From agricultural to food law: the new scenario

The differences between agricultural law and food law are becoming progressively blurred. This is only natural because both intend to control that food products placed in the market are safe and respond to a certain standard of quality. In their present form, both are relatively new legal discipline...

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Bibliographische Detailangaben
Weitere Verfasser: Fuentes, Vicente Rodríguez (HerausgeberIn)
Format: Elektronisch E-Book
Sprache:English
Veröffentlicht: Wageningen, Netherlands Wageningen Academic Publishers 2014
Schriftenreihe:European Institute for Food Law Series
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Zusammenfassung:The differences between agricultural law and food law are becoming progressively blurred. This is only natural because both intend to control that food products placed in the market are safe and respond to a certain standard of quality. In their present form, both are relatively new legal disciplines, evolving and expanding very rapidly and a great number of new and transcendental regulations (and an increasing number of compulsory private rules) are being enacted to respond to new realities. One of these new realities is the legal protection of quality in food. Once almost exclusively applied to a limited number of traditional well-known products and now extended to many products covered by designations of origin or geographical indications. Another area is food safety, a major concern of the legislator. Food alerts, recalls and withdrawals have been carefully regulated to guarantee a rapid and efficient reaction, but these legal mechanisms appear to be less well-designed when dealing with the unwanted consequences of unjustified alerts. A third topic is food prices and trading conditions, an area that cannot always be completely left to unregulated market-forces due to the special nature of the product involved. The above issues are analysed by several experts from different legal backgrounds and countries, a varied approach adequate to the hybrid nature of food law
Beschreibung:Includes index. - "Proceedings of the European Food Law Association 19th International Scientific Congress"--Cover
""Table of contents""; ""About the authors""; ""Introduction""; ""1. Agricultural and food law as innovation engine of European law: the new scenario""; ""1.1 Premise""; ""1.2 The first 50 years of Community Agricultural Law and of Community Food Law""; ""1.3 Common market and health protection in the first steps of approximation""; ""1.4 The �70s: partial approximation and CAP measures""; ""1.5 The �80s: judicial interventionism""; ""1.6 The �90s: food safety as founding pillar of the internal market""; ""1.7 Food quality and food diversity in agricultural legislation""
""1.8 Food safety crises and the new disciplinary framework""""1.9 The 21st century � Regulation No 178/2002 and the systemic dimension""; ""1.10 The reformed CAP""; ""1.11 The regulation on accreditation and market surveillance""; ""1.12 The new scenario: European codes""; ""2. Private law and agricultural food law""; ""2.1 Introduction""; ""2.2 Privatisation: retailers as regulators through standards""; ""2.3 Providing incentives to effectively ensure SFF access to global food markets""; ""2.4 Conclusion""; ""3. The new Common Agricultural Policy � objectives relevant to food law""
""4. The regulation of quality: beginning of food law""""5. Judicial protection of quality in the case of Parmigiano Reggiano""; ""5.1 Parmigiano Reggiano: a noble and historic designation of origin""; ""5.2 The protection of the designation of origin Parmigiano Reggiano""; ""5.2.1 Italy""; ""5.2.2 European Union""; ""5.2.3 International framework""; ""5.3 The �Consorzio del Formaggio Parmigiano-Reggiano�""; ""5.4 The enforcement of the PDO Parmigiano Reggiano within the European Union""; ""5.4.1 Scope of protection""; ""5.4.2 Enforcement""
""5.5 The enforcement of the PDO Parmigiano Reggiano outside of the European Union""""6. Infringement of protected geographical designations by means of evocative behaviours � a critical prospective""; ""6.1 Preview""; ""6.2 Introductory remarks on community tutelage of protected geographical indications""; ""6.3 Approach to the negative dimension of the exclusivity right""; ""6.3.1 Drafting of the rule, a critical remark""; ""6.3.2 Forbidden behaviours""; ""6.4 Evocation as unlawful autonomous conduct""; ""6.4.1 On the concept of �evocation�""
""6.4.2 Evocation and semantic level protection of geographical designations""""6.4.3 Unfortunate initial exegesis by the CJEU and its recent correction at the request of the OHIM""; ""7. The working of the food alert system in Germany""; ""7.1 Overview""; ""7.2 Market-related measures""; ""7.2.1 Section 39 LFGB""; ""7.2.2 Case study""; ""7.3 Publication of information""; ""7.3.1 RASFF""; ""7.3.2 National laws""; ""7.4 Conclusion""; ""8. Legal problems arising out of the food alert system in Spain and Europe""; ""8.1 Introduction""; ""8.2 Some of the legal problems of food alerts""
Beschreibung:1 Online-Ressource (192 Seiten)
ISBN:9789086868018
9086868010
DOI:10.3920/978-90-8686-801-8

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