Reconciling Food Law to Competitiveness
Reconciling Food Law to Competitiveness
Report on the Regulatory Environment of the European Food and Dairy SectorAuthor: Bernd van der Meulen
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.
Availability: In Print
Publication date: 2009
Binding: Paperback
Dimensions: Unknown
Weight: Unknown
Extent: 136pp
ISBN: 978-90-8686-098-2
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Foreword
About the authors
1. Introduction
6. Food handling and controls
10. Conclusions
Index
About the authors
- Acknowledgement
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
- 2.1 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
- 3.1 Awareness
- 3.2 Consolidation
- 3.3 Controls & businesses
- 3.4 Self-regulation
- 3.5 Organisation
- 3.6 Conclusion on accessibility of EU food law
- 4.1 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
6. Food handling and controls
- 6.1 General
- 6.2 Flexibility
- 6.3 Record keeping
- 6.4 Inspection costs
- 6.5 Concluding remarks
- 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
- 8.1 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
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
- 11.1 For the legislature
- 11.2 For administrative authorities
- Annex 1 Private regulation in the Dutch dairy chain
- Annex 2 Novel foods dossier analysis
- Annex 3 Abbreviations
Index
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