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2022/2023

Food Legislation

Code: 103236 ECTS Credits: 3
Degree Type Year Semester
2501925 Food Science and Technology OB 4 1

Contact

Name:
Montserrat Mor-Mur Francesch
Email:
montserrat.mor-mur@uab.cat

Use of Languages

Principal working language:
catalan (cat)
Some groups entirely in English:
No
Some groups entirely in Catalan:
Yes
Some groups entirely in Spanish:
No

Other comments on languages

Some lectures may be given optionally in English

Teachers

Joan Amenos Alamo
Eduard Grau Noguer

Prerequisites

Although there are no official prerequisites, it is convenient that the student revises the material covered in the following second and third year courses:  

  • “Anàlisi i control de la qualitat dels aliments” (food-quality analysis and control)
  • “Gestió de la Seguretat Alimentària i Salut Pública” (food safety and public health management) 

Objectives and Contextualisation

General objective:

To identify, analyse and understand the law framework applicable to the production and marketing of food.

Specific objectives:

  • To provide students with a correct knowledge of the legal tools, techniques and practices to understand the legal frameworks at Spanish, European and international levels
  • To train students on the development of the objectives of food standardisation and legislation for:

-        Protecting the consumer in relation to good professional practices including professional ethics

-        Establishing equitable practices at the state, community and international levels

-        Publishing and promoting the applicable law

Competences

  • Act with ethical responsibility and respect for fundamental rights and duties, diversity and democratic values. 
  • Adopt an ethical stance and attach importance to quality in work.
  • Communicate effectively with both professional and non-professional audiences, orally and in writing, in the first language and/or in English.
  • Interpret and apply agrofood regulations.
  • Provide auditing and legal, scientific and technical advisory services to the agri-food industry.
  • Search for, manage and interpret information from different sources.
  • Show sensitivity to environmental, sanitary and social issues.
  • Take account of social, economic and environmental impacts when operating within one's own area of knowledge. 

Learning Outcomes

  1. Act with ethical responsibility and respect for fundamental rights and duties, diversity and democratic values. 
  2. Adopt an approach that is holistic and respectful of legal provisions when applying the technical knowledge acquired.
  3. Adopt an ethical stance and attach importance to quality in work.
  4. Carry out technical surveys based on scientific, legal and ethical data.
  5. Communicate effectively with both professional and non-professional audiences, orally and in writing, in the first language and/or in English.
  6. Describe the scientific sources of the law governing the agrofood business and comply with its principles.
  7. Evaluate legislation in several different countries and write the reports on these.
  8. Explain and provide a basis for the historical mechanisms of codes of conduct, legislation and civil responsibility in accordance with the cultures and degree of development of each country.
  9. Explain the profession's ethical principles.
  10. Issue expert reports taking into account existing legislation.
  11. Recognise and explain the factors that influence the degree of compliance with legislation.
  12. Recognise the risks of failure to comply with the law.
  13. Search for, manage and interpret information from different sources.
  14. Show sensitivity to environmental, sanitary and social issues.
  15. Take account of social, economic and environmental impacts when operating within one's own area of knowledge. 
  16. Use legal terminology correctly.

Content

The course is divided into two main blocks: (1) Introduction to Law and (2) Food Legislation. The content of each block is as follows:

Topic 1.- Presentation of the subject

1.1. General introduction

(1) Introduction to the Law

Topic 2.- What it means to be a State. What is ‘the Law’. What is the Public Administration and which are its different types

Topic 3.- The legal system. The constitution, laws and regulatory norms

Topic 4.- Administrative decisions. Resources and administrative control

Topic 5.- The public function

Topic 6.- Administration, the citizen and the company from a legal point of view. The freedom of a company. The public services

(2) Food Legislation

Topic 7.- Food law at international level

7.1. Role, structure and functioning of the Food and Agriculture Organization of the United Nations (FAO)

7.2. Role, structure and functioning of the World Health Organization (WHO)

7.3. The Codex Alimentarius

7.3. Role, structure and functioning of the World Trade Organization (WTO) and the Agreement on the Application of Sanitary and Phytosanitary Measures

Topic 8.- Introduction to the law at European Union level

8.1 Legislative bodies of the European Union

8.2 The food legislative process in the European Union

8.3. Primary law and secondary legislation (Regulations-Directives-Decisions-Recommendations and Opinions)

Topic 9.- Food law at the European Union level

9.1. The White Paper on Food Safety

9.2. Regulation 178/2002 on the principles of food law

9.3. Risk analysis: evaluation, management and communication

9.4. Role, structure and functioning of the European Food Safety Authority (EFSA) and its legislative impact

9.5. Role, structure and functioning of the European Commission and the Directorate-General for Health and Food Safety (DG SANTE)

Topic 10.- Distribution of competences among the main bodies involved in food safety in the Spanish State

10.1 Role, structure and functioning of the main food-related agencies at the state level

10.2 Role, structure and operation of the main food-related organisms in Catalonia

Topic 11.- Ethics and ethics in professional practice and ethical principles

Topic 12.- Concept of civil and professional liability

Methodology

The methodology of the course will be carried out in a mixed manner as detailed below: 

26 in-person hours: 

-       16 hours- Theoretical classes: consisting of exhibition classes, where the fundamental concepts of the content of the subject will be explained. 

