Order No. OANSA149/2023 of the National Agency for Food Safety validating the Instruction on withdrawal and recall of foodstuffs, not corresponding to applicable in the food sector regulations, and on the notification of the National Agency for Food Safety.

The scope of this instruction is to describe the sequential steps that must be taken in the event of a withdrawal/recall of foodstuffs that do not comply with regulations applicable in the food sector. This instruction is used by food sector operators in the event of the seizure/recall of food products that do not comply with the regulations applicable in the food sector. Unsafe foodstuffs are foodstuffs that may be harmful to the health of consumers (for example, contain potentially dangerous pathogens, chemical or physical hazards, or an undeclared allergen). Suppliers (manufacturers/importers) must: (a) notify the National Agency for Food Safety regarding the initiation of food withdrawal/recall procedures; (b) obtain and consolidate all necessary information about the nonconforming food product; (c) assess the risk to consumers and decide whether the food product is unsafe; (d) decide on withdrawal from trade with/or without feedback from consumers; (e) notify all supply chain operators; (f) warn consumers (in case of recall); (g) reimburse unsafe food products from the supply chain; (h) certify that all unsafe products have been removed from trade; (i) maintain appropriate records regarding withdrawn products; (j) use for other purposes or destroy unsafe products; (k) liaise with Agency inspectors throughout the withdrawal/recall process, providing all necessary information to establish the traceability of withdrawn/recalled products, including through the submission of centralized information on withdrawn/recalled products. Distributors must: (a) cooperate with suppliers and the Agency to ensure the effectiveness of the removal process for unsafe food; (b) remove unsafe food from the supply chain; (c) return the recalled food products to the supplier or, as appropriate, use them for other purposes or destroy them; (d) contact the operators to whom they sold the recalled food products, informing them of the actions that need to be taken in relation to the recalled food products; and (e) notify the manufacturer or importer if they have accepted a food product that does not comply with the regulations applicable in the food sector or have been notified of the distribution of non-conforming food products. The National Agency for Food Safety must: (a) informs consumers about recalled food products; (b) verifies that food operators remove recalled food products from trade; (c) maintains contact with food sector operators; and (d) control the reuse or destruction of foodstuffs.