Regulation (EC) No 178/2002 (OJ L31, p1, 1/02/2002) of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
Regulation (EC) No. 178/2002 of 28 January 2002 lays down the general principles and requirements of food law and procedures in matters of food safety. It aims to establish appropriate measures in emergency situations ensuring that all foods, whatever their type and origin should be subject to common measures in the event of a serious risk to human health, animal health or the environment. The objective of putting in place such a comprehensive approach to emergency food safety measures is to allow for effective action to be taken and to avoid artificial disparities in the treatment of a serious risk in relation to food.
Article 53 of Regulation (EC) No. 178/2002 sets out emergency measures for food and feed of European Community origin or imported from a third country
Where it is evident that food or feed originating in the European Community or imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned, the European Commission, acting in accordance with the procedure provided for in Article 58(2) Regulation (EC) No. 178/2002 on its own initiative or at the request of a Member State, shall immediately adopt one or more of the following measures, depending on the gravity of the situation:
- in the case of food or feed of European Community origin:
- suspension of the placing on the market or use of the food in question;
- suspension of the placing on the market or use of the feed in question;
- laying down special conditions for the food or feed in question;
- any other appropriate interim measure;
- in the case of food or feed imported from a third country:
- suspension of imports of the food or feed in question from all or part of the third country concerned and, where applicable, from the third country of transit;
- laying down special conditions for the food or feed in question from all or part of the third country concerned;
- any other appropriate interim measure
However, in emergencies, the European Commission may provisionally adopt measures after consulting the Member State(s) concerned and informing the other Member States. As soon as possible, and at most within 10 working days, the measures taken shall be confirmed, amended, revoked or extended in accordance with the procedure referred to in Article 58(2) of Regulation (EC) No. 178/2002 and the reasons for the European Commission's decision shall be made public without delay.