On 1 September, the Dutch Food and Consumer Product Safety Authority (NVWA) updated its Guidance on Reporting Unsafe Food. The most striking change: companies no longer need to report unsafe food if the product is still completely under their control. However, if the product has already been supplied to another business or if it is already on the shelves, the obligation to report within four hours still applies.

Under the EU General Food Law, companies must take immediate action and notify national authorities if they suspect a food product may be unsafe. Food is considered unsafe if it is harmful to health (for example, contaminated with salmonella or missing allergen information on the label) or if it is unsuitable for human consumption (e.g. an unusual colour or smell).

The NVWA interprets “immediately” as reporting within four hours. The four-hour clock starts ticking from the moment the company could reasonably know or suspect that the food is unsafe. The obligation applies 24/7, including evenings, weekends, and public holidays. Companies must therefore quickly assess the situation and report if needed. Reporting too late can result in a fine.

With the updated guidance, the NVWA aims to reduce the administrative burden for companies.

This is good news for businesses that can demonstrate that: 1) the food is still under their control, 2) the cause lies within the company, and 3) suitable measures have been taken to remove the risk. In those cases, the reporting obligation no longer applies.

Do you have a reporting duty but you do not yet have all the details about the root cause? Since 1 September, it is possible to provide this information at a later stage. The NVWA’s priority is first to understand the scope of the problem (who, what, where) in order to decide whether measures such as a recall are necessary.

Have all concerns from the food industry now been addressed? No. There is still debate about the reasonableness of the four-hour deadline, the obligation to report food in transit and raw materials, and the lack of distinction between “harmful to health” and “unsuitable for consumption”. On these points, the NVWA guidance still appears stricter than the European rules.