§ 128 — Direction to recall food or regulated food contact article

128.—(1) The Director‑General may give a direction in subsection (2) to any person described in section 119(1) —(a)

for the purpose of examining, rectifying, controlling or disposing of food or a regulated food contact article, after taking into account any relevant information or warnings about the food or regulated food contact article that the Director‑General has received from any authorised officer or food inspector, any international organisation or any foreign food authority; or

(b)

if the Director‑General has reasonable grounds to believe that the direction is necessary to prevent or reduce the likelihood of physical harm being caused to humans or to mitigate the adverse consequences of that likelihood.

(2) The direction is any of the following:(a)

to recall food that is unsafe or unsuitable or is a defined food, or whose safety or suitability is in doubt;

(b)

to recall a regulated food contact article that has, when used with food, caused food to be no longer safe or suitable, or for which there is doubt about whether food remains safe or suitable when the regulated food contact article is used with food;

(c)

to recall a regulated food contact article if there is doubt about whether it may contaminate food;

(d)

to recall food or a regulated food contact article that is mislabelled or incorrectly identified;

(e)

to take food or a regulated food contact article recalled under paragraph (a), (b), (c) or (d) to —(i)

any premises specified in the direction; or

(ii)

any premises agreed to between the Director‑General and the person to whom the direction is given.

(3) A direction to recall food or a regulated food contact article may specify the manner in which, and must specify the period within which, the recall is to be conducted and completed.

(4) A person who is required by a direction to recall food or a regulated food contact article must give written notice to the Director‑General of the completion of the recall as soon as practicable after that completion.

(5) If a person to whom the direction is given fails or refuses to comply with it —(a)

the Director‑General may take any reasonable steps necessary to ensure control of the food or regulated food contact article; and

(b)

the Agency may recover the costs and expenses reasonably incurred by the Director‑General in ensuring control of the food or regulated food contact article as a debt due from the person to whom the direction was given.

(6) This section does not prevent the Director‑General exercising his or her power under section 129, 131 or 132.

—(1) The Director‑General may give a direction in subsection (2) to any person described in section 119(1) —(a)

for the purpose of examining, rectifying, controlling or disposing of food or a regulated food contact article, after taking into account any relevant information or warnings about the food or regulated food contact article that the Director‑General has received from any authorised officer or food inspector, any international organisation or any foreign food authority; or

(b)

if the Director‑General has reasonable grounds to believe that the direction is necessary to prevent or reduce the likelihood of physical harm being caused to humans or to mitigate the adverse consequences of that likelihood.

(2) The direction is any of the following:(a)

to recall food that is unsafe or unsuitable or is a defined food, or whose safety or suitability is in doubt;

(b)

to recall a regulated food contact article that has, when used with food, caused food to be no longer safe or suitable, or for which there is doubt about whether food remains safe or suitable when the regulated food contact article is used with food;

(c)

to recall a regulated food contact article if there is doubt about whether it may contaminate food;

(d)

to recall food or a regulated food contact article that is mislabelled or incorrectly identified;

(e)

to take food or a regulated food contact article recalled under paragraph (a), (b), (c) or (d) to —(i)

any premises specified in the direction; or

(ii)

any premises agreed to between the Director‑General and the person to whom the direction is given.

(3) A direction to recall food or a regulated food contact article may specify the manner in which, and must specify the period within which, the recall is to be conducted and completed.

(4) A person who is required by a direction to recall food or a regulated food contact article must give written notice to the Director‑General of the completion of the recall as soon as practicable after that completion.

(5) If a person to whom the direction is given fails or refuses to comply with it —(a)

the Director‑General may take any reasonable steps necessary to ensure control of the food or regulated food contact article; and

(b)

the Agency may recover the costs and expenses reasonably incurred by the Director‑General in ensuring control of the food or regulated food contact article as a debt due from the person to whom the direction was given.

(6) This section does not prevent the Director‑General exercising his or her power under section 129, 131 or 132.