As part of the official monitoring of foodstuffs and consumer goods, random samples of foodstuffs, cosmetics, consumer goods and tobacco products are regularly taken to check their marketability.

The economic operators can have the samples examined by private experts (counter-sample experts) at their own expense in order to refute complaints by the monitoring authorities and to be able to prove that they have fulfilled their duty of care.

As a private expert, you need to be licensed to examine samples left behind by the official authorities. You must have the required training in your respective field and have completed two years of practical work in that field. In addition to your professional competence, you must also be able to prove that you have a testing laboratory suitable for the proper performance of the examination.

Only private experts who have been approved for this activity by the competent authorities of the federal state in which they have their headquarters are authorized to examine counter or duplicate samples - as specified in Section 43 (1) Sentence 2 of the German Food and Feed Code and Section 42 (1) Sentence 2 of the Provisional Tobacco Act.