10 Regulating food fraud: Public and private law responses in the EU, Italy and the Netherlands
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Antonia Corini
Abstract
The horsemeat scandal urgently raised the question of how to regulate food fraud. Responses across Europe have shown, on the one hand, differing approaches in terms of conceptualisation and management of food fraud and, on the other hand, the inconsistencies and weaknesses of the European Union Food Law system in dealing with food fraud. This chapter discusses how to deal with food fraud. The combination of a focus on framing public enforcement to food fraud prevention and the adaption of a punitive sanction system to fight food fraud, interest is growing in the use of private schemes. Some of these private schemes already recommend companies to use instruments that may prevent and manage crimes involving food. The use of private schemes means that businesses assume responsibility to avoid food law violations. Therefore, together with international and national regulatory schemes, private schemes provide a promising tool to combat food fraud.
Abstract
The horsemeat scandal urgently raised the question of how to regulate food fraud. Responses across Europe have shown, on the one hand, differing approaches in terms of conceptualisation and management of food fraud and, on the other hand, the inconsistencies and weaknesses of the European Union Food Law system in dealing with food fraud. This chapter discusses how to deal with food fraud. The combination of a focus on framing public enforcement to food fraud prevention and the adaption of a punitive sanction system to fight food fraud, interest is growing in the use of private schemes. Some of these private schemes already recommend companies to use instruments that may prevent and manage crimes involving food. The use of private schemes means that businesses assume responsibility to avoid food law violations. Therefore, together with international and national regulatory schemes, private schemes provide a promising tool to combat food fraud.
Kapitel in diesem Buch
- Front Matter i
- Contents iii
- List of tables and figures vi
- Notes on contributors vii
- Introduction 1
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Thinking about food crime
- A food crime perspective 11
- Food crime without criminals: Agri-food safety governance as a protection racket for dominant political and economic interest 27
- The social construction of illegality within local food systems 43
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Farming and food production
- Ethical challenges facing farm managers 61
- Chocolate, slavery, forced labour, child labour and the state 77
- Impact of hazardous substances and pesticides on farmers and farming communities 93
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Processing, marketing and accessing food
- Agency and responsibility: The case of the food industry and obesity 111
- The value of product sampling in mitigating food adulteration 127
- Prohibitive property practices: The impact of restrictive covenants on the built food environment 141
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Corporate food and food safety
- Regulating food fraud: Public and private law responses in the EU, Italy and the Netherlands 159
- Mass Salmonella poisoning by the Peanut Corporation of America: Lessons in state-corporate food crime 175
- Food crime in the context of cheap capitalism 193
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Food trade and movement
- Crime versus harm in the transportation of animals: A closer look at Ontario’s ‘pig trial’ 213
- Coming together to combat food crime: Regulatory networks in the EU 229
- Fair trade laws, labels and ethics 245
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Technologies and food
- Food, genetics and knowledge politics 265
- Technology, novel food and crime 281
- Food crimes, harms and carnist technologies 295
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Green food
- Farming and climate change 315
- Food waste (non)regulation 331
- Responding to neoliberal diets: School meal programmes in Brazil and Canada 347
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Questioning and consuming food
- Counter crimes and food democracy: Suspects and citizens remaking the food system 367
- Consumer reactions to food safety scandals: A research model and moderating effects 385
- Responding to food crime and the threat of the ‘food police’ 403
- Index 421
Kapitel in diesem Buch
- Front Matter i
- Contents iii
- List of tables and figures vi
- Notes on contributors vii
- Introduction 1
-
Thinking about food crime
- A food crime perspective 11
- Food crime without criminals: Agri-food safety governance as a protection racket for dominant political and economic interest 27
- The social construction of illegality within local food systems 43
-
Farming and food production
- Ethical challenges facing farm managers 61
- Chocolate, slavery, forced labour, child labour and the state 77
- Impact of hazardous substances and pesticides on farmers and farming communities 93
-
Processing, marketing and accessing food
- Agency and responsibility: The case of the food industry and obesity 111
- The value of product sampling in mitigating food adulteration 127
- Prohibitive property practices: The impact of restrictive covenants on the built food environment 141
-
Corporate food and food safety
- Regulating food fraud: Public and private law responses in the EU, Italy and the Netherlands 159
- Mass Salmonella poisoning by the Peanut Corporation of America: Lessons in state-corporate food crime 175
- Food crime in the context of cheap capitalism 193
-
Food trade and movement
- Crime versus harm in the transportation of animals: A closer look at Ontario’s ‘pig trial’ 213
- Coming together to combat food crime: Regulatory networks in the EU 229
- Fair trade laws, labels and ethics 245
-
Technologies and food
- Food, genetics and knowledge politics 265
- Technology, novel food and crime 281
- Food crimes, harms and carnist technologies 295
-
Green food
- Farming and climate change 315
- Food waste (non)regulation 331
- Responding to neoliberal diets: School meal programmes in Brazil and Canada 347
-
Questioning and consuming food
- Counter crimes and food democracy: Suspects and citizens remaking the food system 367
- Consumer reactions to food safety scandals: A research model and moderating effects 385
- Responding to food crime and the threat of the ‘food police’ 403
- Index 421
