Products withdrawn from circulation: legal procedure

In Azerbaijan, the withdrawal of food products from circulation is regulated by the Law "On Food Safety" and the relevant regulatory acts of the food safety agency. When food products manufactured, imported, or offered for sale by enterprises are found to be unsafe, their withdrawal from circulation is a mandatory legal requirement.

The main legal bases are: Article 22 of the Law of the Republic of Azerbaijan "On Food Safety" defines the conditions for withdrawing food products from circulation. The "Rules for Withdrawal of Food Products from Circulation" approved by the food safety agency decision of 2023 reflects the procedural requirements. Article 201.1 of the Criminal Code links the circulation of hazardous food products to criminal liability.

A withdrawal decision can be made in the following cases: when microbiological contamination is detected, when excessive levels of chemical substances are confirmed, in cases of gross violation of labeling requirements, when quality deterioration due to storage condition violations is determined, and when facts of falsification of production dates are discovered.

Coordination with the food safety agency is the most sensitive stage of the withdrawal process. Whether withdrawing a product on its own initiative or at the request of the agency, the enterprise must follow certain procedures. Proper execution of the procedure is critically important for managing both legal and reputational risks.

• Application and notification: A written application must be submitted to the food safety agency within 24 hours after the withdrawal decision is made. The application must state the product name, batch number, production date, reason for withdrawal, and quantity.
• Document submission: Technical documents, laboratory results, production records, and distribution lists for the product must be submitted. For products of foreign manufacture, import documents are also attached.
• Agency inspection: Agency specialists inspect the storage location of the product, take samples, and conduct laboratory analysis. This process may take 3-5 business days.
• Decision-making: After the agency gives a positive opinion, a decision is made on the destruction or re-processing of the product. The decision is confirmed in written form.

In cases of voluntary withdrawal by the enterprise, the requirement to notify the food safety agency may be less stringent, but this does not exempt from full liability. In every case, documentation and traceability requirements must be observed.

Timely and accurate notification of consumers about withdrawn products is both a legal requirement and a matter of corporate ethics. Incorrect or delayed notification can lead to serious reputational damage and legal liability.

Notification methods include: publication of announcements in mass media (newspapers, online media), dissemination of official statements on social media platforms, sending written notifications to distributors and points of sale, creation of a warning section on the product's official website, and direct notification via mail, SMS, or mobile application.

In international practice, the "voluntary recall" approach is widespread. This approach gives the enterprise the opportunity to identify the problem itself and inform the public before the agency does. This increases the credibility of the enterprise and reduces legal risks.

Documenting each stage of the withdrawal process can serve as a defense tool in future legal disputes. Complete and accurate documentation plays an important role both in agency inspections and in court proceedings.

Documentation requirements include: the withdrawal order and decision (internal document), application letter to the food safety agency and response letter, laboratory analysis protocols, notifications and receipts sent to the distribution network, samples of warnings disseminated to consumers, the act of destruction or sending the product for reprocessing, and photo and video recordings (product storage location, destruction process).

• Traceability: Full documentation of the product's journey from production to consumer is required. This is ensured through batch numbers, dates, contracts, and receipts.
• Electronic systems: Procedures conducted through the agency's electronic services portal are faster and more transparent.
• Archiving: All documents must be kept for a minimum of 3 years. This period is established by law, and its violation creates administrative liability.

The traceability system also assists the enterprise in voluntary recall situations. Knowing exactly which points of sale received the product, on what date, and in what quantity increases the speed of the process.

To effectively manage the withdrawal process, as ASR Group, we offer enterprises an action plan with the following steps:

Stage 1 - Risk detection and assessment: Continuous analysis of internal monitoring and laboratory results. Monitoring of complaints and social media. Tracking warnings from suppliers. Conducting multi-criteria analysis to assess the severity of the risk.

Stage 2 - formation of a decision-making committee: A committee comprising the food safety manager, legal counsel, public relations specialist, and management representative must be established. The committee must make a decision within 2 hours.

Stage 3 - Execution and monitoring: Communication with distributors and points of sale. Physical collection and isolation of the product. Execution of the destruction or reprocessing procedure jointly with the agency. Preparation of a report at the end of the process and submission to management.

Stage 4 - Improvement: Conducting root cause analysis. Planning and implementing corrective measures. Conducting internal training. Review and improvement of procedures.

As ASR Group, our goal is to support the Azerbaijani food industry in aligning with international standards and to provide professional consulting services for the effective implementation of food safety management systems.