11.07.2015 Views

Draft Regulations on Food Recall Procedure - Food Safety and ...

Draft Regulations on Food Recall Procedure - Food Safety and ...

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(iii)(iv)The State <strong>Food</strong> Authority / <strong>Food</strong> Authority may direct the <strong>Food</strong> BusinessOperator engaged in wholesale supply, manufacturing <strong>and</strong> importati<strong>on</strong> to initiatea recall if a food manufactured <strong>and</strong> distributed by him is unsafe or violate Act <strong>and</strong>rules & regulati<strong>on</strong>s made there under <strong>and</strong> if the <strong>Food</strong> Business Operator has notinitiated a recall <strong>on</strong> its own. On such directi<strong>on</strong>s it is the resp<strong>on</strong>sibility of the <strong>Food</strong>Business Operator to carry out recall.It is the resp<strong>on</strong>sibility of all the <strong>Food</strong> Business Operator in the entire distributi<strong>on</strong>chain to implement the recall instructi<strong>on</strong> of the recalling <strong>Food</strong> Business Operator<strong>and</strong> shall c<strong>on</strong>duct the recall <strong>and</strong> provide informati<strong>on</strong> <strong>on</strong> the distributi<strong>on</strong> of thefood to the recalling <strong>Food</strong> Business Operator or State <strong>Food</strong> Authority / <strong>Food</strong>Authority; failure to do so may result in appropriate acti<strong>on</strong>.(v)(vi)(vii)When a <strong>Food</strong> Business Operator refuses to undertake a recall directed by theState <strong>Food</strong> Authority / <strong>Food</strong> Authority or where the State <strong>Food</strong> Authority / <strong>Food</strong>Authority has sufficient reas<strong>on</strong>s to believe that a recall would not be effective,determines that a recall is ineffective, or discovers that a violati<strong>on</strong> is c<strong>on</strong>tinuingthe State <strong>Food</strong> Authority/<strong>Food</strong> Authority will take appropriate acti<strong>on</strong>. The costincurred by the State <strong>Food</strong> Authority / <strong>Food</strong> Authority for carrying out suchacti<strong>on</strong>s will be recovered from the <strong>Food</strong> Business Operator resp<strong>on</strong>sible for suchviolati<strong>on</strong>.A recall of food manufactured overseas may also be initiated by reports of healthauthorities, or from informati<strong>on</strong> received directly from such authorities orotherwise.In case of recalls involving exported food; <strong>Food</strong> Authority will specificallym<strong>on</strong>itor the recall plan. The State <strong>Food</strong> Authority needs to keep <strong>Food</strong> Authorityfully informed in all such cases of the proposed recall plan. <strong>Food</strong> Authority mayalso c<strong>on</strong>sider communicating with the regulatory bodies of the importingcountries for effectiveness of the recall of such foods.(viii) The initiati<strong>on</strong> of <strong>Food</strong> Business Operator or State <strong>Food</strong> Authority / <strong>Food</strong>Authority directed recall does not preclude the State <strong>Food</strong> Authority / <strong>Food</strong>Authority from taking further regulatory acti<strong>on</strong> against a resp<strong>on</strong>sible <strong>Food</strong>Business Operator.ARTICLE 6: RECALL CLASSIFICATION<strong>Recall</strong>s are categorised in to two classes according to the level of hazard involved.4

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