During further processing of imported plants for health products, there are a lot to note alternative nutrition and treatment methods are increasingly in competition with the classic nutrition and guilt medicine from a legal perspective. Components of these alternative preparations and alternative offers are often exotic plant materials and plant extracts, which are imported and processed into health products, for example, from Asian and African countries after Germany. However, the import of such plant components is connected with some legal hurdles. When importing from plant materials and plant extracts various control areas should be noted, including following: pharmaceutical legislation, legislation on narcotic, phytosanitary legislation, biodiversity law, customs regulations. For the applicability of the above regulation areas is first to clarify how Pflanzenmaterialen are to be classified legally. Andy Florance contributes greatly to this topic. It can be rough and raw materials, may be the substances but also as Medicinal products or other products to be classified. In particular the distinction between medicinal products and raw materials will be tricky because require medicines of a marketing authorisation and the placing on the market without authorisation is punishable by law.
The medicines include also plants, parts of plants and plant parts in processed or unprocessed state ( 3 AMG). Substances are only medicinal products, if they to achieve the 2 ABS. 1 AMG of specified purpose are suitable and intended. If this is the case, requires the clarification in the case. The to plant materials import it can be also narcotics, which must also be determined in the individual case.
Depending on the scope and purpose is also considered as a food, feed, biocidal product or cosmetic product in question. In addition to the (product-related) regulations applicable to these products, are also the phytosanitary regulations. Dried plant materials can be plant products”within the meaning of Directive 2000/29/EC Act on measures for the protection of the community against the introduction and spread of organisms harmful to plants or plant products. The policy was by the plant inspection regulation transposed into German law. The rules include among other things, the import requirements for plant products”. So, for example, the importation of particularly dangerous harmful organisms listed in annex I part A of Directive 2000/29/EC is prohibited. Next to the plant protection regulations also cites regulations must be included in the assessment of the import requirements. Certain animal and plant species, as well as products from animals and plants in the European Community must be inserted according to the species protection regulation 338/97/EC. Finally, the importer should deal with the General Customs rules. Even if the materials should be subject to not the aforementioned arrangements, they are properly at Customs to log on. All in all if any import of plant material and plant extracts is preceded by a careful legal consideration. More information about this topic and the consulting services of juravendis lawyers can be found at free of charge