The Food Safety and Standards Act, 2006

Food Safety and Standards (Food Recall Procudure) Regulation, 2017

The Food Safety and Standards Act, 2006

Official text

MINISTRY OF HEALTH AND FAMILY WELFARE

(Food Safety and Standards Authority of India)

NOTIFICATION

New Delhi, the 18th January , 2017

F. No. 1-59/FSSAI/2009.—Whereas the draft of the Food Safety and Standards (Food Recall Procedure)

Regulations, 2015, were published as required by sub-section (1) of Section 92 of the Food Safety and Standards Act,

2006 (34 of 2006), vide notification of the Food Safety and Standards Authority of India number F. No. 1-

59/FSSAI/2009, dated the 22nd April 2015, in the Gazette of India, Extraordinary, Part III, Section 4, inviting objections

and suggestions from the persons likely to be affected thereby, before the expiry of the period of sixty days from the date

on which the copies of the Official Gazette containing the said notification were made available to the public;

And whereas the copies of the said Gazette were made available to the public on the 29th May 2015;

And whereas the objections and suggestions received from the public in respect of the said draft regulations

have been considered by the Food Safety and Standards Authority of India;

Now, therefore, in exercise of the powers conferred by clause (m) of sub-section (2) of section 92 read with sub-

section (4) of section 28 of the Food Safety and Standards Act, 2006, the Food Safety and Standards Authority of India

hereby makes the following Regulations, namely: -

Food Safety and Standards (Food Recall Procedure) Regulations, 2017.

CHAPTER-I

GENERAL

1. Short title and commencement.—(1) These regulations may be called as the Food Safety and Standards (Food

Recall Procedure) Regulations, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.—(1) In these regulations, unless the context otherwise requires,

(a) “Act” means the Food Safety and Standards Act, 2006 (34 of 2006);

(b) “food chain” for the purposes of these regulations includes food involved in manufacture, processing,

distribution, sale, import and export;

(c) “food recall” means the action to remove food from the market at any stage of the food chain, including

that possessed by consumers;

(d) “food recall plan” means the procedures and arrangements that a food business operator shall have in place

to retrieve food and food products from the food chain if a problem arises.;

(e) “food under recall” means the specific lot or batch or code number of food product that has been

determined by the Food Authority or the Commissioner of Food Safety of the State or Union territory or the

Food Business Operator as not in compliance with the Act or rules or regulations made thereunder;

(f) “recall alert” means any alert issued to the public by the Chief Executive Officer, Food Safety and

Standards Authority of India or the Commissioner of Food Safety of the State or Union territory or the Food

Business Operator under intimation to Chief Executive Officer, Food Safety and Standards Authority of

India and the concerned Commissioner(s) of Food Safety of the State(s) about the food under recall;

(g) “traceability” means the ability to follow the movement of a food article through specified stage(s) of its

production, processing and distribution;

(h) “unsafe food” means food as defined under clause (zz) of sub- section (1) of section 3 of the Act.

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(2) All other words and expressions used herein and not defined but defined in the Act, rules or regulations made

thereunder shall have the meanings assigned to the same in the Act, rules or regulations respectively.

CHAPTER-II

OBJECTIVES

3. Objectives of the food recall procedure.—(1) Ensure removal of food under recall from all stages of the food

chain in accordance with section 28 of the Act;

(2) ensure dissemination of information to concerned consumers and customers; and

(3) ensure retrieval, destruction or reprocessing of food under recall.

CHAPTER -III

SCOPE

4. Scope of the Food Recall Procedure.—These regulations shall apply to the food or food products that are determined

or prima facie considered unsafe and/or as may be specified by the Food Authority from time to time.

Explanation: Food articles which require the mandatory mention of statutory warnings related to consumption being

“injurious to health” may not be treated as unsafe food as part of any recall plan unless they are specifically determined

unsafe and injurious to health.

CHAPTER IV

FOOD RECALL PROCEDURE

5. Initiation of the food recall process.—(1) Every food business operator shall follow food recall procedure

including complete process of recall, post-recall report, and follow-up action in order to ensure the effectiveness

of the recall and prevent recurrence.

(2) The food business operator shall initiate a recall process to fulfill his responsibility in accordance with section 28

of the Act.

(3) The Chief Executive Officer, Food Safety and Standards Authority of India or the Commissioner of Food Safety

of the State or Union territory or both may direct the food business operator to initiate the recall process.

(4) The recall process shall also be initiated as a result of reports or complaints referred to the food business operator

from any stakeholder and if food business operator determines that there is a need to recall. In case the food

business operator does not respond to the complaint, the complainant or the consumer may inform the Chief

Executive Officer, Food Safety and Standards Authority of India or Commissioner of Food Safety of the State

or Union territory or both who will take steps to determine the need for recall and instruct the concerned food

business operator regarding the recall, who shall be bound by such instructions.

