General principles of food law:
European Parliament and Council Regulation (EC) No 178/2002
Amended by:
European Parliament and Council Regulation No 1642/2003/EC of 22/07/2003
Commission Regulation No 575/2006/EC of 7/04/2006
· Scope
The main objective of European food law is to protect both the health and interests of the consumer. Consumer health is assured by the provision of safe food, produced with due regard for plant health and the environment. All legislation must aid the free flow of food within the European internal market for the general interests of all consumers. This Regulation is principally composed of three distinct areas: general principles of food law; the creation of the European Food Safety Authority; and the rapid alert system, crisis management and emergencies.
· Definitions
The following definitions are included in this Regulation and can be consulted if required:
Food law, food business, food business operator, feed, retail, risk, placing in the market, risk, risk analysis, hazard, traceability, primary production, final consumer.
1. General food law
1.1. General objectives
This legislation applies to all stages of production, processing and distribution of food and must be implemented by January 2007 by the latest, except food safety requirements, imported and exported foodstuffs, presentation, responsibilities and traceability which must be implemented by January 2005. All food, which is placed on the market, must be fit for human consumption and must not injure human health according to its intended use. The focus on potential injury to health must be both short- and long-term with due regard to subsequent generations and cumulative effects. If any food within any one lot, batch or consignment is unsafe, the entire lot, batch or consignment must be withdrawn from the market. At all times consumer safety is paramount.
If food complies with Community provisions but is otherwise deemed unsafe, it should not be placed on the market. Where Community law fails to cover a particular product, the law of the appropriate Member State shall be enforced.
1.2. Risk analysis
Risk analysis is the identification and determination of the likelihood of a hazard affecting consumers and the subsequent communication of such a risk. Three components of risk analysis exist: risk assessment, risk management and risk communication. These three principles aim to identify and evaluate potential risks based on sound scientific knowledge and ensure consumers are not misled. Risk analysis is not solely based on scientific analysis, but considers many other product specific concepts, e.g. traditional production factors.
1.3. Precautionary principle
If uncertainty exists on the scientific basis of a potential risk, provisional measures will be implemented to ensure that the public are protected. To avoid trade distortion these measures shall be subject to technical and economic feasibility and review after a reasonable period of time.
1.4. Consumer protection
To avoid consumer deception, a transparent system regarding product choice must be available. Based on specific knowledge, consumers must be assured that food is not hazardous to health, thus maintaining consumer choice.
1.5. Transparency
Food law should only be implemented after public consultation to ensure balanced efficient legislation. If a food presents a risk to health, public authorities shall quickly inform consumers of the nature of the health risk.
1.6. Presentation
The packaging of a product must be clear and accurate, and not misleading to the consumer in any way. Refer to section of labelling, presentation and advertising.
1.7. Responsibilities
1.7.1. Operators
Operators at all stages of production, processing and distribution, must ensure that food products adhere to all aspects of food legislation. If an operator believes a product does not conform to these standards, (i.e. it is unfit for human consumption or injurious human health) it is the operator’s responsibility to initiate procedures to withdraw the product from the market. If this is not attained prior to the product being placed on the market, operators must inform the public of the safety concerns and immediately withdraw the item. This also applies to operators who do not affect packaging, labelling, safety or integrity of the food which are still bound to inform consumers if food is unsafe and assist in tracing such products. The measures taken have to be submitted to the competent authorities to further prevent risks to the consumer.
1.7.2. Traceability
Ensuring that only high quality food reaches the consumer is of vital importance. For this to happen, any food which has been placed on the market but is unfit for human consumption or is likely to injure human health must be quickly traced and withdrawn. To aid this withdrawal, the origin of all food must be well documented at all stages throughout the chain from production to distribution. When enforced in January 2005, this will involve recording operators to whom products have been supplied and from whom they have been received. All records should be available on request for inspection. With this in mind, all products must be thoroughly labelled so the product can easily be identified and traced.
Click here to view our separate section on Traceability.
1.7.3. Trade obligations
Food imported into the Community shall adhere to the requirements of food law, equivalent standards or the specific details under agreements between the Community and exporting countries.
