General Food Law

18 January 2010
by Ina Dimireva -- last modified 21 January 2010

The aim of the General Food Law Regulation is to provide a framework to ensure a coherent approach in the development of food legislation. At the same time, it provides the general framework for those areas not covered by specific harmonised rules but where the functioning of the Internal Market is ensured by mutual recognition. It lays down definitions, principles and obligations covering all stages of food/feed production and distribution.

General Objectives

The food law aims at ensuring a high level of protection of human life and health, taking into account the protection of animal health and welfare, plant health and the environment. This integrated "farm to fork" approach is now considered a general principle for EU food safety policy.

Food law, both at national and EU level, establishes the rights of consumers to safe food and to accurate and honest information. The EU food law aims to harmonise existing national requirements in order to ensure the free movement of food and feed in the EU.

The food law recognises the EU's commitment to its international obligations and will be developed and adapted taking international standards into consideration, except where this might undermine the high level of consumer protection pursued by the EU.

Risk Analysis

The Regulation establishes the principles of risk analysis in relation to food and establishes the structures and mechanisms for the scientific and technical evaluations which are undertaken by the European Food Safety Authority (EFSA).

Depending on the nature of the measure, food law, and in particular measures relating to food safety must be underpinned by strong science. The EU has been at the forefront of the development of the risk analysis principles and their subsequent international acceptance. Regulation EC 178/2002 establishes in EU law that the three inter-related components of risk analysis (risk assessment, risk management and risk communication) provide the basis for food law as appropriate to the measure under consideration. Clearly not all food law has a scientific basis, e.g. food law relating to consumer information or the prevention of misleading practices does not need a scientific foundation.

Scientific assessment of risk must be undertaken in an independent, objective and transparent manner based on the best available science.

Risk management is the process of weighing policy alternatives in the light of results of a risk assessment and, if required, selecting the appropriate actions necessary to prevent, reduce or eliminate the risk to ensure the high level of health protection determined as appropriate in the EU.

In the risk management phase, the decision makers need to consider a range of information in addition to the scientific risk assessment. These include, for example, the feasibility of controlling a risk, the most effective risk reduction actions depending on the part of the food supply chain where the problem occurs, the practical arrangements needed, the socio-economic effects and the environmental impact. Regulation EC/178/2002 establishes the principle that risk management actions are not just based on a scientific assessment of risk but also take into consideration a wide range of other factors legitimate to the matter under consideration.

Transparency

Food safety and the protection of consumer interests are of increasing concern to the general public, non-governmental organisations, professional associations, international trading partners and trade organisations. Therefore, the Regulation establishes a framework for the greater involvement of stakeholders at all stages in the development of food law and establishes the mechanisms necessary to increase consumer confidence in food law.

This consumer confidence is an essential outcome of a successful food policy and is therefore a primary goal of EU action related to food. Transparency of legislation and effective public consultation are essential elements of building this greater confidence. Better communication about food safety and the evaluation and explanation of potential risks, including full transparency of scientific opinions, are of key importance.

Precautionary Principle

Regulation EC/178/2002 (Article 7) formally establishes the Precautionary Principle as an option open to risk managers when decisions have to be made to protect health but scientific information concerning the risk is inconclusive or incomplete in some way.

The precautionary principle is relevant in those circumstances where risk managers have identified that there are reasonable grounds for concern that an unacceptable level of risk to health exists but the supporting information and data may not be sufficiently complete to enable a comprehensive risk assessment to be made. When faced with these specific circumstances, decision makers or risk mangers, may take measures or other actions to protect health based on the precautionary principle while seeking more complete scientific and other data. Such measures have to comply with the normal principles of non-discrimination and proportionality and should be considered as provisional until such time that more comprehensive information concerning the risk can be gathered and analysed.

Traceability

The identification of the origin of feed and food ingredients and food sources is of prime importance for the protection of consumers, particularly when products are found to be faulty. Traceability facilitates the withdrawal of foods and enables consumers to be provided with targeted and accurate information concerning implicated products.

Regulation EC/178/2002 defines traceability as the ability to trace and follow food, feed, and ingredients through all stages of production, processing and distribution.

The Regulation contains general provisions for traceability (applicable from 1 January 2005) which cover all food and feed, all food and feed business operators, without prejudice to existing legislation on specific sectors such as beef, fish, GMOs etc. Importers are similarly affected as they will be required to identify from whom the product was exported in the country of origin. Unless specific provisions for further traceability exist, the requirement for traceability is limited to ensuring that businesses are at least able to identify the immediate supplier of the product in question and the immediate subsequent recipient, with the exemption of retailers to final consumers (one step back-one step forward).

Emergency Procedures

Recent food safety incidents have demonstrated the need to establish appropriate measures in emergency situations ensuring that all foods whatever their type and origin and all feed should be subject to common measures in the event of a serious risk to human health, animal health or the environment. A comprehensive approach to emergency food safety measures should allow effective action to be taken and avoid artificial disparities in the treatment of a serious risk in relation to food or feed.

Therefore, Regulation (EC)/178/2002 (Article 53) confers special powers to the European Commission for taking emergency measures. Such measures can be taken where it is evident that a feed and food originating in the EU, or imported from a third country, is likely to constitute a serious risk to human health, animal health or the environment, and that such a risk cannot be contained satisfactorily by means of measures taken by the Member States.

Such action can be initiated by the Commission itself, or be requested by a Member State. Depending on the gravity of the situation, emergency measures can take the form of:

• a suspension of the marketing or use of the feed or food in question;
• subjecting the use and marketing of the feed or food to special conditions; or
• any other appropriate interim measure.

If, following information from a Member State on the need to take emergency measures, the Commission does not initiate the procedure for the adoption of emergency measures at Community level, the Member State in question may adopt interim protective measures. The Member State may maintain its national interim protective measures until a Community decision has been adopted concerning the extension, amendment or abrogation of the said measures.

Crisis Management

Recent food crises have demonstrated the benefits to the Commission of having properly adapted, more rapid procedures for crisis management. Therefore Regulation EC/178/2002 provides for the establishment of a general plan for food/feed crisis management and the creation of a crisis unit. This crisis unit will be set up by the Commission in cases where the Commission identifies a serious direct or indirect risk to human health deriving from food and feed and the risk cannot be managed adequately by application of existing provisions, in particular the emergency procedures. The European Food Safety Authority (EFSA) will participate in the crisis unit and provide scientific and technical assistance.

The crisis unit will be responsible for collecting and evaluating all relevant information and identifying the options available to prevent, eliminate or reduce the risk at stake. The crisis unit will keep the public informed of the risks involved and the measures taken.

Source: European Commission