(5) It is the responsibility of all the food business operators in the entire food chain to implement the instructions

relating to food recall. Failure to do so shall render the food business operator liable to action as provided under

the Act or the rules or regulations made thereunder.

(6) When a food business operator refuses to undertake a recall directed by the Chief Executive Officer, Food Safety

and Standards Authority of India or Commissioner of Food Safety of the State or Union territory or where the

Chief Executive Officer, Food Safety and Standards Authority of India or Commissioner of Food Safety of the

State or Union territory has sufficient reasons to believe that additional measures would be required to make the

recall effective, or determines that a recall is ineffective, or has a reason to believe that unsafe food is continuing

to be manufactured by food business operator, the Chief Executive Officer, Food Safety and Standards Authority

of India or Commissioner of Food Safety of the State or Union territory will take appropriate action as provided

under the Act, rules or regulations made thereunder and the food business operator shall be liable for such action.

(7) A recall of imported food may also be initiated on the basis of reports of health and food authorities, or from

information received from such authorities or if it otherwise comes to the notice of the concerned authority.

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(8) The initiation of food recall shall not preclude the Chief Executive Officer, Food Safety and Standards Authority

of India or Commissioner of Food Safety of the State or Union territory from taking further regulatory action

against the concerned food business operator as may be required under the Act.

6. Operation of Food Recall System.—(1) The food business operator shall maintain the food distribution records

which include the names and addresses of suppliers and customers, nature of food, date of purchase, date of

delivery, lot number, batch code, pack size, brand name, date of manufacture, date of expiry and best before date,

and shall maintain such records for a period of one year from best before date or the expiry date, as applicable.

(2) In case of alcoholic beverages where declaration of best before date is exempted under food safety regulations,

one shall maintain records for a period of two years from date or month of supply from the manufacturer.

(3) The food business operator shall submit information as specified under Schedule I to the concerned Authority

immediately but not exceeding twenty-four hours from the time it comes to his notice that such food requires

recall in accordance with the provisions of these regulations and initiate the recall exercise, such information

alert(s) may be sent by quickest means of communication including fax, e-mail, and speed post. The

Commissioner of Food Safety of the State or Union territory shall inform the Chief Executive Officer, Food

Safety and Standards Authority of India within twenty-four hours of receipt of such information.

(4) The food business operator shall stop distribution of food under recall and also stop its production if necessary,

without waiting for any instructions from the Chief Executive officer, Food Safety and Standards Authority of

India or Commissioner of Food Safety of the State or Union territory so as to ensure that consumer safety is not

compromised and he shall contact everyone from the raw material vendor to the final consumer of the affected

food by written communication, phone, e-mail, fax, or a combination thereof, notify the suppliers and any other

relevant retailer or trade association and immediately identify all required product details along with any

additional details which would facilitate speedy identification and recall.

7. Food Recall plan.—(1) All food business operators engaged in the manufacture or importation or wholesale

supply of food regulated under the Act must have an up-to-date recall plan. The food retailers are not required to

have a food recall plan, unless they are also engaged in the manufacture or importation or wholesale supply of

food.

Provided that food businesses in the food service sector such as restaurants, caterers and takeaway joints are

exempted from having a recall plan unless they are running multi-outlet food business chains with integrated

manufacturing and distribution network.

(2) The food retailers and food businesses in the food service sector, which do not require to have a recall plan,

shall remove the recalled stock from shelves and return it to the manufacturer, importer or wholesaler and must

ensure that food under recall is separated and identified from other food until it is disposed of in accordance

with the instructions provided under the recall plan.

(3) The recalling food business operator(s) shall formulate a detailed recall plan as part of their food safety

management system as per the guidelines that may be framed by the food authority from time to time.

(4) At the time of actual recall being carried out, the food business operator shall submit the details of the

implementation of the food recall plan to the Chief Executive Officer, Food Safety and Standards Authority of

India and the Commissioner of Food Safety of the State or Union territory taking into account the food safety

aspects, supervise the recall, assemble data and report on the completion of recall.

(5) The food business operator(s) shall ensure effective implementation of the recall process as per the formulated

recall plan.

8. Recall communication.—(1) The food business operator initiating a food recall shall promptly inform food

business operator(s) in the food chain including consumers about the recall.

(2) Such recall communication shall be through written communication, phone, e-mail, fax, print media, electronic

media (TV or Radio or Internet or combination) or a combination thereof and in case of written communication it

shall be conspicuously marked “Food Recall”. The communication shall also be marked “urgent” and telephone

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calls or other personal communication shall be confirmed by one of the above methods and documented in an

appropriate manner.

