Reconciling food law to competitiveness PDF Download

Author: Bernd van der Meulen
Publisher: BRILL
ISBN: 9086866794
Category : Law
Languages : en
Pages : 136

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Book Description
The food sector is the third most regulated industry in the EU. It is the most important production sector, but its competitiveness and innovativeness are under pressure. This book reports on a legal research into the question if there is a connection between the sector’s declining innovativeness and competitiveness on the one hand and the increasing regulatory burden on the other hand. The aim is to indicate opportunities to remove avoidable obstacles for the food industry in general and small and medium enterprises in particular. The book brings to light several shortcomings in the regulatory framework and makes concrete recommendations for simplifying and improving EU food legislation. The findings are based on fundamental legal analyses. They are combined with the following three empirical case studies: -premarket approval schemes, for novel foods in particular; -the application of the EU food hygiene package in the dairy sector in selected regions in Italy and France; and -private standards in the Dutch dairy sector. The book shows that compliance by the EU legislator and authorities with EU food law principles and requirements is key to improving the position of food businesses.

Author: Altinay Urazbaeva
Publisher: BRILL
ISBN: 9086868851
Category : Law
Languages : en
Pages : 473

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Book Description
Two worlds that in academia remain largely separated are brought together in this book in a unique way; the world of food safety law and the world of the right to food. Key features include: (1) an up to date reflection of the status quo on food law related research written by those who are at the forefront of research in the functional field of food law; (2) a collection of contributions from all continents of the world; and (3) covering human rights, international law, European law and non-European law dimensions. This book is written as a Liber Amicorum in honour of Professor Bernd van der Meulen, who was the Chair of Law and Governance at Wageningen University (2001-2018), and established food law as an academic discipline in the Netherlands. In 29 contributions the functional field of food law is discussed. The contributors are researchers and academics from around the globe, and are above all friends who have worked with Bernd during his time at Wageningen University. In this book, they share their latest insights, research and thoughts on this fascinating and highly relevant field.

Author: Bernd van der Meulen
Publisher: BRILL
ISBN: 9086867308
Category : Law
Languages : en
Pages : 435

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Book Description
Since the turn of the Millennium, world-wide initiatives from the private sector have turned the regulatory environment for food businesses upside down. For the first time in legal literature this book analyses private law initiatives relating to the food chain, often referred to as private (voluntary) standards or schemes. Private standards are used to remedy flaws in legislation, in order to reach higher levels of consumer protection than the ones chosen by the EU legislature and to manage risks and liability beyond the traditional limits of food businesses. We see that litigation is no longer solely framed by legislative requirements, but ever more by private standards such as GlobalGAP, BRC, IFS, SQF and ISO. These private standards incorporate public law requirements thus embedding them in contractual relations and exporting them beyond the jurisdiction of public legislators. Other standards focus on corporate social responsibility or sustainability. This book also addresses how private religious standards such as Kosher and Halal play a role in defining specific markets of growing importance. It is noted that organic standards have found an interesting symbioses with public law. Another development on this topic is that food businesses are inspected more often by private auditors than by public inspectors. Effects in terms of receiving or being denied certification far outweigh public law sanctions. In short private law has changed an entire legal infrastructure for the food sector. It emerges as competing with the public law regulatory infrastructure. This book is of interest to all who concern themselves with food law legislation and litigation and the evolving role of private standards on changing the landscape of food chains and innovation.

Author: Anna Szajkowska
Publisher: BRILL
ISBN: 9086867502
Category : Law
Languages : en
Pages : 155

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Book Description
Animal cloning, nanotechnology, and genetic modifications are all examples of recent controversies around food regulation where scientific evidence occupies a central position. This book provides a fresh perspective on EU scientific food safety governance by offering a legal insight into risk analysis and the precautionary principle, positioned as general principles of EU food law. To explain what the science-based requirement means in EU multi-level governance, this book places these principles in the legislative dynamics of the EU internal market and the meta-framework of the international trade regime established by the WTO. Numerous examples of the case-law of European Courts show implications of risk analysis and science-based food law for EU and national decision makers, as well as food businesses. This book focuses on the crucial aspects of the risk analysis methodology. It redefines the precautionary principle and clarifies its scope of application. It analyses the extent to which non-scientific factors, such as consumers' risk perception, local traditions or ethical considerations, can be taken into account at national and EU level. This book argues that, compared to EU institutions, the autonomy allocated to national authorities is much more limited, which raises questions about the legitimacy of food safety governance in the EU.

Author: Vicente Rodríguez Fuentes
Publisher: BRILL
ISBN: 9086868010
Category : Law
Languages : en
Pages : 192

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Book Description
The differences between agricultural law and food law are becoming progressively blurred. This is only natural because both intend to control that food products placed in the market are safe and respond to a certain standard of quality. In their present form, both are relatively new legal disciplines, evolving and expanding very rapidly and a great number of new and transcendental regulations (and an increasing number of compulsory private rules) are being enacted to respond to new realities. One of these new realities is the legal protection of quality in food. Once almost exclusively applied to a limited number of traditional well-known products and now extended to many products covered by designations of origin or geographical indications. Another area is food safety, a major concern of the legislator. Food alerts, recalls and withdrawals have been carefully regulated to guarantee a rapid and efficient reaction, but these legal mechanisms appear to be less well-designed when dealing with the unwanted consequences of unjustified alerts. A third topic is food prices and trading conditions, an area that cannot always be completely left to unregulated market-forces due to the special nature of the product involved. The above issues are analysed by several experts from different legal backgrounds and countries, a varied approach adequate to the hybrid nature of food law.

