Draft food law set to trigger harsh criticism

Date: 26/10/00

By Renée Cordes

THE European Commission will spark a storm of controversy next month when it attempts to set out general principles of Union food law for the first time.

The draft regulation, due to be published next month, includes a working definition of 'food' and 'foodstuff' and aims to bring all the objectives of the Union's food safety policy under one umbrella. But it has already been criticised by the industry and consumer groups.

The proposal drafted by consumer chief David Byrne, which will also lay the groundwork for the planned EU food safety agency, is a key part of the Commission's campaign to bolster legislation in this area. "This regulation provides the basis for the assurance of a high level of protection of human life and health and consumers' interest in relation to food," states the draft text, which covers all stages of production and distribution. "In this respect, the efficient functioning of the internal market for food is assured, enabling consumers to have access to safe and wholesome foods."

The proposal defines the general objective of food law as the protection of human and animal health and the environment, and the supply of correct information to consumers. It calls on food and animal feed producers to ensure goods comply with safety rules, which would apply to both imports into the EU and exports to non-Union countries. The draft text also reiterates the 'precautionary principle', under which authorities are required to err on the side of caution if they suspect a possible risk to health.

The Commission had originally planned to propose a new directive, but has decided to push instead for a regulation, which could be implemented more quickly. But consumer and industry officials warn there are many questionswhich must be answered before they can accept the plan.

"This is an important step forward, but this is still a working document and it is appropriate to raise questions," said Beate Kettlitz, a food expert at European consumer group BEUC, which is demanding greater clarity as to how food retailers would be made responsible for ensuring product safety.

Legal experts are also seeking more information about what impact the new provisions would have on their clients, and are calling on the Commission to investigate the potential costs and benefits of the plan before pressing ahead with the reforms.

Some critics claim the document is too general to be effective and needs to be fleshed out. "This is trying to be all things to all people," said one. "It is a greedy document. They are putting everything including the kitchen sink in here." He added that policy-makers needed to make absolutely sure that there were no inconsistencies between the proposed regulation and other areas of Union law.

The European Commission will spark a storm of controversy when it attempts to set out general principles of Union food law for the first time in a draft regulation due to be published in November 2000.