9 replies to this topic

[Bevsafety]

Hi!

 

I am looking to get some clarity on recall process.

 

as a co-packers who also makes our own products, we have a robust recall manual but i feel it's missing some key elements that are co-packer specific which has raised some questions:

 

who is responsible for initiating a recall (as in calling the regulatory body) on contract product? brand owner or the facility? is assume its the brand owner, but what if they don't do it? should we state that we will call the feds if they don't?

 

my thoughts are that the company who receives the complaints would be the responsible people and the co-packer is responsible for informing the brand owner if there are any identified issues they have discovered, and perhaps recommending recall as the next step to the brand owner if they have lost control of their LOT.

 

On the other hand, the co-packer must be fully involved in the investigation and provide all traceability and findings, and aid in the success of the recall. maybe even help with retrieval coordination. 

 

i guess i need clarity on if and when the co-packer would ever initiate a recall of product that is not theirs. am i missing anything?

 

i just can't imagine ever initiating a recall on product i don't own, even if i did all the procuring processing and shipping for that brand owner

 

[GMO]

Hi!

 

I am looking to get some clarity on recall process.

 

as a co-packers who also makes our own products, we have a robust recall manual but i feel it's missing some key elements that are co-packer specific which has raised some questions:

 

who is responsible for initiating a recall (as in calling the regulatory body) on contract product? brand owner or the facility? is assume its the brand owner, but what if they don't do it? should we state that we will call the feds if they don't?

 

my thoughts are that the company who receives the complaints would be the responsible people and the co-packer is responsible for informing the brand owner if there are any identified issues they have discovered, and perhaps recommending recall as the next step to the brand owner if they have lost control of their LOT.

 

On the other hand, the co-packer must be fully involved in the investigation and provide all traceability and findings, and aid in the success of the recall. maybe even help with retrieval coordination. 

 

i guess i need clarity on if and when the co-packer would ever initiate a recall of product that is not theirs. am i missing anything?

 

i just can't imagine ever initiating a recall on product i don't own, even if i did all the procuring processing and shipping for that brand owner

 

Sorry bumping due to your lack of replies.

 

UK law would be the brand owner who initiates the recall but I don't want to assume it's the same in Canada.

[Scampi]

It is not the same in Canada-------because YOUR facility is the one licensed and inspected, it is your responsibility the brand owner DOES NOT have a license for your facility

 

IF you discover an issue, YOU are responsible for initiating the recall, but out of curtesy , one would assume the first people you contact are the companies you pack for

 

Brand owner has much less legal requirement than the manufacturer (that would be you)

 

If the brand owner catches an issue that requires a recall or withdrawl, then they contact you and CFIA

 

https://inspection.c...ecall-procedure

[MDaleDDF]

what about the US?

[Scampi]

depends on how the licenses are issued

 

I would assume USDA it would be the manufacturer...........may be different with FSIS

[Bevsafety]

Thank you! @scampi 

 

So if the brand owner notices the issue they initiate the recall but if the co-packer finds evidence, they initiate the recall. i get that.

 

my issue is that calling CFIA is "voluntary" so would it not be wise to at least consult the brand owner and ultimately they have the last say as it's their product? if they refuse, the -co-packer can call then.

 

additionally, the traceability and product retrieval is largely under the control of the brand owner as the co-packer does not distribute, so the co-packer can't  provide all the necessary information to the CFIA. so, would the co-packer call the CFIA and then advise them to call the brand owner for further actions?

the co-packer can provide production, storage, and shipping quantities, and trace to first distribution warehouse (at which point it changes hands to the brand owner). the brand owner would have to trace from that point by liaising with the warehouse for inventory holds and counts, and further tracing. the co-packer have no visuals on sales or shipments to retailers, etc. 

 

when writing the recall process, what is the best way to assign these responsibilities and ensure brand owner is a part of this process?

