Regulation 1169/11/EU on the provisions of food Information to consumers : a comparative analysis of its enforcements in relation to member states

Abstract

The focus of this study is on the need felt by the legislators to transpose two European Directives into one compulsory European Regulation. Whilst due importance was given to the new developments of Regulation 1169/11/EU, the writing focused on Articles 39 to 44 of the regulation dealing with additional national measures adopted by Member States at their discretion. Reference was given to six particular Member States, five of which (France, Ireland, Italy, Spain and the UK) are close to Malta and whose law has influenced Malta’s law throughout the years. In light of the enforcements provided by Member States in case of breach of either of the provisions contained in the Regulation, it has been noted that some Member States classify such acts as criminal offences and therefore includes an imprisonment sentence as a form of punishment, whilst others are liable to fines under other Member States. The outcome of this study is that different Member States took on different approaches towards the new Regulation and some seem to have taken it more serious than others by implementing further national measures to make food information to consumers even more reliable.