A non-exhaustive list of tips that will make your food law/regulatory journey easier
Fun fact: food law is mostly practised by non-lawyers
Food law, in itself, seems to be a challenging topic to master. However, you may be surprised to know that this discipline is primarily practised by non-lawyers, such as quality assurance managers, R&D experts, food safety coordinators, and others.
I would even argue that everything related to food law is easier to tackle than developing mind-boggling food components from scratch, and I can prove this by offering some advice to make your journey more digestible, pun intended.
#1 - Don’t copy a competitor’s strategy
You can never guess from the outside what risks they took. If you feel they had it too easy to put the product on the market, they may have burned bridges.
Although most companies comply with the applicable legal provisions for their product, some may decide to bypass them or may not even be aware of them due to a lack of awareness.
#2 - Don’t neglect room for interpretation of legal provisions
When you read a provision that feels too fluffy, it’s because the extra words give room for interpretation in its application. Remember, the law is not an exact science.
The adjective “significant” in the following sentence emphasises that the degree of consumption varies between food categories, giving room for manoeuvre to companies to argue that their food has an integral place in one’s diet.
“This food is considered safe if it is consumed to a significant degree without adverse side effects.”
#3 - Don’t confuse food law with intellectual property (IP) law
They are two different disciplines. A patent does not automatically translate into authorisation.
To be approved, a novel food does not need to be patented; compliance with food law regulations falls outside the scope of IP law.
#4 - Don’t overlook the local rules applicable to your foreign-approved product
Food is a global concept, but regulatory requirements are based on local considerations.
Cell-based meat has been authorised in the US and Singapore, among other places, but is currently not permitted in the European Union.
#5- Don’t extend the scope of an authorisation by yourself
An authorisation is tied to the applications foreseen by its receiver. If you want to go beyond its scope, you may be stepping into an area of illegality.
If a novel food is only meant to be used in plant-based meat applications, and milk alternatives were not considered in the authorisation, an extension of scope is required by submitting a new dossier.
#6 - Don’t delay compliance to the end of your R&D phase
Being aware of limitations early on offers you the possibility to pivot to a product that may have fewer requirements.
One of the biggest mistakes my clients make is leaving regulatory due diligence until the very last step of their R&D phase. If you act earlier, you can modify the production methods, raw materials, or product applications that may help you avoid pre-market approval.
#7 - Bonus tip
Lastly, think outside the box. A piece of legislation may not regulate certain matters, but it can be guided by a standard from an international organisation, such as the Codex Alimentarius Commission, the OECD, or ISO.
Those international standards set a baseline for a variety of topics (microbiological parameters, labelling, residue limits and more) which may come up handy when a given country does not a dedicated regulation on them.
If you’ve made it this far, I have a surprise for you.
Currently, I am selling recordings of my last “EU Food Law for Non-Lawyers” cohort, which also includes a 30-minute one-on-one session with me.
I am updating its content and including more examples, which will help you master EU Food Law even more easily, but at a slightly higher price. Hence, if you still want to educate yourself on the topic, don’t wait until the new price kicks in!
A mini-course on “EU Food Law Essentials” is also available, and both products are currently priced without VAT as a gift to you.
Please don’t hesitate to suggest topics for future articles or posts. I am always happy to share my knowledge.
Cheers,
Mathilde