Enforcement and administrative fines by NVWA

Published on 11 July 2023 · Last updated 28 October 2026

The Netherlands Food and Consumer Product Safety Authority (NVWA) enforces the Dutch Commodities Act with corrective orders and administrative fines. A fine follows a fixed procedure: a report of the violation, a notice of intent on which you can give your views, and a decision within thirteen weeks of the report (Article 5:53 and 5:51 General Administrative Law Act).

This page is for food and consumer product companies, importers and foreign manufacturers whose products are on the Dutch market and who face an NVWA finding, a notice of intent to fine or an order to take corrective action. It explains the measures available to the NVWA, each step of the fine procedure and the deadlines you must not miss. Received a notice of intent? Ask our product regulation attorneys in the Netherlands to prepare your response.

What enforcement measures can the NVWA take?

The NVWA acts on behalf of the Minister under the Commodities Act (Warenwet). The Minister can impose an order under administrative enforcement, or instead an order subject to a penalty payment, and can impose administrative fines for many Commodities Act violations (Articles 32 and 32a Commodities Act; Article 5:32 Awb).

Measure	What it means	Legal basis
Order subject to a penalty payment (last onder dwangsom)	You must end the violation by a deadline or pay a penalty sum	Article 32 Commodities Act; Article 5:32 Awb
Administrative fine (bestuurlijke boete)	A punitive fine for a violation that has occurred	Article 32a Commodities Act
Order to warn holders of a dangerous product outside the GPSR, such as food	You must inform holders of the danger without delay	Article 21(1) and (4) Commodities Act
Withdrawal or recall order for dangerous consumer products	You must take products off the market or recall them; ignoring the order is a criminal offence	Article 32h Commodities Act

The fine amount follows from an annex to the Commodities Act rules, with a statutory maximum of the sixth category of fines in the Dutch Criminal Code per violation (Article 32a(2)). A fine is not possible, and the case goes to the criminal route, where an intentional or reckless violation causes a direct danger to health or safety, or where the economic gain clearly exceeds the fine (Article 32a(3)). Recalls of food and consumer products are explained on our page on recalls under Dutch law.

How does an NVWA fine procedure work?

It starts with an inspection and a written report, continues with a notice of intent to impose a fine on which you may respond, and ends with a fine decision. Where a fine of more than EUR 340 can be imposed for the violation, a report and the opportunity to give your views are mandatory (Article 5:53 Awb).

Inspection: inspectors may request information and documents, and you must cooperate within a reasonable period (Article 5:20 Awb). If you are questioned with a view to a fine, you do not have to make statements about the violation and must be told so (Article 5:10a Awb).
Report: the NVWA records the violation in a dated report naming the offender, the violation and the provision breached (Article 5:48 Awb).
Notice of intent: you receive the report together with the invitation to give your views (zienswijze) (Article 5:50(1) Awb).
Decision: the NVWA decides within thirteen weeks of the date of the report (Article 5:51 Awb). If it decides not to fine after hearing you, it tells you in writing (Article 5:50(2)).
Payment: a fine must be paid within six weeks of the decision, unless the decision states a later date (Article 4:87 Awb).

What happens on site and what you may refuse is explained on our page on NVWA inspections in the Netherlands.

What should your response to a notice of intent contain?

Your view (zienswijze) is the first and often best chance to avoid or reduce a fine. Respond to the facts in the report, the legal provision cited and the proposed amount, and attach the documents that support your position.

Check whether the report names the right legal entity and the right provision, whether the facts are correctly recorded, and whether samples and test results are documented. On the amount, the NVWA must impose a lower fine if you show that the fixed amount is too high because of special circumstances (Article 5:46(3) Awb). Corrective measures you have already taken, the scale of your business and the absence of earlier violations are relevant facts to present.

Has the NVWA announced a fine or an order? Let a Dutch lawyer draft your view within the deadline set in the letter; arguments raised now shape the rest of the procedure.

