International Food Law and Policy is the first interdisciplinary piece of academic literature of its kind with a comprehensive, reader-friendly approach to teaching the major aspects of food regulation, law, policy, food safety and environmental sustainability in a global context. The sections are grouped by continents and focus on a range of cross-disciplinary subjects, such as public health, international food trade, the right to food, intellectual property and global regulatory aspects of food production. With its systematic approach, this book will be a valuable resource both for professionals working in food regulation and anyone interested in the subject. It provides a solid foundation for courses and master’s programs in environmental management, food law, policy and regulation, and sustainable development around the world.
To all appearances, Europe is at present undergoing a crisis of consumer confidence with respect to the food industry. Recent food scares, the genetically-modified food controversy, a growing public awareness of the environmental footprint of intensive farming methods, and a perceived threat to the deeply-held European cultural values surrounding diet and cuisine all have combined to expose the vulnerability of consumers in the very ordinary activity of purchasing food. Although the creation of the European Food Safety Authority (EFSA) in February 2002 can be viewed as an EU response to this crisis, it in fact represents an inevitable milestone in a body of food-specific European legislation and case law that has been growing for many years. The EFSA does, however, clearly establish food law as an autonomous branch of EU law. This is the first book to survey and analyse this body of law in depth, drawing together the relevant laws and cases and taking stock of the trends and likely future developments in this dynamic and emotive area of law and policy. elucidates the scope of European food law by investigating several avenues and facets of the subject, including the following: its underpinnings in Article 3 of the EC Treaty, on the free movement of goods;the principle of mutual recognition among Member States;case law developments concerning composition of foodstuffs, labelling, sales promotion, advertising, and other aspects of food production and distribution;aims and policies of the January 2000 White Paper on Food Safety issued by the European Commission;appropriate hygiene standards; andauthorisation and labelling of GMOs. Because food is such a central and essential element in society, food law has far-reaching economic, social, and environmental consequences. And because Europe's new food safety regime is intended, by an extraordinary unanimity of Member States and major political groups, to be the most up-to-date and effective in the world, a broad range of legal practitioners and scholars, social scientists, and policymakers will greatly appreciate this thoroughgoing and insightful analysis.
This volume presents the viewpoints of academics, food lawyers, industry and consumer representatives as well as those of EU policymakers on the first ten years of activity of one of the most prominent European agencies. Its broader purpose, however, is to discuss the future role played by EFSA within the rapidly-evolving area of EU food law and policy. By revisiting and discussing the milestones in the history of EFSA, the collection provides forward-looking views of food leaders and practitioners on the future scientific and regulatory challenges facing the European Union. In particular, by presenting a critical assessment of the agency’s activities within its different areas of work, the book offers readers a set of innovative tools for evaluating policy recommendations and better equips experts and the public to address pressing regulatory issues in this emotive area of law and policy. Despite its celebratory mood, the book’s focus is more about the future than the past of EU food law and policy. Each chapter discusses how EFSA’s role has evolved and identifies what it should have done differently while presenting an overall assessment of how the agency has discharged its mandate.
Food Law and Policy surveys the elements of modern food law. It broadens the coverage of traditional food and drug law topics of safety, marketing, and nutrition, and includes law governing environment, international trade, and other legal aspects of the modern food system. The result is the first casebook that provides a comprehensive treatment of food law as a unique discipline. Key Features: Draws together cases with other regulatory materials such as rulemaking documents and agency requests for proposals for grant funding. Focuses on federal law and includes discussion of innovations in food law happening at the municipal, state and federal level. Covers the latest developments in food law.
As the modern food system continues to transform food - its composition, taste, availability, value, and appearance - consumers are increasingly confronted by legal and regulatory issues that affect us all on a daily basis. In Food Law in the United States, Michael T. Roberts addresses these issues in a comprehensive, systematic manner that lays out the national legal framework for the regulation of food and the legal tools that fill gaps in this framework, including litigation, state law, and private standards. Covering a broad expanse of topics including commerce, food safety, marketing, nutrition, and emerging food-systems issues such as local food, sustainability, security, urban agriculture, and equity, this book is an essential reference for lawyers, students, non-law professionals, and consumer advocates who must understand food law to advance their respective interests.
In recent years, there has been increasing recognition of the need for sound regulatory frameworks for bioenergy. Faced with high petroleum and natural gas prices, and increasingly aware of climate change and environmental concerns, many countries are implementing national policies and legislation to encourage bioenergy production and use. These developments stem from the desire to achieve energy security and self-sufficiency, the need to reduce reliance on foreign fossil fuel reserves and the hope of providing increased trade opportunities for some agricultural commodities. Land use, and the competing needs of energy and food security are key issues in the bioenergy debate. International and national regulatory frameworks will have to establish clear guidelines for the sustainable development of the bioenergy industry. This paper aims to stimulate discussion on the elements of appropriate national legal frameworks for bioenergy, particularly in developing countries. It provides legislators and policy-makers with a tool to assist in identifying areas of law which may affect bioenergy regulation, and in designing key elements of national bioenergy laws.
