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Information on generic frameworks on FCMs – Sanctions

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It is forbidden to hold for sale, to sell or to give away any materials or articles intended to come into contact with foodstuffs that do not meet the requirements specified in Regulation (EC) No 1935/2004. Consequently national measures should have sanctions described for both infringement of Articles 1 to 5 and 15, 16 and 17 of the Framework Regulation (EC) No 1935/2004 as well as for regulations for its application, such as Articles 1 to 7 of Regulation (EC) No 2023/2006. Sanctions may range from fines/penalties, imprisonment, confiscation of non-compliant goods (or rejection at borders, and/or bearing costs of destruction of goods), closing down premises, liabilities. These are summarised below.

Overview of national measures in the EU MSs mentioning or establishing sanctions:

MSs Document Sanction fines/ Confiscation, Disqualification from practice/ imprisonments
AT BGBl. I Nr. 13/2006 (and amendments) – fixes sanctions (detailing the different amounts based on the gravity level of the law infringement and detailing each specific type of foreseen infringement) incl. FCM

– up to imprisonment, including the cases of negligence.

– confiscation of the non-compliant items.

– disqualification from the practice of commercial activities if multiple law breaches

– judgement published on one or more periodicals at the convicted person’s expenses.

– establishes the terms of liability of the business operators, jurisdiction, and obligation notify the appropriate Provincial Governor and the Federal Minister for Health of the outcome of the criminal proceedings (§81-94).

BE Arrêté royal du 11 mai 1992 – reference to the Loi du 24/01/1977 (Art. 11, 11bis, 13, 8, 3, 3/1, 15, 16, 17, 18, 19, 20),

– fixes sanctions for failing to comply with the legislation.

– penalties from written warning to imprisonment (doubling if offense repeated within 3yrs)

– seizing /confiscation of spoiled or harmful products (or import refused).

CZ Zákon 258/2000 – penalties depend on gravity of law infringement and conduct of subject

– fines up to 10 x when repeated failure to comply with same obligation(s) (sections 92-93).

– rules of administrative procedure and participants in proceedings (section 94).

DK BEK n. 822 of 26/06/2013 (sect. 28) and BEK nr 1007 of 19/09/2014 (sect. 35) – fines to any business that infringes the provisions of those orders and of EU legislation

– penalty may increase up to two years of imprisonment if the infringement was committed intentionally or “caused harm to health or a risk of such harm, or resulted in, or was intended to result in, financial gain for the person concerned or other persons”.

EE Toiduseadus (Food Act) 1999 and its amendments – fine for Violation of the requirements for handling food and FCMs, specifying the case where the violation is committed by a legal person (Chapter 10, §533).
FIN Elintarvikelaki (Food act) 13.1.2006/23 – provisions for foods are also applicable to FCM where appropriate. (§2).

– series of actions (removal of violations, prohibition, withdrawing from the market and informing the public, seizure, use or disposal of a foodstuff, cancelling the approval of food premises, cancelling the approval of a laboratory, marketing prohibition, penalty payments and penal provisions as established by the Penal Code) against frauds and non-application of Finnish law for food operators (§55-69).

FR Code de la consommation (amended up to 01/01/2015) – fixes sanctions for frauds and those who sell fraudulent goods. It is valid for all FCMs. (L.212-1, L.213-1, L.213-2 I, L.213-2-1, L.213-3, L.213-4, L.213-5, L.213-6, L.214-1, L.214-2, L.214-3);

– establishes that “the responsible of the first placing on the market of a product is required to verify that it complies with regulations. At the request of officers authorized to implement legislation, he has to justify the verifications and checks”.

– Penalties for legal persons foreseen by the Criminal Code (Article 131-38, Article 131-39, and Article 131-21) and their amount “shall be five times the amount laid down for natural persons by the law criminalising the offence”.

– Penalties foreseen are fines up to 1 million euros and imprisonment up to seven year,

– also possible to ban professional or social activities or the “permanent closure or closure for a maximum period of five years of the undertaking’s establishments, or one or more of the establishments, used to commit the acts forming the offence”.

DE (BGBl. 1998 I S. 5) (BedGgstV), amended by Art. 1 V v. 2013 (BGBl. I S. 1682) – fixes sanctions for non-compliance with legislative requirements, incl. EU 1935/2004 Art. 15 (1, 3) and Art. 17 (2) (see §12 BedGgstV in conjunction with §31, §32, §58, §59 and §60 of Lebensmittel-, Bedarfsgegenstände- und Futtermittelgesetzbuch (Lebensmittel- und Futtermittelgesetzbuch – LFGB)).
NO LOV-2003-12-19-124 last amended by LOV-2014-12-12-68 from 01.01.2015 (Food Act) – fixes sanctions for failure to comply with legal provisions. (Chapter 5, §25-28).

– penalties depending on the type and on the gravity of the law infringement.

– range includes closure of premises, coercive fines, information to the general public and penal measures (imprisonment up to two years or a writ).

– Forskrift om materialer og gjenstander i kontakt med næringsmidler (matkontaktforskriften), FOR-1993-12-21-1381 refers to §28 of the Food Act for the sanctions foreseen after the infringement of the provisions established by this law (§29).

PL Dz. U. 2010 nr 136 poz. 914) – sanctions (fines) are foreseen for contravening requirements set down in EU 1935/2004 Art. 3, EC 2023/2006 Art.4 and EC 282/2008 Art. 4-8. (Dział VIII, Art. 100-102).

– confiscation / destruction: “the producer or the entity placing on the market the FCM shall bear the costs of destroying forfeited objects”.

SI 57/2008 z dne 10. 6. 2008 – fines up to 30.000 euro for not respecting the law provisions (compliance with Article 3 of (EC) Regulation 1935/2004). (7. člen).

– fixes sanction measures and fines for not respecting the provisions of law and/or not allowing controls or not collaborating with authorities (Act on health suitability of foodstuffs and products and materials that come into contact with foodstuffs)

– fixes sanctions in case of non-compliance with Regulation EC 1935/2004 Art 3, 15, 17

CH Legge federale sulle derrate alimentari e gli oggetti d’uso 1992 (updated 2013) declares general criteria when to consider a sample as non-compliant (Art. 27). It defines possible general actions in case of non-compliance (Art. 28-31). It fixes sanctions in case of non-compliance with legislative requirements (Art. 47-51).
UK 2010 No. 2225

FOOD, ENGLAND

The Materials and Articles in Contact with Food (England)

Regulations 2010

PART 2: General Requirements for Materials and Articles

– considers as offences contravening specified provisions of Reg. 1935/2004 Art. 3, 4, 11(4)/(5), 15(1)/(3)/(4)/(7)/(8), 16(1) (declaration of compliance); 17(2) (traceability), and for contravening Art. 4 of Reg. 2023/2006

-designate competent authorities

PART 5: defines offences and penalties r liability for the offences (para. 13)

 

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