Animal cloning, nanotechnology, and genetic modifications are all examples of recent controversies around food regulation where scientific evidence occupies a central position. This book provides a fresh perspective on EU scientific food safety governance by offering a legal insight into risk analysis and the precautionary principle, positioned as general principles of EU food law. To explain what the science-based requirement means in EU multi-level governance, this book places these principles in the legislative dynamics of the EU internal market and the meta-framework of the international trade regime established by the WTO. Numerous examples of the case-law of European Courts show implications of risk analysis and science-based food law for EU and national decision makers, as well as food businesses. This book focuses on the crucial aspects of the risk analysis methodology. It redefines the precautionary principle and clarifies its scope of application. It analyses the extent to which non-scientific factors, such as consumers' risk perception, local traditions or ethical considerations, can be taken into account at national and EU level. This book argues that, compared to EU institutions, the autonomy allocated to national authorities is much more limited, which raises questions about the legitimacy of food safety governance in the EU.

Featuring case studies and discussion questions, this textbook – with revisions addressing significant changes to US food law – offers accessible coverage appropriate to a wide audience of students and professionals. Overviews the federal statutes, regulations, and regulatory agencies concerned with food regulation and introduces students to the case law and statutory scheme of food regulation Focuses updated content on the 2011 FDA Food Safety Modernization Act (FSMA), the biggest change to US food law since the 1930s Contains over 20% new material, particularly a rewritten import law chapter and revisions related to food safety regulation, health claims, and food defense Features case studies and discussion questions about application of law, policy questions, and emerging issues

Designed and modeled after a six-week introductory food law course taught at Northeastern University, Food Law and Regulation for Non-Lawyers offers a succinct overview of key topics and core concepts for food scientists, quality managers, and others who need to understand the regulation of food in the U.S. This second edition includes critical updates on the Food Safety Modernization Act-- the first change to the food safety laws in over 70 years. The seven foundational rules, finalized in 2015, are discussed in detail. The new edition also includes other regulatory updates such as the new Nutrition Fact Panel, changes to the definition of fiber, and the FDA’s attempt to regulate the widely used “healthy” claim. These timely updates, along with the core concepts of the first edition, make the volume an essential and practical tool for regulatory professionals.

Food which nanotechnology has impacted or to which nanotechnology is applied is referred to as nanofood. From treatment of the soil in which a crop plant is grown to the caring of a food, nanotechnology is a growing factor in the food supply. At this point, however, there is no definitive, effective global method for regulating the use of nanotechnology as it relates to the food suply. Legislation on nanotechnologies is still evolving, as is understanding what data is needed for effective, efficient and appropriate risk assessment associated with nanotechnology impacted foods. Due to the emerging nature of nanotechnology and its role in the food supply, case-by-case studies are the current norm, but the need for wide-scale testing and broad-based regulatory standards is urgent. This project is based on an EFFoST study designed to provide a comparative study of nanofood regulations in order to guide regulation development in this rapidly expanding market. - Provides comparative study of nanofood regulations in order to guide regulation development in this rapidly expanding market - Includes both case-by-case examples and more broad-based insights - Provides models for regulation specifically for regulating nanotechnology as applied to food

When faced with tackling food-borne illness, regulators have a number of competing goals. They must investigate in order to discover the source of the illness. Once the source is identified they must take action to prevent further cases of illness occurring. Finally, once the illness is under control, they may wish to take enforcement action against those responsible. Regulating Food-Borne Illness uses interviews and documentary analysis to examine the actions of regulators and considers how they balance these three tasks. Central to the regulators' role is the collection of information. Without information about the source, control or enforcement action cannot be taken. Investigation must therefore take place to produce the necessary information. Utilising theoretical frameworks drawn from regulation and biosecurity, Regulating Food-Borne Illness shows that control is prioritised, and that investigatory steps are chosen in order to ensure that the information necessary for control, rather than enforcement, is collected. This has the effect of reducing the possibility that enforcement action can be taken. The difficulty of evidence gathering and case-building in food-borne illness cases is exposed, and the author considers the methods aimed at reducing the difficulty of bringing successful enforcement action.

