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Author: Vicente Rodríguez Fuentes

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Spain: Spanish Draft Regulation on Food Supplements journal article

Vicente Rodríguez Fuentes

European Food and Feed Law Review, Volume 9 (2014), Issue 2, Page 131 - 132

The Spanish Authorities have submitted a new draft regulation on food supplements to the European Commission. This communication followed Council Directive 83/189/EEC of 28 March 1983 which lays down a procedure for providing information in the field of technical standards and regulations and following Article 11 of Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and certain other substances to foods. The Spanish draft regulation has been communicated via the European Commission to the other Member States who, like the Commission, can submit their comments and objections to the Spanish Draft.

The Berger Case: Food Risk and Public Information. Professional Secrecy and Reputation. journal article

Vicente Rodríguez Fuentes

European Food and Feed Law Review, Volume 8 (2013), Issue 3, Page 199 - 201

The Berger Case: Food Risk and Public Information. Professional Secrecy and Reputation. Judgement of the Court of Justice (Fourth Chamber) of 11 April 2013.

In its recent Judgement of 11 April 2013 the Court of Justice had the opportunity to adjudicate on the interpretation of Article 10 of Regulation 178/2002 and how the obligation to inform the public of food risks is regulated. Since the communication of a food risk can potentially have devastating economic effects, Food Law specialists would be very interested in any judicial interpretation providing criteria to help assess when and how food authorities should inform the public of a food risk. Although the Judgement does not specifically elaborate on this question – the interpretative criteria – but rather on when the authorities are able to communicate a food risk or, more specifically, when they are not prevented from doing so, this is still an interesting decision because it deals with an extremely important matter: the question of the balance between the right to information and the right to reputation in the food sector.

The Regulation of Food Risk Communication in Spain and the EU journal article

Vicente Rodríguez Fuentes

European Food and Feed Law Review, Volume 5 (2010), Issue 4, Page 204 - 215

Tension exists between the right of the public to be informed of the risk posed by a particular food product and the protection of the producer’s reputation. Moreover, the use of the Rapid Alert System (RASFF) can potentially have very serious consequences for affected companies and products, far beyond those posed by any legal sanction. In this article, I intend to offer a practical view on the legal principles and regulations applicable to these situations, the conditions in which authorities can resort to the alert system and disclose information affecting products or companies, the procedure they should respect in adopting this decision, as well as the possible legal remedies to which affected companies can resort. I also contemplate – briefly – the legal situation when information concerning a risk is communicated by an individual or group. The article analyses the regulation of these problems in the European Union and Spain.

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