This page provides posts on Food Law topics, news, etc:
Post 18:
Canada-United States Regulatory Cooperation Council (RCC)
Post 17:
Post 16:
After reading the explanation under the heading "Baseline" in the proposed Safe Food for Canadians Regulations, you may think that the regulations do not affect you because you do not export/import food or conduct inter-provincial trade. You should think again. These are federal regulations and they affect every food business in Canada. Take a look at the draft of the proposed new regulations - http://www.gazette.gc.ca/rp-pr/p1/2017/2017-01-21/html/reg1-eng.php#reg
Post 15:
Post 14:
Post 13: Compare the rules from different jurisdictions - free download of a sample chart is available - http://gcse-food-health-protection.blogspot.ca/2015/04/comparing-regulatory-clauses-from.html
Post 12: Is food traceability mandatory under law?
Post 10: General Mills Settles Suit Over '100% Natural' Claim
Post 9: Right and Wrong Way to View Regulations
Post 8: Navigating through Food Safety Law and Regulations
Post 7
Post 6 - International Food Regulations
Post 5
Do not pay the opportunist Interpreter for information that is free:
Post 4
The old thinking about
mere “compliance” and nebulous ideas about demonstrating “due diligence” are
giving way to actual accountability for the real experiences, particularly the
safety, of consumers.
Post 3
Canada-United States Regulatory Cooperation Council (RCC)
This may be of interest to you:
The Canadian Food Inspection Agency (CFIA) is launching a new web-based
consultation tool to gather feedback from stakeholders on current Canada-United
States Regulatory Cooperation Council (RCC) work plans and solicit input on
future opportunities.
Stakeholders are invited to provide feedback on the work plans that
impact them, and provide input on future opportunities until October 31, 2017.
Information gathered in this consultation period will help inform the
development of the next iteration of RCC work plans for food safety, meat
inspection and certification, animal health, and plant health.
For more information, please consult the RCC webpage:
http://www.inspection.gc.ca/eng/1427420901391/1427420973247Post 17:
Canadian Food Inspection Agency Food Safety Testing Reports: http://www.inspection.gc.ca/food/chemical-residues-microbiology/food-safety-testing-reports/eng/1453324778043/1453327843364
Post 16:
After reading the explanation under the heading "Baseline" in the proposed Safe Food for Canadians Regulations, you may think that the regulations do not affect you because you do not export/import food or conduct inter-provincial trade. You should think again. These are federal regulations and they affect every food business in Canada. Take a look at the draft of the proposed new regulations - http://www.gazette.gc.ca/rp-pr/p1/2017/2017-01-21/html/reg1-eng.php#reg
Post 15:
Currentdevelopments in food law and policy in Australia and elsewhere, Published 02
August 2016
AUTHOR
Joe Lederman
A summary of developments in food
law and policies and announcements from around the world.
Post 14:
Here is a helpful link to the China's New Food
Safety Law with no guarantees about the accuracy of the translation. The source
is: Global Law Office, PRC Legislation Newsletter (July 2015)-http://cn.swisscham.org/sites/default/files/20150713%20Newsletter%20on%20Food%20Safety%20Law.pdf
Post 13: Compare the rules from different jurisdictions - free download of a sample chart is available - http://gcse-food-health-protection.blogspot.ca/2015/04/comparing-regulatory-clauses-from.html
Post 12: Is food traceability mandatory under law?
Post 11: What food regulation trends are we more likely to see in the coming year?
Current developments in food law and policy, Published 02 December 2014
AUTHOR Joe LedermanCurrent developments in food law and policy, Published 02 December 2014
This provides a good summary of 2014 developments in food
law and policies and announcements from around the world.
This settlement
highlights a fundamental fact that seems to have eluded many operators: It is disadvantageous
not to claim a health or desirable advantage that a product has; but it is
illegal to claim a health or desirable advantage that a product does not have.
Post 9: Right and Wrong Way to View Regulations
How operators respond to regulations and how regulators
enforce them depend on whether regulations are viewed as the means for
intimidating and terrorizing the industry to comply; or as a means for productively moderating the
industry to achieve greater success. Read the section on the anatomy of a regulation in the SSQA Implementation Manual
Post 8: Navigating through Food Safety Law and Regulations
If
the rules are kept simple, food business managers will understand them well
enough to properly comply. If they comply, they will not have to pay fines and
the regulatory agencies will lose that source of revenue - http://gcse-food-health-protection.blogspot.ca/2013/09/approaching-compliance-turbulence.html
Example:
The Safe Food for Canadian Act (SFCA), Section 11 Rule:
“It is prohibited for a person to sell,
advertise or have in their possession a food commodity that has been sent or
conveyed from one province to another, or imported, in contravention of any
provision of this Act or the regulations.”
