Food Law: European, Domestic and International Frameworks

by Caoimhín MacMaoláin

Overview

This book provides a broad conspectus on the application of EU and international regulation of the food sector on English law. It is aimed at practitioners and students of this vital and emerging branch of law, which has become an important part of current political and legal debate. It is written not just for lawyers as a statement of current law, but is also aimed at all those involved or interested in the food industry who wish to familiarise themselves with how the law is applied practically in this jurisdiction.
The book commences with a short conceptual framework for the study of food law. It then provides a comprehensive and up-to-date account of current English law, explaining fully the detailed processes by which both international and national law and EU decision making have impacted upon most aspects of the production, sale and consumption of food in England.
The book explains and assesses the operation of the current law by describing in detail the roles of Government, the Food Standards Agency and local enforcement authorities in the making and enforcing of laws concerning food.
The work contains full outlines of the developments in the most significant areas of food law. It concentrates specifically on topics such as food labelling and advertising, quality and compositional requirements, geographical food names, genetic modification, organic production, animal welfare and also the role of law in tackling poor health, obesity, and diet-related disease.
The book, though primarily designed as a law text, goes beyond the usual confines of such works. It sets out to explain and describe the impact of successive food crises, such as BSE and the use of horsemeat in beef products, on food safety and transparency requirements. The book considers and assesses how the existing rules on the chemical and biological safety of food impact on our law, and concludes with a review of the developing legal issues concerning the environmental impacts of current and proposed food law, in particular the relationship between food law, climate change and food security.

Product Details

ISBN-13:	9781849466707
Publisher:	Bloomsbury Academic
Publication date:	03/26/2015
Pages:	344
Product dimensions:	6.14(w) x 9.21(h) x 0.72(d)

About the Author

Caoimhín MacMaoláin is an Assistant Professor of Law at Trinity College, Dublin.

Table of Contents

Table of Cases xiii

Table of Legislation xvii

1 History and Development of Food Law 1

1.1 Introduction 1

1.2 History of Food Laws 3

1.2.1 Aspects of Early Food Law 3

1.2.2 Sale of Food and Drugs Act 1875 6

1.2.3 Food and Drugs Act 1955 7

1.2.4 Food Act 1984 8

1.3 European Integration 10

1.3.1 Supremacy of European Union Food Law 10

Significance of 'Metric Martyrs' 12

1.3.2 Free Movement and Food Law 13

1.4 Conclusion 14

2 Domestic, European Union and International Food Law 17

2.1 Introduction 17

2.2 TFEU Obligations 18

2.2.1 Role of the Commission 20

Directorate-General for Health and Consumers 21

Creating Ordinary Legislation 22

Comitology 24

Advisory Group on the Food Chain 26

Enforcement Actions 26

2.2.2 European Union Courts and English Food Law 28

Preliminary References 29

Reviewing the Legality of EU Acts 30

2.3 International Obligations 34

2.3.1 World Trade Organization Agreements 34

Effect of World Trade Organization Rules on English Law 35

Agriculture 36

Technical Barriers to Trade 37

Sanitary and Phytosanitary Measures 38

Intellectual Property Protection 41

General Agreement on Tariffs and Trade 43

2.3.2 Codex Alimentarius Commission 44

2.3.3 Other International Organisations 45

United Nations Agencies: World Health Organization and Food and Agriculture Organization 46

