Article | REF: TR880 V1

Traceability of food and non-food products: the scope of constraints

Author: Henri TEMPLE

Publication date: November 10, 2008

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AUTHOR

  • Henri TEMPLE: Lawyer, international expert - Director of the Centre du droit de la consommation et du marché (CDCM), the Master in Consumer Affairs and the European Master for Consumer Affairs (EMCA) at the University of Montpellier.

 INTRODUCTION

Opinions differ as to the extent of the traceability obligation.

The scope may be limited for some, or very broad for others, with managerial consequences – and consequent costs – or legal sanctions.

To avoid making for difficult reading, it is preferable to begin with an analysis of the mandatory texts dealing with traceability, in line with the rules of interpretation that the judge is likely to use. For sooner or later, it is the judge who will have the last word.

It's only in an appendix devoted to arguments to the contrary (prolepses) that we will discuss and –– hopefully refute the different interpretations once and for all.

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Traceability of food and non-food products: the scope of constraints