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Bernd Van Der Meulen - One of the best experts on this subject based on the ideXlab platform.
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ei4fl style guide guidelines instructions and best practices for authors of european institute for Food Law working papers
Social Science Research Network, 2020Co-Authors: Bernd Van Der MeulenAbstract:This paper provides guidance to authors of European Institute for Food Law working papers. It discusses topics such as the template, style, referencing, lay out, the use of illustrations, and posting a paper online.
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genetiği değiştirilmiş gidalara avrupa birliği nin hukuki yaklaşimi turkish language rendering of a legal systematic analysis of eu Law on genetically modified organisms
Social Science Research Network, 2019Co-Authors: Bernd Van Der Meulen, Aylin şule SongulAbstract:Turkish Abstract: Ozet: Turkce’ye cevirisi Aylin Şule Songul tarafindan yapilan soz konusu calisma Bernd van der Meulen tarafindan Kansas Universitesi Hukuku Fakultesi’nde (ABD) sunulan Yargic Nelson Timothy Stephens’in AB’nin genetigi degistirilmis gidalara yaklasimi hakkindaki dersinin yazili metnini saglamaktadir. Hukuksal sistematik analiz AB Gida Hukuku’nun gerisindeki gorunum hakkinda genel bilgi saglamaktadir. Onay prosedurunu, izlenebilirlik sartlarini, genetigi degisikligin etiketlenmesini, sorumluluklari ve uygulanmasi konularini tartismaktadir. English Abstract: The current paper provides a rendering in Turkish language by Aylin Şule Songul of the written version of the Judge Nelson Timothy Stephens Lecture presented by Bernd van der Meulen at University of Kansas School of Law (USA) on the EU Regulatory approach to GM Foods. The legal systematic analysis provides a general background on EU Food Law. It discusses the authorisation procedure; the risk analysis methodology, EFSA’s role in risk assessment; the one-door-one-key principle; traceability requirements; GM labelling; liability and enforcement.
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the safe Food principle a critical reflection on the key concept of eu Food safety Law
2018Co-Authors: Bernd Van Der MeulenAbstract:The most fundamental notion underlying the reform of EU Food safety Law has been codified in Article 14(1) of Regulation (EC) 178/2002: Food shall not be placed on the market if it is unsafe. This notion has been elaborated in most of the rest of EU Food Law, first and foremost in the other paragraphs of Article 14. This contribution analyses Article 14 and argues in favour of a text-conform interpretation.
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codex alimentarius the impact of the joint fao who Food standards programme on eu Food Law
2018Co-Authors: Bernd Van Der MeulenAbstract:The FAO and the WHO have set up a joint Food standards programme with at its core the Codex Alimentarius Commission. The Codex Alimentarius Commission has a membership base of its own. It adopts standards by consensus of its member countries, based on the scientific input from risk assessment bodies that also form part of the joint FAO/WHO Food standards programme. The purpose of the standards of the Codex Alimentarius is to harmonise national and regional Food legislation at a global level. This paper explores to what extent the influence of the Codex Alimentarius is actually present in EU Food Law. To this end, it identifies the major fields of EU Food Law on the basis of a pre-existing framework for analysis. The paper shows that the Codex Alimentarius is present in all these major fields in concepts, methods, principles and rules of conduct for Food businesses.
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china s Food safety Law legal systematic analysis of the 2015 Food safety Law of the people s republic of china
2018Co-Authors: Jasmin Buijs, Bernd Van Der Meulen, Li JiaoAbstract:The rising interest in the agri-Food sector of the People’s Republic of China (PRC) comes along with legal questions about import requirements and the interpretation of the PRC’s agri-Food Law in general. The Food Safety Law of the People's Republic of China of 2015 (FSL) is the basis of China’s Food regulatory system. This paper discusses the institutional framework in which the Law is embedded, its objectives, and linked therewith its relation with science. This paper also covers specific obligations that derive from the FSL and legal liability in case of non-compliance thereof. Addressing the who, what, and how of the FSL, this paper aims to contribute to a comprehensive and systematic analysis of the PRC’s agri-Food Law in the European civil Law tradition of legal scholarship.
Simon Pettman - One of the best experts on this subject based on the ideXlab platform.
