Verification of Continued Market Availability Despite Retrieval Advice
- Monitoring reports by BFAD Food and Drug Regulation Officers (FDROs) confirmed that despite advisories to the manufacturer for product retrieval, stocks of Lilyas Peanut Butter remained available in the market.
- This situation posed ongoing risk to consumer health and safety.
Directive for Confiscation and Condemnation of Stocks
- All FDROs are instructed to confiscate all available Lilyas Peanut Butter stocks found in the market.
- Confiscation must be followed by condemnation of the confiscated products.
- The condemnation must be conducted in the presence of a representative of the outlet where the product was collected to ensure transparency.
Reporting and Compliance Procedures
- FDROs shall report the results of confiscation and condemnation to the Legal, Information and Compliance Division.
- Reporting is conducted through the Regional Directors, ensuring proper administrative chain and regulatory oversight.
Underlying Legal and Consumer Protection Principles
- The memorandum emphasizes the protection of consumer health by enforcing regulatory limits on aflatoxin contamination.
- It demonstrates the regulatory authority’s exercise of power to remove hazardous food products from the market.
- The procedure balances enforcement with procedural fairness by involving outlet representatives during condemnation.
Authority and Effectivity
- The memorandum was issued by the Director of BFAD, Dr. Quintin L. Kintanar, conferring official legal weight to its mandates.
- The directive took effect on November 3, 1992, signifying immediate application to all concerned enforcement officers and entities.