Judith Jansen successfully assisted a slaughterhouse in legal proceedings against a fine imposed by the Minister of Agriculture, Fisheries, Food Safety and Nature.
The minister claimed that an inspector from the Dutch Food and Consumer Product Safety Authority had found contamination in a raw material, which allegedly demonstrated that the company had not properly implemented its HACCP procedures. According to the minister, this constituted a violation of the European Regulation on food hygiene (Regulation 852/2004) and the Animals Act.
The Rotterdam District Court overturned the fine. According to the court, the minister had not proven that contamination had actually occurred. And even if it had, the minister had not demonstrated that the relevant HACCP procedure had not been followed (correctly). The court emphasised that a violation only exists if it has been established that the HACCP procedure had been completed in full and the company no longer had the opportunity to comply with it. In this case, there was still time between the supervisory authority's finding and the possible completion of the HACCP procedure.
Read the judgment here.
Maverick Advocaten regularly assists food companies in proceedings against the NVWA, see here, here and here.
For 10 tips for a company visit or raid by the NVWA, see this blog.
For more practical tips on supervision by the NVWA, see invalnvwa.nl.
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