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European Regulations on Food Supplements, Fortified Foods, Dietetic Foods, and Health Claims
Nutraceutical and Functional Food Regulations in the United States and Around the World, 2014Co-Authors: Patrick Coppens, Simon PettmanAbstract:This article reviews the various rules that may be of importance in the marketing of “functional Foods” in the European Union. It takes the reader through the basic principles of EU Food Law as applied through the General Food Law Regulation. It also covers the most recent legislation established or under way in the area of Food Supplements, Fortified Foods, Dietetic Foods and Nutrition and Health Claims. The article describes the way in which risk analysis is applied through legislation and focuses in particular on the use of botanicals in Food supplements. It illustrates that political considerations have become more significant in recent years in the development of legislation having a fundamental impact on the legal framework or resulting in important initiatives being placed on hold, in particular in the area of botanicals, dietetic and novel Foods.
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european regulations on nutraceuticals dietary supplements and functional Foods a framework based on safety
Toxicology, 2006Co-Authors: Patrick Coppens, Miguel Fernandes Da Silva, Simon PettmanAbstract:Abstract This article describes the legislation that is relevant in the marketing of functional Foods in the European Union (EU), how this legislation was developed as well as some practical consequences for manufacturers, marketers and consumers. It also addresses some concrete examples of how the EU's safety requirements for Food products have impacted a range of product categories. In the late nineties, research into functional ingredients was showing promising prospects for the use of such ingredients in Foodstuffs. Due mainly to safety concerns, these new scientific developments were accompanied by an urgent call for legislation. The European Commission 2000 White Paper on Food Safety announced some 80 proposals for new and improved legislation in this field. Among others, it foresaw the establishment of a General Food Law Regulation, laying down the principles of Food Law and the creation of an independent Food Authority endowed with the task of giving scientific advice on issues based upon scientific risk assessment with clearly separated responsibilities for risk assessment, risk management and risk communication. Since then, more than 90% of the White Paper proposals have been implemented. However, there is not, as such, a regulatory framework for ‘functional Foods’ or ‘nutraceuticals’ in EU Food Law. The rules to be applied are numerous and depend on the nature of the Foodstuff. The rules of the general Food Law Regulation are applicable to all Foods. In addition, legislation on dietetic Foods, on Food supplements or on novel Foods may also be applicable to functional Foods depending on the nature of the product and on their use. Finally, the two proposals on nutrition and health claims and on the addition of vitamins and minerals and other substances to Foods, which are currently in the legislative process, will also be an important factor in the future marketing of ‘nutraceuticals’ in Europe. The cornerstone of EU legislation on Food products, including functional Foods and nutraceuticals is ‘safety’. Decisions on the safety-basis of legislation are based on risk analysis, in which scientific risk assessment is performed by the European Food Safety Authority and risk management is performed by the European Commission, the Member States, and in case of legislation, together with the European Parliament. In the risk management phase, both the precautionary principle and other legitimate factors may be considered in choosing the best way of dealing with an issue. Due to the numerous pieces of legislation applying and to the different procedures to be followed, the process of having ‘functional Foods’ ready for the market is certainly a costly and time-consuming task. However, it may also be clearly worth it in terms of market success and improved consumer health.
