EU Food Law: Protecting Consumers and Health in a Common by Caoimhin MacMaolain

By Caoimhin MacMaolain

Foodstuff safeguard is now a subject matter of significant situation all through Europe. within the aftermath of modern alarms over BSE (bovine spongiform encephalopathy, generally known as mad cow disease), avian flu, foot and mouth, e-coli, and so on, the legislations has been noticeable as ill-equipped to answer new crises, usually leading to the taking of legally questionable emergency measures. yet protection isn't the merely trouble: for example, in the neighborhood and domestically produced items now come less than danger from mass produced editions synthetic utilizing inferior caliber constituents and substitute tools of construction, yet are legally marketable below an identical meals identify. but it's tough for nationwide governments or the EC to do so with no breaching group ideas. Subsidies in eu agriculture are one other factor, developing political pressures for Member States, the Union itself, and the WTO. Animal welfare, human nutrients, and human rights are different vital òelements in ecu meals legislation.

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31 Whilst chocolate had to contain a minimum of 35 per cent cocoa, milk chocolate with high milk content was only required to contain 20 per cent cocoa. The United Kingdom and Ireland, along with Denmark, were about to become Member States of what was then called the European Economic Community. Chocolate produced in the United Kingdom and Ireland was traditionally manufactured using 20 per cent cocoa solids and 20 per cent milk solids. Under the terms of the directive this chocolate would have to be marketed as ‘milk chocolate with high milk content’ in the other Member States.

Studies suggest that consumers do not really understand nutrition labelling, and generally do not read it. Member States have sought to instigate their own initiatives in this regard. However, their efforts have been frustrated by EU rules on the free movement of food. 4 Scope of the Book 15 clear terms about how beneficial or detrimental a particular foodstuff may be to their health, mutual recognition limits the range of permissible options to voluntary codes of conduct. Proposed new rules on nutrition claims made for food will remove, or at least reduce, the possibility of those marketing a product making certain claims about the health benefits to be gained from consuming their food where there are also health detriments.

It is unsurprising that Member States adopt this defensive position when the ramifications of the decisions that are made by these institutions can prove problematic for those who seek to preserve high food quality levels, good nutritional values or the preservation of traditional and customary practices. The far-reaching effects of free movement principles, in particular the 47 Article 3 thereof. See, for example, Case C-239/2002, Douwe Egberts NV v Westrom Pharma NV and Christophe Souranis [2004] ECR I-7007, para 46; Joined Cases C-421/2000, C-426/2000 and C-16/2001, Renate Sterbenz and Paul Dieter Haug [2003] ECR I-1065, para 43; and Case C-465/1998, Verein gegen Unwesen in Handel und Gewerbe Köln eV v Adolf Darbo AG [2000] ECR I-2297, para 20.

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