Autore
Costato, Luigi

Titolo
La sicurezza degli alimenti nella prospettiva del diritto agroalimentare = Food safety in the perspective of the agri-food law
Periodico
Economia & diritto agroalimentare
Anno: 2010 - Volume: 15 - Fascicolo: 2 - Pagina iniziale: 179 - Pagina finale: 188

The author questions on the strength of the relationship between the agricultural and the food law, to verify the current validity of the definition agri-food law. In order to do so, the author traces the relationship between the Community and the National Law primarily observing that the living law of agriculture is strongly influenced by that of the Community. Originally, the Community law mainly tended to influence the markets, through of a series of interventions based essentially on price support and salary increase policies, aimed at filling the gaps, due to the initial lack of interest of the Internal legislator for the discipline of agricultural markets. In the discipline of the current annex I to the Treaty of the European Union, one identifies the bases of a mercantilisation of the agriculture and an opening towards the agri-food law, which did not totally catch the national law out, e.g. art. 2135 c.c. and its reformulation were able to better guide the farmer towards the market and the services. Food safety issues justify the intervention of the Community for an approximation of the laws and relative to plant and animal products as well as the chemicals permitted in agriculture to increase production levels, but potentially dangerous for the intrinsic characteristics or the method of use. The Community law, therefore, progressively established a set of rules aimed at disciplining the circulation of food products and not, starting from the addresses relative to the characteristics of the products to the decisions regarding the restrictive measures and the mutual recognition principle. The separation between the two subjects finally finds its emblem in the Reg. CE 178/2002 on the general principles and requisites of food law. The concluding remark of the author leads towards a rediscovery of the current validity of the term agri-food law: this validity overcomes the grey zone of the agricultural or industrial origin of the products and it is based on the objective fact, which characterises the agri-food law. The objective fact is the regulation of the production and trade of goods, which are not external to the consumer, but are destined to be regularly introduced in the organism. Hence, the protection of the food consumer adopts absolutely specifics aspects: one can start from here to build a possible reconstruction of the food norms contained in the Community and in the Internal systems, always considering the agricultural law in an entirely new way: a law, which does not only look after the productive process, but also the result of that activity.



SICI: 1970-9498(2010)15:2<179:LSDANP>2.0.ZU;2-7
Testo completo: http://www.fupress.net/index.php/eda/article/download/8552/8008

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