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european regulations on nutraceuticals dietary supplements and functional Foods a framework based on safety
Toxicology, 2006Co-Authors: Patrick Coppens, Miguel Fernandes Da Silva, Simon PettmanAbstract:This article describes the legislation that is relevant in the marketing of functional Foods in the European Union (EU), how this legislation was developed as well as some practical consequences for manufacturers, marketers and consumers. It also addresses some concrete examples of how the EU's safety requirements for Food products have impacted a range of product categories. In the late nineties, research into functional ingredients was showing promising prospects for the use of such ingredients in Foodstuffs. Due mainly to safety concerns, these new scientific developments were accompanied by an urgent call for legislation. The European Commission 2000 White Paper on Food Safety announced some 80 proposals for new and improved legislation in this field. Among others, it foresaw the establishment of a General Food Law Regulation, laying down the principles of Food Law and the creation of an independent Food Authority endowed with the task of giving scientific advice on issues based upon scientific risk assessment with clearly separated responsibilities for risk assessment, risk management and risk communication. Since then, more than 90% of the White Paper proposals have been implemented. However, there is not, as such, a regulatory framework for 'functional Foods' or 'nutraceuticals' in EU Food Law. The rules to be applied are numerous and depend on the nature of the Foodstuff. The rules of the general Food Law Regulation are applicable to all Foods. In addition, legislation on dietetic Foods, on Food supplements or on novel Foods may also be applicable to functional Foods depending on the nature of the product and on their use. Finally, the two proposals on nutrition and health claims and on the addition of vitamins and minerals and other substances to Foods, which are currently in the legislative process, will also be an important factor in the future marketing of 'nutraceuticals' in Europe. The cornerstone of EU legislation on Food products, including functional Foods and nutraceuticals is 'safety'. Decisions on the safety-basis of legislation are based on risk analysis, in which scientific risk assessment is performed by the European Food Safety Authority and risk management is performed by the European Commission, the Member States, and in case of legislation, together with the European Parliament. In the risk management phase, both the precautionary principle and other legitimate factors may be considered in choosing the best way of dealing with an issue. Due to the numerous pieces of legislation applying and to the different procedures to be followed, the process of having 'functional Foods' ready for the market is certainly a costly and time-consuming task. However, it may also be clearly worth it in terms of market success and improved consumer health.
Michael T. Roberts - One of the best experts on this subject based on the ideXlab platform.
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China Food Law Update: The 2015 Food Safety Law and Social Governance on Food Safety
2016Co-Authors: Michael T. Roberts, Ching-fu LinAbstract:This update of China Food Law builds on a unique feature for the Journal of Food Law & Policy that has provided since the inception of the Journal separate Food Law updates for the United States and European Union. “Recognizing the globalness of the modern Food system, these updates have served an invaluable role in keeping scholars and practitioners abreast of the world’s leading Food regulatory systems.” China’s emergence as a developed, modern Food regulatory system with the potential of being a leading Food regulatory system makes sense given its position as a world economic powerhouse. China’s role in the recent Food safety debate over the veterinary drug ractopamine hydrochloride points to the increasingly visible leadership by China in international Food Law debates that are both complex and polarizing. The central issue confronting China’s development of Food Law is whether it can move fast enough in a complex modern Food system to create, refine, and streamline a Food regulatory regime that befits its place as a world-leading economy.Food safety regulation receives particular attention in China due to vexing, highly publicized Food safety incidents. In response to continuous public criticisms and calls for strengthening Food safety governance, the government went through years of drafting, commenting, reviewing, revising, and wrestling between divergent interests, and finally came up with a series of fine-tuning institutional designs, which culminated in the 2015 Food Safety Law (2015 FSL). The 2015 FSL replaced the 2009 Food Safety Law (2009 FSL), which served as China’s first comprehensive Food safety regulation. The 2009 FSL was preceded by regulation dating back to 1965 when the State Council issued the first Food regulation - the Food Hygiene Law. This Law mainly dealt with the unsanitary conditions in which Food products were stored, manufactured, and transported. It did not set forth requirements for Food content because China was still recovering from a famine, in which an estimated thirty million people died of malnutrition between 1960 and 1962; the government’s primary concern was how to maintain an adequate Food supply. Following a series of updates, the China’s National People’s Congress Standing Committee passed the 2009 FSL, the nation’s first comprehensive Food Safety Law. The 2009 FSL was the first piece of Chinese Food legislation to use the word “safety.” The transition from the 2009 FSL to the 2015 FSL was facilitated by the State Council’s release in July 2012 of the 12th Five-Year Plan for National Food Safety Regulation, which provided guidance on ten essential dimensions of Food safety governance and recommended further amendments to the 2009 Food Safety Law.
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Food Law in the united states
2016Co-Authors: Michael T. RobertsAbstract:As the modern Food system continues to transform Food - its composition, taste, availability, value, and appearance - consumers are increasingly confronted by legal and regulatory issues that affect us all on a daily basis. In Food Law in the United States, Michael T. Roberts addresses these issues in a comprehensive, systematic manner that lays out the national legal framework for the regulation of Food and the legal tools that fill gaps in this framework, including litigation, state Law, and private standards. Covering a broad expanse of topics including commerce, Food safety, marketing, nutrition, and emerging Food-systems issues such as local Food, sustainability, security, urban agriculture, and equity, this book is an essential reference for Lawyers, students, non-Law professionals, and consumer advocates who must understand Food Law to advance their respective interests.