(3) Every Food business operator in the food chain who receives a recall communication shall immediately carry out

the instructions detailed therein by the recall initiating food business operator and extend the recall to all

concerned stakeholders in accordance with sub-regulations (1) and (2) .

(4) The food business operator shall promptly inform the consumers in the affected area of the food recall through

press release, letters to the concerned parties or advertisements in the media and such press release, letter or

advertisement shall be in the form of ‘Food Recall Notice’ and shall contain the following information, namely:-

(a) Name of the Food Business Operator recalling the food;

(b) Name of the food, brand name, pack size, batch and code number, date of manufacture, used by date or

best before date;

(c) The contamination or violation in the food or reason for such recall;

(d) “do not consume message”;

(e) Health warning and action;

(f) The places or outlets where the food is found;

(g) The action to be taken by the consumer;

(h) Contact number for queries.

(5) The food business operator shall respond to queries if any from the Chief Executive Officer, Food Safety and

Standards Authority of India and Commissioner of Food Safety of the State or Union territory within twenty-

four hours of the receipt of the query. However detailed data, if required, may be submitted subsequently.

9. Recall status report.—(1) The food business operator shall determine whether the recall is progressing

effectively and shall submit periodic status reports to the Chief Executive Officer, Food Safety and Standards

Authority of India or Commissioner of Food Safety of the State or Union territory to inform them of the progress

of the recall. The frequency of such reports shall be submitted once in a week or as otherwise specified by the

Chief Executive Officer, Food Safety and Standards Authority of India or Commissioner of Food Safety of the

State or Union territory based on the relative urgency or gravity of the recall.

(2) Unless otherwise specified or not applicable in a given recall case, the recall status report shall contain the

information as specified in Schedule-II.

(3) Recall status reports are to be discontinued when the recall is terminated by the Chief Executive Officer, Food

Safety and Standards Authority of India or Commissioner of Food Safety of the State or Union territory or both,

as the case may be.

(4) The food business operator shall retain proper and complete documentation on food recall for inspection and

verification by the Chief Executive Officer, Food Safety and Standards Authority of India or Commissioner of

Food Safety of the State or Union territory or both, as the case may be.

10. Food recovery.—(1) The food business operator shall store the recovered food in an area which is separated

from any other food and is identified by a label plate including prominently that “RECALLED PRODUCT NOT

FIT FOR HUMAN CONSUMPTION”.

(2) The food business operator shall maintain accurate records of the recovered food including their lot number,

batch code, pack size, brand name, date of manufacture, date of expiry, best before date, and all related data.

Proper recording system shall be available to ensure that recalled food is retrieved and its details are recorded.

(3) The food business operator may correct or re-process the recovered food, if permitted by Chief Executive

Officer, Food Safety and Standards Authority of India. In all other cases, the food business operator shall ensure

16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]

disposal of such food in consultation with the Chief Executive Officer, Food Safety and Standards Authority of

India. A complete record of the disposal of such product shall be maintained.

11. Post-recall report.—(1) The food business operator shall submit a post-recall report to the Chief Executive

Officer, Food Safety and Standards Authority of India after completion of the recall process so as to enable the

assessment of adherence to the recall procedures.

(2) In addition, it is necessary for the food business operator to investigate the reasons that led to such recall and

taking action to prevent recurrence of the problem.

12. Termination of a recall.—(1) The food business operator may request termination of recall by submitting a

written request to the Chief Executive Officer, Food Safety and Standards Authority of India along with recall

status report or post-recall report certifying that the recall was effective. The request may be made in the form

specified in Schedule-III.

(2) A recall may be terminated when the Chief Executive Officer, Food Safety and Standards Authority of India

determines that it is reasonable to believe that the food under recall has been removed and/or disposed of in an

appropriate manner and that steps have been taken to ensure that such incidents do not recur and a written

communication shall be sent to the food business operator within two weeks of the request submitted by the food

business operator and food business operator can resume normal operations thereafter.

(3) In case of unsatisfactory reports, the Chief Executive Officer, Food Safety and Standards Authority of India may

consider further action like stepped-up inspection, seizure or any other legal action against the food business

operator.

13. Follow-up action.—The food business operators shall provide the Chief Executive Officer, Food Safety and

Standards Authority of India with a report as soon as a recall is completed, in any case not later than thirty days

after the completion of a recall, covering the following information, namely: -

(a) the circumstances leading to the recall;

(b) the action taken by the food business operator including details of any publicity;

(c) the extent of distribution of the relevant batch in the country and overseas;

(d) the results of the recall (quantity of stock returned, corrected, outstanding, etc.);

(e) the proposed method of disposal or otherwise of recalled stock with record of destruction and/or correction;

and

(f) the action proposed to be implemented in future to prevent a recurrence of the problem.

