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Infection hygiene monitoring

Gesundheitsamt (public health office) · monitoring under the Infection Protection Act (Infektionsschutzgesetz, IfSG)

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Who is checked by the Gesundheitsamt is set out in two sections with three groups. § 36 Abs. 1 IfSG names the establishments that are subject to infection hygiene monitoring — community facilities, homeless shelters, accommodation for refugees, other mass accommodation and penal institutions. Abs. 2 names a second group for which the law only says they “may” be monitored: businesses in which activities performed on humans may transmit pathogens through blood — tattoo and piercing studios, podiatry. And § 23 Abs. 6 IfSG forms the third group: hospitals, doctors’ and dentists’ practices, dialysis facilities, day clinics, birthing facilities and ambulance services. The difference between “are subject to” and “may” is not a detail: it determines whether a check is routine or triggered by a specific occasion.

And here is the distinction on which most accounts fail: hygiene checks in catering and food retail do not belong here. HACCP self-checks, temperature logs and pest control are not covered by the Infection Protection Act but by Article 5 of Regulation (EC) No 852/2004 on food hygiene, and who monitors them is expressly determined, under § 38 Abs. 1 of the Food and Feed Code (Lebensmittel- und Futtermittelgesetzbuch, LFGB), by state law — in most federal states the food monitoring authority of the district or city, not the Gesundheitsamt. This is not a matter of mere formality: it determines which authority writes the record, who issues the notice, and to whom an objection must be addressed. What the Gesundheitsamt can actually require in a restaurant are the certificates under § 43 IfSG — not the self-check system.

What the monitoring requires in substance is the same under both provisions and can be summed up in one phrase: the hygiene plan. § 36 Abs. 1 and § 23 Abs. 5 IfSG require that the internal procedures for infection hygiene be set out in hygiene plans. This is not a formality: the plan is the first thing asked for, and a business without a plan already has a finding against it before the inspection even begins. For establishments under § 23, its Abs. 4 adds the continuous recording of nosocomial infections and resistant pathogens, which must be kept for ten years.

Last updated28 August 2026
Legal basis§§ 23, 36 IfSG
VerificationChecked against IfSG, TrinkwV, LFGB and Regulation (EC) 852/2004
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Gesundheitsamt, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
Mandatory group§ 36 Abs. 1Subject to monitoring
Discretionary group§ 36 Abs. 2May be monitored
Medical sector§ 23 Abs. 6Clinics and practices
Maximum regulatory fineUp to €25,000§ 73 Abs. 2 IfSG
Required documents

What you need

The hygiene plan

The internal procedures for infection hygiene, set out in writing. It is the central obligation under § 36 Abs. 1 and § 23 Abs. 5 IfSG — and must fit the actual establishment, not come from a template.

Cleaning and disinfection plan

Which surface, when, with what, and by whom. It is part of the hygiene plan and is checked against the practice during the inspection — discrepancies between the plan and reality are the most common reason for a finding.

Certificates under § 43 IfSG, where food is involved

In the kitchens of community facilities, the Gesundheitsamt may want to see the certificates and the documentation of the follow-up instructions. This is the part that also falls under the IfSG in a Kita (child daycare centre) kitchen.

For establishments under § 23: the records

Nosocomial infections, pathogens with particular resistances and antibiotic consumption are continuously recorded and assessed; the records must be kept for ten years.

For aerosol-generating systems: the drinking water test results

Where showers or similar facilities are operated, the Legionella test results under § 31 of the Drinking Water Ordinance (Trinkwasserverordnung, TrinkwV) are among the documents to be produced. In public facilities the interval is annual, not three-yearly.

Step by step

How to proceed

  1. 1

    First establish which authority is actually responsible

    Infection hygiene under §§ 23 and 36 IfSG: the Gesundheitsamt. Food hygiene under Regulation (EC) No 852/2004 and the LFGB: the authority determined by state law, usually the food monitoring authority. Anyone who attributes the notice to the wrong body also addresses the objection incorrectly.

  2. 2

    Determine your own group

    § 36 Abs. 1 (community facilities, accommodation, penal institutions) is subject to monitoring; § 36 Abs. 2 (activities with possible blood transmission) may be monitored; § 23 Abs. 6 covers clinics, practices, dialysis and ambulance services. The difference determines whether a check is routine or triggered by a specific occasion.

  3. 3

    Tailor the hygiene plan to your own establishment

    It must reflect the actual procedures — rooms, equipment, staff, cleaning intervals. A template text that has simply been adopted and does not fit the establishment is treated as a missing plan.

  4. 4

    Accompany the inspection and read the record

    You are entitled to be told what is being found fault with and on what legal basis. Have the provision cited entered in the record; without it, neither the deadline nor the available legal remedy can later be assessed.