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Food Law in the united states
2016Co-Authors: Michael T. RobertsAbstract:1. Introduction 2. Regulation of Food commerce 3. Regulation of Food safety 4. Regulation of Food marketing 5. Regulation of nutrition 6. Regulation of Food systems.
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Food Law in the united states regulation of nutrition
2016Co-Authors: Michael T. RobertsAbstract:Introduction As noted in the coverage of health claims in Chapter 4, beginning in the 1960s and 1970s, the regulation of nutrition accelerated as the relationship between diet and health became more evident to Lawmakers and government officials. One outcome of this acceleration was that the Food and Drug Administration (FDA) began to regulate more aggressively a significant aspect of nutrition and diet – the use of dietary supplements, which began to proliferate in the 1960s. Consumers at that time and still do take dietary supplements to meet their perceived nutritional needs. These same consumers desire accurate information on the effectiveness and proper use of dietary supplements and access to the supplements of their choice. This chapter presents the unique regulatory regime under the FDA and FTC that governs dietary supplements, focusing primarily on where dietary supplements are regulated differently from conventional Food. During this same period and even more so in recent years, the emergence of the rising rates of obesity and the resulting effects on the health of US consumers’ health and health care costs have prompted policymakers to consider further the connection between diet and health. A number of legal tools on a local and national level have been devised to deal with nutrition problems and in particular, the national obesity epidemic. The challenges in implementing these tools reflect the tension between personal responsibility and charges against paternalism and exemplify the complexities in adapting to the changing social conditions brought about by the modern Food system. This chapter will examine two marketing regulation movements that reflect these tensions and complexities and that involve a number of legal tools: menu labeling and marketing to children. This chapter will also outline various Food prohibitions and government programs designed to promote nutrition and examine the tool of litigation as used in addressing obesity. Finally, this chapter will address two case studies on the regulation of nutrition: salt and sugar. Regulation of Dietary and Nutritional Supplements [1] DSHEA: Regulatory Regime [a] Tension over Classification: Food or Drug? The 1906 Pure Food and Drug Act (PFDA) did not address the regulation of dietary supplements. Under the 1938 Food, Drug, and Cosmetic Act (FDCA), FDA recognition was given to Foods “for special dietary use” as well as the “vitamin, mineral, and other dietary properties” of those Foods.
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Food Law in the united states regulation of Food commerce
2016Co-Authors: Michael T. RobertsAbstract:Introduction The distribution of Food generates a number of issues, which are addressed in each of the chapters in this treatise; this chapter focuses solely on the economic regulation of Food distribution or what may be called the regulation of Food commerce. The Laws that govern the commerce of Food can be organized into two distinct categories: (1) Laws that ensure the authenticity and integrity of Food that is distributed to consumers and (2) the standards, rules, and Laws that regulate the international trade of Food. The complexities of problems that give rise to the adaptation of Laws to regulate Food commerce evidences the challenges of the modern, global Food system. Regulation of Economically Motivated Adulteration (EMA) [1] Background [a] Perpetual Problem of Food Systems Ensuring the integrity of the commercial Food supply invariably requires Law to deal with a form of Food fraud or cheating known as economic adulteration or economically motivated adulteration (EMA). EMA includes the padding, diluting, and substituting of Food product for the purpose of economic gain, which may or may not compromise the safety of the product. Food fraud in the form of EMA has plagued Food commerce throughout history. A brief accounting of this history demonstrates the role of Law in ensuring the integrity of Food and the Food system from which the Food is derived. Reports of EMA date back to the Greek and Roman eras. The Greek botanist Theophrastus (370–295 BC) reported on the use of artificial flavors in the Food supply and on the use of adulterants for economic reasons in some items of commerce. The physician Galen (AD 131–201) listed Food products in Rome that were particular targets of adulteration, including grains, spices, wine, and preservatives. In the Middle Ages, staple Foods like meat, bread, and wine were targets for adulteration. The “medieval nose” was particularly sensitive to the smell of decay, and was used to catch suppliers of putrid meat. Bread was more difficult to manage, as catching a wily baker could be a challenge. Cheating bakers sold underweight bread, the price of a loaf being fixed in relation to its weight. Such cheating led to regulations like the “Assize of Bread and Ale,” which dictated what went into everyday Food goods. Guilds comprising ale conners, pepperers, and garblers enforced these purity Laws with considerable effectiveness.
