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The General
Principles of Food Law (Articles 5 to 10)
entered into force on 21 February 2002 and must
be followed when measures are taken. Existing
food law principles and procedures must be
adapted by 1 January 2007 in order to comply
with the general framework established by
Regulation
EC/178/2002
.
The food law aims at
ensuring a high level of protection of human
life and health, taking into account the
protection of animal health and welfare, plant
health and the environment. This integrated
"farm to fork" approach is now considered a
general principle for EU food safety
policy.
Food law, both at
national and EU level, establishes the rights
of consumers to safe food and to accurate and
honest information. The EU food law aims to
harmonise existing national requirements in
order to ensure the free movement of food and
feed in the EU.
The food law
recognises the EU's commitment to its
international obligations and will be developed
and adapted taking international standards into
consideration, except where this might
undermine the high level of consumer protection
pursued by the EU.
The Regulation
establishes the principles of risk analysis in
relation to food and establishes the structures
and mechanisms for the scientific and technical
evaluations which are undertaken by the
European Food Safety Authority (EFSA).
Depending on the
nature of the measure, food law, and in
particular measures relating to food safety
must be underpinned by strong science. The EU
has been at the forefront of the development of
the risk analysis principles and their
subsequent international acceptance. Regulation
EC 178/2002 establishes in EU law that the
three inter-related components of risk analysis
(risk assessment, risk management and risk
communication) provide the basis for food law
as appropriate to the measure under
consideration. Clearly not all food law has a
scientific basis, e.g. food law relating to
consumer information or the prevention of
misleading practices does not need a scientific
foundation.
Scientific assessment
of risk must be undertaken in an independent,
objective and transparent manner based on the
best available science.
Risk management is
the process of weighing policy alternatives in
the light of results of a risk assessment and,
if required, selecting the appropriate actions
necessary to prevent, reduce or eliminate the
risk to ensure the high level of health
protection determined as appropriate in the
EU.
In the risk
management phase, the decision makers need to
consider a range of information in addition to
the scientific risk assessment. These include,
for example, the feasibility of controlling a
risk, the most effective risk reduction actions
depending on the part of the food supply chain
where the problem occurs, the practical
arrangements needed, the socio-economic effects
and the environmental impact. Regulation
EC/178/2002 establishes the principle that risk
management actions are not just based on a
scientific assessment of risk but also take
into consideration a wide range of other
factors legitimate to the matter under
consideration.
Food safety and the
protection of consumer interests are of
increasing concern to the general public,
non-governmental organisations, professional
associations, international trading partners
and trade organisations. Therefore, the
Regulation establishes a framework for the
greater involvement of stakeholders at all
stages in the development of food law and
establishes the mechanisms necessary to
increase consumer confidence in food law.
This consumer
confidence is an essential outcome of a
successful food policy and is therefore a
primary goal of EU action related to food.
Transparency of legislation and effective
public consultation are essential elements of
building this greater confidence. Better
communication about food safety and the
evaluation and explanation of potential risks,
including full transparency of scientific
opinions, are of key importance.
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