1

Introduction
K. Goodburn, Chilled Food Association, London

1.1

The development of EU food law

EU food safety legislation has evolved over 30 years or so, reflecting a blend of
scientific, social, political and economic factors. As a result, there has, at times,
been little coherence in its development, resulting in over-complex and
fragmented measures and lack of consistency. It is only recently that the EU
has developed a clear policy framework for food law.
The Treaty of Rome (1957) made no reference to guiding principles for food
legislation. The initial approach of the European Commission was to concentrate
on the obligations set out in Article 3 of the Treaty to ensure the free movement
of foodstuffs within the common market. Much of the food legislation in this
period was developed by the Internal Market Directorate General (DGIII). A
good example was the compositional directives which were adopted in the 1970s
concerning honey, sugars, preserved milks, coffee extracts, fruit juices and
nectars, jams, jellies and marmalades and chocolate and chocolate products.
These addressed the problem of differing definitions of such products between
Member States, establishing common compositional and quality requirements
which would allow such products to be traded freely within the common market.
The Commission also began to look at issues of food safety. As an example the
Agriculture Directorate General (DGVI) developed a series of directives
governing the safe production of particular groups of animal products with
detailed rules on methods of production and quality control. Much of this early
legislation was complex and prescriptive and was increasingly criticised for
being inflexible and bureaucratic.
The Commission increasingly recognised the need both for a clear set of
guiding principles in EU food legislation and for a more flexible approach. In

EU food law

1985 it produced a Communication entitled Completion of the Internal Market:

Community Legislation on Foodstuffs setting out a number of objectives for
food legislation. These objectives were to:
protect public health
provide consumers with information and protection in matters other than
health and ensure fair trading (for example by setting appropriate standards
for labelling to allow consumers to make informed choices about food
products)
provide for the adequate and necessary official controls of foodstuffs.

The explicit statement of public health and consumer interests as goals for EU
food regulation was subsequently incorporated into the Single European Act of
1986 and the Maastricht Treaty of 1992. This new direction can be seen, for
example, in the 1990 Directive on nutritional labelling for foodstuffs (Council
Directive 90/496/EEC) which set out standard requirements and formatting for
listing the nutritional content of a food.
The Commission also recognised the need for a less prescriptive and more
flexible approach to food legislation. In response to the conclusions of the
Edinburgh Summit of December 1992, the EC undertook several initiatives to
simplify existing EU food legislation, including a reconsideration of whether
certain items of legislation were necessary, and the removal of unnecessarily
restrictive provisions from existing legislation. For example, in April 1994 the EC
presented a proposal to amend Directive 89/398/EEC on foodstuffs for particular
nutritional purposes (PARNUTS) in order to reduce the number of specific
directives for particular categories of such foods from 8 to 4. The compositional
directives of the 1970s covering such foodstuffs as chocolate and chocolate
products were also simplified. As an alternative to its earlier emphasis on detailed
and prescriptive legislation, the Commission also moved to a more flexible
approach in some areas. An example of this new approach was the 1993 General
Food Hygiene Directive (93/43/EEC). In contrast to the previous detailed rules
covering specific foodstuffs the Directive established the Hazard Analysis and
Critical Control Point (HACCP) system as a generic approach for all sectors of the
food industry to adopt. Rather than relying on detailed requirements from the
Commission, responsibility was given to individual food businesses to develop
HACCP systems appropriate to their needs within a broad framework of minimum
hygiene standards and requirements. The Directive also encouraged the
development of guides on good hygiene practice by food businesses together with
interested parties such as national food agencies and consumer groups.

1.2 The 2000 White Paper on the General Principles of Food

Law
Although the Commission had made a number of important changes in its
approach to food legislation, it recognised that it needed to do more if it was to

Introduction

meet the objectives set out in the mid-1980s, particularly, in such areas as food
safety. During the 1990s in particular, consumer concerns about the content of
their food, its method of manufacture, its safety and impact on their health
increased. These concerns, and increasing criticism of EU food policy, were
fuelled by such crises as that over BSE in meat, and other developments such as
the use of genetically-modified organisms in food manufacture and the
emergence of a new generation of functional foods with major implications
for nutrition and health. Such concerns lay behind the publication in May 1997
of the Commissions Green Paper on the General Principles of Food Law in the
European Union (EC, 1997), which subsequently formed the basis for the White
Paper of January 2000 (EC, 2000a). The White Paper set out a number of
objectives:
to improve the efficiency and coherence of EU food legislation, particularly
in the area of food safety
to restore consumer confidence by the above measures and by improving the
quality of information available to consumers
to extend the scope of EU food regulation by developing an EU-wide
nutrition policy.