Globalised agriculture and food systems are at the crux of significant issues facing humanity from the rise in diet-related diseases to water pollution and biodiversity loss. Yet, legal scholarship on the regulation of agriculture and food is only now emerging. This timely book provides the first systematic analysis of the public international rules influencing agriculture. Each chapter considers the regulatory instruments that intersect with different components of agricultural systems from land tenure and soils through to agricultural in-puts and trade.
This volume is an inspiring and breakthrough piece of academic scholarship and the first of its kind featuring a comprehensive reader-friendly approach to teach the intricacies of the various aspects of international farm animal, wildlife conservation, food safety and environmental protection law. The selected focus areas are grouped in sections, such as agrobiodiversity, fishing and aquaculture, pollinators and pesticides, soil management, industrial animal production and transportation, and international food trade. Farm animal welfare, environmental protection, biodiversity conservation, and food safety are the core of the selected chapters. Every chapter provides real-world examples to make the complex field easy to understand. With its systematic approach, this book is devoted to anyone interested in the subject, becomes a valuable resource for professionals working in food regulation, and provides a solid foundation for courses and master’s programs in animal law, environmental policy, food and agriculture law, and regulation of these subjects around the world. Through its emphasis on sustainable food production, this work offers a cutting-edge selection of evolving topics at the heart of the pertinent discourse. As one of its highlights, this books also provides “Tools for Change,” a unique compilation and analysis of laws from the major farm animal product trading nations. With these tools, practitioners, advocates, policy makers and other state-holders are equipped with information to start work toward improving farm animal welfare, wildlife conservation, and food safety through the use of law and policy.
The book offers a succinct overview of key topics and core concepts for food scientists, quality managers, and others who need to understand the regulation of food and dietary supplements in the U.S. It was designed and modeled after a six-week introduction to food law course currently taught at Northeastern University, and serves as a practical tool for regulatory professionals. The book includes a chapter on each major topic, with summations of the legislative history and general legal landscape. Each chapter focuses the reader on major and emerging issues encountered by facilities. A comparative law section at the end of every chapter offers readers an ability to view alternative methods of regulation and enforcement. This design is unique and allows students and working professionals alike to understand core concepts and the practical application of the law to their work. Using a modified casebook method approach, the book also serves as a practical tool for regulatory professionals.
This is the first comprehensive analysis of the European Union law of food regulation. It details the way in which EU law impacts upon the production and sale of food throughout the Union. It examines the legal protection accorded to the free movement of food within the EU, discussing those circumstances in which Member States may derogate from this principle, in particular where this is done to protect human health or safeguard consumer interests. Chapter four discusses and places in context the international trade law influences on EU food law. Chapter five describes EU responses to recent food safety crises - avian influenza and BSE. The book also deals with issues such as nutrition law and policy, obesity, GMOs, organic food, animal welfare and food naming and labelling. This book offers an account of the historical, political, sociological and jurisprudential context of European Union food law. The author, who is an academic and consultant in this area, translates the legal and scientific complexities of food law into a lucid and compelling narrative. The resulting work will also prove an indispensable guide to the practitioner.
The aquaculture industry is fast expanding around the globe and causing major environmental and social disruptions. The volume is about getting a 'good governance' grip on this important industry. The book highlights the numerous law and policy issues that must be addressed in the search for effective regulation of aquaculture. Those issues include among others: the equitable and fair assignment of property rights; the design of effective dispute resolution mechanisms; clarification of what maritime laws apply to aquaculture; adoption of a proper taxation system for aquaculture; resolution of aboriginal offshore title and rights claims; recognition of international trade law restrictions such as labeling limitations and food safety requirements; and determination of whether genetically modified fish should be allowed and if so under what controls. This book will appeal to a broad range of audiences: undergraduate and postgraduate students, academic researchers, policy makers, NGOs, practicing lawyers and industry representatives.
This collection of essays analyses the European Union's involvement in global emergencies from a law and policy perspective. Bringing together leading academics and officials from the European Union institutions, the book offers an expert account of the theoretical and practical issues the EU faces when dealing with global emergencies. The subjects covered are highly topical and include the financial and debt crises, regional security and the fight against terrorism, public health and food scares, human trafficking and energy security.
The steady expansion of the European Union’s involvement in health over the past 20 years has been accelerated by recent events. This handbook offers an up-to-date analytical overview of the most important topics in EU health law and policy. It outlines, as far as possible, the direction of travel for each topic and suggests research agenda(s) for the future.
With only five years left until the 2015 deadline to achieve the Millennium Development Goals, food security still is a dream rather than reality: 'a situation that exists when all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life'. Political commitments at world summits on food security, market-based agricultural policies, science-based food safety regulation and voluntary guidelines on the right to food have not ended hunger, malnourishment or food safety crises in our world. The question arises whether food insecurity is a situation that exists in spite of these commitments and legal measures, or rather due to them? This book has three purposes. Firstly, it offers insights in how law, politics and the right to food contribute to food security in both positive and negative ways. For this purpose, different theories, concepts and methodologies from legal, political, anthropological and sociological sciences are used and developed. Secondly, the book explains that food security and food policies cannot be treated as given, at one level or in one domain only. This is done in different ways: by pointing out the emergence of new paradigms on food security, human rights and science that shape food policies; by showing how law and policies at one level affect food security at another level; and by treating food security and food policies as linked to governance regimes of agriculture, food, feed, water or property. Finally, the book offers scholarly analysis of paradigms and practices but also presents social science-based ways to indirectly contribute to food security, varying from improving justiciability to building trust, from seeking ways to address non-scientific concerns to creating room for plurality of lifestyles and norms, from unmasking dominant discourse to understanding or strengthening abilities or arrangements to cope with vulnerability.
