Enforcing Transnational Private Regulation

Enforcing Transnational Private Regulation

A Comparative Analysis of Advertising and Food Safety

Private Regulation series

Paul Verbruggen

Most recent studies on transnational private regulation have limited themselves to the examination of a single regime, industry or sector. This book fills a gap in the current literature, offering a rich comparative study of the institutional design of transnational private regulation in the fields of advertising and food safety.

Chapter 8: Interplay between private food safety certification schemes and public enforcement

Paul Verbruggen

Subjects: law - academic, regulation and governance

Extract

The third-party certification schemes supplementing the BRC, GlobalGAP and FSSC 22000 standards use elaborate procedures to promote and ensure compliance with the standards they oversee. This chapter examines the links between these private schemes and public enforcement capacity, in particular national courts and administrative authorities concerned with the monitoring and enforcement of food safety laws and regulations. It discusses the interplay between certification schemes and public enforcement, determines the conditions that enable public food safety authorities to collaborate with such schemes and identifies the role that judicial enforcement plays in relation to these schemes. To that end, the chapter analyses the jurisdictions of the UK and the Netherlands. The reason to focus on these two countries is twofold. First of all, while collaboration between public and private actors in managing food safety risks is growing in Europe and elsewhere, the governments in the UK and the Netherlands are frontrunners in attuning their respective food safety controls to private certification schemes. In these jurisdictions sufficient data is now available to start assessing the ways in which collaboration between public and private actors in food safety controls unfolds. Second, a focus on the arrangements in place in the UK and the Netherlands facilitates the discussion in the comparative analysis of the case studies (Chapter 9) given that both countries were also included in the case study of advertising.

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