  5. 5

    Remedy deficiencies within the deadline — and document the remedy

    Re-inspections are subject to a fee in many federal states, routine inspections generally are not. Document the remedy in writing instead of merely reporting it verbally.

Fee information

Costs and payment

Costs and legal frameworkFees are governed by state law
Routine inspectionUsually no fee
Re-inspectionUnder the fee ordinance of the federal state
Hygiene planMandatory, §§ 23, 36 IfSG
Records, § 23 Abs. 4Ten years
Fine range under the IfSGUp to €25,000
Food hygieneDifferent authority, different law

Higher fine amounts that are commonly cited come from food law. For the Infection Protection Act, the range under § 73 Abs. 2 IfSG applies — in two tiers.

Good to know

Important notes

The sentence on this page with the greatest practical consequences concerns a question of jurisdiction: if your restaurant is inspected, it is, as a rule, not the Gesundheitsamt that does so. HACCP, temperature logs and pest control belong to food law, whose monitoring § 38 Abs. 1 LFGB assigns to state law. This determines who issues the notice and where an objection goes.

The difference between “is subject to” and “may” in § 36 is not a linguistic nuance. For tattoo and piercing studios and for podiatry, monitoring is at the office’s discretion — which in practice means: triggered by a specific occasion, often following complaints, and with a correspondingly short lead time.

Federal law does not require annual hygiene training. Regulation (EC) No 852/2004 requires, in Annex II Chapter XII, training appropriate to the activity, without specifying a frequency. Any annual requirement may arise from the business’s own hygiene concept or from a condition imposed — not from the law itself.

The maximum regulatory fines under the Infection Protection Act are set out in § 73 Abs. 2 IfSG, and there are two of them. The general maximum extends to €25,000. For a specifically named group of infringements, however — numbers 7a to 7d of Abs. 1a, that is precisely the proof obligations surrounding measles vaccination under § 20 — the lower maximum of €2,500 applies. Higher amounts that are in circulation come from food law and thus from a different statute and a different authority.

Avoid these mistakes

Common mistakes

Mistaking the food inspection for a Gesundheitsamt check. They are two authorities, two laws and two separate routes of legal recourse.

Adopting a template hygiene plan unchanged. It must reflect your own procedures; otherwise it is treated as a missing plan.

Waiting for advance notice. Infection hygiene monitoring does not require advance notice.

Signing the record without a stated legal basis. Without the provision cited, neither the deadline nor the legal remedy can be assessed.

Reporting deficiencies as resolved only verbally. The remedy should be verifiable, or a chargeable re-inspection will follow.

Frequently asked questions

Questions and answers

Does the Gesundheitsamt check my restaurant?

As a rule, no. Hygiene in catering and food retail is governed by Regulation (EC) No 852/2004 and the LFGB, and § 38 Abs. 1 LFGB expressly refers monitoring of this to state law — in most federal states that is the food monitoring authority of the district or city. What the Gesundheitsamt can require in a restaurant are the certificates under § 43 IfSG.

Who is subject to infection hygiene monitoring?

Under § 36 Abs. 1 IfSG: community facilities, homeless shelters, accommodation for refugees, other mass accommodation and penal institutions. Under § 36 Abs. 2, businesses in which activities performed on humans can transmit pathogens through blood may also be monitored — tattoo and piercing studios, for example. And § 23 Abs. 6 covers hospitals, doctors’ and dentists’ practices, dialysis facilities and ambulance services.

Is a hygiene plan really mandatory?

Yes. § 36 Abs. 1 and § 23 Abs. 5 IfSG require that the internal procedures for infection hygiene be set out in hygiene plans. The plan must fit the specific establishment; an unadapted template text does not satisfy the obligation.

Are inspections announced in advance?

The provisions do not require any advance notice, and in practice inspections are regularly carried out unannounced. It is therefore sensible to keep the hygiene plan and the related evidence permanently at hand, rather than preparing them only for a specific appointment.

How high can a fine be?

§ 73 Abs. 2 IfSG sets two ranges: up to €25,000 in general, and up to €2,500 for the narrowly defined group of infringements relating to the measles proof of immunity required under § 20. Higher amounts that are often cited come from food law and therefore from a different law.

Must staff be trained every year?

Federal law does not impose an annual cycle. Regulation (EC) No 852/2004 requires, in Annex II Chapter XII, instruction and training appropriate to the activity, but specifies no frequency. Something different applies to the follow-up instruction under § 43 Abs. 4 IfSG: this must be carried out and documented by the employer every two years.

Related official procedures

Instruction under § 43 IfSG
Instruction instead of a medical examination — no health certificate
One-off, with no expiry
Drinking water testing
Action value, not a limit value
Three years or annually
Infection notification
Three catalogues, two recipients, two deadlines
24 hours

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