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Original Articles

European and German Food Legislation Facing Uncommon Foodstuffs

, &
Pages 787-800 | Received 24 Oct 2010, Accepted 03 Feb 2011, Published online: 14 Jun 2013
 

Abstract

In Europe, uncommon foodstuff (UFS, i.e., traditional foods from specific European regions and uncommon ethnic foods from non-EU countries) have been contributing to a diversification of the food supply. E-commerce and specialized retail shops are the main sources for UFS. This article discusses the legal bases for UFS introduction and evaluation. By means of 35 representative UFS, this article analyses the possibilities of trade and veterinary inspection of these products in Germany, comparing European Union and national food legislation with the many idiosyncrasies the UFS presents. Conservatory legislation bans the trade with endangered species (primates, cetaceans, songbirds), but for many other species, this is a complex matter that may ban only subpopulations from trade. Although introduction of legal UFS is regulated (yet complicated), the lack of appropriate definitions, intra-European trade harmonization, and of sufficient scientific knowledge hampers a satisfactory evaluation of many UFSs, for example, reptile meat or terrestrial insects. In these cases, official inspection would only be very basic.

Notes

http://exporthelp.europa.eu/thdapp/taxes/MSServlet?languageId=EN&CFID=235154&CFTOKEN=18741087&jsessionid=6430d450c2c16c441226; Table 3 lists the product codes of those UFSs that may be imported into the EU without trade restriction.

Original names of German legal texts are given in italic, whereas English abbreviations are introduced to allow a quick reference. When German abbreviations are commonly used, they are also set in italic.

After the implementation of EU food legislation in 2004, German authorities performed an extensive alignment of German and EU regulations, eliminating all duplicate acts in favor of the European version. Fragments unconsidered by the EU but still relevant for the domestic market were rearranged in the “Regulation for the Implementation of the Prescription of the Community's Food Hygiene Legislation” (RegImplPreComFHygLeg; Verordnung zur Durchführung von Vorschriften des gemeinschaftlichen Lebensmittelrechts).

These acts also cover other items, for example, feeds and animal products not destined for human consumption. Dir [CE] 97/78 refers to the acts Dir [CE] 89/662, 90/425, 92/118, and 2002/99, and Reg (CE) 1774/2002 and 854/2004.

As will be seen later, foodstuffs are characterized beyond the Reg (CE) 178/2002 definition in Reg (CE) 853/2004, which in turn is the basis for subsequent legal acts.

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