Food Safety Compliance Defense in Georgia | Legal.ge

FoodSafetyCompliance

Is jail time possible for food safety violations?

Yes, under Article 198 of the Criminal Code, selling dangerous products causing harm can lead to imprisonment, fine, or community service.

Who is liable: the company or the director?

Both can be liable. The company may face heavy fines and suspension, while the director or responsible manager may face criminal prosecution.

What if the contamination was accidental?

Accident or negligence is still punishable, though intent matters for the severity of the sentence. A lawyer can argue lack of intent to mitigate penalties.

Can I appeal the National Food Agency''s fine?

Yes, administrative fines and protocols issued by the NFA can be appealed in court within the statutory deadlines.

Introduction: Legal Challenges in Food Safety
Food safety is a strictly regulated field in Georgia, directly linked to public health. For business operators involved in food production, processing, or distribution, compliance is not just an administrative obligation but can also become a matter of criminal liability. When food safety rules are violated, leading to potential or actual harm to human health or life, the issue goes beyond mere fines to crimes under the Criminal Code. Charges of violating food safety rules pose a serious threat to a company''s reputation and the liberty of its executives. Therefore, qualified legal defense is essential both at the prevention stage and when criminal prosecution begins.

What Does This Service Cover?
This service offers comprehensive legal assistance to business operators and individuals accused of violating food safety norms. The service includes:

Criminal Defense: Representation during investigation, indictment, and trial stages under Article 198 of the Criminal Code of Georgia (Manufacture, import, or sale of products dangerous to human life or health).
Representation with Regulators: Legal assistance during inspections by the National Food Agency (NFA), appealing protocols, and participating in administrative proceedings.
HACCP and Standards Audit: Legal assessment of the enterprise''s compliance with the Hazard Analysis and Critical Control Points (HACCP) system, which is often crucial evidence in court.
Analysis of Expert Reports: Alternative analysis of laboratory test results and appointment of independent expertise to determine the actual composition of products.
Corporate Defense: Protecting company executives from personal liability, developing internal regulations to minimize risks.

Common Situations and Scenarios
Violations of food safety rules often manifest in the following scenarios:

Mass Intoxication: Customers are poisoned after consuming food purchased at a restaurant or supermarket. An investigation begins into the violation of sanitary norms.
Sale of Expired Products: Large quantities of expired products with altered labels (falsification) are found in a warehouse.
Detection of Harmful Substances: Laboratory tests reveal high concentrations of banned dyes, pesticides, or bacteria (e.g., Salmonella, Listeria) in the product.
Violation of Production Process: Production is carried out in unsanitary conditions, directly threatening consumer health.
Labeling Violations: The product composition does not match the label, causing allergic reactions (e.g., hiding nuts or gluten).

Georgian Legal Framework
The field is regulated by the "Code on Food/Feed Safety, Veterinary and Plant Protection", which establishes basic requirements for business operators. Criminal liability is defined by the "Criminal Code of Georgia", specifically Article 198 (Manufacture, import, or sale of products dangerous to human life or health) and Article 197 (Falsification). Additionally, Government decrees on technical regulations and the "Code of Administrative Offenses of Georgia" are significant. Lawyers use this regulatory framework to prove that the violation was not criminal in nature or that there is no causal link between the action and the result.

Step-by-Step Process
1. Inspection/Check: The National Food Agency conducts an inspection. If a violation is found, a protocol is drawn up; serious violations are referred to investigative bodies.
2. Investigation Initiation: If a crime is suspected, an investigation begins. Expertise is appointed to determine product safety.
3. Defense Strategy: The lawyer reviews case materials, requests alternative expertise, and gathers evidence of the enterprise''s compliance with standards.
4. Court Hearing: The lawyer defends the accused''s interests in court, attempting to refute charges or mitigate the sentence.
5. Outcome: The case may end in acquittal, a fine, or, in severe cases, imprisonment.

Why Choose a Specialist on Legal.ge?
Food safety cases require deep knowledge not only of jurisprudence but also of technical regulations. Lawyers listed on Legal.ge specialize in economic and regulatory crimes. They have experience dealing with the National Food Agency and investigative bodies. Protect your business and reputation with the help of professionals.