Regulation (EC) No. 178/2002

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Regulation (EC) No. 178/2002

Title: 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 for food safety
Designation:
(not official)
Basic food regulation
Scope: EEA
Legal matter: Food law , environmental law
Basis: EGV , in particular Art. 37 , 95 , 133 and 152 Para. 4 lit. b ,
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be used from: February 21, 2002
Reference: OJ L 31 of 1.2.2002, pp. 1-24
Full text Consolidated version (not official)
basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

The Regulation (EC) no. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority food safety and laying down procedures in matters of food safety is a European regulation that applies to all the Member States EU is directly binding.

Its creation was significantly influenced by the international Codex Alimentarius standards.

The basic, general food law is formulated in the regulation. This meant major changes for national legislation, as the laws on food law (in Germany from LMBG to LFGB ) had to be adapted. This regulation also regulated the establishment and functions of the European Food Safety Authority . This EU authority works with national authorities to ensure food safety.

structure

Regulation (EC) No. 178/2002 (with the CELEX number 32002R0178) is divided into 5 chapters.

Chapter I.

The purpose, the scope and definitions ( legal definitions ) for the regulation are specified in 3 articles .

The regulation is intended to create the basis for a high level of protection while at the same time guaranteeing a functioning internal market (see Articles 28–30 of the EC Treaty ). The ordinance applies to all stages of production, processing and distribution of food and feed.

Food is " any substance or product which is intended or which can reasonably be expected to be ingested by humans " (Article 2). In the following, various product classes are excluded, e.g. E.g .: feed, pharmaceuticals, cosmetics, tobacco, residues and contaminants. Since food additives are not excluded here, they are also considered to be food.

article 1

Objective and scope

(1) This Regulation lays the foundation for a high level of protection of human health and consumer interests in food, with particular reference to the diversity of food available, including traditional products, while ensuring the proper functioning of the internal market. It defines uniform principles and responsibilities, the prerequisites for creating a sound scientific foundation and efficient organizational structures and procedures to underpin decision-making in matters of food and feed safety.

2. For the purposes of paragraph 1, this Regulation lays down the general principles governing food and feed in general and food and feed safety in particular at Community and national level. This regulation establishes the European Food Safety Authority. It also establishes procedures for issues that have an indirect or direct impact on food and feed safety.

(3) This Ordinance applies to all stages of production, processing and distribution of food and feed. It does not apply to primary production for private domestic use or to the domestic processing, handling or storage of food for private domestic consumption.

Article 2

Definition of food

For the purposes of this Ordinance, “ food ” means all substances or products which are intended or which can reasonably be expected to be consumed by humans in a processed, partially processed or unprocessed state. “Food” also includes beverages, chewing gum and all substances (including water ) that are intentionally added to the food during its production, processing or processing. With regard to drinking water , the task of the EU states in Art. 6 is particularly the control of chemical and microbiological contaminants . However, since the control of the quality of water for human consumption is already under Directive 80/778 / EEC (5), as well as the current EU Directive 98/83 / EC (6) (EU: 31998L0083) based on it If the quality of water intended for human consumption is treated, Regulation 178/2002 refers to compliance with these directives (Article 6).

"Food" does not include:

  1. Feed ,
  2. live animals, unless they have been prepared for human consumption to be placed on the market,
  3. Plants before harvest,
  4. Medicinal products as defined in Directive 65/65 / EEC (1) and Directive 92/73 / EEC (2) of the Council,
  5. cosmetic products within the meaning of Council Directive 76/768 / EEC (3),
  6. Tobacco and tobacco products within the meaning of Council Directive 89/622 / EEC (4),
  7. Narcotics and psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971,
  8. Residues and contaminants.

Article 3

Other ( definitions ):

