The Food & Product Liability Bulletin for the period up to February 2004 has recently been published. The Bulletin reviews recent European and UK court decisions that will have a particular impact on food producers and those connected with the food industry. It looks at new developments in the area of food regulation and guidance and provides a summary of recent consultations.
The following chapters are included in the Bulletin:
- Recent food and product liability cases;
- New and proposed laws and regulations;
- Consumer protection proposals and developments;
- Articles/News;
- Current consultations.
The editorial of the bulletin is provided below to give an overview of the main aspects covered.
To obtain your hard copy of the Bulletin please click here.
Editorial
GMO
The major development has occurred in the regulation of Genetically Modified Organisms or "GMOs". The new EU GMO Framework Regulations have been introduced:
- Regulation 1829/2003/EC of 22 September 2003 on genetically modified food and feed.
- Regulation 1830/2003/EC of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC.
The main practical effects of these Regulations are discussed at pages 10 and 11 of this bulletin. This new GM era will have a profound effect on traceability requirements, as well as labelling. Consumer concern remains high and this will be a time for producers to assess what route they propose taking.
U.S.
Other main developments include that of the coming into force in December 2003 of provisions under the Bioterrorism Act in the US, which require all food facilities exporting to the US to be registered with the American Food and Drug Administration (FDA) and to give prior advice of shipments heading to American ports. A US agent will be required and extra consideration should be given to ensure that all agents and contractors are aware of these requirements.
Europe
European developments are continuing both in relation to the fortification of foods with vitamins and minerals where a commission proposal for common rules has now been published and for a revision to EU law on materials which come into contact with food.
FSA
Specifically in relation to the UK the FSA is continuing with the debate it has begun on childhood obesity and advertising and is consulting on options which are to be recommended to government early this year. Also under consultation is alternative wording to "may contain" statements, and steps are being taken by the FSA to produce industry guidelines for traceability in food business.
In this "bumper" edition, an additional review has been added at pages 15 and 16 on EU consumer protection developments.
For more information on any topic contained in the Food & Product Liability Bulletin please contact Jessica Burt at jessica.burt@cms-cmck.com or +44 (0) 207 367 3589