Food exported or re-exported shall adhere to the requirements of food imported unless specific recipient countries have specific additional requirements, especially those under bilateral agreements. For food not complying with these arrangements but NOT posing a threat to human health can be exported or re-exported, assuming the importing country are aware of the reasons why it was not supplied to the Community market and have agreed the importation.
2. European Food Safety Authority (EFSA)
2.1. Introduction
The European Food Safety Authority has been established under this Regulation. This Authority has the brief to provide independent scientific advice on all matters impacting on food safety. The Authority’s brief is wide and covers all stages of food production and supply to final consumers. The communication of activities is seen as a major role to improve the transparency of measures to improve awareness of measures to improve food safety.
2.2. Specific roles
· Provision of scientific opinions for community legislation;
· promote the development of uniform risk analysis;
· provision of scientific and technical support to the Commission and interpretation of risk assessment methodology;
· commissioning of scientific studies;
· search, collect, analyse and summarise scientific and technical data in this field;
· undertake action to identify and characterise emerging risks;
· establishment of a network of organisations operating in relevant fields;
· provision of scientific and technical assistance to the Commission when requested, most notably in times of food and feed crises;
· improvement of international cooperation among Member states, international organisations in this field by providing scientific and technical assistance;
· provision of rapid, reliable, objective and comprehensible information in its fields within it’s mission;
· expression of independent conclusions and orientation on matters of scope; and
· undertake specific Commission designated tasks of under its mission.
Certain aspects regarding the access to EFSA documents and the Agency’s financial aspects were amended by Regulation 1642/2003/EC.
3. Rapid alert system
3.1. Introduction
A network consisting of the Commission, EFSA and Member States is established to create a rapid alert system to allow any serious direct or indirect risks to be disseminated to all network members. It is the responsibility of the Member State to transmit all information to the Commission regarding:
· measures adopted to withdraw a food item to protect human health and requiring rapid action;
· recommendations or agreements with professional operators to prevent, limit or impose specific conditions on the marketing of food which may be a serious risk to human health requiring rapid action; and
· rejections relating to a direct or indirect risk to human health of a batch, container or cargo of food or feed by a competent authority at a border point.
Where a produce is rejected at an EU border post, it is the role of the Commission to notify all border posts in the EU and that of the third country. This is also the case if suspect food has been sent to a third country.
Any product posing in breach of EU regulations must be notified and the Commission produces a list on a weekly basis. This list can be viewed here.
3.2. Emergency Measures
Where food is deemed to be harmful to health, the Commission can request a MemberState takes one or more of the following measures depending on whether the food is of Community origin:
· suspension of the placing of the food on the market of its use;
· laying down special conditions for the food in question; and/or
· any other interim measure;
or imported from a third country:
· suspension of imports from the third country and where applicable any third country of transit;
· laying down special conditions for food in question from all or part of the third country concerned; and/or
· any other appropriate interim measure.
Member states may adopt interim measures where the Commission has not acted in accordance with the measures above until such a time that such measures are introduced.
General principles of food law:
European Parliament and Council Regulation (EC) No 178/2002
Amended by:
European Parliament and Council Regulation No 1642/2003/EC of 22/07/2003
Commission Regulation No 575/2006/EC of 7/04/2006
· Scope
General principles of food law:
European Parliament and Council Regulation (EC) No 178/2002
Amended by:
European Parliament and Council Regulation No 1642/2003/EC of 22/07/2003
Commission Regulation No 575/2006/EC of 7/04/2006
· Scope
The main objective of European food law is to protect both the health and interests of the consumer. Consumer health is assured by the provision of safe food, produced with due regard for plant health and the environment. All legislation must aid the free flow of food within the European internal market for the general interests of all consumers. This Regulation is principally composed of three distinct areas: general principles of food law; the creation of the European Food Safety Authority; and the rapid alert system, crisis management and emergencies.
· Definitions
The following definitions are included in this Regulation and can be consulted if required:
Food law, food business, food business operator, feed, retail, risk, placing in the market, risk, risk analysis, hazard, traceability, primary production, final consumer.