This 2007 book examines environmental law from a range of perspectives, emphasising the policy world from which environmental law is drawn and nourished. Those working within the discipline of environmental law need to engage with concepts and methods employed by disciplines other than law. The authors analyse the ways in which legal activities are supported and legitimated by work in traditional scientific or technical domains, as well as by certain more obscure but also influential cultural or philosophical assumptions. A range of regulatory techniques is explored in this book, through a close examination of both pollution control and land use. The highly complex nature of current environmental problems, demanding sophisticated and responsive legal controls, is illustrated by several in-depth case studies, including legal and policy analysis of the highly contested issues of genetically modified organisms and renewable energy projects.
Public and Environmental Health Law is a successor to Public Health Law and Regulation 2nd edition and offers a critical and up to date assessment of the legislation, cases and policies that impact on public health practice in Australia and New Zealand. As with earlier editions, this book outlines and discusses laws in a range of important areas including environmental health, food safety, communicable disease, obesity, tobacco and alcohol, the human health impacts of pollution control and planning law. Particular focus is given to new directions in public and environmental health law including the risk based approaches reflected in recent legislation and statutory duties to protect public health. New issues are also raised and discussed, including sustainability, the challenges of climate change, preparedness for pandemics and other public health emergencies and health impact assessment. Introductory chapters set public and environmental health law in the context of the wider legal system and discuss issues such as its constitutional structure, international trends and obligations, rights questions including natural justice and the proper exercise of statutory power by officers. The principles of legislation and its interpretation and the laws of evidence, with a particular focus on the use of epidemiological data as evidence, are also examined. Public and Environmental Health Lawis designed for students of environmental health and public health, for environmental health officers, medical officers and others working in the field and for all persons interested in the potential for law and legislation to further the practice of public health. It is written in a way that highlights the potential for law to act strategically, as a tool for improving public health outcomes, is extensively referenced to statutes and cases and is accompanied by a detailed bibliography.
This book provides a broad conspectus on the application of EU and international regulation of the food sector on English law. It is aimed at practitioners and students of this vital and emerging branch of law, which has become an important part of current political and legal debate. It is written not just for lawyers as a statement of current law, but is also aimed at all those involved or interested in the food industry who wish to familiarise themselves with how the law is applied practically in this jurisdiction. The book commences with a short conceptual framework for the study of food law. It then provides a comprehensive and up-to-date account of current English law, explaining fully the detailed processes by which both international and national law and EU decision making have impacted upon most aspects of the production, sale and consumption of food in England. The book explains and assesses the operation of the current law by describing in detail the roles of Government, the Food Standards Agency and local enforcement authorities in the making and enforcing of laws concerning food. The work contains full outlines of the developments in the most significant areas of food law. It concentrates specifically on topics such as food labelling and advertising, quality and compositional requirements, geographical food names, genetic modification, organic production, animal welfare and also the role of law in tackling poor health, obesity, and diet-related disease. The book, though primarily designed as a law text, goes beyond the usual confines of such works. It sets out to explain and describe the impact of successive food crises, such as BSE and the use of horsemeat in beef products, on food safety and transparency requirements. The book considers and assesses how the existing rules on the chemical and biological safety of food impact on our law, and concludes with a review of the developing legal issues concerning the environmental impacts of current and proposed food law, in particular the relationship between food law, climate change and food security.
The international trade in food and the role of the World Trade Organisation are analyzed and the book also contains a section devoted to the issue of Genetically Modified Organisms, in which the legal, ethical and political issues arising in relation to the genetic modification of crops, with regard to both consumer protection and protection of the environment, are examined.
C.O.OKIDl1 I welcome the opportunity to prepare a Foreword to the book on Environmental Policy and Law in Africa, edited by Kevin R. Gray and Beatrice Chaytor. It is a pleasure to do that because the book is a contribution to the cause of capacity building for development and implementation of environmental law in Africa, a goal towards which I have had an undivided focus over the last two decades. There is still some belief in and outside Africa that for developing countries in general, and Africa in particular, development and implementation of environmental law is not a priority. This belief prevails strongly in many quarters of the industrialised countries. In fact, the view is held either out of blatant ignorance or by some renegade industrialists who fail to appreciate Michael Royston's 1979 thesis that Pollution Prevention Pays.2 That group, for obvious reasons, must have their correspondent counterparts in Africa to provide hope that industries rejected as derelict in the West or inoperable due to rigorous environmental regulation, can find homes to which they can escape and dump their polluting industries.