B.M.J. van der Meulen

Multi-stakeholder responses to the European Union health claims requirements

Stakeholder groups have different interests in health claims which may be complementary but also conflicting. It is not clear on beforehand, how managers should deal with legal requirements on claims. Nor is it clear how legal authorities can adjust the present claims regime to address market, consumer, company and normative requirements. This article aims to assess the strategic responses to health claims legislation and implementation by multiple stakeholders with seemingly complementary wishes, but also controversial expectations: especially consumers, companies and public authorities. A multidisciplinary approach is carried out, using insights from food technological and medical, economic, legal and managerial sciences. The EU-claims regime and the responses of multiple stakeholder groups are investigated using available research supplemented with case studies of probiotics and botanicals. The system is evaluated within the context of the structure of food law and the legitimate rights and obligations of stakeholders in food supply chains and networks. The main finding is that the costs and uncertainties attached to health claims are important factors impacting the innovation efforts of companies, the willingness-to-pay of consumers and the effectiveness of public policy. A dialogue between stakeholders and adjustment of the present legal system from a regime-based to a product-based approach is suggested to reduce the perceived uncertainties and to be able to provide food information in an effective and less risky way.

Eight Commandants for Securing Competitive Food Supply Chains in the European Union

The objective of this chapter is to identify the main legal barriers to the competitiveness of the European food industry and to suggest ways to improve the legal system. Prior studies by Wijnands et al. (2007, 2008) and Poppe et al. 2008) have shown that competitiveness of this industry is under pressure. In the light of the above, we propose a second overhaul of European food law, after the tremendous legal efforts which have been made as a response to food scares at the turn of the century. This reform consists of eight improvements of European food law and aims at empowering stakeholders upstream in food supply chains. These improvements would not only contribute to the competitiveness of the EU food supply chains through alleviation of various forms of administrative burdens, but also restore the power equilibrium between stakeholders within the food chains as well as between businesses and consumers, and reduce the burdens connected to pre-market approval of food and feed and zero-tolerance standards. These focal areas partly overlap, as the improvement of one area may positively or negatively affect another. Within the proposed second overhaul of European food law, the interests of all stakeholders should be considered, while at present consumer concerns seem to eclipse all other existing interests.

Consumer Protection Legislation

This contribution sets out in a very brief overview the consumer protection legislation with regard to health and food at the inter-, supra-, and transnational and local levels. It introduces basic concepts as well as the most important legislations.

Science Based Governance? EU Food Regulation Submitted to Risk Analysis

Anna Szajkowska and Bernd van der Meulen analyse in their contribution, Science Based Governance? EU Food Regulation Submitted to Risk Analysis, the scope of application of risk analysis and the precautionary principle in EU food safety regulation. To what extent does this technocratic, science-based methodology set limitations on the legislator in deciding on food safety measures that restrict trade? Can factors other than science be taken into account in food safety regulation? Are EU food safety measures ‘legal’ under international trade obligations?

EU food hygiene law and implications for food factory design

Abstract: This chapter analyses the conditions set for the design of food factories by four types of EU food hygiene legislation. The chapter opens with a description of the objectives of EU food hygiene law in the setting of the General Food Law (GFL). The fundamental concepts of the GFL and the procedures based on the hazard analysis and critical control point (HACCP) principles are expected to contribute most to the legal context for food factory design. Direct regulation provides the minimum threshold and the guides to good practice have to be developed.

Food Safety Regulations Applied to Traditional and Ethnic Foods

Abstract Traditional and ethnic foods are characterized by their history. By this category, they are usually considered safe on the basis of experience within the jurisdiction where they are indigenous. Elsewhere they may face authorization requirements. Foods characterized by historical production methods may face challenges from modern food hygiene legislation. In some situations, exemptions apply that enable the continuation of traditional practices, despite food safety concerns. This chapter explores how food law addresses one or both of these issues in the United States, Australia and New Zealand, Brazil, China, and the European Union (EU). From the perspective of global harmonization, it is preferable for national systems to take account of experience elsewhere and to be flexible toward nonindustrial ways of production.

Food hygiene regulation in the European Union (EU)

Abstract: The nature and application of the regulatory regime in the EU are described and the structure of the control system is covered before examining the EU legal requirements. There is further discussion on the legislation applicable to retailing and catering for all foods, and to the whole supply chain for many foods. The specific requirements applicable to the production of foods of animal origin on an industrial scale and the rules and controls smaller businesses have to comply with are also discussed. The chapter then considers future trends before concluding with a list of sources of further information.