Food safety challenges imposed on the production, processing and distribution of food : a legal analysis

Abstract

The aim of the thesis is to conduct an extensive study on food safety law in Malta by legally analyzing the Food Safety Act and the subsidiary legislation pertaining to it. Such legislation finds its roots in the various European Regulations and Directives; which is also examined, however within the context of its applicability in our municipal law. While legal literature pertaining to European legislation is vast, the extent of sources regarding our municipal law leaves a lot to be desired. Moreover one can find various scientific and medical studies on the implications of having safe food; however the legal aspects of the subject within a local context have rarely been discussed. This is because, while good hygienic practices have always been adopted, and food safety requirements have always been imposed, the rationale of food safety being a means of consumer protection has only come about with the enactment of the Food Safety Act in 2002. Therefore the objective of the thesis is to provide an analysis of the legal framework pertaining to the subject within a local context. Consequently such an analysis consists in assessing the food safety regulations and the limitations imposed by law on the food business and the person responsible for it, while also evaluating the procedure used for the enforcement of such regulations and the criminal liability for their infringement. Moreover the role of the consumer is also discussed, together with an examination of his rights and the remedies available to him for any damage suffered trough unsafe food. Finally the thesis provides an inspection of the role and the functions of the administrative bodies regulating food safety in Malta.