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Summary Food Law (LAW22806)

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(LAW22806)

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Wageningen University (WUR)

This summary was written in the academic year . It is based on the lectures. The book referenced to in the lectures is: Food Law reader. Additionally, mandatory literature in the lectures is noted as well. Topics covered in the summary: - Notes from all lectures. - Relevant legislation. Gra...

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Type Samenvatting

law
general food law
food law
official controls
food safety
food quality
regulation
directive
farm to fork
chemical food safety
food contact materials
claim
organic
novel food
label

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© 2023 J. de Jong

Food Law (LAW22806)
This summary was written in the academic year 2023-2024. It is based on the lectures. The book
referenced to in the lectures is: Food Law reader (2023-2024). Additional, mandatory literature in
the lectures is noted as well.

You may highlight, underline and circle in the reader, and use unlabelled post-it stickers (with name
of the law) → NO writing. The exam consists of only multiple choice questions, consisting of 1-4 out
of 4 correct answers.

Contents
Food Law (LAW22806) ............................................................................................................................ 1
Lecture 1: introduction to EU food law................................................................................................... 2
Lecture 2: internal market and mutual recognition ............................................................................... 6
Lecture 4: The General Food Law Regulation (GFLR)............................................................................ 10
Lecture 5: official controls..................................................................................................................... 14
Lecture 6: food technology and pre-market authorisation schemes ................................................... 17
Lecture 7: food Safety Law - different types of hazard......................................................................... 19
Lecture 8: consumer information → labelling (FIC) .............................................................................. 25
Lecture 9: nutrition labelling & nutrition and health claims ................................................................. 29
Lecture 10: food quality law ................................................................................................................. 33
Lecture 11: sustainability & nutrition and health in EU food law ......................................................... 38
Lecture 12: chemical food safety legislation ........................................................................................ 42
Lecture 13: food contact materials & single-use plastics ..................................................................... 46
Mandatory literature ............................................................................................................................ 51
Lecture 3: database training ................................................................................................................. 52

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Lecture 1: introduction to EU food law

Learning outcomes
• Participants are exposed to law, legal sources and legal argumentation and acquire an open
attitude and emergent confidence towards engaging in legal analysis.
• Participants can explain the legal foundations of the EU, how EU legislation is made, and
identify which institutions are involved in the law-making process.
• Participants can provide a historical perspective on why EU food law is the way it is, and they
can explain the major phases and their drivers in the policy making processes for EU food
policy.
• Participants can analyse how politics influence policies, and how policies translate into
legislation.
• Students can outline the vision of the European Commission on the future of European food
law (Farm to Fork Strategy).
• The acquired knowledge on policy law-making processes allows participants to predict future
food law developments.

Foundation of the European Union
The European Union is based on treaties. The Lisbon treaty (2009) was the last treaty change in the
EU. Changing the treaty requires huge political effort and consensus. The treaty sets up certain
institutions to set up laws. It also states laws and procedures for designing laws. The main four EU
institutions are:
• European Commission → propose laws.
• European Parliament + Council of the EU → pass laws.
• European Council → determine political direction.

The work of these 4 main EU institutions, which covers the legislative and executive tasks of the EU,
is complemented by the work of another 3 EU institutions: the Court of Justice of the European
Union, the European Central Bank and the European Court of Auditors. These 3 institutions are
responsible for managing the judicial, financial and external audit aspects of the European Union.

Institution Description
European Commission The European Commission represents the common interests of the EU
and is the EU’s main executive body. It uses its ‘right of initiative’ to put
forward proposals for new laws, which are scrutinised and adopted by
the European Parliament and the Council of the European Union. It also
manages EU policies (except for the Common Foreign and Security
Policy, which is conducted by the High Representative for CFSP, Vice-
President of the European Commission), and the EU’s budget and
ensures that countries apply EU law correctly. Representation offices act
as the Commission’s voice across the EU. They monitor and analyse
public opinion in their host country, provide information about EU
policies and the way the EU works, and facilitate the Commission’s
cooperation with the host member country.
European Parliament The European Parliament represents the citizens of EU countries and is
directly elected by them. It takes decisions on European laws jointly with
the Council of the European Union. It also approves the EU budget. It
runs a network of liaison offices in EU capitals, London, Edinburgh and
Washington D.C.

