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This work examines the regulation of the increasingly global food system. It analyzes the underlying causes of the trade conflicts, and outlines the steps that could be taken to ensure that food safety and open trade become at the least compatible and at best mutually supporting.
How safe is our food supply? Each year the media report what appears to be growing concern related to illness caused by the food consumed by Americans. These food borne illnesses are caused by pathogenic microorganisms, pesticide residues, and food additives. Recent actions taken at the federal, state, and local levels in response to the increase in reported incidences of food borne illnesses point to the need to evaluate the food safety system in the United States. This book assesses the effectiveness of the current food safety system and provides recommendations on changes needed to ensure an effective science-based food safety system. Ensuring Safe Food discusses such important issues as: What are the primary hazards associated with the food supply? What gaps exist in the current system for ensuring a safe food supply? What effects do trends in food consumption have on food safety? What is the impact of food preparation and handling practices in the home, in food services, or in production operations on the risk of food borne illnesses? What organizational changes in responsibility or oversight could be made to increase the effectiveness of the food safety system in the United States? Current concerns associated with microbiological, chemical, and physical hazards in the food supply are discussed. The book also considers how changes in technology and food processing might introduce new risks. Recommendations are made on steps for developing a coordinated, unified system for food safety. The book also highlights areas that need additional study. Ensuring Safe Food will be important for policymakers, food trade professionals, food producers, food processors, food researchers, public health professionals, and consumers.
This book provides novel and thought-provoking insights into the fundamental policy issues involved in agricultural biotechnology. Thomas Bernauer explains global regulatory polarization and trade conflict in this area. He then evaluates co-operative and unilateral policy tools for coping with trade tensions. Arguing that the tools used thus far have been and will continue to be ineffective, he concludes that the risk of a full-blown trade conflict is high and may lead to reduced investment and the decline of the technology. Bernauer concludes with suggestions for policy reforms to halt this trajectory -recommendations that strike a balance between public-safety concerns and private economic freedom - so that food biotechnology is given a fair chance to prove its environmental, health, humanitarian and economic benefits.
In recent years the European Union has developed a comprehensive strategy to conclude free trade agreements which includes not only prominent trade partners such as Canada, the United States and Japan but also numerous developing countries. This book looks at the existing WTO law and at the new EU free trade agreements with the Caribbean and sub-Saharan Africa through the lens of the human right to adequate food. It shows how the clauses on the import and export of food included in recent free trade agreements limit the capacity of these countries to implement food security policies and to respect their human rights obligations. This outcome appears to be at odds with international human rights law and dismissive of existing human rights references in EU-founding treaties as well as in treaties between the EU and developing states. Yet, the book argues against the conception in human rights literature that there is an inflexible agenda encoded in world trade law which is fundamentally conflictual with non-economic interests. The book puts forward the idea that the European Union is perfectly placed to develop a narrative of globalisation considering other areas of public international law when negotiating trade agreements and argues that the EU does have the competences and influence to uphold a role of international leadership in designing a sustainable global trading system. Will the EU be ambitious enough? A timely contribution to the growing academic literature on the relation between world trade law and international human rights law, this book imagines a central role for the EU in reconciling these two areas of international law.
Featuring case studies and discussion questions, this textbook – with revisions addressing significant changes to US food law – offers accessible coverage appropriate to a wide audience of students and professionals. Overviews the federal statutes, regulations, and regulatory agencies concerned with food regulation and introduces students to the case law and statutory scheme of food regulation Focuses updated content on the 2011 FDA Food Safety Modernization Act (FSMA), the biggest change to US food law since the 1930s Contains over 20% new material, particularly a rewritten import law chapter and revisions related to food safety regulation, health claims, and food defense Features case studies and discussion questions about application of law, policy questions, and emerging issues
The food industry is a notoriously complex economic sector that has not received the attention it deserves within legal scholarship. Production and distribution of food is complex because of its polycentric character (as it operates at the intersection of different public policies) and its dynamic evolution and transformation in the last few decades (from technological and governance perspectives). This volume introduces the global value chain approach as a useful way to analyse competition law and applies it to the operations of food chains and the challenges of their regulation. Together, the chapters not only provide a comprehensive mapping of a vast comparative field, but also shed light on the intricacies of the various policies and legal fields in operation. The book offers a conceptual and theoretical framework for competition authorities, companies and academics, and fills a massive gap in the competition policy literature dealing with global value chains and food.
