Private Food Law
Free

Private Food Law

By B. M. J. van der Meulen
Free
Book Description

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. This book also addresses how private standards 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.

Table of Contents
  • Table of contents
  • About the authors
  • Foreword
  • Abbreviations
  • 1. Private food law
    • Bernd van der Meulen
    • 1.1 The first book on private food law
    • 1.2 Private food law
    • 1.3 Cover
    • 1.4 Food law
    • 1.5 Classifications in private food law
    • 1.6 Topics covered in this book
    • 1.7 Law and governance
    • 1.8 Last but not least
    • Acknowledgements
    • References
  • 2. Quasi-states? The unexpected rise of private food law
    • Lawrence Busch
    • 2.1 Introduction
    • 2.2 Building neoliberalism
    • 2.3 Transformation of the global economy
    • 2.4 Rise of the Tripartite Standards Regime (TSR)
    • 2.5 Can governance be plural? Legitimacy and markets revisited
    • 2.6 Conclusions
    • Acknowledgements
    • References
  • 3. The anatomy of private food law
    • Bernd van der Meulen
    • 3.1 Introduction
    • 3.2 The history of private standards
    • 3.3 Chain orchestration
    • 3.4 Owning a standard
    • 3.5 Enforcement
    • 3.6 Adjudication
    • 3.7 Audits
    • 3.8 Certification mark
    • 3.9 Accreditation
    • 3.10 Beyond accreditation
    • 3.11 Standard setting
    • 3.12 Structure of private food law
    • 3.13 Interconnected private schemes
    • 3.14 Public – private interconnections
    • 3.15 Motives
    • 3.16 Examples
    • 3.17 Underlying concepts
    • 3.18 EurepGAP/GlobalGAP
    • 3.19 BRC
    • 3.20 IFS
    • 3.21 SQF
    • 3.22 FS22000
    • 3.23 GFSI
    • 3.24 Public law on private food law
    • 3.25 WTO
    • 3.26 Conclusions
    • References
  • 4. Inventory of private food law
    • Theo Appelhof and Ronald van den Heuvel
    • 4.1 Introduction
    • 4.2 Controlling food safety by quality management system/standard
    • 4.3 Description of commonly used Standards
    • 4.4 To conclude
    • References
  • 5. Codex Alimentarius and private standards
    • Spencer Henson and John Humphrey
    • 5.1 Background
    • 5.2 Nature of private food safety standards
    • 5.3 Trends in the development and functions of private food safety standards
    • 5.4 Role of Codex in the context of private standards
    • 5.5 Do private standards jeopardise the work of Codex?
    • 5.6 Challenges and opportunities for Codex
    • 5.7 Conclusions
    • References
  • 6. Private retail standards and the law of the World Trade Organisation
    • Marinus Huige
    • 6.1 Introduction
    • 6.2 What are private standards?
    • 6.3 Private standards, what drives them?
    • 6.4 Private standards and the WTO SPS Committee
    • 6.5 The current discussion on applicability of the SPS Agreement
    • 6.6 Food for thought
    • References
  • 7. Private law making at the round table on sustainable palm oil
    • Otto Hospes
    • 7.1 Introduction
    • 7.2 The normative content of the RSPO
    • 7.3 Principle(d) actors
    • 7.4 Compliance and complaints
    • 7.5 How voluntary are the RSPO principles and criteria?
    • 7.6 Governments as consultative cheerleaders or competitive law makers
    • 7.7 Conclusion
    • References
  • 8. GlobalGAP smallholder group certification
    • Margret Will
    • 8.1 Challenge or opportunity? An introduction to GlobalGAP option 2 smallholder certification
    • 8.2 Challenge and opportunity! The GlobalGAP smallholder pilot project
    • 8.3 Turning challenges into opportunities: conclusions from the GlobalGAP smallholder pilot project
    • 8.4 GlobalGAP: challenge and opportunity! Conclusions and recommendations
    • References
  • 9. Towards the self-regulation code on beer advertising in Italy
    • Ferdinando Albisinni
    • 9.1 The peculiar relation between innovation and food law
    • 9.2 Private regulatory law
    • 9.3 The IAP – Institute of self-regulation in Marketing Communication (1963)
