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Issues Concerning the Definition of ‘Placing on the Market’ Under Regulation (EC) No 178/2002

open-access


Craig Simpson


The definition of ‘placing on the market’ under Regulation (EC) 178/2002 is wider than that commonly found in other European Union product legislation in terms of the actions of food or feed business operators which constitute placing on the market, where those actions are undertaken and where food or feed placed on the market is consumed or used. This Article explores the regulatory compliance implications of this wider definition in two specific areas; firstly, the requirement under European Union law for pre-market authorisation of certain food and feed products or ingredients and, secondly, the continued circulation of food and feed of non-animal origin placed on the European Union or United Kingdom market by the 31 December 2020 transition deadline under the Withdrawal (‘Brexit Divorce’) Agreement.

Senior Legal Officer, Internal Market Affairs, EFTA Surveillance Authority. The views expressed in this article are those of its author only and do not necessarily represent the views or position of the EFTA Surveillance Authority

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