14. Responsibility of the food business operator.—(1) The food business operator shall have procedures and

systems in place to identify the food businesses to whom they have supplied their food.

(2) The food business operator shall collaborate with the Commissioner of Food Safety of the State or Union territory

or the Food Authority on action taken to avoid or reduce risks posed by the specific batch or lot or code of food,

which they supply or have supplied.

(3) The food business operator shall remove the food from sale or distribution, when requested by the Commissioner

of Food Safety of the State or Union territory or the Food Authority, as the case may be.

15. Responsibility of the Commissioner of Food Safety of the State or Union territory.—(1) The Commissioner

of Food Safety of the State or Union territory shall supervise the recall by the food business operator and inspect

the food business operator’s capability of recall after receiving the recall alert information and shall also be

responsible for the following, namely:-

(i) inspect the suspected or determined unsafe food after receiving complaint from the consumer, take

action as per the provisions of the Act and advise the food business operator, in consultation with the

Food Authority wherever required, to recall such food;

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(ii) to prepare and issue a media release for immediate use by the media in recalls involving consumers, and

where required, in consultation with the food business operator;

(iii) conduct audit checks when it is determined that the food business operator is unable to ensure the

effectiveness of its recall;

(iv) give instructions on the frequency of reporting the condition of recall, subject to the urgency of the case,

and to monitor the recall progress of the food business operator(s);

(v) supervise the food business operator in completion of recall and assess their recall report;

(vi) as for the foods imported into India which are recalled products in other markets or where Indian made

foods are subject to recall or rejection in country of export and returned to India, the Food Authority or

the Commissioner of Food Safety of the State or Union territory shall, in consultation with the

concerned food business operator, determine the fate of such products for disposal or reprocessing at

port or otherwise and shall review recall plan for the exported foods and advice the health authorities in

the importing countries about such recall.

(2) The Commissioner of Food Safety of the State or Union territory shall inform the Food Authority about the

execution of the above process and follow such instructions as the Food Authority may deem appropriate.

16. Responsibility of the Food Authority.—(1) The Food Authority shall guide and supervise the Commissioner of

Food Safety of the State or Union Territory in the execution of the Recall Plan and, where necessary, it may

assess the relevant reports submitted by the food business operator and give instructions as may be required.

(2) The Food Authority may establish a web based facility titled ‘Food Recall portal’ on its website with a unique

identification number assigned to each recall for monitoring and to provide information to the consumers about

such recall.

(3) The Food Authority may also publicise about the recall when it considers that the public need to be alerted about

the health hazard depending upon seriousness of the situation and it shall keep the concerned food business

operator(s) aware of the same.

Schedule – I

[See Regulation 6(3) ]

Food Recall Information

To

The CEO of the Food Authority,

The Commissioner of Food Safety of the State or Union territory _____

Sr.

No.

Subject Particulars

1. Name and Address of the food business

operator

2. Name, Designation and Contact details of

person who should be contacted

3. Identity of the implicated food (a) Name of the food

(b) Brand Name

(c) Date of Manufacturing

(d) Quantity of Food

affected

(e) Batch/Lot/Code

number

(f) FSSAI License /

Registration number

with a copy

18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]

Sr.

No.

Subject Particulars

4. Reason for Recall

5. Date and circumstances under which need

for food recall was discovered

6. Nature of violation of the provisions of

the Act, Rules or Regulations made

thereunder

7. Name, designation and address and

telephone number of person reporting

the problem

8. Has any testing been under taken; If yes,

results thereof

9. Total quantity food

produced/manufactured

10. Duration of food business for this product

11. Quantity of implicated product sold to the

food business operator/ individual in the

food chain with documentary proof

12. Copy of Recall Communication (if

already issued) otherwise proposed

communication and means/ proposed

means of communication

13. Action already taken and Proposed plan

for recall

14. Any other relevant information

* Please attach extra sheets, if space is insufficient

Signature and title

Date:

Schedule-II

[See Regulation 9 (2)]

FOOD RECALL STATUS REPORT FORMAT

Date: _____________

Food Authority’s Reference number for recall ___________________________

1. Name of the food

2. Name of the company

3. Brand Name:

4. Batch/Lot / Code Number:

5. Date of Mfg/ Packaging (PKD):

6. Phone:

7. Email address:

Attention CEO, FSSAI/Commissioner of Food Safety of the State or Union territory

I,________________, the authorised representative of …………..(Name of the Company) ______ hereby submit

the following Recall Status Report regarding the above-listed food:

