Regulation on Official Controls of Food and Feed

The Regulation on Official Controls of Food and Feed, published in Official Gazette No. 28145 of 17 December 2011, sets the procedures for official controls aimed at preventing, eliminating or reducing to acceptable levels the risks to humans and animals, whether directly or through the environment, and at protecting consumer interests and preventing unfair competition (Article 1). It is based on Article 31 of Law No. 5996 (Article 3), is administered by the Ministry of Agriculture and Forestry, and was most recently amended in the Official Gazette No. 32894 of 8 May 2025.

What does the Regulation cover?

The Regulation covers official controls, traceability, the rapid alert system, emergencies, precautionary measures, crisis management, informing the public, official certification, national control plans, responsibilities and objections (Article 2). Controls verifying compliance with common market organisation rules for agricultural products are outside its scope. Official controls are risk-based and, except where prior notice is needed, such as for audits, are carried out without notifying the operator (Article 5).

How are sampling and objections handled?

Sampling and analysis follow the Turkish Food Codex and the relevant sampling and laboratory regulations, and no payment is made for samples taken for analysis (Article 12(1)). As a rule two sets of samples are taken: the first is analysed in a laboratory designated by the Ministry, and the second is kept as a reference sample at the provincial or district directorate; at the operator’s request a third set is left with it. The operator may object to the analysis report within seven days of notification at the latest, and the result of the reference sample is final (Article 12(2) and (4)). For foods with less than seven days of remaining shelf life and where the sample quantity is insufficient, one set is taken and the result cannot be objected to.

If physical examination shows that a product is unfit for consumption or has lost its character as food or feed, this is recorded in a report, no sample is taken and legal action is taken directly (Article 12(6)).

Which measures are taken on non-compliant food and feed?

Domestically, an operator that considers a product does not meet food and feed safety requirements must immediately start the process of collecting it, inform the Ministry’s provincial or district directorate and, where needed, call on consumers or users to return it (Article 40(2)). In case of a serious risk the Ministry may take administrative measures restricting or prohibiting placing on the market, use and entry into the country, and the operator must comply (Article 30(3)). Where scientific uncertainty exists, precautionary measures such as temporarily halting production, preventing supply and consumption and collecting products are also possible (Article 14(5)).

On imports, the Ministry detains non-compliant food and feed and informs the operator; it may decide on destruction, special treatment, re-dispatch or use for a purpose other than the intended one. If the product has already been placed on the market, it first traces the product and, where necessary, decides on withdrawal, including a call on consumers to return it (Article 20(1)).

What does it mean for destruction and costs?

Destruction appears in several contexts in the Regulation. For imports, destruction, special treatment and re-dispatch are alternative measures; for re-dispatch, a maximum of sixty days is allowed after the destination is determined, and if the delay is not justified by a proper reason, the product is destroyed (Article 22(2)). Products exported and then returned that cannot be dealt with in any other way are destroyed by the operator under Ministry supervision (Article 29(ç)).

Costs arising from the Ministry’s application of these measures are borne by the food or feed business operator responsible for the consignment or its legal representative (Article 23). In cases of food poisoning or suspected poisoning, all costs, including sample examination and analysis fees, are borne by the persons responsible for the activity, and the costs of additional controls beyond normal control activities are borne by the owner or the person holding the product (Article 41). The Regulation does not detail the technical method of destruction or its management as waste; the method to be applied is determined under Ministry supervision.

How do traceability and public information work?

Food and feed business operators set up a system to trace the product, any substances to be added and the animal from which the food derives at all stages of production, processing and distribution; they keep traceability documents for three months after the end of the product’s shelf life and review and record the system at least once a year (Article 39). The rapid alert system is set up by the Ministry for the notification of direct or indirect risks, and its national contact point is the General Directorate of Food and Control (Article 30).

The Ministry announces on its official website the name, product name, brand and batch or serial number of firms that produce or import products confirmed by laboratory results to be counterfeit or adulterated, and follows the same route for food spoiled or altered in a way that endangers the life and health of persons (Article 8). The 8 May 2025 amendment added definitions concerning the QR code and the food business QR code (Article 4).