For the purposes of Regulation 178/2002, the terms denote

  1. " Food law " means the legal, regulatory and administrative provisions for food in general and food safety in particular, be it at Community or national level, covering all stages of production, processing and distribution of food as well as feed produced by food-producing animals or fed to them;
  2. Food business any business, whether it is for profit or not and whether it is public or private, that carries out an activity related to the production, processing and distribution of food;
  3. "Food business operator" means the natural or legal persons responsible for ensuring that the requirements of food law are met in the food business under their control;
  4. " Feed " means substances or products, including additives, processed, partially processed or unprocessed, which are intended for oral animal feeding;
  5. “Feed business” means any business, whether or not for profit, public or private, involved in the production, manufacture, processing, storage, transport or distribution of feed, including producers who produce feed Produce, process or store feed on their own premises;
  6. "Feed business operator" means the natural or legal persons responsible for ensuring that the requirements of food law are met in the feed business under their control;
  7. Retail ” means the handling and / or processing of food and its storage at the place of sale or delivery to the end consumer; this includes loading points, catering operations, company canteens, large kitchens, restaurants and similar food supply facilities, shops, supermarket distribution centers and wholesale outlets;
  8. " Placing on the market " means holding food or feed ready for sale, including offering for sale or any other form of transfer, regardless of whether free of charge or not, as well as the sale, distribution or other forms of transfer itself;
  9. “Risk” a function of the likelihood of an adverse health effect and the severity of that effect as a result of the realization of a hazard;
  10. " Risk analysis " a process consisting of the three interconnected individual steps of risk assessment, risk management and risk communication;
  11. " Risk assessment " a scientifically substantiated process with the four stages of hazard identification, hazard description, exposure assessment and risk description;
  12. " Risk management " means the process of weighing up strategic alternatives in consultation with the parties involved, which is different from risk assessment, taking into account the risk assessment and other factors worth considering and, if necessary, the choice of suitable prevention and control options;
  13. " Risk communication " in the context of risk analysis is the interactive exchange of information and opinions on hazards and risks, risk-related factors and risk perception between risk assessors, risk managers, consumers, food and feed companies, scientists and other interested parties, including the explanation of the results of the risk assessment and the basis for risk management decisions;
  14. “Hazard” means a biological, chemical or physical agent in a food or feed, or a condition of a food or feed that may be harmful to health;
  15. Traceability ” means the ability to trace a food or feed, a food-producing animal or a substance that is intended or can be expected to be incorporated into a food or feed through all stages of production, processing and distribution to pursue;
  16. “Production, processing and distribution stages” means all stages, including the import of - and including - the primary production of a foodstuff up to and including its storage, transport, sale or delivery to the end consumer and, where relevant, importation , the production, manufacture, storage, transport, distribution, sale and delivery of animal feed;
  17. Primary production ” means the production, rearing or cultivation of primary products including harvesting, milking and farm animal production prior to slaughter. It also includes hunting, fishing and harvesting wild produce.
  18. End consumer ” means the last consumer of a food who does not use the food in the context of the activity of a food business.

Chapter II

The general food law is formulated here in Articles 4 to 21 .

Articles 14 (food safety), 15 (feed safety), 17 para. 1 (self-inspection) and 18 to 20 (traceability and recall obligation) determine the basic requirements for management (GAB 4), compliance with which according to the rules for cross compliance is a condition for the Obtaining EU agricultural subsidies is.

Chapter III

In this chapter (Articles 22 to 49) the regulations for the establishment of the European Food Safety Authority (EBL or EFSA for short) are formulated.

Chapter IV

Articles 50 to 52 stipulate the establishment of a rapid alert system in order to be able to quickly exchange knowledge about hazards arising from food or feed and to be able to better counter such risks. Articles 53 to 57 regulate the organization of immediate measures in emergencies and the planning of crisis management.

Chapter V

Here, in Article 58, the EU Commission is expanded to include a standing committee for the food chain and animal health and is given technical support. This committee will replace the Standing Veterinary Committee , the Standing Committee on Foodstuffs , the Standing Committee on Animal Nutrition and the Standing Committee on Plant Health . Articles 59 and 60 describe the functions of the committee and a possible conciliation procedure. Final provisions follow in Articles 61 to 65.

Additional Wikipedia articles

Web links

Individual evidence

  1. Regulation (EC) No. 178/2002 of the European Parliament and of the Council of January 28, 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures for food safety
  2. Codex Alimentarius Bayerische Landesanstalt für Landwirtschaft, no year, p. 8/9.
  3. ↑ Council Directive 98/83 / EC of November 3, 1998 on the quality of water intended for human consumption (31998L0083), Official Journal No. L 330 of December 5, 1998, pp. 32–54, accessed from EUR-Lex 3 . January 2013.
  4. Appendix II to Art. 93 of Regulation (EU) No. 1306/2013
  5. European Commission (Health and Consumers): The new structure of the standing committees.Retrieved on February 2, 2013.