Abstract
AbstractWhat type of enforcement is the most effective to punish violations of food law or to prevent them from occurring in the first place? This article examines the question of which mix of private and public enforcement exists in European Union (EU) food law and whether this mix corresponds to the recommendations of existing social science research. Based on this research, we contend that EU-determined enforcement mechanisms differ in effectiveness across Member States. New technologies have the potential to stimulate a novel mix of public and private enforcement tools at the EU and national levels.
Highlights
In 2015, Bavarian media uncovered an outbreak of salmonella at the agricultural company Bayern-Ei.[1]
What type of enforcement is the most effective to punish violations of food law or to prevent them from occurring in the first place? This article examines the question of which mix of private and public enforcement exists in European Union (EU) food law and whether this mix corresponds to the recommendations of existing social science research
EU food law enforcement entail elements of public and private kind: Article 17 of the General Food Law establishes a dual system of compliance control by food business operators and enforcement by Member States
Summary
In 2015, Bavarian media uncovered an outbreak of salmonella at the agricultural company Bayern-Ei.[1]. The question is whether it is more effective to entrust private actors (food business operators or consumers) with food law enforcement or to vest such powers in public actors. Private and public enforcement in EU food law Regulation (EC) No 178/200213 (“General Food Law”) lays down the basic systembuilding principles and rules of EU food law, including its enforcement.[14] EU food law enforcement entail elements of public and private kind: Article 17 of the General Food Law establishes a dual system of compliance control by food business operators and enforcement by Member States. Article 17(2) of the General Food Law places the onus on Member States to ensure effective public enforcement. Member States have discretion to introduce “other activities as appropriate to the circumstances”, such as measures facilitating private enforcement
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