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1. Quantity related details of the implicated product before recall initiation:

(a) Total quantity of food

manufactured:

(b) Total sold to Food Business

Operator/individual in

distribution channel:

(c) Total quantity of food to be

recalled:

(d) Details in case quantities in row

(a) and (c )are different, (reason

thereof)

2. Communication:

(a) Total number of Food Business

Operator /individual identified:

(b) Number of Food Business Operator /

individual notified:

(c) Method of notification (check all that

apply):

(i) Letter

(ii) Phone

(iii) Fax

(iv) Email

(v) Other(s): Please specify

3. Food business operator response:

(a) Total number of food business operator /

individual responding:

(b) Total number of food business operator /

individual not responding:

(c) Total quantity of food dispatched to Non-

responding food business operator/individual end:

(d) Number of packaged units and its

quantity sold to and returned by each

responding food business operator/

individual (as per traceability):

Sold Returned

Number Quantity Number Quantity

(i) Food business operator/ individual

(ii) Food business operator/ individual

(iii) Food business operator/ individual

(iv) Food business operator/ individual

(v) Food business operator/ individual

Add more, if required

Total

Quantity of implicated product accounted for (Total amount in custody of firm, including that recalled expressed

as percentage of total implicated product):

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4. Effectiveness Checks:

(a) Total number required:

(b) Total number completed:

(c) Completion date:

5. Estimated Recall Completion Date: ____________________

6. Proposed method of disposal of recovered stock / record of destruction:

7. Actions proposed to avoid recurrence in future, if available at this point

Yours sincerely,

Signature and title

Food Business Operator

Note:

1. Provide cumulative information.

2. The final status report to be attached with the Recall termination request shall provide decided method of disposal /

records of destruction in point 6.

Schedule-III

[See Regulation 12 (1)]

FOOD RECALL TERMINATION REQUEST FORMAT

Date: ____________

To

The CEO, Food Authority ________

The Commissioner of Food Safety of the State or Union territory _________

Food Authority’s Reference No. for Recall: _________________________________

Food Business Operator Name & License No. & Registration No.: _______________________________________

Product Brand: ___________________

Food Name: __________

Date Code: ______________ Batch No. ______________ Manufacturing Date / Packaging Date __________

Best before / Expiry date ________________

Food Authority Contact: ______________________ Phone: _________________ Email: _____________

Ref: Request for Recall Termination

Attention CEO, FSSAI/Commissioner of Food Safety of the State or Union territory

I. ________________, the authorised representative of ………….(Name of the Company) state that the Company has

initiated a recall of the above-listed product/products on ____ (date)____ that extended to the ________ level. Proper

communications were made by phone, fax, email, mail and personal visits, and records of these communications have been

provided to your offices which are annexed along.

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2. All requested Status Reports have been filed (indicated if or not within the proper time-frames), and the latest

report is being submitted with this communication. _______ (Food Business Operator) _________ believes the above-

listed product has been successfully recalled.

3. In light of this executed recall, I hereby request that this food product recall be terminated.

4. The following Actions are proposed to avoid recurrence in future:

___________________

Signature

Name and designation of Authorised Signatory

Name of the company

PAWAN AGARWAL, Chief Executive Officer

[ADVT.-III/4/Exty./392/16(187O)]

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.

ALOK KUMAR

Digitally signed by ALOK

KUMAR

Date: 2017.01.24 16:03:52

+05'30'

GUIDELINES FOR FOOD RECALL

Introduction

Food on sale for human consumption must be wholesome, unadulterated,

uncontaminated, properly labelled and fit for human consumption. Violation of the

provisions in these regards may lead to regulatory action against the concerned FBO

under the Act, or rules and regulations made thereunder.

food recall

Food recalls are an appropriate method for removing or correcting marketed food

products and their labelling that violate the laws administered by the regulatory

authority. Recall can be defined as an action to remove food products from market at

any stage of the food chain, including that possessed by consumer, which may pose a

threat to the public health or food that violate the Act, or the rules or regulations

made thereunder. Recall of food product is in the common interest of the industry,

the government and in particular the consumer. Recalls afford equal consumer

protection but generally are more efficient and timely than formal administrative or

civil actions, especially when the product has been widely distributed.

Manufacturers and/or distributors should initiate a recall at any time to fulfil their

responsibility to protect the public health from products that present a risk of injury

or gross deception, or are otherwise defective. Firms may also initiate a recall

following notification of a problem by Food Authority or a state agency, in response

to a formal request by authority, or as ordered by Authority.