1. General food law
1.1. General objectives
This legislation applies to all stages of production, processing and distribution of food and must be implemented by January 2007 by the latest, except food safety requirements, imported and exported foodstuffs, presentation, responsibilities and traceability which must be implemented by January 2005. All food, which is placed on the market, must be fit for human consumption and must not injure human health according to its intended use. The focus on potential injury to health must be both short- and long-term with due regard to subsequent generations and cumulative effects. If any food within any one lot, batch or consignment is unsafe, the entire lot, batch or consignment must be withdrawn from the market. At all times consumer safety is paramount.
If food complies with Community provisions but is otherwise deemed unsafe, it should not be placed on the market. Where Community law fails to cover a particular product, the law of the appropriate Member State shall be enforced.
1.2. Risk analysis
Risk analysis is the identification and determination of the likelihood of a hazard affecting consumers and the subsequent communication of such a risk. Three components of risk analysis exist: risk assessment, risk management and risk communication. These three principles aim to identify and evaluate potential risks based on sound scientific knowledge and ensure consumers are not misled. Risk analysis is not solely based on scientific analysis, but considers many other product specific concepts, e.g. traditional production factors.
1.3. Precautionary principle
If uncertainty exists on the scientific basis of a potential risk, provisional measures will be implemented to ensure that the public are protected. To avoid trade distortion these measures shall be subject to technical and economic feasibility and review after a reasonable period of time.
1.4. Consumer protection
To avoid consumer deception, a transparent system regarding product choice must be available. Based on specific knowledge, consumers must be assured that food is not hazardous to health, thus maintaining consumer choice.
1.5. Transparency
Food law should only be implemented after public consultation to ensure balanced efficient legislation. If a food presents a risk to health, public authorities shall quickly inform consumers of the nature of the health risk.
1.6. Presentation
The packaging of a product must be clear and accurate, and not misleading to the consumer in any way. Refer to section of labelling, presentation and advertising.
1.7. Responsibilities
1.7.1. Operators
Operators at all stages of production, processing and distribution, must ensure that food products adhere to all aspects of food legislation. If an operator believes a product does not conform to these standards, (i.e. it is unfit for human consumption or injurious human health) it is the operator’s responsibility to initiate procedures to withdraw the product from the market. If this is not attained prior to the product being placed on the market, operators must inform the public of the safety concerns and immediately withdraw the item. This also applies to operators who do not affect packaging, labelling, safety or integrity of the food which are still bound to inform consumers if food is unsafe and assist in tracing such products. The measures taken have to be submitted to the competent authorities to further prevent risks to the consumer.
1.7.2. Traceability
Ensuring that only high quality food reaches the consumer is of vital importance. For this to happen, any food which has been placed on the market but is unfit for human consumption or is likely to injure human health must be quickly traced and withdrawn. To aid this withdrawal, the origin of all food must be well documented at all stages throughout the chain from production to distribution. When enforced in January 2005, this will involve recording operators to whom products have been supplied and from whom they have been received. All records should be available on request for inspection. With this in mind, all products must be thoroughly labelled so the product can easily be identified and traced.
Click here to view our separate section on Traceability.
1.7.3. Trade obligations
Food imported into the Community shall adhere to the requirements of food law, equivalent standards or the specific details under agreements between the Community and exporting countries.
Food exported or re-exported shall adhere to the requirements of food imported unless specific recipient countries have specific additional requirements, especially those under bilateral agreements. For food not complying with these arrangements but NOT posing a threat to human health can be exported or re-exported, assuming the importing country are aware of the reasons why it was not supplied to the Community market and have agreed the importation.
2. European Food Safety Authority (EFSA)
2.1. Introduction
The European Food Safety Authority has been established under this Regulation. This Authority has the brief to provide independent scientific advice on all matters impacting on food safety. The Authority’s brief is wide and covers all stages of food production and supply to final consumers. The communication of activities is seen as a major role to improve the transparency of measures to improve awareness of measures to improve food safety.
2.2. Specific roles
· Provision of scientific opinions for community legislation;
· promote the development of uniform risk analysis;
· provision of scientific and technical support to the Commission and interpretation of risk assessment methodology;
· commissioning of scientific studies;
· search, collect, analyse and summarise scientific and technical data in this field;
· undertake action to identify and characterise emerging risks;
· establishment of a network of organisations operating in relevant fields;
· provision of scientific and technical assistance to the Commission when requested, most notably in times of food and feed crises;
· improvement of international cooperation among Member states, international organisations in this field by providing scientific and technical assistance;
· provision of rapid, reliable, objective and comprehensible information in its fields within it’s mission;
· expression of independent conclusions and orientation on matters of scope; and
· undertake specific Commission designated tasks of under its mission.
