Dispute with the Dutch NVWA: what should you do?

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The NVWA (Nederlandse Voedsel- en Warenautoriteit) is the Netherlands Food and Consumer Product Safety Authority. If you have a legal dispute with the NVWA about a decision, such as a fine or an order subject to a penalty, you file a signed written objection (bezwaar) with the NVWA within six weeks (Articles 6:7 and 6:8 General Administrative Law Act).

The Netherlands Food and Consumer Product Safety Authority supervises food safety, consumer product safety, animal health and animal welfare. When it imposes a fine or another enforcement measure, or rejects an application, Dutch administrative law gives you specific remedies. You can object if you are an interested party (belanghebbende): a person whose interest is directly affected by the decision (Article 1:2 General Administrative Law Act).

How do you contact the NVWA or report a violation (melding)?

The NVWA lists its contact options on nvwa.nl/contact:

  • Questions: use the contact form on nvwa.nl, or call the customer contact centre on 0900-0388 (Monday to Friday, 08:30-17:00). From abroad, the number is +31 88 223 22 33.
  • Reporting a violation (melding): use the online report forms on nvwa.nl, for example about food safety or animal welfare. The NVWA does not handle reports or complaints sent via social media.
  • Request for enforcement (handhavingsverzoek): you can ask the NVWA to take enforcement action against a possible violation. The NVWA explains on its website how this differs from an ordinary report.
  • Objection to a decision: by email to bezwaarenberoep@nvwa.nl or by post (see below).
  • Complaint about the NVWA itself: via the complaint page.

Which NVWA Decisions Can You Challenge Under Dutch Law?

You may file objections against enforcement decisions including administrative fines and penalty payments, rejections of recognitions and permits, negative inspection decisions, and invoices for supervisory activities conducted by the authority.

Under Dutch law, a decision (besluit) is a written decision of an administrative body containing a public-law legal act (Article 1:3 General Administrative Law Act). A letter that is not a decision, such as an official warning, cannot be challenged by objection. Enforcement decisions are the most common category. The NVWA can impose a fine (bestuurlijke boete, Article 5:40), an order under administrative enforcement (last onder bestuursdwang), where the authority can carry out the measure itself if you do not comply (Article 5:21), or an order subject to a penalty (last onder dwangsom, Article 5:31d). The power to impose them must follow from a specific statute, for example the Commodities Act (Warenwet) for food and consumer products (Articles 32 and 32a Commodities Act). Serious violations can also be dealt with under criminal law; this page covers only the administrative route.

Rejections of applications can also be challenged. Does the NVWA refuse recognition of your slaughterhouse or a permit for trials with veterinary medicines? That refusal is a decision you can object to. The same applies to negative inspection decisions on the import or export of products and animals, decisions to disclose your business information, and NVWA invoices for supervisory work.

How Do You Submit an Objection Letter in the Netherlands?

Send your signed objection letter by email to bezwaarenberoep@nvwa.nl or by post to the NVWA, Divisie Juridische Zaken (Legal Affairs Division), Postbus 43006, 3540 AA Utrecht, the Netherlands. Include the reference number and date of the decision and your reasons for disagreeing (NVWA: how to object).

By law, an objection must be signed and must contain at least your name and address, the date, a description of the decision you object to and the grounds of your objection (Article 6:5(1) General Administrative Law Act). If something is missing, the NVWA may declare the objection inadmissible only after giving you the opportunity to remedy the omission within a set period (Article 6:6). If you object by email, the NVWA asks you to sign the letter by hand and scan it to PDF, or to add a digital signature.

Include with your objection a copy of the decision, documents that support your position and, if someone acts on your behalf, a written power of attorney (the NVWA may require one, Article 2:1(3) General Administrative Law Act). If you object on behalf of a legal entity such as a BV, the NVWA asks for an extract from the Dutch Business Register (Chamber of Commerce) showing that you are a director, or a power of attorney signed by a director.

When Must You Object to an NVWA Decision Under Dutch Law?

The objection period is six weeks (Article 6:7 General Administrative Law Act). It starts on the day after the decision was made known to you, which for a decision addressed to you means the day after it was sent or handed to you (Article 6:8 and Article 3:41). A late objection is in principle declared inadmissible, without any review of the merits.

An objection is on time if the NVWA receives it before the end of the period. If you send it by post, it is also on time if it was posted before the end of the period and arrives no later than one week after the period ends (Article 6:9). A late objection is only accepted if you cannot reasonably be blamed for the delay (Article 6:11); in practice, this is rare. Note the last day for objecting in your calendar as soon as you receive a decision.