World Intellectual Property Organization 47

National Non-Governmental Organisations 49

3 Key Actors in Food Law 51

3.1 Introduction 51

3.2 Government Departments 51

3.2.1 Department for the Environment, Food and Rural Affairs 51

3.2.2 Department of Health 52

3.2.3 Department of Energy and Climate Change 54

3.3 Enforcing Food Law 54

3.3.1 National Competent Authorities 55

3.3.2 Official Feed and Food Controls Regulations 58

3.4 State Agencies 59

3.4.1 Food Standards Agency 60

Functions of the Food Standards Agency 61

3.4.2 Health Protection Agency and Public Health England 63

3.4.3 Environment Agency 64

3.4.4 Intellectual Property Office 65

3.5 Conclusion 66

4 EU Rules on the Free Movement of Food 67

4.1 Introduction 67

4.2 Measures Equivalent to Quantitative Restrictions on Trade in Food 68

4.2.1 Restricting the Free Movement of Food 68

4.2.2 Compositional Requirements and the Principle of Mutual Recognition 70

4.2.3 Packaging as an Impediment to the Free Movement of Food 80

4.2.4 Determining 'Substantial Difference' when Considering Consumer Protection 82

4.2.5 Protecting Human Health 87

4.2.6 National Rules on Additive Use 101

4.3 Measures Equivalent to Customs Duties on Imported Food 104

4.3.1 Unlawful Charges and Exceptions to the Rule 106

4.4 Discriminatory Taxation on Food and Drink 108

4.4.1 Distinguishing Between Customs Duties and Taxes 113

4.5 Conclusion 116

5 Food Safety 117

5.1 Introduction 117

5.2 Food Safety Act 1990 119

5.2.1 Offences under the Food Safety Act 119

5.2.2 Investigating Breaches of the Food Safety Act 120

5.3 BSE Crisis 124

5.3.1 Bovine Spongiform Encephalopathy Order 1988 125

5.3.2 EU Response to the BSE Crisis 125

5.3.3 Domestic Response to the BSE Crisis 128

5.3.4 Transmissible Spongiform Encephalopathies Regulation 2001 129

5.4 White Paper on Food Safety 132

5.4.1 Principles of Food Safety 134

5.5 General Food Law Regulation 135

5.5.1 Key Provisions of Regulation 178/2002 135

Defining 'Food' and 'Food Law' 135

General Principles of Food Law 136

Precautionary Principle 136

Public Consultation in Devising Food Laws 140

Food Business Operator Responsibilities 141

5.5.2 European Food Safety Authority 142

Rapid Alert System 146

Emergencies and Crisis Management 147

5.5.3 General Food Regulations 2004 148

6 Chemical and Biological Safety of Food 149

6.1 Hormone Use in Food Production 149

6.1.1 Hormones Directive 149

6.2 Pesticides 150

6.2.1 Pesticides Regulation 150

6.3 Materials in Contact With Foodstuffs 153

6.4 Ionisation 155

6.5 Food Hygiene 156

6.5.1 Hazard Analysis Procedures 156

6.5.2 General Hygiene Provisions 157

Primary Production Provisions 157

General Hygiene Requirements for all Food Business Operators 158

6.5.3 Specific Hygiene Rules 160

6.5.4 Food Hygiene (England) Regulations 2006 163

Hygiene Enforcement Responsibilities 164

Sampling and Analysis 165

7 Food Labelling and Advertising 167

7.1 Framework Food Labelling Legislation 167

7.1.1 Labelling Definitions 168

7.1.2 Labelling Format 169

7.1.3 Food Names 170

7.1.4 Ingredients 171

Ingredients Listing Exceptions 172

Quantitative Ingredient Declarations 174

7.1.5 Date of Durability 176

7.1.6 Indications of Origin 177

7.1.7 Labelling Exemptions 178

7.1.8 Additional Labelling Requirements 179

7.2 Nutrition Labelling And Claims 180

7.2.1 Restricted Claims 181

7.2.2 Nutrition and Health Claims 182

Defining 'Claims' 183

Nutrient Profiles 183

Conditions for the Use of Claims 184

Scientific Substantiation and Authorisation 185

Formal Authorisation Procedure for Health Claims 187

Nutrition and Health Claims (England) Regulations 2007 189

7.3 Labelling Codes of Conduct and Practice 189

7.3.1 Food Law Code of Practice (England) 2008 190

7.3.2 Code of Practice for the Labelling of Pork 191

7.3.3 Advertising Standards 193

Advertising of Food and Drink to Children 194

Advertising Alcohol 195

7.4 Quality and Composition Labelling 196

7.4.1 Honey (England) Regulations 2003 196

7.4.2 Cocoa and Chocolate Products (England) Regulations 2003 197

7.4.3 Coffee Extracts and Chicory Extracts (England) Regulations 2000 199

7.4.4 Fruit Juices and Fruit Nectars (England) Regulations 2003 200

7.4.5 Jam and Similar Products (England) Regulations 2003 200

7.4.6 Compositional Requirements in the Food Labelling Regulations 1996 201

7.4.7 Baby and Infant Foods 202

8 Protected Food Names 207

8.1 Geographical Indications 207

8.1.1 Geographical Food Names Regulation 208

Categories of Protected Geographical Food Name 209

Generic Names 209

Assessing Names 211

Applications for Legal Protection 215

Objections to Protection 217

Effects of Protection 218

8.2 Traditional Specialities 222

8.2.1 Benefits of Traditional Speciality Guaranteed Status 225

8.2.2 Control of Traditional Speciality Guaranteed Use 226

8.2.3 Optional Quality Terms 227

8.3 Wine and Spirits Protection 227

8.3.1 Common Organisation of the Market in Wine 228

Wine Regulations 2011 231

8.3.2 Spirits Protection 232

9 Nutrition, Obesity and Health 235

9.1 Introduction 235

9.2 Nutrition Labelling Requirements 236

9.2.1 Use of Portion Sizes 238

9.2.2 Mandatory Nutrition Declarations 239

9.3 EU Nutrition Policy and Obesity 241

9.4 National Nutrition Policy 247

9.4.1 Signpost Labelling 248

9.4.2 National Health Strategy 251

9.4.3 Department for Environment, Food and Rural Affairs Task Force 252

9.5 International Policy and Recommendations 257

10 Ethical and Environmental Aspects of Food Law 259

10.1 Introduction 259

10.2 Food Law and Climate Change 259

10.3 Organic Food 263

10.3.1 European Union Regulation of Organic Produce 265

Organic Foods Regulation 834/2007 265

Welfare of Organic Food-producing Animals 267

Labelling Organic Foods 268

10.3.2 Organic Products Regulations 2009 269

10.4 Genetic Modification 270

10.4.1 Issues with Early Genetically Modified Organisms Legislation 271

10.4.2 Defining Genetically Modified Organisms 276

10.4.3 Genetically Modified Organisms (Deliberate Release) Regulations 2002 276

10.4.4 European Union Genetically Modified Organisms Regulations 278

Genetically Modified Food and Feed 279

Genetically Modified Food Labelling and Traceability 282

Novel Foods Proposals, Cloning and Nanotechnology 284

10.5 Protecting the Welfare of Food-producing Animals 286

10.5.1 European Union Animal Welfare Strategy 286

New Legislative Initiatives on Animal Health 289

10.5.2 Animal Welfare Requirements 291

Welfare of Farmed Animals (England) Regulations 2007 291

Welfare of Egg-laying and Meat-producing Poultry 293

Welfare of Calves used in the Production of Veal 296

Welfare of Pigs 297

Transportation of Live Animals Provisions 298

Welfare at Time of Slaughter 301

European Convention for the Protection of Farmed Animals 303

10.6 Future Challenges for Food Law 305

Index 307