Overview
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Étienne RIONDET: Doctor of Private Law - Lawyer at the Paris Court of Appeal
INTRODUCTION
Food poisoning is linked to the discreet development of pathogenic micro-organisms. These are not detectable by the average consumer; they do not alter the food. They don't give off unpleasant odors, so the food is consumed as naturally as possible.
Symptoms are generally the same: abdominal pain, colic, diarrhea and sometimes vomiting. In the most serious cases (major salmonellosis, listeriosis...), hospitalization is necessary. Poisoning can sometimes lead to death.
Nine thousand people die every year in the United States from food poisoning.
It is estimated that around a thousand cases of collective poisoning occur in France every year. In 1997 (latest statistics published in the Bulletin épidémiologique annuel de l'Institut de veille sanitaire), 478 outbreaks of TIAC (collective food poisoning) were reported in France, involving 7,817 patients; 5 fatal cases were recorded.
Fortunately, many cases of food poisoning are not serious. The victim considers that he or she has either had a "liver attack" or an intestinal upset, and leaves it to the doctor or to more or less appropriate self-medication. As a result, it is estimated that only one case in a hundred is reported to the health authorities.
The root cause of poisoning, which can have dramatic consequences for the consumer, is often a single culprit: failure to comply with hygiene rules. These rules are well known and well documented.
Sometimes, the professional's behavior goes beyond a simple failure to comply with hygiene or safety regulations. It is characterized by food fraud, which can be perpetrated not only by the manufacturer, but also by the distributor or importer.
please refer to the bibliographical references
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Legal liability of food industry players
References
French and European regulations
Civil Code – articles 1386-1 et seq.
Consumer Code.
Loi du 1 er août 1905 relative à la répression des fraudes dans la vente des marchandises et des falsifications des denrées alimentaires et des produits agricoles.
Council Directive of 1 September 1984 concerning...
Organizations
Direction générale de la concurrence, de la consommation et de la répression des fraudes.
Ministry of Agriculture DGAC.
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