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March 08, 2011
Author: lex calleja
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Services > Food Law

Food Law

This is a relatively new area of legal practice which has emerged as a separate and distinct discipline on its own merits. The practice area of food law is of interest to those involved in any sector and on any level of food and beverage production and distribution, and therefore from the food and beverage manufacturer to the exporter or importer, wholesaler or distributor and ultimately the catering establishments.

There are three main areas of concern in matters pertaining to food law:

(1) Health and safety regulation of food products, and therefore the application of HAACP to every stage of production, handling and distribution of foods.

(2) Intellectual property, GOP and DOC certification as proprietary right and geographical and production systems method of protections.

(3) Free circulation within the borders of the European Single market as limited by the application of the precautionary principle by the food regulatory authorities of Member States.

Indeed, food and beverage produce are now subject to recent European enactments regulating, not only the production of food and its storage but also measures restricting or permitting sale and distribution. This area serviced by Calleja & Associates is of special interest to those endeavouring to export their products, whether food, beverage or medicinal for distribution within the European markets.

Calleja & Associates provides the necessary advice and resources in order to deal with the regulatory bodies involved in the municipal and pan-European distribution of food products and beverages. Given recent developments at both the industrial and legislative levels, it has become important for firms to recognise the effects that the use of the precautionary principle by EU States to limit distribution of target products within their respective markets as opposed to the pillar of frees movement of goods within the Union.

Measures taken by States may have a severely incapacitating effect on the food business whether in general or in particular and corporate legal strategy in this area has become ever more significant. And neither is this area of practice limited to what is imported or exported to member states of the EU. Indeed, legislative sanctions have also been placed upon European stakeholders in the export of their products to third countries.

Our professional advice, informed by actions instituted before the European Court of Justice and the local state authorities, ensure that our clients meet the stringent criteria required of them to surmount trade barriers with relative ease and reach their ultimate goal of introducing and distributing their products to the large EU market.