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  6. Food Safety Violation Defense

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FoodSafetyViolationDefense

When does NFA suspend business?

Upon finding critical non-compliance posing immediate health risks (e.g., rodents, gross sanitation violations).

Penalty for expired food?

Fines typically range from 200 to 500 GEL, but can be higher depending on the scale and nature of the violation.

Is HACCP mandatory?

Yes, implementing HACCP principles is mandatory for catering establishments and food manufacturers in Georgia.

Can I refuse entry to an inspector?

No, obstructing an inspection leads to fines and forced entry with police assistance.

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Food Safety Violation Defense

Food safety in Georgia is strictly regulated under the supervision of the National Food Agency (NFA). Business operators (restaurants, markets, factories) often face heavy financial sanctions, suspension of activities, or criminal liability due to hygiene violations, labeling errors, or expired products. If substandard food causes harm to human health, the matter shifts to criminal law (Article 198 of the Criminal Code). Often, agency inspectors evaluate situations subjectively, or laboratory results are debatable. Businesses need qualified legal assistance to protect themselves from disproportionate fines and preserve their reputation.

What Does This Service Cover?

Lawyers listed on Legal.ge offer defense in food safety disputes:

  • Appealing Fines: Challenging administrative violation protocols issued by the NFA in court.
  • HACCP Compliance Audit: Legal consultation on implementing and documenting Hazard Analysis and Critical Control Points (HACCP) systems.
  • Reviewing Lab Tests: Questioning the results of samples taken by the agency and conducting alternative tests in accredited laboratories.
  • Criminal Defense: Defending directors and technologists from prosecution in cases of food poisoning or health damage.
  • Restoring Business Operations: Documenting the elimination of critical non-compliances and petitioning to lift suspension orders.

Common Scenarios and Real-World Situations

Violations typically involve:

The first scenario is "Mass Poisoning." Guests at a restaurant get sick. The NFA closes the venue and fines it. If salmonella is found, an investigation begins. Defense determines if the fault lies with the restaurant or the supplier.

The second scenario is "Labeling Violations." An importer is fined for missing Georgian labels or incomplete info. The lawyer appeals if the violation is purely formal.

The third case is "Expired Products." Expired goods found in a market. High fines apply. Defense investigates if it was systemic or staff error.

Georgian Legal Framework

Regulations:

  • Code on Food/Feed Safety, Veterinary and Plant Protection: The main law defining fines and rules.
  • Criminal Code: Article 198 (Production, import, or sale of products dangerous to life or health).

Service Process Step-by-Step

  1. Protocol Review: Analyzing the inspection report.
  2. Complaint: Filing an administrative appeal to the agency or court.
  3. Re-testing: Verifying product quality independently.
  4. Outcome: Canceling or reducing the fine.

Why Use Legal.ge?

Food safety disputes require niche expertise. On Legal.ge, find lawyers to help protect your business from NFA sanctions.

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