-       8 hours- Presentation seminars, analysis and discussion of self-learning activities. Four seminars will be held, during which the students will present the tasks carried out. 

-       2 hours- Conferences: during the course, two conferences will be held by experts in the field. 

Self-directed study: 

-       Self-learning activities: students will have to perform different tasks autonomously that will contribute to the preparation of the subject from material provided by teachers and bibliography. These tasks involve additional search for information by students on one or more issues, which will have to be submitted in writing and defended orally. 

Note: in addition, one hour of resolution of doubts will be scheduled prior to the examination. Attendance at this activity is voluntary.

Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.

Activities

Title Hours ECTS Learning Outcomes
Type: Directed      
Expert speaker conference 2 0.08 9, 12, 16
Lectures 16 0.64 2, 3, 13, 6, 4, 9, 10, 8, 12, 11, 16, 7
Seminars 8 0.32 2, 3, 5, 14, 6, 10, 8, 12, 11, 16
Type: Supervised      
Seminars- tutorials 8 0.32 5, 11, 16
Type: Autonomous      
Preparation of practical cases and and exercises for the continuing evaluation 15 0.6 2, 3, 13, 6, 4, 9, 10, 8, 12, 11, 16, 7
Self Learning 24 0.96 2, 13, 6, 9, 10, 8, 12, 11, 16, 7

Assessment

The student assessment is going to be made according to the following distribution:

1.- Theoretical tests (theoretical examination) .......................................................................................65%

1.1.- Introduction to law .................................................................................................................25%

1.2.- Food Legislation ......................................................................................................................40%

2.- Self-learning tasks ......................................................................................................................................35%

2.1.- Written tasks ............................................................................................................................25%

2.2.- Oral presentation ...................................................................................................................5%

2.3.- Participation in discussions ...............................................................................................5%

3.- Attendance to theoretical classes, seminars and conferences................................................10 %

The student will pass the subject when his/her grade represents at least 50% of the total assessment and has passed each theoretical test with at least 5.0/10.0. If his/her fails one or both theoretical tests, students will have the opportunity to recover them independently, depending on individual needs.

Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
BPL tasks and course attendance 35% 0 0 1, 15, 2, 3, 13, 5, 14, 6, 4, 9, 10, 8, 12, 11, 16, 7
Examination: Lntroduction to Law and Food legislation 25% Introduction to Law; 40% Food legislation 2 0.08 2, 6, 4, 9, 10, 8, 12, 11, 16, 7

Bibliography

References about Fundamentals of Law:

    SÁNCHEZ MORÓN, M.: Derecho Administrativo. Parte general. Tecnos, 2016.

    GAMERO CASADO, E. i FERNÁNDEZ RAMOS, S.: Manual básico de Derecho Administrativo, Tecnos, 2016.

    ESTEVE PARDO, J.: Elementos de Derecho Administrativo, Marcial Pons, 2015.

    RECUERDA GIRELA, M.A., Tratado de Derecho alimentario, Aranzadi, 2014.

References about Food legislation:

    Agencia Estatal Boletín Oficial del Estado. 2022. Diarios oficiales. https://www.boe.es/

    Commission of the European Communities. 2000. White paper on food safety

    Commission of the European Communities. 1997. The general principles of food law in the European Union- Commission Green Paper

    Coutrelis, N. & Caussanel, S. 2017. The role and mission of the Codex Alimentarius and its relation to its parent institutions. Source: European Food and Feed Law Review, 12(3): 212–216. https://doi.org/10.2307/90010364

    European Union. 2022. EUR-Lex Access to European Union Law. Cited 5 July 2022. https://eur-lex.europa.eu/homepage.html?locale=en

    FAO/WHO. 2022. Codex Alimentarius Standards. https://www.fao.org/fao-who-codexalimentarius/codex-texts/list-standards/en/

    Goodburn, K. 2001. EU food law: a practical guide. 1st edition. Cambridge, Woodhead Publishing Limited.

    Holland, D. & Pope, H. 2003. EU food law and policy. 1st. edition. The Hague, Kluwer Law International.

    Kirchsteiger-Meier. E & Baumgartner, T. 2014. Global food legislation: an overview. 1st edition. Weinheim, Wiley-VCH.

    Kotwal, V. 2016. Codex Alimentarius Commission: role in international food standards setting. In: Encyclopedia of Food and Health. pp. 197–205. Elsevier. https://doi.org/10.1016/B978-0-12-384947-2.00397-4

    MacMaolain, C. 2007. EU food law- protecting consumers and health in a common market. 1st edition. Cornwall, Hart Publishing.

    van der Meulen, B. 2019. Impact of the Codex Alimentarius: The Influence of the Joint FAO/WHO Food Standards Programme on EU Food Law. Feed Law Review, 14(1): 29–50. https://doi.org/10.2307/26670663

    Szajkowska, A. 2012. Regulating food law risk analysis and the precautionary principle as general principles of EU food law. 1st. edition. Wageningen Academic Publishers.

    World Trade Organization. 1996. Agreement on the application of sanitary and phytosainatry measures

Software

There are no programs for this subject