To achieve these objectives in the area of food safety, the White Paper set out a
number of guiding principles, including:
restating the overiding importance of consumer health and choice as the
starting point for all EU food legislation
adoption of the precautionary principle
extending the scope of food safety regulation across the entire food chain
from farm to fork including, for example, relevant controls on animal feed
the attribution of primary responsibility for safe food production to industry
producers and suppliers within a framework set out by EU legislation
setting out clear responsibilities for public bodies in setting standards for the
food industry to meet and monitoring industry compliance
establishing traceability as a major responsibility in food production as a
prerequisite both to food safety and effective consumer choice
the provision of independent scientific advice as a sound basis for legislation
and consumer confidence
establishing effective crisis management procedures, including an effective
rapid alert system, to control food safety problems once they arise.

The White Paper set out some 80 separate actions and areas of work to
implement these principles. These actions included plans for a new European
Food Authority (EFA), designed to take over the ECs scientific work on food
matters (EC, 2000b). The EFA will be an independent body which will report its
findings directly to the public, as well as assuming responsibility for the EUs
rapid alert system. Some of the specific tasks it may be required to provide
advice on include:

EU food law

keeping the EU lists on authorised additives up to date and clarifying the

status of enzymes
research on the toxicological effects of substances naturally present in
flavourings
the development of proposals for directives on food supplements and fortified
foods
reviews of food contact materials and their labelling requirements, and
the role of irradiation as a means of food preservation.

The reorganisation of responsibilities between the ECs various Directorate

Generals in February 1997 also reflected the priorities of the White Paper and
need for changes in the development of EU food regulation. Whereas much
early EU food legislation had come from DGIII (Internal Market) and DGVI
(Agriculture), responsibility for scientific advice and legislation governing
consumer health was now given to DGXXIV (Health and Consumer Protection),
known as DG SANCO. There was now a Directorate General formally
responsible for monitoring and improving food safety and for the research and
expertise on which the preparation of EU food law depends (until the EFA is
ready to take over the Directorate Generals work on scientific matters).
Responsibility for the preparation of the relevant legislation remained with
DGIII (Internal Market), DGV (Environment) and DGVI (Agriculture).

1.3

The structure of this book

As this very brief introduction has shown, the lack of an agreed initial strategy
for EU food legislation has given rise to piecemeal development and a number
of changes in direction. These beginnings have produced a sometimes
inconsistent body of EU food law which can be very confusing to the lay
person. This book seeks to cast some much-needed light on this complex and
evolving body of law. It can, of course, only be a snap shot of a picture that is
constantly changing. It is designed as a starting point for all those in the food
chain, from producers to consumers, in grasping some of the key themes of EU
food law. It tries to provide the foundation on which readers can build an
effective understanding of the legislation that affects them.
An initial chapter introduces the key EU institutions and the legislative
process as a foundation for the chapters on particular aspects of EU food law that
follow. That chapter refers to the distinction between horizontal legislation
affecting all foodstuffs and vertical legislation dealing with specific foods.
Most of the chapters in this book deal with horizontal themes. Part I considers
various aspects of food safety from setting appropriate hygiene standards for the
food industry to the control of additives in food, measures for avoiding
contamination from such substances as pesticides, and the regulation of food
contact materials such as packaging. Part II looks at ways EU food law has
sought to provide consumers with the relevant information on which to make the

Introduction

right choice about the food they eat, for example through clear, accurate and
consistent labelling. Finally, Part III contains two case studies which illustrate
how these diverse horizontal themes come together and impact vertically on
a particular foodstuff, looking first at an established ingredient in the
manufacture of many foods, frying oil, and, secondly, at the emerging category
of functional foods which pose new challenges to EU food law makers.

1.4
EC,

References and further reading

1997, Green Paper on General Principles of Food Law in the EU,

European Commission (COM (97)176 final).
EC , 2000a, White Paper on Food Safety, European Commission,
(COM(2000)1).
EC, 2000b, Food law from farm to table creating a European Food Authority,
European Commission Press Release, DN: IP/00/1270, 8 August 2000.
EC, 2000c, European Commission Proposals to Consolidate and Simplify EU
Legislation various proposals, Commission of the European
Communities, COM 2000 438 final.