Certain aspects regarding the access to EFSA documents and the Agency’s financial aspects were amended by Regulation 1642/2003/EC.
3. Rapid alert system
3.1. Introduction
A network consisting of the Commission, EFSA and Member States is established to create a rapid alert system to allow any serious direct or indirect risks to be disseminated to all network members. It is the responsibility of the Member State to transmit all information to the Commission regarding:
· measures adopted to withdraw a food item to protect human health and requiring rapid action;
· recommendations or agreements with professional operators to prevent, limit or impose specific conditions on the marketing of food which may be a serious risk to human health requiring rapid action; and
· rejections relating to a direct or indirect risk to human health of a batch, container or cargo of food or feed by a competent authority at a border point.
Where a produce is rejected at an EU border post, it is the role of the Commission to notify all border posts in the EU and that of the third country. This is also the case if suspect food has been sent to a third country.
Any product posing in breach of EU regulations must be notified and the Commission produces a list on a weekly basis. This list can be viewed here.
3.2. Emergency Measures
Where food is deemed to be harmful to health, the Commission can request a MemberState takes one or more of the following measures depending on whether the food is of Community origin:
· suspension of the placing of the food on the market of its use;
· laying down special conditions for the food in question; and/or
· any other interim measure;
or imported from a third country:
· suspension of imports from the third country and where applicable any third country of transit;
· laying down special conditions for food in question from all or part of the third country concerned; and/or
· any other appropriate interim measure.
Member states may adopt interim measures where the Commission has not acted in accordance with the measures above until such a time that such measures are introduced.
· Definitions
The following definitions are included in this Regulation and can be consulted if required:
Food law, food business, food business operator, feed, retail, risk, placing in the market, risk, risk analysis, hazard, traceability, primary production, final consumer.
1. General food law
1.1. General objectives
This legislation applies to all stages of production, processing and distribution of food and must be implemented by January 2007 by the latest, except food safety requirements, imported and exported foodstuffs, presentation, responsibilities and traceability which must be implemented by January 2005. All food, which is placed on the market, must be fit for human consumption and must not injure human health according to its intended use. The focus on potential injury to health must be both short- and long-term with due regard to subsequent generations and cumulative effects. If any food within any one lot, batch or consignment is unsafe, the entire lot, batch or consignment must be withdrawn from the market. At all times consumer safety is paramount.
If food complies with Community provisions but is otherwise deemed unsafe, it should not be placed on the market. Where Community law fails to cover a particular product, the law of the appropriate Member State shall be enforced.
1.2. Risk analysis
Risk analysis is the identification and determination of the likelihood of a hazard affecting consumers and the subsequent communication of such a risk. Three components of risk analysis exist: risk assessment, risk management and risk communication. These three principles aim to identify and evaluate potential risks based on sound scientific knowledge and ensure consumers are not misled. Risk analysis is not solely based on scientific analysis, but considers many other product specific concepts, e.g. traditional production factors.
1.3. Precautionary principle
If uncertainty exists on the scientific basis of a potential risk, provisional measures will be implemented to ensure that the public are protected. To avoid trade distortion these measures shall be subject to technical and economic feasibility and review after a reasonable period of time.
1.4. Consumer protection
To avoid consumer deception, a transparent system regarding product choice must be available. Based on specific knowledge, consumers must be assured that food is not hazardous to health, thus maintaining consumer choice.
1.5. Transparency
Food law should only be implemented after public consultation to ensure balanced efficient legislation. If a food presents a risk to health, public authorities shall quickly inform consumers of the nature of the health risk.
1.6. Presentation
The packaging of a product must be clear and accurate, and not misleading to the consumer in any way. Refer to section of labelling, presentation and advertising.
