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The Food Law Page

This page provides posts on Food Law topics, news, etc:

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:
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 Lederman
This provides a good summary of 2014 developments in food law and policies and announcements from around the world.

Post 10: General Mills Settles Suit Over '100% Natural' Claim
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.

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

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

Post 4
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. 

Post 3
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.


Read up on some Law Citations

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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