Purpose of this guideline

The purpose of this guide is to provide an overview of how to develop a recall plan

and how to implement that plan in the event of a recall. It will assist in identifying

products which are unsafe that violate the Act, or the rules or regulations made

thereunder and enable recall of the product(s) from the market place.

Role of the Food Authority

The Food Authority’s main role in a recall is to monitor the progress of the recall and

assess the adequacy of the action taken by the FBO in this regard. After a recall is

completed, the Food Authority will make sure that the product is destroyed or

suitably improved. Where the recall is related to serious defects in the manufacturing

process, the concerned authority may review the license of the FBO concerned.

The Food Authority will publicise the recall when it is of the opinion that the public

need to be alerted about a health hazard or that clarification of the situation needs to

be made to allay public worries.

In cases of public health emergencies, the Food Authority may, depending on the

available evidence, alert the public before a decision on recall has been reached.

Role of the industry

Food Business Operators carry the prime responsibility of implementing the recall,

and for ensuring compliance with the recall procedure at its various stages including

follow-up checks to ensure that recalls are successful and that subsequent batches of

the food products are safe for human consumption.

If a food business operator considers or has reason to believe that a food which has

processed, manufactured, distributed or imported is not in compliance with the food

safety requirements, it shall immediately initiate procedures to recall the food in

question from the market where the food has left the immediate control of that

initial food business operator and inform the competent authorities thereof. Where

the product may have reached the consumer, the operator shall effectively and

accurately inform the consumers of the reason for its recall, and if necessary, recall

food product from consumer that have already supplied to them.

A food business operator shall immediately inform the competent authorities if it

considers or has reason to believe that a food which it has placed on the market may

be unsafe for the consumers. FBO shall inform the competent authorities of the

action taken to prevent risks to the final consumer and shall not prevent or

discourage any person from cooperating, with national law and concerned

authorities, where this may prevent, reduce or eliminate a risk arising from a food.

Food business operators shall collaborate with the concerned authorities on action

taken to avoid or reduce risks posed by a food which they supply or have supplied.

Food recall plan

All food business operators as prescribed in the regulation 7 of Food Safety and

standards (Food Recall Procedure) regulations, 2017 must have an up to date recall

plan as provided in Annex (Model recall Plan)- I. At the time of recall being carried

out, the FBO shall submit their detailed recall plan to the CEO, FSSAI. A brief step by

step procedure and its description are as below.

Assemble the Recall Management Team

Notify the authority

Identify all products to be recalled

Detain and Segregate all products to be recalled which are in your firm's control

Prepare and distribute the information

of recall including Press Release

Prepare the Distribution List

Verify the effectiveness of the recall

Control the recalled product(s)

Decide what to do with the recalled product(s)

Fix the cause of the recall if the problem occurred at your facility

Conducting a recall plan

Step 1: assemble your recall management team

At the very beginning of the recall the FBO should initiate the formation of recall

management team and assign the recall duties to each person and should ensure that

all members of the recall management team are informed of the decision to conduct

a recall and each member knows their responsibilities during the recall.

The team should include people responsible for:

1. Decision making

2. Quality assurance / technical advisory

3. Media communication

4. Complaint investigation

5. Contacting accounts

6. Food Authority Contact

7. Legal Counsel

The management team document should contain the following:

RECALL MANAGEMENT TEAM

NAME ALTERNATE

PERSON

BUSINESS

PHONE

AFTER HOURS

PHONE

RESPONSIBILITIES DURING

RECALL

Step 2: Inform the authority

Inform the concerned regulatory authority at the earliest opportunity, after an incident

is identified that may lead to a recall and should be updated throughout the process.

The information should include the following:

 a detailed description of the nature of the problem

 the name, brand, size, lot code(s) affected

 details of complaints received and any reported illnesses

 the distribution of the product - local or national

 when was the product distributed (specific dates)

 label(s) of the product(s) which may be recalled

 the total quantity of product manufactured and distributed

 the name of your firm’s contact with the authority

 the name and telephone number(s) for your firm’s after-hours contact

the detailed information is given under Schedule I of FSS (Recall Procedure)

Regulations, 2017

Step 3: identify all products to be recalled

It is the responsibility of FBO to ensure that all products which need to be recalled

are identified. In addition to those products directly affected by the problem, the FBO

should:

 determine if any other codes, brands or sizes of the same product are affected

 determine if any other products are affected

Step 4: detain and segregate products to be recalled which are in your firm's control

The FBO should ensure that all products to be recalled that are in your firm’s control

are not distributed and;

 determine the locations of the recalled product(s) e.g. on-site, at the plant, off-

site storage

 determine the amounts at each location

 identify and segregate products to prevent distribution

Step 5: prepare and distribute the information of recall

Informing the Consumer: - Depending on the extent of the recall, the company

concerned should inform the consumer of the recall at the earliest possible moment.