Definitions:
“person” has the same meaning
as in section 2 of the Criminal Code.
Canadian
Criminal Code Definition:
“every
one”, “person” and “owner”, and similar expressions, include Her Majesty and an
organization;
Please
explain with respect to private individuals (persons) who have purchased such
food commodity as described.
With
the way the rule reads, we can only assume that the Act only targets registered
food businesses and private individuals are not affected. However, we all know
what ‘assumption” does to us. What if a small owner/operated business that runs
out of the owner’s home, is not federally registered but offers a contravening
food commodity for sale and the owner claims to be a private citizen?
What
does this rule actually say for situations where the food commodity has NOT
been sent or conveyed from one province to another, or imported?
The Safe Food for Canadian Act (SFCA), as do other local and international food laws and regulations, contains trails of prohibitions, codes and definitions that are not readily explicable.
The Safe Food for Canadian Act (SFCA), as do other local and international food laws and regulations, contains trails of prohibitions, codes and definitions that are not readily explicable.
Post 7
According
to the Centers for Disease Control and Prevention, the U.S. Department of
Agriculture refuses to act on antibiotic-resistant salmonella and advances
controversial poultry inspection plan http://cspinet.org/new/201407311.html.
Does this mean it is legal for food companies in the US to have ABR strains of
Salmonella present in the raw meat sold to the public? Also take a look at Post 4.
Post 6 - International Food Regulations
An
Example of How Codex Works - UN
strengthens regulations on lead in infant formula and arsenic in
rice-http://www.fao.org/news/story/en/item/238802/icode/
Post 5
Do not pay the opportunist Interpreter for information that is free:
Pay no one to read off the emerging
food laws and regulations to you since you are able to read and understand them
just as well as, if not better than, those who may offer to read them off to
you. Besides, the rules are still undergoing changes and the current
interpretations of some of the articles, sections and sub-sections may not
remain the same. Go directly to the sources: US/FDA FSMA Canadian SFCA
European Commission Regulation
(EC)178/2002 - http://ec.europa.eu/food/food/foodlaw/index_en.htm
Other Jurisdictions – Go to the
applicable Regulatory Authorities information portals. You may start by
checking the Legal
Institutes of different countries
Food
Laws – Reading Between the Lines
Every food business
manager needs to read between the lines of the emerging food laws like the U.S.
FSMA, Canadian SFCA, the European Commission Regulation
(EC)178/2002 and similar proposals
around the world. A significant shift is taking place. The laws outline
specific and clearly stated obligations. They also mandate obligations that are
not specifically stated but implied. As you read through the laws and
regulations, take special note of statements like: “The food operator or business
shall identify and evaluate known or reasonably foreseeable hazards for
each type of food manufactured, processed, packed or held at the facility.” What exactly are
the “reasonably foreseeable hazards”? Existing and emerging food laws are full
of these kinds of stated obligations and responsibilities.
The old thinking about
mere “compliance” and nebulous ideas about demonstrating “due diligence” are
giving way to actual accountability for the real experiences, particularly the
safety, of consumers.
The enforcement of
the basic tenet of the law is gaining increasing attention at the local,
provincial/state, national and international levels. The summary of Key
Obligations of Food and Feed Business Operators provided by the European
Commission, Health & Consumer Protection Directorate - General Principles clearly
reflects the direction of things to come:
Safety
Operators
shall not place on the market unsafe food or feed
Responsibility
Operators
are responsible for the safety of the food and feed which they produce,
transport, store or sell
Traceability
Operators
shall be able to rapidly identify any supplier or consignee
Transparency
Operators
shall immediately inform the competent authorities if they have a reason to
believe that their food or feed is not safe
Emergency
Operators
shall immediately withdraw food or feed from the market if they have a reason
to believe that it is not safe
Prevention
Operators
shall identify and regularly review the critical points in their processes and
ensure that controls are applied at these points
Co-operation
Operators
shall co-operate with the competent authorities in actions taken to reduce
risks
The European
Commission key obligations are further expanded in the emerging food safety law
initiatives around the world. A practical outworking of this growing attention
to the basic tenet of the law is clearly demonstrated in recent instances of
litigation actions. Some examples may be found in the Law Citations.
International
Law (including Food Law) – World Legal Information Institute: A source for
free legal information according to the Montreal Declaration on Free Access to Law.
Post 2
Food safety rules
rewritten in huge bill
Wednesday 28 May 2014
A 470-page Food Bill that rewrites New Zealand's food safety regulations
and could save the industry $40 million a year in compliance costs has been
passed by Parliament.
Post 1
Regulations – The Crooked Seek Loopholes
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