1.7. Responsibilities
1.7.1. Operators
Operators at all stages of production, processing and distribution, must ensure that food products adhere to all aspects of food legislation. If an operator believes a product does not conform to these standards, (i.e. it is unfit for human consumption or injurious human health) it is the operator’s responsibility to initiate procedures to withdraw the product from the market. If this is not attained prior to the product being placed on the market, operators must inform the public of the safety concerns and immediately withdraw the item. This also applies to operators who do not affect packaging, labelling, safety or integrity of the food which are still bound to inform consumers if food is unsafe and assist in tracing such products. The measures taken have to be submitted to the competent authorities to further prevent risks to the consumer.
1.7.2. Traceability
Ensuring that only high quality food reaches the consumer is of vital importance. For this to happen, any food which has been placed on the market but is unfit for human consumption or is likely to injure human health must be quickly traced and withdrawn. To aid this withdrawal, the origin of all food must be well documented at all stages throughout the chain from production to distribution. When enforced in January 2005, this will involve recording operators to whom products have been supplied and from whom they have been received. All records should be available on request for inspection. With this in mind, all products must be thoroughly labelled so the product can easily be identified and traced.
Click here to view our separate section on Traceability.
1.7.3. Trade obligations
Food imported into the Community shall adhere to the requirements of food law, equivalent standards or the specific details under agreements between the Community and exporting countries.
Food exported or re-exported shall adhere to the requirements of food imported unless specific recipient countries have specific additional requirements, especially those under bilateral agreements. For food not complying with these arrangements but NOT posing a threat to human health can be exported or re-exported, assuming the importing country are aware of the reasons why it was not supplied to the Community market and have agreed the importation.
2. European Food Safety Authority (EFSA)
2.1. Introduction
The European Food Safety Authority has been established under this Regulation. This Authority has the brief to provide independent scientific advice on all matters impacting on food safety. The Authority’s brief is wide and covers all stages of food production and supply to final consumers. The communication of activities is seen as a major role to improve the transparency of measures to improve awareness of measures to improve food safety.
2.2. Specific roles
· Provision of scientific opinions for community legislation;
· promote the development of uniform risk analysis;
· provision of scientific and technical support to the Commission and interpretation of risk assessment methodology;
· commissioning of scientific studies;
· search, collect, analyse and summarise scientific and technical data in this field;
· undertake action to identify and characterise emerging risks;
· establishment of a network of organisations operating in relevant fields;
· provision of scientific and technical assistance to the Commission when requested, most notably in times of food and feed crises;
· improvement of international cooperation among Member states, international organisations in this field by providing scientific and technical assistance;
· provision of rapid, reliable, objective and comprehensible information in its fields within it’s mission;
· expression of independent conclusions and orientation on matters of scope; and
· undertake specific Commission designated tasks of under its mission.
Certain aspects regarding the access to EFSA documents and the Agency’s financial aspects were amended by Regulation 1642/2003/EC.
3. Rapid alert system
3.1. Introduction
A network consisting of the Commission, EFSA and Member States is established to create a rapid alert system to allow any serious direct or indirect risks to be disseminated to all network members. It is the responsibility of the Member State to transmit all information to the Commission regarding:
· measures adopted to withdraw a food item to protect human health and requiring rapid action;
· recommendations or agreements with professional operators to prevent, limit or impose specific conditions on the marketing of food which may be a serious risk to human health requiring rapid action; and
· rejections relating to a direct or indirect risk to human health of a batch, container or cargo of food or feed by a competent authority at a border point.
Where a produce is rejected at an EU border post, it is the role of the Commission to notify all border posts in the EU and that of the third country. This is also the case if suspect food has been sent to a third country.
Any product posing in breach of EU regulations must be notified and the Commission produces a list on a weekly basis. This list can be viewed here.
3.2. Emergency Measures
Where food is deemed to be harmful to health, the Commission can request a MemberState takes one or more of the following measures depending on whether the food is of Community origin:
· suspension of the placing of the food on the market of its use;
· laying down special conditions for the food in question; and/or
· any other interim measure;
or imported from a third country:
· suspension of imports from the third country and where applicable any third country of transit;
· laying down special conditions for food in question from all or part of the third country concerned; and/or
· any other appropriate interim measure.
Member states may adopt interim measures where the Commission has not acted in accordance with the measures above until such a time that such measures are introduced.
