Introduction: Food law enforcement in Belgium
In Belgium, the Federal Food Chain Safety Agency (AFSCA) is the competent authority responsible for overseeing the proper implementation of EU and Belgian food laws. Its executive powers are set out in the Royal Decree of February 22, 2001, organizing the administration carried out by AFSCA.
Under the previous system, AFSCA identified non-conformities or violations of EU and/or Belgian food law, after which the responsible inspector prepared a report (the process was oral) and suggest Administrative fines are imposed on offenders, possibly among other penalties.
After such a “verbal process”, the offending food business could either agree to pay the fine or refuse.
If the offender agrees to pay the fine, the matter is considered closed without further criminal prosecution. The proposed fine payment will be considered an administrative settlement and the amount will generally be less than an administrative fine. However, payment of administrative fees is not legally compulsory under any circumstances.
If the violator refuses to pay the proposed fine, the matter will be referred to the prosecutor for possible criminal prosecution. However, very few prosecutions were ever brought, and due to the backlog and workload of the prosecutor’s office, these cases were regularly dropped.
Under this system, it was difficult for food businesses to understand the timeliness and predictability of prosecutions. Furthermore, only a limited number of violations/nonconformity findings were actually enforced and sanctioned by AFSCA.
Stricter enforcement regime from January 1, 2024
The Law of April 7, 2023 amended the Royal Decree of February 22, 2001 and introduced changes to the enforcement regime mentioned above, with the aim of making the previous administrative fines procedure more effective. . These changes will reorganize the procedure, severity and enforcement of penalties imposed on food businesses found to be in violation of food laws. As explained in more detail below, infringements may first result in criminal prosecution and, in the absence of criminal prosecution, either an administrative settlement or an administrative fine.
The steps under the new regime, which came into effect on January 1, 2024, are as follows:
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If a violation of food law is identified, AFSCA will continue to issue an official report. However, a copy of this report will first be shared with the competent prosecutor.
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Within 30 days of receiving a copy, the prosecutor can decide to file criminal charges against the offender. If the prosecutor decides not to file criminal charges or responds after the deadline, the case will be referred back to AFSCA.
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If the case is referred back to AFSCA, AFSCA may decide to offer the violator an administrative settlement, as it did under the previous regime, after investigation by AFSCA’s legal arm. The Royal Decree of February 22, 2001 stipulates that the amount of an administrative settlement shall not be less than one-fourth of the minimum amount established by the law applicable to the infringement and 80% of the maximum amount established. It specifies that it cannot exceed %.
AFSCA will offer this administrative settlement within 60 days of the date of the initial report, and the violator must pay the proposed amount within 30 days of receipt of the administrative settlement. It is important to note that administrative settlement fines will not be proposed if there is a significant risk to public health, animal health or plant health.
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If the violator refuses to pay the proposed settlement, or if there is a significant risk, AFSCA will give the violator an opportunity to state his case and then decide whether to impose an administrative fine for the violation. Decide. Administrative decisions. If an administrative fine is imposed, he will be required to pay the fine within 60 days from notification of the decision.
The Royal Decree specifically provides that the amount of this administrative fine shall not be less than half of the minimum criminal fine established for the violated law and shall not exceed the maximum amount. Therefore, administrative fines tend to be higher than administrative settlements for specific crimes.
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If payment of an administrative fine is refused, AFSCA will be able to enforce this decision and seek recovery of the fine by bailiffs.
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Violators who wish to challenge AFSCA’s decision must file an appeal with the trial court within 60 days after the decision is sent. This appeal has a staying effect.
Looking to the future
The Belgian Federal Agency for Food Chain Safety is generally known as an active food inspection agency. With increased powers to impose and enforce fines, food businesses operating in Belgium need to be vigilant and ensure compliance with applicable EU and Belgian food laws. In this regard, it is essential to understand the Belgian legal system and procedures.