By Bernd Van Der Meulen
Because the flip of the Millennium, world-wide tasks from the personal area have became the regulatory surroundings for meals companies the wrong way up. For the 1st time in criminal literature this e-book analyses inner most legislation tasks with regards to the nutrients chain, sometimes called deepest (voluntary) criteria or schemes. deepest criteria are used to therapy flaws in laws, so one can succeed in better degrees of buyer safeguard than those selected by means of the european legislature and to regulate dangers and legal responsibility past the normal limits of nutrition companies. We see that litigation isn't any longer completely framed through legislative requisites, yet ever extra by way of inner most criteria resembling GlobalGAP, BRC, IFS, SQF and ISO. those inner most criteria include public legislation standards therefore embedding them in contractual kin and exporting them past the jurisdiction of public legislators. different criteria specialise in company social accountability or sustainability. This e-book additionally addresses how deepest non secular criteria equivalent to Kosher and Halal play a job in defining particular markets of turning out to be value. it really is famous that natural criteria have came upon an attractive symbioses with public legislation. one other improvement in this subject is that foodstuff companies are inspected extra frequently via deepest auditors than through public inspectors. results when it comes to receiving or being denied certification some distance outweigh public legislations sanctions. briefly inner most legislations has replaced a whole criminal infrastructure for the meals area. It emerges as competing with the general public legislations regulatory infrastructure. This publication is of curiosity to all who predicament themselves with foodstuff legislations laws and litigation and the evolving position of non-public criteria on altering the panorama of foodstuff chains and innovation
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Additional resources for Private food law: Governing food chains through contract law, self-regulation, private standards, audits and certification schemes
2010. Governing food security. Law, politics and the right to food. Wageningen Academic Publishers, Wageningen, the Netherlands. , Bingen, J. , 1999. Global change in agrifood grades and standards: agribusiness strategic responses in developing countries. International Food and Agribusiness Management Review 2: 421-435. , 2004. The right to adequate food. Food law between the market and human rights. Elsevier, The Hague, the Netherlands. , 2010. The global arena of food law: emerging contours of a metaframework.
What happens if public authorities refer to private standards in calls for tender under EU procurement law? And, to what extent can enforcement bodies in setting their priorities rely on the performance of private quality management systems? The answer to these questions is contested in Dutch case law and practices. It goes without saying that the relevance of these question reaches far beyond the jurisdiction of the Netherlands. Some courts took the position that reference in legislation to private standards endows them with public law status which cannot be done unless they are publicly available the same way as legislation.
Chapter / Topic Background History Theory Concepts Overview International law Effect in 3rd world Individual schemes Standard setting Certification Advertisement Business format Religion Sustainability Environment Organic Fair trade Legislation Public sector Competition law EU policy 1 x x x 2 x x x 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 18 A1 A2 x x x x x x x x x x x x x 18 In the EU, Article 14(1) of EU, 2002. Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
Private food law: Governing food chains through contract law, self-regulation, private standards, audits and certification schemes by Bernd Van Der Meulen