The failure of an operator to implement the withdrawal or recall procedures provided for in Articles 19 or 20 of Regulation No 178/2002 of the European Parliament and of the Council 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, when he is aware that a product or foodstuff, other than a product of animal origin or a foodstuff containing products of animal origin, which he has imported, produced or processed is harmful to human health or that a foodstuff for animals other than a foodstuff for animals of animal origin or containing products of animal origin which he has imported, produced or processed is dangerous, shall be punished by five years’ imprisonment and a fine of 600,000 euros.
This amount may be increased, in a manner proportionate to the benefits derived from the offence, to 10% of average annual turnover, calculated on the last three annual turnover figures known on the date of the offence.