Regulation 2002/178 - General principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety

1.

Summary of Legislation

SUMMARY OF:

Regulation (EC) No 178/2002 – general principles and requirements of food law, establishing the European Food Safety Authority and procedures for food safety

WHAT IS THE AIM OF THE REGULATION?

  • It strengthens the rules on the safety of food and feed in the EU.
  • It also sets up the European Food Safety Authority (EFSA), which provides support for the scientific testing and evaluation of food and feed.
  • The regulation does not cover primary production for private domestic use or the handling of food at home.

KEY POINTS

  • No foods dangerous to health or unfit for consumption may be put on sale. The following factors are taken into account:
    • the normal conditions under which food is used by the consumer;
    • information provided to the consumer;
    • the effect on health, in the short and long term;
    • cumulative toxic effects;
    • specific sensitivities of certain consumer groups, for example children.
  • If any unsafe food or feed is part of a batch it is assumed that the whole batch is unsafe.
  • Food legislation applies at all stages of the food chain, from production, processing, transport and distribution to supply. In particular, food businesses must:
    • guarantee the traceability of food, feed and food-producing animals at all stages of production and distribution,
    • immediately withdraw food or feed from the market, or recall products already supplied, if these are considered to be harmful to health,
    • inform the appropriate authorities, and consumers where necessary.
  • The Authority provides scientific and technical support to the European Commission and EU countries in all areas impacting on food safety. It is also responsible for coordinating risk assessments, identifying emerging risks and advising on crisis management.
  • Where risk is identified following a health risk analysis, EU countries and the Commission may adopt provisional precautionary measures consistent with a high level of health protection.
  • The rapid alert system (RASFF) involving EU countries, the Commission and the Authority, provides for information sharing on:
    • measures to restrict the circulation of food, or its withdrawal from the market;
    • measures to restrict the circulation of food, or its withdrawal from the market;
    • action taken to control the use of food;
    • the rejection of a batch of imported food.
  • This information must also be made available to the general public where appropriate.
  • Where food or feed presents a serious and uncontainable risk to health or the environment, the Commission’s emergency protective measures can include suspending trade in or imports of the product. EU countries may take similar measures if the Commission fails to take action.
  • Together with the Authority and EU countries, the Commission must draw up a general crisis management plan to cover situations where the standard emergency protective measures are insufficient. Where such a case is identified the Commission must immediately set up a crisis unit to identify the options for protecting human health.
  • The EU also aims to protect consumers against fraudulent or deceptive practices in the food trade, such as food adulteration, and provide a basis for consumers to make informed choices about food.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 21 February 2002.

BACKGROUND

For more information, see:

MAIN DOCUMENT

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, pp. 1-24)

Successive amendments to Regulation (EC) No 178/2002 have been incorporated into the original document. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, pp. 1-175)

last update 20.10.2017

This summary has been adopted from EUR-Lex.

2.

Legislative text

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety