7 replies to this topic

[Oliver_Whiting]

Hi, 

 

I am considering the legislation associated with a product recall and crisis management due to a product being contaminated with Listeria. So far I have considered an organization's legal obligations in relation to: 

 

- The Food Safety Act 

- EC No. 2073/2005 

- EC 178/2002 

Articles 7 / 19 / 21 / 55

- EC 478/ 2004 

- The Food Hygiene and Safety Regulations 2013. 

 

Is there any other legislation I have not considered that may be worth considering? 

 

Please bare in mind this is my first post and is also a case study, not a real-life event and 

 

Thank you for any guidance in advanced. 

 

 

[LostMyMind]

I'm not based in the UK, so I cannot speak to the national legislation, but I can think of a couple of things that you might want to at least consider:

 

1.) Are you are exporting any products to other countries?  If so you would have consider that as well.  (If that is not something that you want to mess with, I would suggest just stating that you don't export).

2.) Most food producers are aligned with some type of third party audit scheme (most often called a GFSI scheme).  Most (if not all) of those schemes require you to communicate a recall to them as well.

 

Hopefully this helps you somehow.  Good luck in your endeavors.

 

Todd

[zanorias]

Hi Oliver,

 

Welcome to the forum

 

Are you looking at legislation directly applicable to yourself as a manufacturer, or legislation in general relating to a recall?

This FSA document may be of some use:

https://www.food.gov...dance-final.pdf

 

From it is the below:

In accordance with Article 54 of Regulation (EC) No. 882/200411, enforcement authorities have the power to order a withdrawal/recall of a food if FBOs do not fulfil their legal obligations regarding the safety of food.

 

As Todd mentions, different schemes and indeed customers will no doubt have their own requirements for a recall, though I assume for this thread you only want legal requirements?

[Oliver_Whiting]

I'm not based in the UK, so I cannot speak to the national legislation, but I can think of a couple of things that you might want to at least consider:

 

1.) Are you are exporting any products to other countries?  If so you would have consider that as well.  (If that is not something that you want to mess with, I would suggest just stating that you don't export).

2.) Most food producers are aligned with some type of third party audit scheme (most often called a GFSI scheme).  Most (if not all) of those schemes require you to communicate a recall to them as well.

 

Hopefully this helps you somehow.  Good luck in your endeavors.

 

Todd

Hi Todd, 

 

Thank you for taking the time to reply. One point I could consider should the product be exported to other countries is the use of the RASFF system for food and feed safety alerts so I will bare this mind along with your comments on a benchmarked GFSI scheme. 

 

Thank you. 

[Oliver_Whiting]

Hi Oliver,

 

Welcome to the forum

 

Are you looking at legislation directly applicable to yourself as a manufacturer, or legislation in general relating to a recall?

This FSA document may be of some use:

https://www.food.gov...dance-final.pdf

 

From it is the below:

In accordance with Article 54 of Regulation (EC) No. 882/200411, enforcement authorities have the power to order a withdrawal/recall of a food if FBOs do not fulfil their legal obligations regarding the safety of food.

 

As Todd mentions, different schemes and indeed customers will no doubt have their own requirements for a recall, though I assume for this thread you only want legal requirements?

 Hi Zanorias thank you for your welcome! 

 

Yes, the legal requirements particularly to that of a manufacturer so their legal obligations. I've raised the point of precautionary measures (initially) Article 7 of 178/2002 as tests were conducted for Listeria spp. which I only believe to be a generic test, further tests to identify the serotype will / have been conducted. 

 

I wasn't aware of the FSA document.  Article 54 is a good point I could raise this alongside Article 55 and EC No. 478/2004 crisis management plan for the case study manufacturer? 

 

Thank you!  

[Scampi]

This real example may be of some assistance

 

https://www.swlawyer...n-Stevenson.pdf

[zanorias]

Would it also be worth considering EC178:2002 article 14 which, IIRC, has two conditions when determining whether a food is indeed "unsafe" - a. intended use and b. information provided to the consumer. These could thereby determine the necessity for a recall depending on the situation i.e. food & listeria species. Though I guess it depends if your case study has a starting point of the need for a recall being decided upon already and you're looking at relevant legislation thereafter.

[Oliver_Whiting]

Would it also be worth considering EC178:2002 article 14 which, IIRC, has two conditions when determining whether a food is indeed "unsafe" - a. intended use and b. information provided to the consumer. These could thereby determine the necessity for a recall depending on the situation i.e. food & listeria species. Though I guess it depends if your case study has a starting point of the need for a recall being decided upon already and you're looking at relevant legislation thereafter.

Hi Zanorias, 

 

Great point, I will consider this alongside Article 17/19 and potentially Article 18 which considers the traceability.