Product liability
- Illness or injury to consumers
- Allergens and labelling errors
- Spoilage of your customer's batch
- The cost of defence and expert reports
AVB · product liability · allergens
Liability insurance for the food industry
In the food industry the emphasis lies on the product: one wrong label or one contaminated batch affects thousands of customers at once. Public and employers' liability insurance covers the loss from that, but not every consequence.
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Deze pagina in het Nederlands: Aansprakelijkheidsverzekering voor de voedingsindustrie.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Public and employers' liability insurance (AVB) covers legal liability for injury to people and damage to property that your business causes to third parties. For producers, processors and traders in food, most of it sits in the section for goods supplied: consumers who fall ill, an allergen missing from the label, a foreign object in a consignment, or a raw material that makes your customer's entire production unusable.
Liability follows not only from tort under Article 6:162 of the Dutch Civil Code, but above all from the strict liability in Article 6:185 of the Dutch Civil Code: the producer is liable for damage caused by a defect in its product, even without fault. The importer within the EU and anyone who puts their brand on the packaging also count as the producer. Under Article 6:191 DCC the claim becomes time-barred three years after the injured party becomes aware of it and the right lapses ten years after the product was placed on the market.
Also, the employers' liability weighs heavily in this sector. Cutting machines, conveyor belts, cold stores with ammonia, wet floors and many agency workers: Article 7:658 of the Dutch Civil Code places the burden of proof on you and subsection 4 makes that duty of care apply to hired-in workers as well. What the AVB does not cover is pure financial loss arising from advice or recipe development. For that you need a professional indemnity insurance needed.
What does the AVB cover in the food industry?
The cover consists of product liability, liability at your own premises and your duty towards staff.
Injury and property damage
Damage to visitors, drivers and third parties' property on your site.
- Drivers during loading and unloading
- Damage to lorries or pallets
- Damage to rented premises
- Including during installation at the customer
Employers' liability
Claims by your own and hired-in staff after an accident or exposure.
- Duty of care under Article 7:658 of the Dutch Civil Code
- Machines, knives and forklift trucks
- Agency workers and seasonal workers
- Traffic damage falls outside this
What is covered
| Situation | Basic | Extended |
|---|---|---|
| A consumer falls ill from your product | Yes | Yes |
| An agency worker is injured on a machine | Yes | Yes |
| Your raw material spoils the customer's final production | Provided that | Yes |
| Replacing or crediting your own consignment | No | No |
| The cost of a recall from the shelves | No | Provided that |
| A fine from the NVWA (the Dutch food safety authority) after an inspection | No | No |
Which sections are included and which limits, excesses and territorial restrictions apply is set out in the policy conditions and on the insurance card (verzekeringskaart) you receive before taking out the policy.
Where things go wrong in practice
Four points that make the difference in this sector between a payout and a rejection.
A recall costs more than the claim, and is not covered as standard
As soon as a batch is suspect, the recall starts: informing distribution centres, clearing shelves, destroying stock, producing again and communicating. Those recall costs fall outside a standard AVB outside the cover, because no third party has yet suffered damage. Only with separate recall or contamination cover is this insured, and then with its own limit and excess. Ask about it expressly when requesting a quotation.
The product itself remains for your account
The insurer pays for the damage your product causes, not for the product itself. If you supply a contaminated raw material, your customer's spoiled final production is in principle covered, but the value of your own raw material and the credit note are not. That is non-performance within the meaning of Article 6:74 of the Dutch Civil Code and belongs in your terms and in your costings. So make sure your terms of supply say something about it.
What else is not included
Excluded are, among others: fines and penalty payments from the NVWA or a foreign regulator, intent and wilful recklessness under Article 7:952 of the Dutch Civil Code, pure financial loss without injury or property damage, and liability you carry only because of a a guarantee or indemnity in the contract with a retailer. Also deliberate product tampering by third parties, gradual environmental contamination and supply to the The United States and Canada are excluded as standard or insurable only under a separate clause.
Traceability determines how large your loss becomes
In a contamination the question is not whether you are liable, but how many batches you have to recall. Anyone who can trace, for each batch, which raw material, which line and which customer was involved limits the loss to a fraction. Without those records, everything becomes suspect. Notify in good time too: Article 7:941 of the Dutch Civil Code requires you to notify as soon as you know of the event, so as early as the first consumer complaints.
What does your premium depend on?
- Turnover: the usual basis for calculation
- Product group: fresh produce, meat and dairy weigh more heavily
- Position in the chain: producer, processor or trader
- Sales area: export increases the risk
- Number of employees: including agency and seasonal workers
- Quality system. HACCP, audits and traceability
Insurers weigh these details differently. That is where your saving is.
How we arrange it
- You request a quoteWe take stock of your situation, risk and wishes.
- We compareseveral insurers, on premium as well as conditions.
- You receive a proposalWith an explanation of the differences and the exclusions.
- We arrange the switchIncluding cancellation, so there is no gap in cover.
9.5New policy
9.8Claims handling
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
Frequently asked questions
This is what people ask us most.
Is a recall insured?
Not under the standard cover. As long as no third party has suffered injury or property damage, the costs are preventive and fall outside the AVB. Insurers offer recall and product contamination as separate cover, often with its own limit, a waiting period and strict conditions on how you carry the action out. Discuss this when you apply.
I only import. Am I liable too?
Yes. Article 6:185 DCC treats the importer within the European Union as the producer, as it does anyone who puts their name or brand on the packaging. Consumers do not have to pursue the manufacturer outside the EU. You are the point of contact. For food importers this cover is therefore just as important as it is for producers.
Does the policy cover loss caused by a missing allergen statement?
If a consumer is injured as a result, that is an injury claim and in principle covered under the product section. What is not covered is the cost of relabelling, recalling the batch and the regulator's fine. Pure financial loss suffered by your customer without injury or spoilage also stays outside the cover.
What if a retailer imposes more on me contractually?
The AVB covers your liability in law. If you accept guarantees, penalty clauses or indemnities in a supply contract that go beyond the law, that excess falls outside the cover. So have the liability clause of large customers compared with your policy conditions before signing, so that you know which part stays for your own account.
Are agency workers covered by my policy?
For their own injuries, usually yes: Article 7:658(4) DCC extends your duty of care to everyone working on your instructions, even if they are employed by an agency. Declare the numbers when you apply, because they help determine the premium. Also record instructions, inspections and protective equipment; that is your only defence when a claim comes.
Read more
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How far does your product risk reach?
Request a quotation without obligation. We assess the product section, recall cover and the territorial scope at each insurer.
Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.
About our service
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.
This page was written and checked by an adviser at Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.