 

it feel like it's more of a collaborative effort and that we should seek approval from the brand owner before calling CFIA. mostly because there's only need for recall is it have reached consumers and is out of our control (which we don't know without the brand owners cooperation). if i wrote in:

- co-packer immediately calls brand owner to determine recall potential.

- if the brand owner has lost control of any amount of product, and recall will be initiated and the co-packer will contact CFIA 

- the brand owner shall initiate all efforts to remove product from shelves and provide all records and updated of efforts for product retrieval and keep an count of retrieved product which will be reported to the CFIA. the co-packer can provide assistance and resources to help expedite this process.

 

any thoughts on this?

[Scampi]

Where did you learn calling CFIA was voluntary???  You are the manufacturer, so you are REQUIRED to notify them------it's part of the licensing agreement

 

You should spend some time really understanding the legislation so that you can write a procedure that protects YOUR FIRM.  The brand owner is responsible for themselves, and here's hoping they know what is required.

 

From personal experience, CFIA will ensure that the brand owner is involved no matter what your process says, IMHO, my procedure would STOP at NOTIFY BRAND OWNER, there customers, there issue

 

 

 

 

 

https://inspection.c...esponse-process

 

For example, this is how CFIA would handled it if they initiated the recall

Addendum B: Recommended messaging for co-packed food RE: Request for a copy of the (Health) Risk Assessment regarding (Subject)

This is further to your request dated (date) for a copy of the (health) risk assessment regarding (subject).

Although the food in question carries your brand name, much of the information contained in the risk assessment relates to a third party (the recalling firm). For this reason, the release of copies of (health) risk assessments outside the formal Access to Information Process is done only for companies identified as recalling firms. However, the recalling firm (or your supplier) may request a copy which they may be willing to share with you.

If you wish to obtain a copy of the health risk assessment from the CFIA, you may make an Access to Information Act request online via the CFIA's website or in writing at:

Access to Information and Privacy Office
Canadian Food Inspection Agency
1400 Merivale Road
Ottawa, ON
K1A 0Y9

The request requires the payment of a $5.00 application fee. The Access to Information and Privacy Office will review your request and determine if any exemptions apply.

You can contact the Access to Information and Privacy Office by phone at (613) 773-5990 or by email at ATIP-CFIA-AIPRP@inspection.gc.ca for any information on this process.

You can also find general information on the CFIA website.

Please do not hesitate to contact me if you have any further questions.

Sincerely,

(lead investigator or assigned inspector)

 

For co-packed food, the risk assessment can only be released to the company who has been identified as the recalling firm (for example, if the food has been co-packed for Grocery Store A under the store's own brand name, but the manufacturer was identified as the recalling firm to the CFIA, the assessment can only be released to the manufacturer, not to Grocery Store A. The regulated party may, at their own volition, subsequently share the risk assessment with other stakeholders (for example, their receiving client, the supply chain, associations they may be members of, etc.).

 

Feel free to message me directly on this forum

[jfrey123]

There's likely some legalese that needs to be reviewed with whatever contracts you guys have with your client.  In my mind, the manufacturing site has 100% dead nuts legal authority to issue a recall when the circumstances are related to your production.  Your site finds that there was FM introduced, then it's 100% on you to initiate the recall.  No debate, no nothing.  You save the public and then pay the losses to your customer.

 

Now when the customer you packed for finds evidence from the sales of their product, maybe they issued a label incorrectly or whatnot, the decision to recall is theirs.  As much as I dislike the concept, I know businesses will balance the dollar value of a recall vs a lawsuit, and that's why I say legalese in the contracts plays a part.

[Bevsafety]

appreciate the insight form everyone, thank you! I am in agreeance with what is being shared and appreciate the confirmation that CFIA will bring the brand owner in. 

[liberator]

The company I previously worked for where their product was being made by a third party manufacturer, the TPM was not authorised to do the recall. The TPM would advise the brand owner of the issue and then the decision to recall had to be made by the brand owner. The products typically made by the TPM went into the Brand owner own distribution centres, so they had the logistical information as to where the product was in the supply chain.