This book presents a critical legal perspective on the current direction of EU food regulation. Analysing three regulatory mechanisms - mutual recognition, scientific risk regulation and standardisation - in the evolution of food legislation in the EU, the book shows the inadequacy of the current framework in facing the challenges of enlargement. Using the particular experience of a new member state, Poland, the book argues that an enlarged Europe must not disregard diverse socio-economic implications of market regulation. Due to historical legacies and a bias in favour of homogeneity, the EU food regulatory regime has generated a one-dimensional crisis-oriented approach. As a result, it tends to overlook other legitimate concerns such as quality, diversity and local traditions. This book argues that this need not be so.

This issue is the first milestone on the way to the XXth AIDP World Congress dedica-ted to ‘Criminal Justice and Corporate Business’. It brings together key proceedings of the International Colloquium on ‘Food Regulation and Criminal Justice’, organised by the Chinese group of the AIPD in Beijing on September 23rd-26th, 2016. The volume contains the resolutions adopted in Beijing, the general report, four transversal articles, and several national reports. It offers a broad overview of the main challenges raised by contemporary food regulation, as well as various responses provided by criminal law around the globe. The contributions deal with issues concerning food security, food safety, and food fraud. They pay particular attention to the international dimension, the interaction with administrative enforcement mechanisms, and the increasing relevance of self-regulation.

Since the turn of the Millennium, world-wide initiatives from the private sector have turned the regulatory environment for food businesses upside down. For the first time in legal literature this book analyses private law initiatives relating to the food chain, often referred to as private (voluntary) standards or schemes. Private standards are used to remedy flaws in legislation, in order to reach higher levels of consumer protection than the ones chosen by the EU legislature and to manage risks and liability beyond the traditional limits of food businesses. We see that litigation is no longer solely framed by legislative requirements, but ever more by private standards such as GlobalGAP, BRC, IFS, SQF and ISO. These private standards incorporate public law requirements thus embedding them in contractual relations and exporting them beyond the jurisdiction of public legislators. Other standards focus on corporate social responsibility or sustainability. This book also addresses how private religious standards such as Kosher and Halal play a role in defining specific markets of growing importance. It is noted that organic standards have found an interesting symbioses with public law. Another development on this topic is that food businesses are inspected more often by private auditors than by public inspectors. Effects in terms of receiving or being denied certification far outweigh public law sanctions. In short private law has changed an entire legal infrastructure for the food sector. It emerges as competing with the public law regulatory infrastructure. This book is of interest to all who concern themselves with food law legislation and litigation and the evolving role of private standards on changing the landscape of food chains and innovation.

Food additives have been used since the beginning of time to enhance the quality and quantity of food products. We know from historical research that alcohol, vinegar, oils, and spices were used more than 10,000 years ago to preserve foods. The incorporation of various additives to human food has never ceased. Additives have been used and continue to be used to perform various functions from enhancing the flavor to increasing the shelf-life of the food. Until the time of the Industrial Revolution, the above-mentioned ingredients and a limited number of other ingredients were the major food additives used. However, the Industrial Revolution brought about advances in machinery development and changes in technology. Food production, especially grain, increased at a hectic pace and new food additives were developed. Fast forward to current times; knowledge regarding food additives, how they are prepared, their composition, and how they work has become very important to those in the food industry and health conscious consumers. Regulating Food Additives: The Good, Bad, and the Ugly addresses both the importance and the dangers of food additives. It discusses how food additives are prepared, what they are composed of, and why we need to be concerned about them. In addition, this book provides a timeline of laws regulating food in U.S. history such as the Federal Food, Drug and Cosmetic Act (FFDCA) passed in 1938 and the Food Additives Amendment to that Act passed in 1958.

This is the first comprehensive legal treatise on US food law for lawyers, judges, students, and consumer advocates.