The clause in the General Food Regulations 2004 that enacts EC Directive on Food Safety

I am very grateful to twitter user @ABCfoodsafety for pointing out that this Clause in the General Food Regulations 2004 is the enabling text for the European rules on food safety.

Requirements under Regulation (ECNo. 178/2002 : offences

4.  Any person who contravenes or fails to comply with any of the following provisions of Regulation (EC) No. 178/2002 shall be guilty of an offence —

(a)Article 14(1) (food safety requirements);

(b)Article 16 (presentation) in so far as it relates to food;

(c)Article 18(2) or (3) (traceability) in so far as it relates to food business operators;

(d)Article 19 (responsibilities for food : food business operators).

Here’s the Directive relating to the above law:

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 
Official Journal L 031 , 01/02/2002 P. 0001 – 0024

Relevant articles from the Directive:

Article 16 – Presentation

Without prejudice to more specific provisions of food law, the labelling, advertising and presentation of food or feed, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, shall not mislead consumers.

Article 18 – Traceability

1. The traceability of food, feed, food-producing animals, and any other substance intended to be, or expected to be, incorporated into a food or feed shall be established at all stages of production, processing and distribution.

2. Food and feed business operators shall be able to identify any person from whom they have been supplied with a food, a feed, a food-producing animal, or any substance intended to be, or expected to be, incorporated into a food or feed.

To this end, such operators shall have in place systems and procedures which allow for this information to be made available to the competent authorities on demand.

3. Food and feed business operators shall have in place systems and procedures to identify the other businesses to which their products have been supplied. This information shall be made available to the competent authorities on demand.

4. Food or feed which is placed on the market or is likely to be placed on the market in the Community shall be adequately labelled or identified to facilitate its traceability, through relevant documentation or information in accordance with the relevant requirements of more specific provisions.

5. Provisions for the purpose of applying the requirements of this Article in respect of specific sectors may be adopted in accordance with the procedure laid down in Article 58(2).

1 comment so far ↓

#1 Jamie McMillan on 02.17.13 at 1:50 pm

Just before the horsemeat thing, DEFRA had decided to ignore the EFSA advice on neonicotinoid pesticides – that they were only safe for use in greenhouses.

Not sure what the point of EFSA is if the individual countries can just ignore them.

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