Product & voedselveiligheid

Product and food safety

Few areas are subject to as many measures in import and export as food and consumer goods. In addition to customs declarations, numerous other formalities are often required. Examples include veterinary or phytosanitary inspections, a health certificate, or CE marking. Enforcement in product and food safety is very stringent. Even minor errors can lead to significant consequences. In many cases, this leaves the entrepreneur at a disadvantage. That said, authorities sometimes enforce regulations too strictly, and we can successfully challenge such actions on your behalf. Even better, we can help you prevent issues before they arise. We are happy to advise and train you to avoid these unforeseen problems.

Veterinary and phytosanitary measures

The importation of goods involves not only fiscal measures but also non-fiscal conditions and documents. Non-fiscal tasks encompass safety, health, economy, and environmental (VGEM) responsibilities and authorities. Customs often performs these tasks in collaboration with other parties, with the Dutch Food and Consumer Product Safety Authority (NVWA) being one of the key partners. Together with the NVWA, Customs oversees the implementation of numerous veterinary and phytosanitary measures. Veterinary measures apply to animals, meat, and animal products, while phytosanitary measures concern vegetables, fruits, flowers, and plants.

Inspection upon import

The NVWA conducts numerous inspections together with Customs. It checks whether the correct documents are presented, whether there is consistency between goods and documentation, and whether the products themselves meet material requirements. These checks are known as DOM-inspections.

Sometimes errors occur during these checks. For example, a document may be improperly completed, the wrong version used, or an essential note missing. In such cases, the NVWA often requires a new original document, necessitating the goods’ return. Sometimes, however, alternative solutions can be found. Experience shows that the NVWA is not particularly flexible unless explicitly urged.

Errors also occur during conformity checks. For instance, a missing detail on the goods may result in a requirement for their return or destruction. However, this is not always necessary, particularly if the formal sealing procedure has been followed. Nonetheless, discussions about the interpretation of the law often arise, as demonstrated by the various legal procedures we have conducted. We are here to assist you.

Recalls

If goods have already been imported but later pose health risks, they may need to be removed from stores or the supply chain. If you, as an entrepreneur, determine that conditions are not met, you must immediately notify the NVWA, which will then decide on necessary measures, such as a recall. Recalls can have far-reaching consequences, making it essential to act correctly toward suppliers and customers. We can also advise you on the legal implications and challenges associated with a recall.