BWA- ΨA - WITHDRAWAL AND RECALL
FOOD SAFETY
Botswana / Food safety
DISTRIBUTION
WITHDRAWAL AND RECALL
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1 answer
document title
text/abstract
Regulation 8 (extract):
(1) A food business operator that is engaged in the wholesale initiated supply, manufacture or importation of food that is potentially hazardous or defective, shall immediately notify the Minister and the Board by submitting, by hand delivery, facsimile, electronic mail, or post, a food recall initiation notification to the Minister and the Board as set out in Form A to the Schedule.
(2) Where a business food operator is a street vendor, the owner shall immediately notify the authorised officer from the relevant local authority to take appropriate measures in initiation of the food recall and disposal.
(4) The Minister, shall within 48 hours of receiving the notification in subregulation (1), instruct the Board to-
(a) notify the food business operator of his decision on the food recall in Form B set out in the Schedule; and
(b) send a copy of the decision to local authorities and relevant Government agencies to notify the public.
(5) A food business operator responsible for putting on the market potentially hazardous or defective food shall immediately stop any further delivery and sale of the food under recall so as to ensure that safety and public health is not compromised.
(6) A food industry initiated food recall may also be initiated as a result of complaints referred to the food business operator from manufacturers, wholesalers, importers, distributors, retailers, consumers, the media, a local authority or any other relevant Government agency.
(7) Where the food business operator does not respond to a consumer complaint, the consumer may report to the Minister or the Board.
Regulation 9 (extract):
(1) The Minister may instruct the Board to conduct-
(a) an investigation, in accordance with the procedures set out in the inspections and investigations conducted on Food Premises Regulations, relating to any food suspected of being hazardous or defective; and
(b) an investigation on any complaint referred to the Minister in accordance with regulation 8(8), and initiate a food recall with regard to food that is manufactured, imported, distributed, sold, or offered for sale, or offered for free to any person or any charitable organisation or institution, by a food business operator.
(2) The Minister shall after initiating a food recall in accordance with subregulation (1)-
(a) notify the food business operator of the Minister’s decision on the need to immediately initiate a food recall of potentially hazardous or defective food on the market; and
(b) instruct the food operator business to initiate a food recall of the potentially hazardous or defective food; through a food recall instruction in Form C set out in the Schedule.
(3) A food business operator shall, upon receiving a food recall instruction in accordance with subregulation (2)(b), implement the food recall of potentially hazardous or defective food and immediately stop the processing, importation, manufacturing, distribution and any further delivery and sale of the food under the food recall so as to ensure that consumer safety and public health is not compromised.
(4) Where a food business operator fails to comply with a food recall instruction issued by the Minister under subregulation (2)(b), the Minister shall, after consultation with the Board, recall the potentially hazardous or defective food from the market.
(5) Where the Minister recalls the potentially hazardous or defective food under subregulation (4), the costs incurred by the Minister during the food recall shall be borne by the food business operator.
(6) The Minister shall instruct an authorised officer to send a copy of the food recall instruction referred to in subregulation (2)(b) to a local authority or any other relevant Government agency to notify the public.
(7) The Minister may, on his own initiative or after consultation with the Board, use a food recall initiation instruction as a trigger or a food safety alert under regulation 6
(8) The Minister shall, on the recommendation of the Board, decide on the need for a food recall and shall instruct the food business operator accordingly.
(9) A recall of potentially hazardous food manufactured outside Botswana may also be triggered by the food industry and shall be responded to in the same way as provided for in this regulation.
1 answer
document title
text/abstract
Regulation 8 (extract):
(1) A food business operator that is engaged in the wholesale initiated supply, manufacture or importation of food that is potentially hazardous or defective, shall immediately notify the Minister and the Board by submitting, by hand delivery, facsimile, electronic mail, or post, a food recall initiation notification to the Minister and the Board as set out in Form A to the Schedule.
(2) Where a business food operator is a street vendor, the owner shall immediately notify the authorised officer from the relevant local authority to take appropriate measures in initiation of the food recall and disposal.
(4) The Minister, shall within 48 hours of receiving the notification in subregulation (1), instruct the Board to-
(a) notify the food business operator of his decision on the food recall in Form B set out in the Schedule; and
(b) send a copy of the decision to local authorities and relevant Government agencies to notify the public.
(5) A food business operator responsible for putting on the market potentially hazardous or defective food shall immediately stop any further delivery and sale of the food under recall so as to ensure that safety and public health is not compromised.
(6) A food industry initiated food recall may also be initiated as a result of complaints referred to the food business operator from manufacturers, wholesalers, importers, distributors, retailers, consumers, the media, a local authority or any other relevant Government agency.
(7) Where the food business operator does not respond to a consumer complaint, the consumer may report to the Minister or the Board.
Regulation 9 (extract):
(1) The Minister may instruct the Board to conduct-
(a) an investigation, in accordance with the procedures set out in the inspections and investigations conducted on Food Premises Regulations, relating to any food suspected of being hazardous or defective; and
(b) an investigation on any complaint referred to the Minister in accordance with regulation 8(8), and initiate a food recall with regard to food that is manufactured, imported, distributed, sold, or offered for sale, or offered for free to any person or any charitable organisation or institution, by a food business operator.
(2) The Minister shall after initiating a food recall in accordance with subregulation (1)-
(a) notify the food business operator of the Minister’s decision on the need to immediately initiate a food recall of potentially hazardous or defective food on the market; and
(b) instruct the food operator business to initiate a food recall of the potentially hazardous or defective food; through a food recall instruction in Form C set out in the Schedule.
(3) A food business operator shall, upon receiving a food recall instruction in accordance with subregulation (2)(b), implement the food recall of potentially hazardous or defective food and immediately stop the processing, importation, manufacturing, distribution and any further delivery and sale of the food under the food recall so as to ensure that consumer safety and public health is not compromised.
(4) Where a food business operator fails to comply with a food recall instruction issued by the Minister under subregulation (2)(b), the Minister shall, after consultation with the Board, recall the potentially hazardous or defective food from the market.
(5) Where the Minister recalls the potentially hazardous or defective food under subregulation (4), the costs incurred by the Minister during the food recall shall be borne by the food business operator.
(6) The Minister shall instruct an authorised officer to send a copy of the food recall instruction referred to in subregulation (2)(b) to a local authority or any other relevant Government agency to notify the public.
(7) The Minister may, on his own initiative or after consultation with the Board, use a food recall initiation instruction as a trigger or a food safety alert under regulation 6
(8) The Minister shall, on the recommendation of the Board, decide on the need for a food recall and shall instruct the food business operator accordingly.
(9) A recall of potentially hazardous food manufactured outside Botswana may also be triggered by the food industry and shall be responded to in the same way as provided for in this regulation.