EU Food Law Handbook 2020

I am more than thrilled to announce the publication of the new edition of EU Food Law Handbook. It was an honour to be on the editorial board with my friend Bernd Van der Meulen and in that role work together with around twenty EU food law experts. Once again, Wageningen Academic Publishers did an excellent job in realizing the publication of an 800 page academic work in less than three months (!). Amongst others, Anna Szajkowska, Jens Karsten, Daniela Corona, Rozita Spirovska Vaskoska, Martin Holle, Irene Verheijen, Alexandra Eftimie, Dionne Chan, Antonia Corini, Ph.D., Karola Krell Zbinden, Bernard Maister, Valeria Paganizza and Bram de Jonge wrote an excellent contribution, in which they reflect on food law related issues in their field of expertise.

About

Taking the General Food Law as a focal point, this handbook systematically analyses and explains the institutional, substantive and procedural elements of EU food law. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food to consumers through labelling. These rules define requirements on subjects like market authorisation for food additives, novel foods and genetically modified foods, chemical and biological contaminants in food, food hygiene, tracking & tracing, withdrawal & recall, food labelling and claims. The powers of public authorities to enforce food law and to deal with incidents are outlined. Attention is given to the international context (WTO, Codex Alimentarius) as well as to private standards.

In addition to the systematic analysis, the book includes selected topics such as nutrition and health policy, special foods, food import requirements, food contact materials, intellectual property, private food law, and animal feed. In this new edition, existing chapters have been updated to take account of many important developments in legislation and case law. Several new topics have been added to the analysis such as the right to food, organics and food fraud.

An interview in Dutch about this publication can be found here.

Personal touch

The publication of this edition is quite special to me. The first ever edition of this book was published in 2004, when I was a student-assistant at Wageningen University. On my first day I was invited to the book launch. During this ceremony, I realized I wanted to become an author as well, and somehow I managed to become one. Therfore, being a member of the editorial board in 2020 is particularly special to me. The seed that pas planted in 2004 has led to an interesting harvest!

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Bhasin v. Hrynew (2014) the Supreme Court of Canada

Good faith in Canada…

Why is this ruling so important?
In this ground-breaking ruling, the Canadian Supreme Court affirmed the existence of the principle of good faith in contract law. This is a wonderful example of the application of ius cogens, or general principles of law. Since the Supreme Court of Canada had ruled that lower courts may not overrule decisions of higher courts (the so called Stare Decisis doctrine), and the Supreme Court is the highest Canadian court, the principle of good faith in contract law applies fully in all Canadian States.

What happened?
Two competing sales agents (Bhasin and Hrynew) sell education saving plans for Can-Am. This latter company allows sales agents to sell their investment products under a dealer agreement. This dealer agreement automatically renews every three years, unless a notice of termination was given at least six months before the end of a period. It is no secret that Bhasin and Hrynew do not like each other. Hrynew wants to take over the nice market of Bhasin, and proposes a merger. Not surprisingly, Bhasin rejects the proposal. Can-Am, who will probably benefit from this merger, appoints Hrynew as auditor to review the dealer agreements. This leads to the situation that Hrynew has a biased function (audotor and competitor). As a result,. Bhasin does not want to be transparent regarding the details of his business. This is a reason for Can-Am to terminate the contract, leaving Bhasin on the edge of bankruptcy.  

What was decided?
The Supreme Court ruled that a dealer agreement should be understood and used in good faith. The termination clause was abused, since Bhasin could never leave up to the expectaction that he would reveal all his business secrets to his most important competitor (this time acting in his capacity as auditor). After all, that would reduce the value of his business to almost zero.

Important quotes from the verdict
 ‘I have concluded that Can-Am’s breach of contract consisted of its failure to be honest with Mr. Bhasin about its contractual performance and, in particular, with respect to its settled intentions with respect to renewal. It is therefore liable for damages calculated on the basis of what Mr. Bhasin’s economic position would have been had Can-Am fulfilled that duty. While the trial judge did not assess damages on that basis given her different findings in relation to liability, she made findings that permit this Court to do so.’ 

Most relevant Articles
The Court based its findings on an impressive survey of legal literature and case law in various common law countries. The basis for the verdict is not a codified standard, but a general principle of law.

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The corona tapes

I did some writing about the corona crisis, discussing mainly ethical, legal and (perhaps) historical perspectives of this crisis. It is mainly in Dutch. Here is an overview:

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