Prohibitions and sanctions
The National Supervisory Authority for Welfare and Health (Valvira) may prohibit a licence holder from continuing a business activity referred to in the Alcohol Act if the operations materially violate generally accepted practice and the issues that were the grounds for the suspension have not been addressed or the operations ceased within a reasonable deadline set despite Valvira’s request.
Valvira may order a licence holder to pay a penalty of at least EUR 300 and at most EUR 1,000 if
- production or wholesale activities violate the licence conditions or restrictions;
- the terms of a licence to use alcoholic beverages have been violated in the use of spirits or tax-exempt alcoholic beverages;
- the licence holder has failed to report changes in their activities;
- the licence holder has failed to keep their self-monitoring plan up to date; or
- the licence holder has failed to abide by their duty to notify or submit information despite a request to that effect.
The assessment concerning the amount of the penalty must account for the quality, harmfulness and recurrence of the action. A lower penalty may also be imposed. In certain cases, a penalty will not be imposed and the licence holder will be issued a warning if there is a reason for it.
Valvira may revoke a licence for production, wholesale or use for a fixed period or permanently if the operator, following the issuance of a warning or the imposition of a penalty, continues to violate or neglect their obligations. The decision on the length of a fixed period of revocation will account for the severity of the activity resulting in the revocation and the circumstances in which it occurred.
In accordance with the Food Act, Valvira oversees and performs control of beverages containing an amount of ethyl alcohol that exceeds 2.8 per cent by volume. This means that Valvira acts as the food control authority for alcoholic beverages. Valvira may order an operator to rectify non-compliance when
- food, food premises or food business may present a hazard to human health or is otherwise non-compliant with food legislation; or
- the information provided about food may present a hazard to human health or mislead consumers.
Valvira will order the non-compliance to be corrected either immediately or by a deadline set by Valvira.
Valvira may prohibit the manufacture, internal market trading, export, wholesale and other distribution, serving and other handing over and use in the manufacture of foodstuffs of food (an alcoholic beverage) when the food or the information provided about it or the food premises or the food business carried out there is such that it presents or may present a serious hazard to human health.
Valvira may order an operator to withdraw an alcoholic beverage from the market when the operator fails to comply with the obligation under the Regulation of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety to withdraw from the market food or food contact material that is non-compliant with safety requirements under food legislation.
The control authority may also order food to be withdrawn from the market when the information provided on it is materially non-compliant with food legislation.
The control authority may provide information to the public, at the operator’s expense, on foods that are non-compliant with safety requirements under food legislation when the operator fails to comply with the obligation to inform consumers laid down the Regulation of the European Parliament and of the Council.
Valvira may order a licence holder to pay a penalty of at least EUR 300 and at most EUR 5,000 if the licence holder
- carries out food business in a place of business for which a notification has not been given;
- carries out the marketing of foods in a manner that is non-compliant with food legislation;
- fails to comply with the traceability requirement;
- fails to comply with the own-check requirements; or
- fails to comply with the obligation to notify concerning hazards or food poisoning.
If a licence holder fails to comply with the legislation on organic production, Valvira may issue orders or prohibitions concerning the licence holder or impose a penalty fee.