Information dissemination may take the form of a press release, letter to the

concerned parties or paid advertisement in the media. Sufficient telephone hotline

service should be made available to deal with enquiries.

Information within the Food Chain: - The FBO shall inform everyone in the food

chain from the raw material vendor to the supplier and any other relevant retailer or

trade association of the affected food by written communication, phone, e-mail, fax,

or a combination of thereof.

The press release, letter or advertisement shall be in the form of ‘Food Recall Notice’

and shall contain the following information, namely: -

 Name of the Food Business Operator recalling the food;

 Name of the food, brand name, pack size, batch and code number, date

of manufacture, used by date or best before date;

 The contamination or violation in the food or reason for such recall;

 “do not consume message”;

 Health warning and action;

 The places or outlets where the food is found;

 The action to be taken by the consumer;

 Contact number for queries.

The FBO must:

 complete the press release within two hours after being notified of the recall

 submit a draft of the proposed Press Release, if required, to the concerned

Authority for approval

 arrange for translation of the press release for concerned region

Step 6: prepare the distribution list

Keeping accurate distribution records allows to limit the recall to the specific

accounts that received the product being recalled. Using the distribution record

system, produce a product and lot code specific distribution list which:

 identifies the accounts that received the recalled product

 lists the accounts names and addresses, contact names

and telephone numbers

 identifies the type of account e.g., manufacturer,

distributor, retailer

Step 7: verify the effectiveness of the recall

The food business operator should determine whether the recall is progressing

effectively and submit periodic status reports to the concerned authority to inform

the progress of the recall. FBO shall submit the periodic recall status report once in a

week or as otherwise specified by the concerned authority

To conduct an effective recall, the FBO should maintain the food distribution records

which include Name and address of suppliers and distributors, date of purchase of

raw material, batch code, lot number and complete traceability from Raw material to

finished good.

The FBO must;

 verify that all accounts have stopped distributing and selling the

recalled product(s) product(s)

 verify that the recalled product(s) have been returned to the

Step 8: control of the recalled product(s)

The product is to be recovered to a central site, or in the case of widely distributed

product, to major recovery sites. The recovered product must be stored in an area

which is separated from any other food product. Accurate records are to be kept of

the amount of recovered product and the batch codes of the product recovered.

It is the responsibility of the FBO to ensure that recalled products do not re-enter the

market.

 separate and clearly identify recalled product(s)

 reconcile quantities and monitor returned product(s)

 record the recalled product(s) in Recalled Product

Records document

Step 9: decide what to do with the returned product

After recovery, products may be corrected or reprocessed before release to the

market if it is fit for human consumption. Otherwise the product is to be destroyed.

The action to be taken on the recalled product should be approved by the competent

Authority

 decide on the action to be taken on the recalled product

e.g., correction, re-export, destruction

 find out if the Authority wants to witness/verify that the

action has been taken

 verify that the action has been effective

 record the action taken for each product in your Recalled

Product Records document

Step 10: fix the cause of the recall

As the manufacturing firm that produced the unsafe product, it is your responsibility

for ensuring that all reasonable steps are taken to prevent similar recalls in the

future.

 put controls in place or revise existing controls to

prevent similar problems in the future

protection, it is important that products which have been recalled are recorded so

that you know that the product has been controlled and has not market.

Description

Your recalled product records should contain:

 a

Annexure-I

(Insert FBO Name) Recall plan

In the event that if any of our products, that presents a threat to the public health or food that

violate the Act and Rules and Regulations made there under __ (Insert name of FBO)

___will protect public health by facilitating the efficient, rapid identification and removal of

unsafe food from the distribution chain and, by informing consumers of the presence in the

market of such food.

There is a documented recall procedure in place and this will be periodically tested to ensure

that it is comprehensive and fit for purpose in its ability to remove an unsafe food from

consumers and/or the distribution chain.

Recall Procedure

Introduction

This procedure states the action/s __(Insert name of FBO)__ will take to effectively manage

the food recall in case the food does not meet the requirements of the hygiene, safety and

quality of food as well as protect the health of consumers

.

An effective product recall will ensure that the unsafe or food that violate the Act and Rules

and Regulations made there under is contained and either destroyed or rendered safe.

We will refer to and follow instructions when required which are laid out in the following

documents:

 Food Safety and Standards (Food Recall Procedures) regulation, 2017

 FSSAI Website (www.fssai.gov.in)

 Guidelines for food recall plan

Roles and Responsibilities

It is our __(Insert name of FBO)__responsibility to effectively organise and manage the

recall of food that presents a threat to the public health or food that violate the Act and Rules

and Regulations made there under and to formulate a broad level recall plan as per FSSAI

guideline on recall plan.

