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Legal obligations and liability

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In the European Union strict rules apply to food safety and product safety of consumer products. If you’re a producer or distributor and you think or have reason to assume that food or a consumer product is (potentially) unsafe, you are obliged to take action. Depending on the situation, this may involve – in random order –product tracing, product withdrawal from the market, notifying the NVWA, publication of a warning and/or a product recall.

The basic principle that you’re obliged to take action in case of a (potentially) unsafe food or consumer product, is a strict one. This responsibility lies with all businesses in the supply chain, i.e. with the producers as well as the distributors (including retailers). If you do nothing or not enough, you are in principle liable for the resulting loss and could be facing administrative measures and prosecution. In practice it can be hard to tell whether a food or consumer product is unsafe, and which actions your organisation is obliged to take in such a situation in particular. Recall Solutions can advise and guide you through it.