Judith Jansen and Cyriel Ruers are litigating on behalf of a food manufacturer in an appeal to the court in The Hague against the State to achieve a structural extension of the inspection time.
This is necessary to compensate for any disruptions and the subsequent delays in the production process. The manufacturer has been requesting such an extension for years, but the NVWA (Netherlands Food and Consumer Product Safety Authority) refuses because it claims it does not have enough inspection staff. According to the manufacturer, this is the fault of the NVWA because it has a legal best-efforts obligation to ensure that sufficient personnel are available to carry out the mandatory inspections. This follows from Regulation 2017/625 (also known as the Control Regulation). The NVWA has not complied with this. Moreover, the inspection time can also be extended without the deployment of additional personnel.
Maverick Advocaten regularly assists companies in the food sector, see for example here, here and here. For more practical tips on supervision by the NVWA, see invalnvwa.nl.
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