requirements.

Note: We create our guides to the best of our knowledge and belief to provide you with concise information on current restaurant-related topics. However, our advice and overviews are not a substitute for official legal advice.