estation, habitat destruction and zoonoses; food naming and labelling; and food risk management. Throughout there is reference to an abundance of legislation, treaties, conventions, and case law at domestic, regional, and international levels, with particular attention to European, US, and World Trade Organization law and the work of the FAO. The book clearly demonstrates the necessity for reform of the global system of food production in the direction of a more sustainable and environment-friendly model. In its authoritative discussion of the relations among fields of law that are rarely discussed together – food law and the environment, food law and human rights, food law and animal welfare – this collection of chapters will prove a valuable resource both for officials working in food governance and security and for lawyers and scholars concerned with environmental management, sustainable development, and human rights around the world.
Food systems around the world face a triple challenge: providing food security and nutrition for a growing global population; supporting livelihoods for those working along the food supply chain; and contributing to environmental sustainability. Better policies hold tremendous promise for making progress in these domains.
Recent outbreaks of illnesses traced to contaminated sprouts and lettuce illustrate the holes that exist in the system for monitoring problems and preventing foodborne diseases. Although it is not solely responsible for ensuring the safety of the nation's food supply, the U.S. Food and Drug Administration (FDA) oversees monitoring and intervention for 80 percent of the food supply. The U.S. Food and Drug Administration's abilities to discover potential threats to food safety and prevent outbreaks of foodborne illness are hampered by impediments to efficient use of its limited resources and a piecemeal approach to gathering and using information on risks. Enhancing Food Safety: The Role of the Food and Drug Administration, a new book from the Institute of Medicine and the National Research Council, responds to a congressional request for recommendations on how to close gaps in FDA's food safety systems. Enhancing Food Safety begins with a brief review of the Food Protection Plan (FPP), FDA's food safety philosophy developed in 2007. The lack of sufficient detail and specific strategies in the FPP renders it ineffectual. The book stresses the need for FPP to evolve and be supported by the type of strategic planning described in these pages. It also explores the development and implementation of a stronger, more effective food safety system built on a risk-based approach to food safety management. Conclusions and recommendations include adopting a risk-based decision-making approach to food safety; creating a data surveillance and research infrastructure; integrating federal, state, and local government food safety programs; enhancing efficiency of inspections; and more. Although food safety is the responsibility of everyone, from producers to consumers, the FDA and other regulatory agencies have an essential role. In many instances, the FDA must carry out this responsibility against a backdrop of multiple stakeholder interests, inadequate resources, and competing priorities. Of interest to the food production industry, consumer advocacy groups, health care professionals, and others, Enhancing Food Safety provides the FDA and Congress with a course of action that will enable the agency to become more efficient and effective in carrying out its food safety mission in a rapidly changing world.
Taking into account toxicity levels at normal consumption levels, intake per kg bodyweight and other acknowledged considerations, each chapter in this book will be based on one or more proven examples. It is intended to provide specific examples and potential improvements to the safety of the world's food supply, while also increasing the amount of food available to those in undernourished countries. This book is designed to to provide science-based tools for improving legislation and regulation. - Reduce amount of food destroyed due to difference in regulations between nations - Positively impact the time-to-market of new food products by recognizing benefit of "one rule that applies to all" - Use the comparison of regulations and resulting consequences to make appropriate, fully-informed decisions - Employ proven science to obtain global consensus for regulations - Understand how to harmonize test protocols and analytical methods for accurate measurement and evaluation - Take advantage of using a risk/benefit based approach rather than risk/avoidance to maximize regulatory decisions