Article 9Action in the case of non-compliance
1.When the competent authority identifies non-compliance with the Regulations referred to in Article 4(2)(a) and (b), it shall take action to ensure that the food business operator remedies the situation. When deciding which action to take, the competent authority shall take account of the nature of the non-compliance and the food business operator's past record with regard to non-compliance.
2.Such action shall include, where appropriate, the following measures:
(a)the imposition of sanitation procedures or any other corrective action deemed necessary to ensure the safety of products of animal origin or compliance with the relevant legal requirements;
(b)the restriction or prohibition of the placing on the market, import or export of products of animal origin;
(c)monitoring or, if necessary, ordering the recall, withdrawal and/or destruction of products of animal origin;
(d)authorisation to use products of animal origin for purposes other than those for which they were originally intended;
(e)the suspension of operations or closure of all or part of the food business concerned for an appropriate period of time;
(f)the suspension or withdrawal of the establishment's approval;
(g)in the case of consignments from third countries, seizure followed by destruction or re-dispatch;
(h)any other measure that the competent authority deems appropriate.
3.The competent authority shall provide the food business operator concerned, or a representative, with:
(a)written notification of its decision concerning the action to be taken in accordance with paragraph 1, together with the reasons for the decision; and
(b)information on rights of appeal against such decisions and of the applicable procedure and time limits.
Where appropriate, the competent authority shall also notify the competent authority of the Member State of dispatch of its decision.