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Reconciling Food Law to Competitiveness

  • Reconciling Food Law to Competitiveness

Reconciling Food Law to Competitiveness

Bernd van der Meulen

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£28.00
Author: Bernd van der Meulen

About The Book

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.

Additional Information

Author Bernd van der Meulen
Availability In Print
Dimensions Unknown
Extent 136pp
ISBN 9789086860982
Publication date 2009
Book Type Softcover

Contents

Foreword

About the authors

  • Acknowledgement

Key findings

1. Introduction

  • 1.1 Background
  • 1.2 Problem statement
  • 1.3 Aim of report
  • 1.4 Research framework
  • 1.4.1 Methodology
  • 1.4.2 Data for desk research
  • 1.4.3 Empirical data
  • 1.4.4 Data processing
  • 1.5 Overview

2. Competitiveness and food law

  • 2.1 Introduction
  • 2.2 Competitiveness in the EC Treaty
  • 2.3 Objectives of food law
  • 2.4 Industry interests
  • 2.5 Concluding remarks on competitiveness in EU food law

3. Accessibility of food law

  • 3.1 Awareness
  • 3.2 Consolidation
  • 3.3 Controls & businesses
  • 3.4 Self-regulation
  • 3.5 Organisation
  • 3.6 Conclusion on accessibility of EU food law

4. Premarket approval schemes

  • 4.1 The first food competitiveness study on premarket approval
  • 4.2 Quantity
  • 4.3 Proliferation of positive list requirements
  • 4.4 Coming legislation
  • 4.5 Procedures and consequences
  • 4.6 Criteria
  • 4.7 Case study novel foods
  • 4.7.1 Introduction
  • 4.7.2 Background
  • 4.7.3 Novelty
  • 4.7.4 Dossier analysis
  • 4.7.5 Enforcement
  • 4.7.6 Business strategies
  • 4.7.7 Stacked risk assessments
  • 4.7.8 Consequences
  • 4.7.9 Legislative proposals
  • 4.7.10 Concluding remarks

5. Food safety targets

6. Food handling and controls

  • 6.1 General
  • 6.2 Flexibility
  • 6.3 Record keeping
  • 6.4 Inspection costs
  • 6.5 Concluding remarks

7. Labelling

  • 7.1 Current situation
  • 7.2 Proposal for a new regulation
  • 7.3 Stability
  • 7.4 Consolidation
  • 7.5 Further proliferation
  • 7.6 Stakeholders? views in short

8. Supportive schemes

  • 8.1 Problem statement
  • 8.2 Definition of terms
  • 8.3 Theoretical background
  • 8.3.1 Rules of origin
  • 8.3.2 Origin marking
  • 8.4 Current and coming EU ORs
  • 8.4.1 General
  • 8.4.2 Food
  • 8.4.3 EU Labelling Proposal
  • 8.5 EU case law on national ORs
  • 8.6 Co-labelling
  • 8.6.1 Concept
  • 8.6.2 Elements in current legislation
  • 8.6.3 WOK
  • 8.6.4 Co-labelling
  • 8.7 An additional protected designation?
  • 8.8 Benefits and risks
  • 8.8.1 Benefits
  • 8.8.2 Risks
  • 8.9 Concluding remarks

9. Good administrative practices

10. Conclusions

  • 10.1 Food law and competitiveness
  • 10.2 Premarket approval schemes
  • 10.3 Food safety objectives
  • 10.4 Food hygiene
  • 10.5 Food labelling
  • 10.6 Country of origin labelling
  • 10.7 Co-labelling

11. Recommendations

  • 11.1 For the legislature
  • 11.2 For administrative authorities

Annexes

  • Annex 1 Private regulation in the Dutch dairy chain
  • Annex 2 Novel foods dossier analysis
  • Annex 3 Abbreviations

References

Index

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