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Council of the Represents the governments of EU countries. The Council of the EU is
European Union where national ministers from each government meet to adopt laws and
coordinate policies. Ministers meet in different configurations depending
on the topic to be discussed. The Council of the EU takes decisions on
European laws jointly with the European Parliament.
European Council The heads of state or government of the EU countries meet, as the
European Council, to define the general political direction and priorities
of the European Union. The European Council is chaired by a president
who is elected for a 2.5-year term, renewable once. It does not adopt
laws except for possible EU Treaty amendments.
Court of Justices of the The Court ensures that EU law is followed, and that the Treaties are
European correctly interpreted and applied: it reviews the legality of the acts of
Communities the EU institutions, ensures that EU countries comply with their
obligations under the Treaties, and interprets EU law at the request of
national courts.
European Court of The ECA contributes to improving EU financial management, and
Auditors promoting accountability and transparency, and acts as the independent
guardian of the financial interests of EU citizens. It checks that EU funds
are correctly accounted for, that they are raised and spent in accordance
with the relevant rules and regulations, and that they deliver value for
money.
European Central The ECB and the European System of Central Banks are responsible for
Bank keeping prices stable in the euro area. They are also responsible for the
monetary and exchange rate policy in the Eurozone and support EU
economic policies.

Types of legal acts
Every action taken by the EU is founded on the treaties. Treaties are the starting point for EU law
and are known in the EU as primary law. The body of law that comes from the principles and
objectives of the treaties is known as secondary law; and includes regulations, directives, decisions,
recommendations and opinions.

Legal act Description
Treaty The treaties lay down the objectives of the European Union, the rules for
EU institutions, how decisions are made and the relationship between
the EU and its member countries. The EU treaties have from time to time
been amended to reform the EU institutions and to give it new areas of
responsibility. They have also been amended to allow new EU countries
to join the EU. The treaties are negotiated and agreed by all the EU
countries and then ratified by their parliaments, sometimes following a
referendum.
Regulation Regulations are legal acts that apply automatically and uniformly to all
EU countries as soon as they enter into force, without needing to be
transposed into national law. They are binding in their entirety on all EU
countries.
Directive Directives require EU countries to achieve a certain result, but leave
them free to choose how to do so. EU countries must adopt measures to
incorporate them into national law (transpose) in order to achieve the
objectives set by the directive. National authorities must communicate
these measures to the European Commission. Transposition into
national law must take place by the deadline set when the directive is

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adopted (generally within 2 years). When a country does not transpose a
directive, the Commission may initiate infringement proceedings.
Decision A decision shall be binding in its entirety. A decision which specifies
those to whom it is addressed shall be binding only on them.
Recommendation Recommendations allow the EU institutions to make their views known
and to suggest a line of action without imposing any legal obligation on
those to whom it is addressed. They have no binding force.
Opinion An 'opinion' is an instrument that allows the EU institutions to make a
statement, without imposing any legal obligation on the subject of the
opinion. An opinion has no binding force.
Delegated act Delegated acts are legally binding acts that enable the Commission to
supplement or amend non‑essential parts of EU legislative acts, for
example, in order to define detailed measures. The Commission adopts
the delegated act and if Parliament and Council have no objections, it
enters into force.
Implementing act Implementing acts are legally binding acts that enable the Commission –
under the supervision of committees consisting of EU countries’
representatives – to set conditions that ensure that EU laws are applied
uniformly.

Establishment of EU food law

The sources of EU food law are:
1. EU treaties
2. General food law
3. Specific regulations

Over time there have been four main political paradigms that shaped food law:
1. Agricultural Policy
2. Common Market
3. Food Safety Law
4. Sustainability Strategy (Farm to Fork)

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