The Rules of Liability in Food Safety
The sphere of food and animal feed safety is subject to strict state control, and a violation of the requirements ends for a business operator with fines, the suspension of a production process and other administrative penalties. The relevant Georgian code determines which nonconformity causes which consequence, how repetition is determined and by what rules the authorized person examines the case. This page gathers these rules so that the business operator sees the risks in advance and avoids the consequences.
The Tiers of Fines
When a nonconformity is discovered during food safety control, its character is decisive. Where the nonconformity does not create a high risk to the life and health of humans or animals and its reduction is possible without suspending the production process, but the instruction of the authorized person is not fulfilled, a business operator with small business status is fined 200 GEL, others 500 GEL; non-fulfilment within a new reasonable term leads to a fine of 1 000 GEL and suspension of the production process. A nonconformity creating a high risk leads to a fine of 1 000 GEL with suspension, and its repetition — 5 000 GEL with suspension. Non-fulfilment of an instruction connected with preventing placement on the market or with the withdrawal and destruction of food entails a fine of 5 000 GEL. Violation of the rules of providing information to the consumer is punished for small business with 200 GEL, for others 500 GEL, and repetition with 1 000 GEL. Information on special dietary or infant and child food products creating a misleading impression is fined 1 000 GEL for small business, 3 000 GEL for others, and repetition means 5 000 GEL and suspension of activity. Violation of the rules of labelling animal feed stands on the same first tier — 200 GEL for small business and 500 GEL for others.
Repetition and the Examination of the Case
An administrative offence is considered repeated if the person committed the same act within 12 months of the discovery of the previous offence; offences committed on the same day at territorially separated facilities are not considered repeated. For one and the same offence a person cannot be charged different penalties or a repeated penalty. Where several violations are examined simultaneously, the penalty is imposed within the sanction providing the larger fine, and if another penalty is established alongside the fine, it is applied as well.
The case is examined by an authorized person of the agency, who draws up a fine ticket — which is at the same time the record of the administrative offence. The form of the fine ticket and the rules for completing and submitting it are approved by the Minister of Environmental Protection and Agriculture. If signs of a crime are found in the act, the materials are immediately sent to the investigative body; where criminal prosecution or investigation is discontinued, an administrative penalty may be imposed within no later than 1 month of the decision.
Obligations Connected with Withdrawal from the Market
Separately determined is liability for non-fulfilment of the obligation connected with the withdrawal of harmful food from the market — a fine of 1 000 GEL; for evading notification of the agency about withdrawal and measures taken — 200 GEL; for non-fulfilment of a demand for the immediate withdrawal of a product containing a risk identified through monitoring — 1 000 GEL. These norms show the business operator that reacting to a risk is not a permission but an obligation.
For the business operator it also matters that the size and form of the penalty are determined precisely by the first reaction: timely fulfilment of an instruction often saves from suspension of the production process, and voluntary withdrawal of a risky product with notification saves from repeated and strict sanctions. Every fine ticket is an act open to challenge, whose lawfulness is verified on appeal — and here a reasoned response often reduces the fine or annuls it entirely.
Frequently Asked Questions
Below are answers to the questions raised most often about food safety.
What fine is provided for non-fulfilment of an instruction?
For a low-risk nonconformity — 200 GEL for small business and 500 GEL for others; on repetition — 1 000 GEL and suspension of the process.
When is a violation considered repeated?
Where the same act is committed within 12 months of the discovery of the previous violation; violations on the same day at separated facilities are not repeated.
Can more than one penalty be imposed?
For one and the same violation — no; with several violations the penalty is set within the largest fine, with an additional penalty where the sanction provides one.
What happens when signs of a crime are found?
The materials are immediately forwarded to the investigative body; on discontinuation of prosecution an administrative penalty may be imposed within 1 month.
What fine applies to misleading information on infant food?
1 000 GEL for small business, 3 000 GEL for others; on repetition — 5 000 GEL and suspension of activity.
How We Help on Legal.ge
The specialists of Legal.ge work on food safety cases: we assess the lawfulness and qualification of the fine ticket, plan the appeal, protect you from excessive suspension measures and represent you in relations with the agency. Contact us — the amount of the fine often depends precisely on the quality of the first reaction.