A quiet legal revolution has taken place in the EU. Its key moments were so subtle
and behind the scenes that one might not even have noticed. Looking around, even
an eagle-eyed viewer will note that not much has altered in the elements of legal
landscape. And he will be right: it is not the landscape, but the ground we stand
on that has changed. When I dot the last i’s and cross the last t’s of this book, food
safety law in the European Union has – almost to the day – been functioning for
one decade within the framework of the fundamental principles of risk analysis
and precaution.1 This study focuses on a legal analysis of these principles and their
meaning for EU food safety law. By way of introduction, however, the historical,
political and sociological context of the momentous restructuring of EU food law
is sketched.
‘Food shall not be placed on the market if it is unsafe’ – states Article 14(1) of
Regulation 178/2002 (the co-called General Food Law – GFL).2 This Regulation
set up the foundations for reformed food policy by laying down the general
requirements of food law, establishing the European Food Safety Authority,
and introducing procedures for handling food safety matters. All food-related
undertakings, whether for profit or not; public or private; at any stage of production,
processing and distribution; holding for the purpose of sale or other form of
transfer, whether free of charge or not, must comply with the stated requirements.