Food fraud : legislative solutions

Abstract

This thesis examines the need for a public legislative solution in the case of fraudulent foods entering the supply chain. This is done in view of the fact that there is no established definition of the offence, nor legislation which specifically addresses the issue at European Union level or at local level. Before answering the question of whether a specific law dedicated to food fraud is required, the dissertation examines the evolution of food fraud legislation since historic times and further provides a detailed study of the characteristics of food fraud, through which a definition of such fraudulent practices has been devised. As a result, food fraud has been examined in the light of public law, considering it a criminal offence. Subsequently, the thesis examines current laws dealing with food fraud both at European Union level and at local level, albeit in an indirect manner. Possible methods of redress which have been dispersed through different laws are examined, ranging from food safety laws to labelling laws and consumer protection legislation. This task has revealed various shortcomings in the current legislation which have fuelled the need for a specific provision of law dedicated entirely to food fraud. In this respect, the thesis examines further the rationale behind food fraud legislation, examining the consumer perception, especially in view of the ‘horse meat scandal’ which has shaken prior consumer confidence in EU food which was highly esteemed in terms of quality. Although current food laws address some areas of food fraud and current initiatives such as the Food Fraud Network and the Food Fraud Information Technology tool have been established, it is suggested that both national and EU laws have failed to define the proper characteristics of food fraud and establish a means of addressing the offence in a harmonised manner. Thus, specific food fraud legislation is considered necessary and this thesis concludes by making recommendations in this regard.