food law in the eu
We’re beginning to think about issues involving the regulation of food in the EU (this is a very complex area and we won’t have time to learn all the details but Professor Diamond teaches a comparative food law course for anyone who wants to pursue these issues further in future).
The two examples of issues the materials address so far are associated with food borne diseases and the safety of food ingredients.
This week we are also reminded about the controversies over genetically modified food as the US (with Argentina and Canada) has been challenging EU rules on GM food before a WTO dispute tribunal and press reports have announced that the “EU was wrong in preventing the use of new modified varieties of corn, soybeans and cotton between 1998 and 2004 on its market” because the decision was not supported by scientific evidence. The text of the decision does not seem to be publicly available yet. But the idea that a WTO panel has stated that the EU’s 1998 moratorium on GM food, and rules introduced by a number of the Member States independently violated trade rules is interesting on a number of levels.
The EU has challenged Member State rules in the past on the basis that they are not supported by science. The EU is now characterised as acting in a protectionist manner as it has in the past characterised actions of the Member States.
The case also illustrates a contrast (which has long been apparent) between the EU’s precautionary approach to health issues and the US tendency to want to encourage innovation, intervening if it subsequently becomes apparent that there may be health issues.
For many in the EU GM foods involve environmental issues as much as (if not more than) health issues and it is not clear to what extent the Panel focused on these issues. If GM crops are not attractive to insects then birds which feed on insects may find it harder to find food…..
Does it make sense to have trade rules which produce a result whereby Monsanto decides (not intentionally and thoughtfully but as a by-product of product development decsions made for other reasons) how much ecological diversity we have on the planet?
Update: this story suggests that the panel did not get into questions of whether the EU’s rules were substantively justified but rather whether the delays produced by the moratorium were “undue delay” and therefore in breach of the rules.