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How Much Safety Concern Makes a Food “Unsafe”?
Published online by Cambridge University Press: 20 January 2017
Article 14 of EU General Food Law Regulation1 178/2002 provides that a food product may not be placed on the market if it is unsafe. Article 19 of the Regulation imposes an obligation on food business operators to withdraw a product if they have reason to believe that it poses a health risk. Though it seems obvious that unsafe foods should be withdrawn from the market, the matter of when exactly a food product can be considered unsafe often leads to discussion. How much room is there for doubt as to the safety of a product and how many obligations do the provisions impose on food business operators? While it is ultimately always up to the courts to decide, on a day-to-day basis food business operators need to navigate within the interpretations of these provisions made by national authorities.
This report will discuss the topic in the light of two recent Danish cases that have highlighted the problems that can arise in this context – especially concerning the legal rights of the food business operators involved.
1 Regulation (EC) No. 178/2002 of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, OJ L 31, 1.2.2002, p. 1.
2 The opinion has not been published.
3 Notification No. 2011/142/DK.
4 Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, OJ L 204, 21.7.1998, pp. 37–48.
5 Guideline No. 9381 of 22 August 2011 on the Safety “As Assessment of Food Supplements”.
6 The case is still pending in the administrative complaint system. The product has been withdrawn.
7 This case is still pending.