People are in a hurry to share photos of such products and seek compensation from stores, but according to Aleksandra Fedotova, health care and life sciences industry advisor at TGS Baltic law firm, stores are not always responsible for a defective or damaged product.
The State Food and Veterinary Service (VMVT) carries out the control of food products, it also examines cases where a contaminated or damaged food product is put on the market or, due to certain circumstances, is unfit for human consumption. The Service plans inspections of stores and other food handling entities, and the control of all food handling entities depends on the level of risk assigned to them.
The assessment and assignment of risks affects the frequency of inspections, that is, the frequency of inspection of entities is determined on the basis of risk. For example, if the entity is not classified as risky, the inspection can be scheduled once every three years. If the subject is classified as a high-risk group, inspections may be carried out once a year or more frequently.
Responsible services evaluate the food industry and the freshness of products very carefully. For example, there are stores that sell only packaged products with a longer shelf life, so they are usually classified as less risky entities. Shopping centers with separate fresh meat departments and meat cutting workshops can be visited much more often.
Fish sections are one of the most risky
It is not uncommon for frozen fish contaminated with parasites to arrive in supermarkets. This happens because it has been improperly cared for or processed in the country of origin, not ensuring that the fish is properly marketed. Most of the time, frozen fish comes to supermarkets through suppliers, and then the question arises – in this case, who is responsible for such a product and possible damage to the consumer: the supermarket or the supplier?
Some types of parasites that can be found in frozen fish can be dangerous because they can cause illness or an allergic reaction in the consumer, and such fish are unfit for human consumption. In such a case, when parasites are found in fish, the supplier who first brought the product to the country faces an economic sanction – a warning or a fine from 300 to 3 thousand. euros. Also – a decision prohibiting the supply of such fish to the market with an obligation to recall the product from all its distribution points, that is, from all Lithuanian stores where the product recognized as unsafe might have entered and the recall from consumers.
The damage caused to the user is assessed by an even larger amount of money, which can reach up to 12 thousand. euro fine. However, if stores do not use the services of suppliers and order, buy products and transport them to Lithuania themselves, then they themselves take responsibility for such events – for violating the Food Law, they are given an economic sanction and a mandatory order to remove the product from the market and recall it from consumers.
The lack of hygiene is reflected in confectionery products
Moth larvae can usually be found in confectionery and sweets. In this case, the product is not considered unsafe, but it is unacceptable to the consumer, so an administrative measure may be applied to the store. This means that the product will have to be removed from the market, because it is recognized as low-quality and unusable.
The decision of the administrative enforcement measure usually does not result in any economic sanction for the company. The responsible person of the company can be held liable under the Code of Administrative Misdemeanors – this would be a warning or a fine of up to 560 euros.
General requirements for all food products
The general Food Law applies to all food products, it does not contain separate norms that regulate only certain products. In other words, products with both longer and shorter shelf life are regulated equally without reservation and high food safety requirements apply to all food products. Lithuanian hygiene standards also state that certain requirements must also be met by store premises where food will be sold.
One of the main regulations that lays down the general principles and requirements of food legislation also lays down procedures related to food safety issues, ie what is acceptable and safe for consumption. According to the general criteria, some products may be recognized as unsafe for consumption, and others as substandard and unacceptable for human consumption, according to the regulation. In all cases, such products are removed from the market, and the control authority decides on the (non)imposition of an economic sanction.
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2024-07-11 21:01:43