The Universalisation of Food Law in Operator Responsibilities and Innovation: towards the Protection of the Food Producer and Consumer

Abstract

The increasing spreading of International markets and the followed interconnection happening between them and the National ones, left behind a world where the main, if not only, priority was represented by the protection of the internal State's economy. As a matter of fact, trade taking place among Countries was once constrained by tariff barriers or limited in importations by the State itself, at the expenses of both food producers and consumers, whose fundamental stakes in the playfield were not yet recognized. As a consequence, completely different solutions were adopted around the world, each of them valuing in its way the quality - healthiness relationship characterizing the single food product and reflecting the various values, habits and cultures of the different Countries. The industrialization progress, starting with the processing of raw materials and ingredients, began to highlight the attention towards food safety themes, both from the social and political points of view. The increasing concern was scattered by the excessive manipulative and transformation processes suffered by the initial ingredients, the use of more and more sophisticated technologies and the emergence of new and dangerous diseases, which began to threaten human health in a preponderant way. Food law started to emerge as a way of disciplining those National differences at a greater level, by operating as a technical barrier arbitrating competition on food and agricultural commodities. In such a context, consumer and his health protection finally were at its center, a place where multilevel sources belonging to National, Community and International scope started to interact and intertwine, giving hence birth to the now-a- days food legislation. Generally speaking, food law concerns the disciplining of foodstuffs in the food safety perspective, taking into account all the steps happening along the supply chain: from inputs production to the commercialization of the product. As a matter of fact, the food element must respond to specific health and hygiene requirements and must be different and unique, granting products diversity in the market on the basis of its specifications. In order to satisfy all those standards and at least survive the uncertainty and volatility of the concerned market, food producers found themselves to be the weakest part of the agri-food supply chain. Often at the mercy of the most powerful counterparties, represented from time to time by the transformation industry or by the large-scale distribution, they’ve always been looking for better solutions and protection in the attempt of gaining the hoped and deserved bargaining power. Innovation, and most of all, technological innovation, has scored a goal in favor of this “exploited” party, but not without bearing also some drawbacks and increasing responsibilities. In this context, the food operator is hence always trying to fit his dynamic role and looking for a better stability, which must balance innovation, tradition, food safety, market interests and keep up with consumers’ changing tastes: novel food is clearly an example of how difficult is to offset all those divergent forces. In this picture, the position occupied by the food consumer must not be left aside, remembering his key role in decision making, which requires the appropriate disposition of information and the upstream protection of both of his health and economic interests. The legislator is hence trying to help

him in being autonomous at taking conscious choices by means of a new set of tools, such as food traceability and requirements, transparency of information and correct labelling. In order to achieve this purpose, consumer’s weaknesses must be taken into account, not only because of the primary involvement his health, but also because the act of exposing himself to the food market always bears uncertain consequences.