Private Food Law
B. M. J. van der Meulen
Private Food Law

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
About the authors
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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?
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
Keyword index
The book hasn't received reviews yet.