
within a given period, which can be quite long.
Regulations, however, require the member state to
introduce the legislation as the unaltered text of the
regulation and the time allowed is relatively short,
often a matter of months. As a consequence, regula-
tions allow for a more rapid implementation of the law.
General Food Law
0051 One of the most glaring omissions, which had still not
been resolved by the end of the 1990s, was the legal
definition of a food and a single document giving the
principles and philosophy of European food law.
Although the precepts of the legal aspects of Euro-
pean control had been introduced into individual
directives and regulations, there was no single official
document to cover these aspects. For many years the
concept of a directive on general food law had been
under discussion, with the objective of producing a
piece of legislation to clarify the parameters for the
structure and operation of European food law.
0052 It was not until 1997 that the European Commis-
sion published its Green Paper on food law, which
laid down the common principles underlying the food
legislation and established food safety as the primary
objective of food law. The Green Paper was followed
at the end of 1999 by the Commission’s White Paper
on Food Safety. Chapter 6 of the White Paper advo-
cated a new legal framework for food safety em-
bodied in legislation covering general food law.
0053 Just a year later, at the end of 2000, the Commis-
sion published a proposal for ‘a Regulation laying
down the general principles and requirements of
food law, establishing the European Food Authority,
and laying down procedures in matters of food
safety.’ Article 2 of the proposal gave a definition of
food for the first time. In essence, this covered any
substance or product, whether processed, partially
processed, or unprocessed, intended to be, or reason-
ably expected to be, ingested by humans. It included
drink, chewing gum and any substance, including
water, intentionally incorporated into the food during
its manufacture, preparation, or treatment. Exclu-
sions from the definition included medicinal prod-
ucts, cosmetics, tobacco and tobacco products, and
narcotic or psychotropic substances.
0054 As stated in its title, the proposed regulation also
contained the requirement for the establishment of
a European Food Authority, which would have the
objective of providing scientific advice and scientific
and technical support for EU legislation in all fields
that have a direct or indirect impact on the safety of
human food and animal feed.
0055 The mission for the Authority as given in the pro-
posal was the contribution to a high level of protection
of human life and health and in this respect to take
account of animal health and welfare, plant health,
and the environment. This was to be carried out in
the context of the operation of the internal market.
0056The Authority was to comprise a management
board, an executive director and staff, an advisory
forum, a scientific committee, and permanent scien-
tific panels. The proposal specified eight scientific
panels, which would be required to cover the various
aspects covered by the Authority’s remit. The panels
were to be composed of independent scientific experts.
0057A further part of the proposed regulation specific-
ally related to food safety and covered the requirement
for a rapid alert system, emergencies, and crisis man-
agement. This initiative was mainly as a consequence
of a number of European food scares during the late
1990s such as bovine spongiform encephalopathy
(BSE) in cattle and the Belgian and Dutch dioxin crises.
0058The proposals also included the requirement for full
traceability of food, animal feed, and food-producing
animals. The responsibilities of food and animal feed
operators are given and the concept of the precaution-
ary principle is laid down in law.
0059These proposals were finally adopted in January
2002 as Regulation (EC) N
178/2002.
See also: Legislation: History; Additives; Contaminants
and Adulterants
Further Reading
Berry Ottaway P (1995) Harmonisation of European Food
Legislation. FT Management Report. London, UK:
Pearson Professional.
Cecchini P, Catinat M and Jaquemin A (1988) The Euro-
pean Challenge 1992 – The Benefits of a Single Market.
Aldershot, UK: Wildwood House.
Commission recommendation of 20 September 1965 con-
cerning prior communication to the Commission in
draft form of certain laws, regulations and adminis-
trative instructions. OJ 65* 160 of 29 September
1965, p. 2611. Luxembourg: Office for Official Publi-
cations of the European Communities.
Communication from the Commission to the Council and
to the European Parliament (1985) The Completion of
the Internal Market: Community Legislation on Food-
stuffs. COM(85)603 Final. Brussels.
Communication from the Commission to the Council and
European Parliament (1993) The Management of the
Mutual Recognition of National Rules after 1992.
COM(93)669 Final. Luxembourg: Office for Official
Publications of the European Communities.
Council resolution of 28 May 1969 drawing up a pro-
gramme for the elimination of technical barriers to
trade in industrial products. OJ69 C 076 of 17 June
1969, p. 1. Luxembourg: Office for Official Publications
of the European Communities.
2200 EUROPEAN UNION/European Food Law Harmonization