How do you object to an NVWA fine or order?

By filing a notice of objection (bezwaar) with the NVWA within six weeks of the decision (Article 6:7 Awb). The NVWA must hear you before deciding and decides within six weeks, or twelve weeks if an advisory committee is involved, with a possible six-week extension (Articles 7:2 and 7:10 Awb).

An objection does not suspend the decision (Article 6:16 Awb). If you need a decision suspended, for example an order to take a product off the market, you can ask the administrative court for interim relief (voorlopige voorziening) (Article 8:81 Awb). After the decision on your objection, you can appeal (beroep) to the administrative court and then lodge a further appeal (hoger beroep). The full objection and appeal route, including the competent courts, is set out on our page on a dispute with the Dutch NVWA.

Can an NVWA case become a criminal case?

Yes. Some Commodities Act violations cannot be settled with an administrative fine and go to the Public Prosecution Service instead, and not complying with a recall order for dangerous consumer products is a criminal offence (Article 32a(3) and Article 32h(2) Commodities Act).

When the NVWA submits a case to the public prosecutor, the thirteen-week period for the fine decision is suspended (Article 5:51(2) Awb), and you are told in writing if the matter goes to the prosecutor after you gave your views (Article 5:50(2)). MAAK does not act in criminal defence; we advise on the administrative and civil side and on the measures that keep a matter within the administrative route.

Practical example: a foreign food supplier and an NVWA fine

Suppose a German supplier of packaged snacks sells in Dutch supermarkets. During an inspection at the Dutch distribution centre, the NVWA finds that the Dutch-language allergen information is missing on one product line and draws up a report.

The supplier receives the report with a notice of intent and a deadline for its view. It shows that the labels were corrected within two days, that the error concerned one batch, and that it has no earlier violations, and asks for a reduced fine under Article 5:46(3) Awb. If the NVWA still imposes the full fine, the supplier files an objection within six weeks (Article 6:7 Awb) and pays or arranges payment within the six-week payment period, because an objection does not by itself suspend the decision (Article 6:16 Awb).

When do you need a Dutch lawyer for NVWA enforcement?

When you receive a notice of intent to fine or an order subject to a penalty, when the NVWA orders a recall or a warning to holders, when the amount at stake or the reputational risk is significant, and when the case could move to the criminal route.

MAAK Advocaten in Amsterdam assists food and consumer product companies, importers and foreign manufacturers in NVWA matters: we assess the report, draft the view, file objections, request interim relief and conduct appeals. Martin Krüger is your contact for product regulation; see our product regulation attorney page and our overview of product compliance in the Netherlands. Food businesses can also read our page for food safety lawyers in the Netherlands.

Frequently asked questions about NVWA enforcement and fines

How long does the NVWA have to decide on a fine?

Thirteen weeks from the date of the report of the violation. The period is suspended while the case is with the public prosecutor (Article 5:51 General Administrative Law Act).

Do I have to answer the NVWA inspector’s questions?

You must cooperate with reasonable requests for information and documents (Article 5:20 Awb). If you are questioned with a view to a fine, you do not have to make statements about the violation and must be told so (Article 5:10a Awb).

What is the maximum NVWA fine under the Commodities Act?

The amount follows from the annex to the fine rules, with a maximum of the sixth category of fines of the Dutch Criminal Code per violation (Article 32a(2) Commodities Act).

Within what period must I object to an NVWA fine?

Six weeks from the decision (Article 6:7 Awb). The objection does not suspend the decision; interim relief can be requested from the court (Articles 6:16 and 8:81 Awb).

When must an NVWA fine be paid?

Within six weeks of the fine decision, unless the decision states a later date (Article 4:87 Awb). An objection does not by itself suspend the decision (Article 6:16 Awb).

Primary sources

Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. Judgments can be found on rechtspraak.nl by their ECLI number. Legal position checked on 28 October 2026.