Food laws: reviewing the regulatory framework

Adequate protection for consumers, traders and manufacturers and the maintenance of public health standards are required of any system of food law. In the U.K. it has been acknowledged that the primary food legislation, of mainly 19th century origins, has become increasingly out of date. During a sabbatical as an honorary visiting fellow with the University of Salford, the author examined recommendations made in a government consultative document reviewing food law and conducted research on the responses to proposed changes in the law. This paper considers proposals which deal with questions of prevention and enforcement. In order to understand the context of the U.K. system, present enforcement arrangements are discussed before the consideration of specific recommendations and responses relating to food businesses, methods of enforcement, acceptance sampling, the nature of liability for offences, crown liability and resource allocation. In discussing these recommendations particular issues and problems which are relevant to other jurisdictions have been addressed. In the context of current issues of food law in Australia, which have tended to concentrate upon the complex regulations affecting the food industry, the consultative process in the U.K. is of some i n t e r e s t . The evaluation of the primary legislation r a i s e s questions about its appropriateness to present market and technological conditions. Such issues tend to have been addressed tangentially in the past. While the U.K. consultative process can be criticised and is inconclusive the questions raised may assist in the development of Australian legislation which is efficient , flexible and responsive to the 20th century market place.