Introduction:
Food on sale for human consumption must be wholesome, unadulterated, uncontaminated, properly labelled and fit for human consumption. Violation of the provisions in these regards may lead to regulatory action against the concerned FBO under the Act, or rules and regulations made thereunder.Â
Food Recall:
Food recalls are an appropriate method for removing or correcting marketed food products and their labelling that violate the laws administered by the regulatory authority. Recall can be defined as an action to remove food products from market at any stage of the food chain, including that possessed by consumer, which may pose a threat to the public health or food that violate the Act, or the rules or regulations made thereunder. Recall of food products is in the common interest of the industry, the government and in particular the consumer. Recalls afford equal consumer protection but generally are more efficient and timely than formal administrative or civil actions, especially when the product has been widely distributed.Â
Manufacturers and/or distributors should initiate a recall at any time to fulfill their responsibility to protect the public health from products that present a risk of injury or gross deception, or are otherwise defective. Firms may also initiate a recall following notification of a problem by Food Authority or a state agency, in response to a formal request by authority, or as ordered by Authority.
The purpose of this guide is to provide an overview of how to develop a recall plan and how to implement that plan in the event of a recall. It will assist in identifying products which are unsafe that violate the Act, or the rules or regulations made thereunder and enable recall of the product(s) from the market place.Â
The Food Authority’s main role in a recall is to monitor the progress of the recall and assess the adequacy of the action taken by the FBO in this regard. After a recall is completed, the Food Authority will make sure that the product is destroyed or suitably improved. Where the recall is related to serious defects in the manufacturing process, the concerned authority may review the license of the FBO concerned.
The Food Authority will publicise the recall when it is of the opinion that the public need to be alerted about a health hazard or that clarification of the situation needs to be made to allay public worries.
In cases of public health emergencies, the Food Authority may, depending on the available evidence, alert the public before a decision on recall has been reached.
Food Business Operators carry the prime responsibility of implementing the recall, and for ensuring compliance with the recall procedure at its various stages including follow-up checks to ensure that recalls are successful and that subsequent batches of the food products are safe for human consumption.Â
If a food business operator considers or has reason to believe that a food which has processed, manufactured, distributed or imported is not in compliance with the food safety requirements, it shall immediately initiate procedures to recall the food in question from the market where the food has left the immediate control of that initial food business operator and inform the competent authorities thereof. Where the product may have reached the consumer, the operator shall effectively and accurately inform the consumers of the reason for its recall, and if necessary, recall food products from consumer that have already supplied to them.
A food business operator shall immediately inform the competent authorities if it considers or has reason to believe that a food which it has placed on the market may be unsafe for the consumers. FBO shall inform the competent authorities of the action taken to prevent risks to the final consumer and shall not prevent or discourage any person from cooperating, with national law and concerned authorities, where this may prevent, reduce or eliminate a risk arising from a food.Â
Food business operators shall collaborate with the concerned authorities on action taken to avoid or reduce risks posed by a food which they supply or have supplied.Â
All food business operators as prescribed in the regulation 7 of Food Safety and standards (Food Recall Procedure) regulations, 2017 must have an up to date recall plan as provided in Annex (Model recall Plan)- I. At the time of recall being carried out, the FBO shall submit their detailed recall plan to the CEO, FSSAI. A brief step by step procedure and its description are as below.
- Assemble the Recall Management TeamÂ
- Notify the authorityÂ
- Identify all products to be recalledÂ
- Detain and Segregate all products to be recalled which are in your firm’s controlÂ
- Prepare and distribute the information of recall including Press ReleaseÂ
- Prepare the Distribution ListÂ
- Verify the effectiveness of the recallÂ
- Control the recalled product(s)Â
- Decide what to do with the recalled product(s)
- Fix the cause of the recall if the problem occurred at your facilityÂ
Effective management of food recalls is essential for protecting public health and maintaining consumer trust. Under the Food Safety and Standards (Food Recall Procedures) Regulation, 2017, Food Business Operators (FBOs) must be prepared with a comprehensive recall plan. This includes forming a recall management team, notifying authorities, identifying and segregating affected products, and communicating the recall to consumers and the food chain.
The Food Authority oversees the recall process to ensure it is done correctly and recalled products are safely handled. Cooperation between the Food Authority and the industry is crucial to reduce risks and prevent future issues. Following these guidelines helps FBOs manage recalls efficiently, ensuring compliance with regulations and demonstrating a commitment to consumer safety and product quality.
Source of this information: GUIDELINES FOR FOOD RECALL
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This document is intended for informational purposes and provides a general overview of the Food Safety and Standards (Food Recall Procedures) regulation, 2017. It should not be construed as legal advice. Entities and individuals must consult legal experts to ensure compliance with the specific legal requirements and interpretations of the Act.
Prepared by
Mr. Smruti Ranjan Sahoo
(B. Com., LL.B)
