When a producer or distributor is aware that products intended for consumers which it has placed on the market do not meet the requirements set out in article L. 421-3, it shall take the necessary action to prevent risks to consumers and immediately inform the competent administrative authorities.
The procedures for this information are defined by order of the minister responsible for consumer affairs and the ministers concerned.
The producer or distributor may not exonerate itself from its obligations by claiming not to have been aware of risks of which it could not reasonably have been unaware.
When withdrawal or recall measures are implemented, professionals draw up and keep up to date a quantified statement of products withdrawn or recalled, which they keep available for authorised agents.
Without prejudice to the measures for informing consumers and the competent administrative authorities provided for by the regulations in force, professionals who recall products make the declaration in a dematerialised manner on a dedicated website made available to the public by the administration.
In the food and animal feed sector, when withdrawal or recall measures are implemented, producers and distributors draw up and keep up to date a quantified statement of products withdrawn or recalled, which they make available to authorised officials.
Without prejudice to the measures for informing consumers and the competent administrative authorities provided for by the regulations in force, professionals who recall foodstuffs or animal feedstuffs make a declaration in electronic form on a dedicated website made available to the public by the administration.
An order of the ministers concerned, issued after consulting the Commission nationale de l’informatique et des libertés, shall determine the operating conditions of this site, its address, the information to be declared, the nature of the information that is made public, and the procedures for declaring, publishing and updating this information.