B.m.j. Van Der Meulen - One of the best experts on this subject based on the ideXlab platform.
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organics in chinese Food Law
European Food and Feed Law Review, 2014Co-Authors: A Schorzon, B.m.j. Van Der Meulen, Li JiaoAbstract:The organics market in China has grown fast since the turn of the Millennium both within the internal market and international trade. New regulations and their effective enforcement have instilled more transparency and trust among stakeholders. The mutual recognition of standards in bi- and multi-lateral international agreements can be seen as the next step of the steep growth of organic production in China as well as a sustainable way to control environmental pollution.
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The Core of Food Law : A Critical Reflection on the Single Most Important Provision in All of EU Food Law
European Food and Feed Law Review, 2012Co-Authors: B.m.j. Van Der MeulenAbstract:The most fundamental notion underlying ten years of reform of EU Food safety Law has been codified in Article 14(1) of Regulation (EC) 178/2002: Food shall not be placed on the market if it is unsafe. This notion has been elaborated in most of the rest of EU Food Law, first and foremost in the other paragraphs of Article 14. This contribution analyses Article 14 and argues in favour of a text-conform interpretation.
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The System of Food Law in the European Union
Deakin Law Review, 2009Co-Authors: B.m.j. Van Der MeulenAbstract:The first decade of the twenty-first century has seen a complete recast of the regulatory infrastructure for Food in the European Union (EU), changing its previously strict market orientation and turning it into an instrument with the primary objective of ensuring Food safety. This article contributes to the comparative study of Food Law by analysing the new body of EU Food Law and bringing the underlying structure to the forefront. EU Food Law applies an holistic approach to the Food chain, addressing, on the basis of scientific risk analysis: Food as a product in terms of its accepted ingredients and the limits placed on contaminants; the processes of Food production, trade and risk management; and the presentation of Food in advertising and labelling. The European Commission and the Member States share responsibility for official controls, incident management and enforcement.
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European Food Law Handbook
2008Co-Authors: B.m.j. Van Der Meulen, M. Van Der Velde, A. Szajkowska, R. VerbruggenAbstract:This handbook analyses and explains the institutional, substantive and procedural elements of EU Food Law, taking the General Food Law as a focus point. Principles are discussed as well as specific rules addressing Food as a product, the processes related to Food and communication about Food through labelling. These rules define requirements on subjects like market approval for Food additives, novel Foods and genetically modified Foods; Food hygiene, tracking & tracing, withdrawal & recall.
Patrick Coppens - One of the best experts on this subject based on the ideXlab platform.
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European Regulations on Food Supplements, Fortified Foods, Dietetic Foods, and Health Claims
Nutraceutical and Functional Food Regulations in the United States and Around the World, 2014Co-Authors: Patrick Coppens, Simon PettmanAbstract:This article reviews the various rules that may be of importance in the marketing of “functional Foods” in the European Union. It takes the reader through the basic principles of EU Food Law as applied through the General Food Law Regulation. It also covers the most recent legislation established or under way in the area of Food Supplements, Fortified Foods, Dietetic Foods and Nutrition and Health Claims. The article describes the way in which risk analysis is applied through legislation and focuses in particular on the use of botanicals in Food supplements. It illustrates that political considerations have become more significant in recent years in the development of legislation having a fundamental impact on the legal framework or resulting in important initiatives being placed on hold, in particular in the area of botanicals, dietetic and novel Foods.