The recall co-ordinator for the site is __(insert name)__who has been given authority from

management to make recall decisions on behalf of __(Insert name of FBO)__. When a recall

is initiated, our actions in recalling the affected food/s need to be co-ordinated with the

___(insert the name of concerned Authority)____

We shall notify ___(insert the name of concerned Authority)____ as soon as a recall is

likely to be initiated. It is our responsibility to manage the recall by clarifying the food safety

issue and the exposure (who and where risk exists), and to provide details on distribution and

the method of recall.

The Recall management team

The recall co-ordinator __(insert name)__ will initiate the formation of a recall management

team and will co-ordinate actions with ___(insert the name of Concerned

http://www.fssai.gov.in/

Authority)____and our marketing and distribution agents. Committee members will include

personnel from across our __(Insert name of FBO)__ Typically the committee would be like

(Insert name of FBO) RECALL PLAN

Company name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Phone No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Products produced _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

RECALL MANAGEMENT TEAM

NAME ALTERNATE

PERSON

BUSINESS

PHONE

AFTER HOURS

PHONE

RESPONSIBILITIES DURING

RECALL

The recall management team is responsible for the management of all recall activities and to

adhere to this procedure. Duties of the recall management team are to:

 assess the overall problem;

 notify the relevant regulatory authority;

 evaluate the hazard in the food and the extent of contamination;

 determine a strategy to be followed;

 make decisions about product still in manufacture or in storage;

 notify insurers.

Recall Actions & Documentation

The recall management team shall reference and follow the actions outlined in the Safety and

Standards (Food Recall Procedures) regulation, 2017 when we become aware a product may

be unsafe or food that violate the Act and Rules and Regulations made there under. We will

ensure that records of all actions and decisions and who was responsible are recorded and

retained.

Decision to Recall

The decision to recall will be submitted to ___(insert the name of Concerned

Authority)____

Notification of a product recall

If the decision is taken to initiate a recall, we will notify:

 Senior management of __ (Insert name of FBO) __, supply chain personnel

 Food Authority.

 Anyone that has received our product, including distributors, wholesalers,

retailers and caterers.

 Consumers, via the media contacts included on our contact list.

The contact list must contain the contact details for the following:

 The products recall committee and senior management and key company

personnel.

 Suppliers of all ingredients.

 Downstream Food Business Operator and business customers.

 Sources of technical advice and support including laboratory facilities.

 Regulatory Authorities.

Regaining control of affected stock

The recovered product/s will be stored in an area that is separated from any other food

products. Accurate records will be kept of the amounts recovered and the codes of the

product/s. If the recovered product/s is unfit for human consumption, it may be destroyed or

denatured under the supervision of the company management and/or the regulatory authority

where legally required.

If the food safety risk can be safely removed from the recovered product/s through relabelling

or reprocessing this may be done once it is clear that public health will be protected.

Recall Status report

Periodic status reports will be submitted to the CEO, FSSAI after the notification of the

recall for assessing the progress of the recall.

The frequency of such reports will be determined by the relative urgency/gravity of the

recall and will be specified by the concerned food authority for each recall. However, in

any case the reporting interval shall not be more than 1 week.

The recall status report should contain information specified under Schedule II of Food

Safety and Standards (Food Recall Procedure) Regulations, 2017.

Post recall report

Recall management team will submit post recall report to the CEO, FSSAI after the

completion of the recall to assess the effectiveness of the recall.

In addition, ........(insert the name of FBO) ... will investigate the reasons that led to such

recall and will take action to prevent recurrence of the problem.

Termination of a recall

........(insert the name of FBO) ... may request termination of the recall by submitting a

written request to the CEO, FSSAI along with the latest recall status report stating that

the recall was effective.

The recall will be terminated when the concerned food authority determines that all

reasonable efforts have been made in accordance with the recall strategy and it is

reasonable to assume that the food product subject to the recall has been removed and

proper disposition or correction has been made commensurate with the degree of

hazard of the recalled food product. Written notification that a recall is terminated will

be issued by the Food authority to the company.

In case of unsatisfactory reports, the concerned food authority may consider further

action like stepped-up inspection, seizure or any other legal action, against the

........(insert the name of FBO) ....

Follow up action

We…... (insert the name of FBO) ... will submit an interim report as soon as recall is

completed to the regulatory authorities within an agreed timeframe of the closure of the

recall in any case not later than thirty days after the completion of a recall. The final

report will include the elements outlined in the FSS (Food Recall Procedure)

Regulations, 2017.