Unable to prepare a fully motivated objection letter within six weeks? Submit a provisional objection letter instead. In this document, you indicate your intention to object without immediately providing all grounds. The NVWA subsequently sets an additional deadline for supplementation. Under special circumstances such as illness, you may contact the authority to discuss whether an exception applies to your situation.

What Happens After Submitting Your Objection to the NVWA?

The NVWA in the Netherlands first assesses whether your objection letter meets admissibility requirements. Are you an interested party? Was the objection letter submitted timely? Does it contain the required elements? Following this verification, substantive treatment of your grounds commences.

The NVWA advises calling the case handler named on the first page of the decision; an informal conversation sometimes clarifies or resolves the matter. Before deciding on the objection, the NVWA must give you the opportunity to be heard (Article 7:2 General Administrative Law Act), unless an exception applies, for example if the objection is manifestly inadmissible or you waive the hearing (Article 7:3). The NVWA must decide within six weeks after the objection period ends, or twelve weeks if an advisory committee is involved; it can postpone this by up to six weeks, and further only in the cases of Article 7:10(4), for example with your consent (Article 7:10). An objection does not suspend the decision, unless a statutory provision says otherwise (Article 6:16). If you need it suspended, you can ask the preliminary relief judge of the competent court for an interim measure (voorlopige voorziening) in urgent cases (Article 8:81).

If the NVWA rejects your objection, you can appeal to the administrative court within six weeks (Article 8:1 and 6:7 General Administrative Law Act). Which court is competent depends on the statute on which the decision is based; the decision on your objection must state where and within what period you can appeal (Article 3:45).

For many NVWA decisions, appeals are concentrated at specialised courts. Decisions under the Commodities Act (Warenwet) and the Tobacco and Smoking Products Act go to the Rotterdam District Court; most decisions under the Animals Act (Wet dieren) go directly to the Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, CBb) (Articles 4 and 7, Annex 2 to the General Administrative Law Act). The court fee is currently € 397 if the appellant is not a natural person and € 200 for a natural person (€ 54 for decisions listed in the reduced-fee annex) (Article 8:41(2) General Administrative Law Act).

The court reviews whether the NVWA prepared the decision carefully, gave adequate reasons and acted in accordance with the law. A further appeal against the judgment of the district court lies with the CBb for the statutes listed in chapter 4 of the Annex, including the Commodities Act (Article 11, Annex 2); in other cases, it lies with the Administrative Jurisdiction Division of the Council of State (Article 8:105(1) General Administrative Law Act).

What Distinguishes an Objection from a Complaint Under Dutch Administrative Law?

An objection targets a decision with legal consequences for your enterprise. A complaint concerns the manner in which the NVWA treated you or the conduct of an employee. Dissatisfaction with treatment during an inspection warrants a complaint.

Disagreement with the fine imposed following that same inspection requires an objection.

You file a complaint via the complaint form on the NVWA website. The NVWA aims to handle complaints within six weeks and usually contacts you by telephone first. A complaint cannot change or annul a decision: if you can object or appeal against a decision, the NVWA does not deal with a complaint about that decision.

When Should You Engage a Lawyer for an NVWA Dispute in the Netherlands?

You do not need a lawyer to object or to appeal in Dutch administrative proceedings (Article 8:24 General Administrative Law Act). Legal assistance is worth considering for high fines, a threatened suspension or closure of your business, complex evidence, or repeated enforcement action.

In a fine case where a fine of more than € 340 can be imposed, the NVWA must, unless a statute provides otherwise, draw up a report of the violation and give you the opportunity to submit your view before it decides (Article 5:53). You receive a copy of the report at the latest when the fine is imposed (Article 5:48(3)). If you are questioned with a view to a fine, you are not obliged to make statements about the violation and must be told so beforehand (Article 5:10a). Errors in these steps, in the facts or in the reasons can be raised in the objection.

Legal professionals understand the pitfalls of the objection procedure and know which arguments carry the most weight with the NVWA and the administrative court. Moreover, a lawyer monitors deadlines and ensures your objection letter complies with all formal requirements. This expertise often proves decisive in complex regulatory disputes.

How Can You Prevent Disputes with the NVWA?

Prevention consistently deserves preference over dispute resolution. Maintain an up-to-date food safety plan, train your personnel regularly, and document your compliance with laws and regulations carefully.

During an inspection, you must give the inspector all cooperation that he can reasonably demand, within the reasonable period he sets (Article 5:20(1) General Administrative Law Act). You can ask questions about the findings and keep your own record of what was inspected.

