Did your company receive a non-compliant result following an official FASFC analysis? Since the new Royal Decree of 30 January 2025, your defence no longer relies on a counter-analysis, but on the opinion of a second expert. AMNorman supports you in this process.
What changes under the new Royal Decree?
The Royal Decree of 30 January 2025 (in force since 1 July 2025) harmonises the rules on official sampling and analyses by the FASFC, for food, animal feed, soil improvers and fertilisers. An important change: your right of defence in the event of a non-compliant analysis result no longer relies on a classic counter-analysis, but on the opinion of a second expert, whom you appoint and pay yourself as a company.
What is the role of the second expert?
This second expert must meet a number of conditions relating to education, professional experience and absence of conflicts of interest, as set out in the Royal Decree. They examine the case documents and, where possible, carry out a second analysis on the defence sample. In certain cases (listed in article 7 of the Royal Decree), a second analysis is not permitted and the assessment is limited to the documents. For microbiological analyses, a second analysis is, according to the Scientific Committee, never scientifically relevant, and therefore never possible.
The FASFC ultimately decides itself whether the non-compliant result is adjusted, based on the report of your second expert. Good preparation and a solidly substantiated report are therefore crucial.
How does AMNorman support you?
Our specialist Peter Heyneman follows the FASFC's new rules on sampling and analyses closely, and helps you act quickly and effectively when you receive a non-compliant result:
- An initial assessment of your case and the feasibility of a second analysis (taking into account the exceptions under article 7 and the microbiological exclusion).
- Support in appointing a second expert who meets the conditions of the Royal Decree.
- Support in building a solidly substantiated file for the second expert's report.
- Follow-up of deadlines and communication with the FASFC.
We've already helped several clients get their products released again after a dispute with the FASFC.
AMNorman is not a law firm. We focus on the technical and quality-related substantiation of your defence. We work closely with your lawyer to arrive at a complete, formal legal response.
Why AMNorman?
With more than 20 years of experience in quality management and food safety, our AMNorman experts know the FASFC's workings and the new regulation on sampling and analyses inside out. We think critically and with sound reasoning, so your case rests on the strongest possible foundation.
Frequently asked questions
Can I still request a counter-analysis after a non-compliant FASFC result?
No. Since the Royal Decree of 30 January 2025 (in force since 1 July 2025), your right of defence in the event of a non-compliant analysis result no longer relies on a classic counter-analysis, but on the opinion of a second expert.
Who appoints and pays the second expert?
As a company, you appoint and pay the second expert yourself. The expert must meet the conditions set out in the Royal Decree relating to education, professional experience and absence of conflicts of interest.
Is a second analysis always possible?
No. In certain cases, listed in article 7 of the Royal Decree, a second analysis is not permitted and the assessment is limited to the documents. For microbiological analyses, according to the Scientific Committee a second analysis is never scientifically relevant, and therefore never possible.
Who makes the final decision on the analysis result?
The FASFC itself decides whether the non-compliant result is amended, based on the report of your second expert. Good preparation and a well-substantiated report are therefore crucial.
Which products do these rules apply to?
The Royal Decree harmonises the rules on official sampling and analyses by the FASFC for food, animal feed, soil improvers and fertilisers.
Further reading in our knowledge centre
Cases
Thanks to AMNorman, our batch was released
Following a non-compliant FASFC analysis result, a full batch of pesticides was blocked. AMNorman supported us throughout the defence analysis, the expert report and communication with the FASFC.
The new analysis confirmed that our product was compliant and that the original result was due to insufficient homogenisation of the sample. The full batch was then released again.
Edouard Mahieu, Managing Director Eurofyto
