Instruction under § 43 IfSG
Gesundheitsamt · Infection protection in the food sector
One word first, because it is almost always stated incorrectly: “health certificate” does not appear in the Infection Protection Act (Infektionsschutzgesetz, IfSG). The term comes from the Federal Epidemics Act (Bundes-Seuchengesetz), which applied until the end of 2000 — and there it stood for something different, namely a medical examination including a stool sample. What the Gesundheitsamt issues today under § 43 IfSG is a certificate of instruction: you are informed of the prohibitions on working and declare that you are not aware of any grounds that would prevent you. No examination takes place, no blood is taken and no sample is given. Anyone who attends expecting a medical certificate is expecting the wrong service — and anyone who asks for a “health certificate” is asking for a document that has not existed for over twenty years.
What the instruction actually teaches is set out in § 42 IfSG — and it is precisely this content that has been missing so far. Abs. 1 prohibits the activity in the case of typhoid, paratyphoid, cholera, shigellosis, salmonellosis, other infectious gastroenteritis, and hepatitis A or E, as well as in the case of infected wounds or skin diseases through which pathogens can be transmitted, and for those who excrete Shigella, Salmonella, EHEC or cholera vibrios — even without being ill themselves. Abs. 2 lists which foods are affected: meat, milk, fish, egg products, infant and young children's food, ice cream, baked goods with a filling that has not been fully heated through, delicatessen and raw-vegetable salads, as well as sprouts and shoots. And Abs. 3 extends the prohibition to kitchens of restaurants and communal catering establishments, as well as to persons who come into contact with the crockery. That is the real message: it is not about a piece of paper, but about recognising this list if it applies to you.
Who needs the certificate thus follows by itself: you need it before you take up, on a commercial basis, any of the activities under § 42 — in the kitchen, in service involving open food, in production, in sales at a fresh-food counter, or in the communal catering of a Kita (child daycare centre), school, hospital or care home. This also applies to short-term temporary work, internships and voluntary activities, if carried out on a commercial basis — and it applies before the first day of work, not during the first week after.
And the point that raises the most questions: the certificate does not expire. It is valid indefinitely. What is time-limited is something else, namely its usability when starting the job: when taking up the activity, under § 43 Abs. 1 IfSG it must be no more than three months old. Anyone who completes the instruction in January and starts in June needs a new one — anyone who starts in January and stays for ten years does not.