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european regulations on nutraceuticals dietary supplements and functional Foods a framework based on safety
Toxicology, 2006Co-Authors: Patrick Coppens, Miguel Fernandes Da Silva, Simon PettmanAbstract:Abstract This article describes the legislation that is relevant in the marketing of functional Foods in the European Union (EU), how this legislation was developed as well as some practical consequences for manufacturers, marketers and consumers. It also addresses some concrete examples of how the EU's safety requirements for Food products have impacted a range of product categories. In the late nineties, research into functional ingredients was showing promising prospects for the use of such ingredients in Foodstuffs. Due mainly to safety concerns, these new scientific developments were accompanied by an urgent call for legislation. The European Commission 2000 White Paper on Food Safety announced some 80 proposals for new and improved legislation in this field. Among others, it foresaw the establishment of a General Food Law Regulation, laying down the principles of Food Law and the creation of an independent Food Authority endowed with the task of giving scientific advice on issues based upon scientific risk assessment with clearly separated responsibilities for risk assessment, risk management and risk communication. Since then, more than 90% of the White Paper proposals have been implemented. However, there is not, as such, a regulatory framework for ‘functional Foods’ or ‘nutraceuticals’ in EU Food Law. The rules to be applied are numerous and depend on the nature of the Foodstuff. The rules of the general Food Law Regulation are applicable to all Foods. In addition, legislation on dietetic Foods, on Food supplements or on novel Foods may also be applicable to functional Foods depending on the nature of the product and on their use. Finally, the two proposals on nutrition and health claims and on the addition of vitamins and minerals and other substances to Foods, which are currently in the legislative process, will also be an important factor in the future marketing of ‘nutraceuticals’ in Europe. The cornerstone of EU legislation on Food products, including functional Foods and nutraceuticals is ‘safety’. Decisions on the safety-basis of legislation are based on risk analysis, in which scientific risk assessment is performed by the European Food Safety Authority and risk management is performed by the European Commission, the Member States, and in case of legislation, together with the European Parliament. In the risk management phase, both the precautionary principle and other legitimate factors may be considered in choosing the best way of dealing with an issue. Due to the numerous pieces of legislation applying and to the different procedures to be followed, the process of having ‘functional Foods’ ready for the market is certainly a costly and time-consuming task. However, it may also be clearly worth it in terms of market success and improved consumer health.
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european regulations on nutraceuticals dietary supplements and functional Foods a framework based on safety
Toxicology, 2006Co-Authors: Patrick Coppens, Miguel Fernandes Da Silva, Simon PettmanAbstract:This article describes the legislation that is relevant in the marketing of functional Foods in the European Union (EU), how this legislation was developed as well as some practical consequences for manufacturers, marketers and consumers. It also addresses some concrete examples of how the EU's safety requirements for Food products have impacted a range of product categories. In the late nineties, research into functional ingredients was showing promising prospects for the use of such ingredients in Foodstuffs. Due mainly to safety concerns, these new scientific developments were accompanied by an urgent call for legislation. The European Commission 2000 White Paper on Food Safety announced some 80 proposals for new and improved legislation in this field. Among others, it foresaw the establishment of a General Food Law Regulation, laying down the principles of Food Law and the creation of an independent Food Authority endowed with the task of giving scientific advice on issues based upon scientific risk assessment with clearly separated responsibilities for risk assessment, risk management and risk communication. Since then, more than 90% of the White Paper proposals have been implemented. However, there is not, as such, a regulatory framework for 'functional Foods' or 'nutraceuticals' in EU Food Law. The rules to be applied are numerous and depend on the nature of the Foodstuff. The rules of the general Food Law Regulation are applicable to all Foods. In addition, legislation on dietetic Foods, on Food supplements or on novel Foods may also be applicable to functional Foods depending on the nature of the product and on their use. Finally, the two proposals on nutrition and health claims and on the addition of vitamins and minerals and other substances to Foods, which are currently in the legislative process, will also be an important factor in the future marketing of 'nutraceuticals' in Europe. The cornerstone of EU legislation on Food products, including functional Foods and nutraceuticals is 'safety'. Decisions on the safety-basis of legislation are based on risk analysis, in which scientific risk assessment is performed by the European Food Safety Authority and risk management is performed by the European Commission, the Member States, and in case of legislation, together with the European Parliament. In the risk management phase, both the precautionary principle and other legitimate factors may be considered in choosing the best way of dealing with an issue. Due to the numerous pieces of legislation applying and to the different procedures to be followed, the process of having 'functional Foods' ready for the market is certainly a costly and time-consuming task. However, it may also be clearly worth it in terms of market success and improved consumer health.