Dealing with regulators/reporting obligations
Consideration should be given to whether notification to any regulators is necessary or whether the company has any other reporting obligations.
Notification may be necessary to some or all of the following:
- public authorities and/or local authorities and/or other regulatory bodies
- customers (may potentially be required pursuant to supply contracts) and consumers
- any other third parties (for example parties whose own product might have been affected or who might be at risk)
- where you are unsure, consider seeking legal advice in the relevant jurisdiction
If notification is deemed necessary:
- the IM team may have to co-ordinate relationships with different regulators in different countries who may adopt different approaches to food safety issues. The IM team should therefore consider the requirements of the relevant regulatory authorities within each country at an early stage
- the IM team should decide which regulator it considers most appropriate to approach first - that regulator's response to the product issue may influence the response of other regulators whom the company later approaches, in other countries. (In some cases, relevant guidance identifies which regulator should be the "first port of call")
- it will be necessary to consider which parties need to be notified urgently (for example some reporting obligations may require notification to be made immediately while other parties can be notified at a later stage in the process)
