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Horsemeat Crisis about to Tighten French Food Law

Gilles Boin


A draft law modifying the French Consumer Code was prepared by the government1 and is currently examined by the Parliament. Certain provisions, if they are adopted, will be of great interest for the food industry. In the context of the horsemeat crisis, the purpose of this draft is to increase and facilitate the sanction of frauds and unfair commercial practices, and to give more powers to the control services to supervise the market. This is a legitimate objective. However, it should not be the occasion to deprive, or to discourage, the food industry from defending its positions in a matter of high regulatory and technical complexity. Readers of this review know that food labeling, food composition, etc. are not the easiest fields of law to deal with. Sometime, what seems to look like a lack of conformity or a fraud could turn into a question of legal interpretation if we take into consideration all the sources of law (French and EU laws, codes of practices, case law precedents, etc.) and the necessary compatibility between them. Increasing sanctions and powers of control is legitimate, but it should be accompanied by the protection of the rights to defend. This second part is the weak part of the draft law. The draft law is not adopted yet. We are at the very beginning of the legislative process, and it will probably be modified and will have to be completed by implemented decrees. Hereunder is a flavor (not exhaustive) of what could be expected in the future.

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