Author: Alberto Alemanno
Publisher: Routledge
ISBN: 1317133684
Category : Law
Languages : en
Pages : 414

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Book Description
This volume presents the viewpoints of academics, food lawyers, industry and consumer representatives as well as those of EU policymakers on the first ten years of activity of one of the most prominent European agencies. Its broader purpose, however, is to discuss the future role played by EFSA within the rapidly-evolving area of EU food law and policy. By revisiting and discussing the milestones in the history of EFSA, the collection provides forward-looking views of food leaders and practitioners on the future scientific and regulatory challenges facing the European Union. In particular, by presenting a critical assessment of the agency’s activities within its different areas of work, the book offers readers a set of innovative tools for evaluating policy recommendations and better equips experts and the public to address pressing regulatory issues in this emotive area of law and policy. Despite its celebratory mood, the book’s focus is more about the future than the past of EU food law and policy. Each chapter discusses how EFSA’s role has evolved and identifies what it should have done differently while presenting an overall assessment of how the agency has discharged its mandate.

Author: Bart Wernaart
Publisher: BRILL
ISBN: 908686791X
Category : Law
Languages : en
Pages : 470

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Book Description
While the right to adequate food is often discussed in the context of developing countries, especially in situations where access to adequate food is a problem on a larger scale, this book focusses on the right to food in two Western countries in which theoretically the circumstances allow this right to be enjoyed by each individual. Through a legal comparative study, the enforceability of the right to food is compared between the Netherlands and Belgium in light of the current UN Human Rights system. There seems to be a difference between what the countries do, what they say they do, and what they should do on the matter. As it appears, the coincidental constitutional circumstances mainly determine the enforceability of the right to food, rather than the content of the human right in itself. This book includes a thorough analysis of suitable comparative legal methodology and the embedment of the right to food in the UN human right system. Furthermore, for both countries, an in-depth analysis of the case law on the right to food (mostly concerning the status of foreigners), the constitutional context in which the Judiciary operates, and the relevant UN reports and subsequent procedures are outlined. Finally, recommendations are made to both countries and the relevant UN Committees.

Author: Irene Hadiprayitno
Publisher: BRILL
ISBN: 9086867138
Category : Law
Languages : en
Pages : 384

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Book Description
With only five years left until the 2015 deadline to achieve the Millennium Development Goals, food security still is a dream rather than reality: 'a situation that exists when all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life'. Political commitments at world summits on food security, market-based agricultural policies, science-based food safety regulation and voluntary guidelines on the right to food have not ended hunger, malnourishment or food safety crises in our world. The question arises whether food insecurity is a situation that exists in spite of these commitments and legal measures, or rather due to them? This book has three purposes. Firstly, it offers insights in how law, politics and the right to food contribute to food security in both positive and negative ways. For this purpose, different theories, concepts and methodologies from legal, political, anthropological and sociological sciences are used and developed. Secondly, the book explains that food security and food policies cannot be treated as given, at one level or in one domain only. This is done in different ways: by pointing out the emergence of new paradigms on food security, human rights and science that shape food policies; by showing how law and policies at one level affect food security at another level; and by treating food security and food policies as linked to governance regimes of agriculture, food, feed, water or property. Finally, the book offers scholarly analysis of paradigms and practices but also presents social science-based ways to indirectly contribute to food security, varying from improving justiciability to building trust, from seeking ways to address non-scientific concerns to creating room for plurality of lifestyles and norms, from unmasking dominant discourse to understanding or strengthening abilities or arrangements to cope with vulnerability.

Author: Bernd van der Meulen
Publisher: Academic Press
ISBN: 0124202144
Category : Technology & Engineering
Languages : en
Pages : 124

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Book Description
Food which nanotechnology has impacted or to which nanotechnology is applied is referred to as nanofood. From treatment of the soil in which a crop plant is grown to the caring of a food, nanotechnology is a growing factor in the food supply. At this point, however, there is no definitive, effective global method for regulating the use of nanotechnology as it relates to the food suply. Legislation on nanotechnologies is still evolving, as is understanding what data is needed for effective, efficient and appropriate risk assessment associated with nanotechnology impacted foods. Due to the emerging nature of nanotechnology and its role in the food supply, case-by-case studies are the current norm, but the need for wide-scale testing and broad-based regulatory standards is urgent. This project is based on an EFFoST study designed to provide a comparative study of nanofood regulations in order to guide regulation development in this rapidly expanding market. - Provides comparative study of nanofood regulations in order to guide regulation development in this rapidly expanding market - Includes both case-by-case examples and more broad-based insights - Provides models for regulation specifically for regulating nanotechnology as applied to food

Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
ISBN: 1802208038
Category : Law
Languages : en
Pages : 581

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Book Description
This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.