Continuity and Change in British Food Law
At last the Government has served up the nouvelle cuisine of U K food law. The Food Safety Act 1990 is leaner and less generous in its proportions than its post war predecessors. It is rather more easily digestible. But, while promising much, it delivers very little and the gourmet, having digested the changes in the new Act, is left wondering whether she has had a meal at all. Modern food law has had as its two principal stated concerns the protection of public health and the prevention of unfair trade practices harmful to the economic interests of both consumers and fair traders. I The tendency towards complexity in food technology has shaped the response to these concerns. Such complexity makes it more difficult for the consumer to identify what it is she is eating and when it is unsafe. The limited expertise of consumers has therefore been bolstered by protective legislation permitting consumers to rely to a greater extent on the traders to produce safe, nutritious food, which is informatively labelled. The framework for modern food law was developed between 1860 and 1955 and, until recently, has remained substantially unchanged since. The Food Act 1984 consolidated the Food and Drugs Act 1955 with the amending measures passed in the interim period. The 1984 Act, however, was regarded as distinctly creaky when it was passed and has largely been overtaken by provisions in regulations made under the Act which have addressed issues raised by new food technologies, new methods of analysis and control, and compliance with the extensive obligations of membership of the European Community. So while the ostensible focus of the 1984 Act is on a number of criminal offences connected with food quality and safety, in fact the heart of the modem law is now contained in the more hidden subordinate legislation. The most conspicuous added ingredient to food law in the Food Safety Act 1990 is the addition of ‘safety’ to the title. Much of the surface appearance of the new Act is directed towards greater safety. Nevertheless, this change is not reflected in the underlying texture. Like its predecessor, the Food Act 1984, the 1990 Act is concerned with many aspects