Itinerant trade: granting of exceptions to prohibitions

If you wish to carry out an activity in the travel trade that is
is generally prohibited by law, you must apply for an exception
from the prohibitions for itinerant trade at the competent authority.
apply. You can find out more here.

The following activities are prohibited in the travel trade; exceptions may be permitted in individual cases:

• Distribution of
  • poisons and goods containing poisons
  • (exception: plant protection products, pesticides and wood preservatives for which a test certificate with a test mark has been issued in accordance with building regulations)
  • hernia bands, medical bandages, medical support apparatus and bandages, orthopaedic foot supports, spectacles and eyeglasses
  • (exception: safety glasses and ready-to-wear reading glasses)
  • electromedical devices including electronic hearing aids
  • (exception: devices with direct exposure to heat)
  • securities, lottery tickets, subscription and share certificates for securities and lottery tickets
  • (Exception: sale of lottery tickets as part of approved lotteries for charitable purposes on public ways, streets or squares or other public places)
  • Writings distributed with the promise of premiums or winnings
• Offering and purchase of
  • Precious metals (gold, silver, platinum and platinum by-metals) and alloys containing precious metals in any form, as well as goods with precious metal overlays (Exception: silver jewelry up to a selling price of 40.00 euros and goods with silver overlays)
  • precious stones, gemstones and synthetic stones as well as pearls
• Offering alcoholic beverages
  (Exception: beer and wine in tightly closed containers, alcoholic beverages from self-produced products of viticulture, agriculture or orcharding and horticulture, the purchase of alcohol for the production of liqueurs and spirits from fruit, plants and other agricultural raw materials, where the raw materials are not fermented themselves and alcoholic beverages, which are served in the context of and for the duration of an event from a fixed place of business for consumption on the spot)
• Conclusion as well as brokering of repurchase transactions (pawnbroking) and brokering of loan transactions against payment for the borrower.

In individual cases, exceptions to these prohibitions may be permitted if, according to the circumstances of the individual case, there is no danger to consumers or the public and no concerns arise from the person of the applicant or other circumstances. These exceptions must be applied for at the responsible office.

The exemption permit is limited to the area of responsibility of the issuing authority.

The content of the exemption permit can be restricted (e.g. to certain types of events), it can be issued with a time limit and it can be linked to conditions. It is also possible to add, change and supplement conditions at a later date.

The holder of an exemption permit is obliged to carry it with him while carrying on the business, to show it to the competent authorities or officials on request and to cease his activities on request until the exemption permit is obtained.

Anyone wishing to operate a traveling trade always requires a permit, a so-called traveling trade card.

To the trade authority of the district or the independent city in which you have your habitual residence.

You can also complete the procedure electronically via the "Point of Single Contact".

• Travel trade card (if required; §§ 55a, 55b GewO)
• Identity card or passport with registration certificate
• If applicable, documents documenting the project

The competent authority may request further documents.

• Written form required: no
• Online procedure possible: yes (if offered)
• Personal appearance required: no

• In order for the competent authority to grant you an exemption from the prohibitions on itinerant trade, you must already be in possession of an itinerant trade card.
• According to the circumstances of the individual case, there must be no danger to consumers or the public, and there must be no objections to an exemption on account of your person or other circumstances.

• Opposition (depending on the state law, the objection may be excluded)
• Administrative court action

If you have submitted an application for an exemption from the prohibitions on itinerant trade to your competent authority and all documents are complete, the competent authority will check whether you meet the relevant requirements.

If you meet all the requirements, you will be granted an exemption from the prohibitions on itinerant trade.

You may not start the activity until you have received the written granting of the exemption.

The written issuance of the exemption is mandatory to wait before you start the activity.

If the documents are complete, the application will be processed promptly.

Is based on the respective administrative fee regulations of the state or on the fee statutes of the bodies responsible under state law.

• Information on the business start-up portal of the Federal Ministry for Economic Affairs and Energy on the subject of trade/travel trade