    • 9.4 Legislative reforms in the 1990’s: cooperative competition between public and private law
    • 9.5 The Beer Advertising Code: private regulation as tool to expand and anticipate consumer protection
    • 9.6 Some open questions
    • References
  • 10. Self-regulation code on beer advertising
    • Alessandro Artom
    • 10.1 Introduction
    • 10.2 Underlying principles
    • 10.3 The Code
    • 10.4 The Code as Private Food Law
    • References
  • 11. Franchising strengthens the use of private food standards
    • Esther Brons-Stikkelbroeck
    • 11.1 Introduction
    • 11.2 Private food standards
    • 11.3 Vertical agreements and franchising
    • 11.4 Conclusion
    • References
  • 12. On the borderline between state law and religious law
    • Tetty Havinga
    • 12.1 The developing supply of halal foods
    • 12.2 Regulating halal and kosher food
    • 12.3 Kosher certification in the Netherlands
    • 12.4 Halal certification in the Netherlands
    • 12.5 Religious slaughter in the Netherlands
    • 12.6 Regulation of kosher food in the United States
    • 12.7 Religious slaughter in the United States
    • 12.8 Comparative conclusions
    • 12.9 Explaining the different position of the government
    • References
  • 13. Organic food
    • Hanspeter Schmidt
    • 13.1 Introduction
    • 13.2 ‘Bio’ and ‘Eco’ and ‘Regular’?
    • 13.3 Comprehensive protection of organic terminology
    • 13.4 The friendly take-over by government in the 1990s
    • 13.5 Contaminants
    • 13.6 2011: still the same concept
    • 13.7 Positive lists for farming and processing
    • 13.8 The friendliness of the take-over
    • 13.9 Take-over of norms, but not of controls
    • 13.10 Toxins from non-regulated sources
    • 13.11 BNN orientation values
    • 13.12 Pesticide traces as misleading labelling
    • 13.13 The statutory role of doubt
    • 13.14 Conclusion on the role of private organic food regulation
    • References
  • 14. Food online
    • Lomme van der Veer
    • 14.1 Introduction
    • 14.2 The distance contract, buying food online
    • 14.3 Information and expectations about the product
    • 14.4 Conformity
    • 14.5 Conformity requirement and distance contracts
    • 14.6 Conclusions
    • References
  • 15. National public sector and private standards
    • Irene Scholten-Verheijen
    • 15.1 Public law and private standards
    • 15.2 Public procurement and private standards
    • 15.3 Public enforcement and private standards
    • 15.4 Conclusions
    • Postscript
    • References
  • 16. The outside of private food law
    • Maria Litjens, Bernd van der Meulen and Harry Bremmers
    • 16.1 Introduction
    • 16.2 Background
    • 16.3 Private regulation structured in the food chain
    • 16.4 The big picture
    • 16.5 Developments in competition law
    • 16.6 Conclusions and discussion
    • Acknowledgements
    • References
  • 17. The limit of private food law
    • Fabian Stancke
    • 17.1 Introduction
    • 17.2 The requirements of competition law compliance
    • 17.3 Addressees of competition law in the food sector
    • 17.4 The restrictions on anticompetitive conduct
    • 17.5 The restrictions on non-collusive / unilateral conduct by market dominant companies
    • 17.6 Groups of cases relevant under competition law in the food sector
    • 17.7 Concluding remarks
    • References
  • 18. EU ‘new approach’ also for food law?
    • Nicole Coutrelis
    • 18.1 What is the ‘new approach’
    • 18.2 Is the ‘new approach’ unknown in EU Food Law?
    • 18.3 Public/private – regulation/standards: present situation and questions
    • 18.4 Is the ‘new approach’ now possible/desirable in EU Food Law?
    • References
  • Appendix 1. Commission Communication – EU best practice guidelines for voluntary certification sche
  • Appendix 2. Communication from the Commission to the Council, the European Parliament and the Europ
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