Recall and notification for unsafe food and feed required within 4 hours

"Immediate" action is a must in case of unsafe food and feed. This open standard from European legislation (General Food Regulation (178/2002) and Implementing Regulation (931/2011)) has recently been specified in a national Policy Rule. "Immediately" means that within 4 (!) hours after there is reason to believe that a product is unsafe, a consumer recall must be initiated. Within the same 4 hours, the NVWA (Netherlands Food and Consumer Product Safety Authority) must also be notified in relation to the source of the products and in relation to the customers of the products (1 step up and 1 step further down the chain).

FoodDaniel HaijeSeptember 28, 2022recall, food, food law, NVWA

Medical claims in food to be fined under FIC Regulation or Medicines Act?

Groundbreaking and justified. If a prohibited medical claim is made for a food supplement the NVWA is to base a fine on the Foodstuffs Act (starting amount €550). Until now the NVWA reasoned that a double fine could be imposed on the company based on the Medicines Act (starting amount per fine €150,000). In a thorough and convincing judgment the Court of Oost-Brabant rules out the Medicines Act in this case.

Advertising, FoodDaniel HaijeJuly 12, 2022medical, claim, medicines act, NVWA

High discounts on alcohol prohibited from July 1st

On July 1st the new Alcohol Act will enter into force, replacing the Drinks and Catering Act. These new rules aim to prevent alcohol use by young people and combat problematic alcohol use in the Netherlands. The most prominent change is the ban on discounts above 25% in retail stores (Art. 2a Alcohol Act). This puts an end to offers such as 'buy one, get two’ or 'three for the price of two'.

Fruit or fruit-flavored?

A recurring key question is whether a food product can have a picture of the fruit in question on it. When do you have to add "flavor"? The Dutch Food and Consumer Product Safety Authority (NVWA) has recently issued a manual that clarifies how the NVWA will enforce.

Food, AdvertisingDaniel HaijeJune 23, 2021food law, fruit, flavor, flavour, NVWA

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