S.L. 437.90 Art. 9Failure to comply with rules.

(1) If while carrying out the controls referred to in rule 8, the competent authorities ascertain that failure to comply with the provisions of rule 3 or, where appropriate, any provisions laid down pursuant to rule 4 might result in risks to the safety or wholesomeness of foodstuffs, they shall take appropriate measures which may extend to the withdrawal and, or the destruction of the foodstuff or to the closure of all or part of the undertaking for an appropriate period of time. In determining the risk to food safety or wholesomeness regard shall be had to the nature of the food, the manner in which it is handled and packed and any process to which the food is subjected before supply to the consumer and the conditions under which it is displayed and, or stored.

(2) Member States shall take the necessary measures to ensure that any natural or legal person affected by the control has a right of appeal against the measures taken by the competent authority following the control.