Have you received a notice of intended enforcement? You can then usually submit your view (zienswijze) before the NVWA takes its decision (Article 4:8); for a fine of more than € 340, you always have that opportunity (Article 5:53(3)). Explain why the NVWA should not take the measure, or should take a lighter one, and support this with documents.

Want certainty about your legal position in a dispute with the NVWA? Our specialized lawyers analyze your situation and advise on the optimal strategy to protect your business interests effectively.

What Costs Does an Objection Procedure Entail Under Dutch Law?

The objection procedure at the NVWA carries no charge. Proceeding to the administrative court requires payment of court fees and potential lawyer costs that vary by firm and complexity of the matter.

No fee is charged for dealing with an objection (Article 7:15(1) General Administrative Law Act). The NVWA reimburses the costs you reasonably had to incur only if you request this before it decides on the objection, and only if the decision is revoked because of an unlawfulness attributable to the NVWA (Article 7:15(2) and (3)). In court proceedings, the court can order a party to pay the other party’s costs (Article 8:75).

Choosing legal assistance means costs vary depending on your case complexity. A straightforward objection against an invoice requires fewer hours than defense against an administrative enforcement order threatening business closure. Request a cost estimate from your lawyer beforehand to maintain financial predictability throughout the procedure.

Can the NVWA Disclose Your Business Information?

The NVWA sometimes discloses business information: on its own initiative, for example in published inspection results, or after a request under the Open Government Act (Wet open overheid, Woo). If disclosure concerns information about your business that you did not supply yourself for this purpose and you are expected to have objections, the NVWA must first give you the opportunity to submit your view (Article 4:8 General Administrative Law Act). As a rule, business and manufacturing data that you supplied to the government in confidence are not disclosed under the Woo; different rules apply to environmental information (Article 5.1(1)(c) Woo).

If the NVWA nevertheless decides to disclose, you can object to that decision. Under the Woo, the information is then released only two weeks after the decision was made known, if an interested party is expected to object. If you ask the court for an interim measure within that period, disclosure is suspended until the preliminary relief judge has ruled (Article 4.4(5) Woo and Article 8:81 General Administrative Law Act).

How Do You Withdraw an Objection Letter?

You can withdraw your objection at any time during the objection procedure. Send an email to bezwaarenberoep@nvwa.nl, call your objection handler or write to the NVWA, Divisie Juridische Zaken, Team Bezwaar & Beroep, Postbus 43006, 3540 AA Utrecht. After withdrawal, the procedure ends and the original decision remains in force.

Withdrawal sometimes proves sensible when newly obtained information demonstrates that your objection has little chance of success. Timely withdrawal prevents unnecessary time investment in a procedure that will not yield the desired result. Considering withdrawal? Discuss this first with a legal advisor to fully understand the consequences for your regulatory position.

Contact our law firm for personal legal advice regarding your specific dispute with the NVWA. Our expertise in administrative law and enforcement matters helps you take the right steps to protect your business operations and regulatory standing.

Frequently asked questions about the NVWA and NVWA disputes

What is the NVWA in the Netherlands?

NVWA stands for Nederlandse Voedsel- en Warenautoriteit, the Netherlands Food and Consumer Product Safety Authority. It supervises food safety, consumer product safety, animal health and animal welfare, and can impose fines and other enforcement measures (for food and consumer products, for example, under Articles 32 and 32a Commodities Act).

How do I contact the NVWA?

Use the contact form on nvwa.nl or call 0900-0388 (from abroad +31 88 223 22 33) on working days from 08:30 to 17:00. Objections go by email to bezwaarenberoep@nvwa.nl or by post to the Divisie Juridische Zaken, Postbus 43006, 3540 AA Utrecht.

How do I report a violation to the NVWA (melding)?

Use the online report forms on nvwa.nl, for example for food safety or animal welfare. If you want the NVWA to take enforcement action, you can file a request for enforcement (handhavingsverzoek); if you are an interested party, you can object to a rejection of that request.

What is the deadline for objecting to an NVWA decision?

Six weeks, starting on the day after the decision was sent to you (Articles 6:7 and 6:8 General Administrative Law Act). A late objection is inadmissible unless you cannot reasonably be blamed for the delay (Article 6:11). If you need more time for your reasons, file a provisional objection within the period and add the grounds later.

Which court hears an appeal against an NVWA decision, and what does it cost?

That depends on the statute: for example, the Rotterdam District Court for Commodities Act decisions and, for most Animals Act decisions, directly the CBb (Annex 2 to the General Administrative Law Act). The court fee is € 397 for companies and other non-natural persons and € 200 for natural persons (Article 8:41(2) General Administrative Law Act).

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