Food Recall and withdrawal

Recall strategy:

A recall strategy should contain at least the following elements:

1. depth of recall, which may extend to the consumer level, the retail level, or the wholesale level;
2. the contents of public notifications to be issued depending on the classification and severity of the grounds for which a recall is issued;
3. during urgent situations, public warning that is given nationwide or to affected geographical areas;
4. effectiveness check level, which includes the method to be used for and depth recall effectiveness checks; and
5. the disposal of recalled products.

A recall strategy should take into account at least the following factors:

1. the health hazard evaluation;
2. the type or use of the product;
3. the ease in identifying the product;
4. the degree to which the product’s deficiency is obvious to the consumer or user;
5. the amount of product remaining unused in the marketplace;
6. the distribution pattern; and
7. the continued availability of essential products

The recall strategy would contain interim procedures to be put into effect in the period between the notification of a known or potential health hazard and a formal response to the hazard. The interim procedures would include the actions to be taken to ensure prompt warning regarding the extent of the recall. Warnings issued under this section shall identify the hazards involved and the steps to be taken to minimise exposure to the product hazard pending implementation of the full recall strategy.

Recall classification system:

1. The Competent Authority would be responsible for establishing a recall classification system, to be used in either a recall initiated by the food business operator or a recall initiated by the Competent Authority.
2. The recall classification system would specify the actions and timeframes to be undertaken depending on the type of non-compliance of the traceable item with these regulations. The recall classification system would establish fast-track procedures for food products that may pose risks to food safety.
3. The recall strategy would take into consideration the recall classification applicable to the situation. 

Recall initiated by a food business operator:

Where a food business operator has reason to believe that a traceable item which has been imported, produced, processed, manufactured or distributed is not in compliance with the Act, he/she shall immediately take any of the following recall actions specifying the prescribed particulars of the traceable product to be recalled:

1. develop a recall strategy that meets the requirements in Section 1.6.5.1;
2. stop the distribution of the product;
3. withdraw the product from the market;
4. notify the public, trading partners and consignees of a recall as prescribed;
5. effectively and accurately inform the consumers of the reason for the recall and, if necessary, recall from consumers the products that have already supplied to them (when other measures are not sufficient to guarantee food safety) following the procedures established by the Competent Authority;
6. issue a press release if so directed by the Competent Authority; and
7. abide by other recall requirements as may be established by the Competent Authority.

The food business operator may request an informal discussion or hearing with the Competent Authority to discuss the recall actions to be taken, and shall provide the Competent Authority with the recall strategy and prescribed documentation.

Recall initiated by the competent authority:

1. The Competent Authority could develop a recall strategy in accordance with the requirements presented in the Recall Strategy.
2. Where the Competent Authority determines, based on information gathered, that there is a reasonable probability that a food is not in compliance with the Act or with relevant food standards and the use of or exposure to such food could cause adverse health consequences, the Competent Authority would:
   • provide a written recall order that includes a recall event number to the responsible food business operator, requiring a recall action to be taken within the period specified in the notice; or
   • where the food business operator does not comply with the recall order within the specified period and in the manner prescribed by the Competent Authority, or where the food business operator is unable to conduct a recall for any reason, initiate recall actions.
3. Where the time frame for carrying out a recall order allows, the Competent Authority would provide the food business operator subject to a recall order with an opportunity for an informal hearing, addressing the actions required by the order and the grounds for such action.
4. The Competent Authority, when necessary, would develop an interim recall strategy to cover the time between notification of a known or potential health hazard and completion of a final formal strategy. The interim recall strategy would indicate the immediate actions to be taken by the responsible food business operator.
5. The Competent Authority would notify appropriate local authorities of recall actions that may be pertinent to a specific district or area. Where the local authorities request assistance, the Competent Authority would respond and assist in conducting or auditing the recall action.
6. Where the Competent Authority determines, after providing opportunity for an informal hearing under subsection (4) of this section that the removal of the traceable item from the market is necessary, the Competent Authority would, either:
   • specify a timetable in which the recall shall occur, and shall amend the order to require recall of such traceable item or other appropriate action where required, and shall require periodic reports to the Competent Authority describing the progress of the recall and provide notice to consumers to whom such food product was, or may have been distributed; or
   • revoke the order, where the food business operator shows evidence that adequate grounds do not exist to continue the actions required by the recall order, or that the traceable item complies with the requirements of these Regulations.
7. The food business operator would bear the costs of a recall initiated by the Competent Authority and be responsible for disposal of a recalled product.

Recall responsibilities and procedures involving an importer or exporter:

Where an importer has reason to believe that a food item which he or she has imported is not in compliance with these Regulations, or receives a recall order from the Competent Authority, the food importer would:

1. 1. adapt the strategy to the situation
   2. immediately develop and implement a recall strategy based on the requirements of the Regulations, and, when appropriate, extend the recall to its consignees;
   3. provide the consignees with information necessary to make it possible to locate the product in its distribution system;
   4. inform the Competent Authority of where and how far into the supply chain the food has gone and whether any of the targeted product has reached consumers, and
   5. notify the public, trading partners and consignees of a recall, as prescribed.

Where a recall order involves an imported food, the Competent Authority would inform the relevant food safety authority in the country of origin of the particulars involving the recall order.

For recall action involving exported food, the Competent Authority, at the request of the exporter or at its own initiative, would summarize and transmit essential information to the food safety authority in the importing country.

Termination of recall order:

1. The Competent Authority would terminate a recall order when the Competent Authority determines that the recall activity has been completed, or is satisfied that the food business operator has brought the food in compliance with the Act and its Regulations, or has disposed of the food in the prescribed manner where required.
2. Once the Competent Authority terminates the recall order, the Competent Authority would notify the affected food business operator by letter and email that the Competent Authority considers the recall order terminated.

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• Food Recall Regulation
• Guidelines for Food Recall

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