Judith Jansen and Cyriel Ruers have successfully assisted a slaughterhouse in an appeal against a turnover fine imposed by the Minister of Agriculture, Fisheries, Food Safety, and Nature.
According to the Dutch Food and Consumer Product Safety Authority (NVWA), the company had placed food products on the market that may not have complied with food safety regulations, without taking measures to withdraw the food products in question from the market (‘recall’). According to the minister, the company had thereby violated Article 19 of the General Food Regulation (Regulation 178/2002).
In the appeal lodged by the slaughterhouse with the Rotterdam District Court, the slaughterhouse argued on various grounds that the turnover fine had been imposed unlawfully. In response, the Minister withdrew the turnover fine before the hearing and issued a new decision reducing the fine by 92%.
The proceedings before the Rotterdam District Court concerning the remaining part of the fine are still pending.
Maverick Advocaten regularly assists food companies in proceedings against the NVWA, see here, here, and here.
For 10 tips on what to do during a company visit or dawn raid by the NVWA, see this blog.
For more practical tips on supervision by the NVWA, see invalnvwa.nl.
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