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Introduction to the Special Issue on the Patterns of Interplay between Public and Private Food Regulation

Published online by Cambridge University Press:  20 January 2017

Paul Verbruggen  and
Tetty Havinga
Paul Verbruggen
Affiliation:
Private Law
Tetty Havinga
Affiliation:
Sociology of Law, Radboud University, Nijmegen
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Abstract

This Special Issue aims to develop a deeper understanding of the interplay between public and private actors in the regulatory governance of food. It starts from the observation that the traditional concept of law as command-and-control legislation and law enforcement by national governmental bodies, including inspectorates and courts, is not adequate to capture today's world of food governance. Nowadays, a broad range of public and private entities acting at national and international level seek to shape and influence the production, trade and handling of food and the risks involved therein. Drawing on data from Europe and the United States, the contributions to this Special Issue seek to unravel the intimate, yet complex ties between public and private actors within governance arrangements regulating food safety and sustainability. The articles are focused around the various phases of the policy cycle for food governance, thus addressing the interaction in stages of agenda-setting and rule-making, adoption and implementation, monitoring and enforcement, and evaluation and review. In descriptive terms, each contribution lays out the ‘who’ (actors), the ‘what’ (activity), the ‘why’ (rationale) and the ‘how’ (instruments) of food governance. In evaluative terms, the papers discuss and explain the results and challenges of the design of the public private governance arrangements. Jointly, the contributions offer original and invaluable empirical insights explaining the rise, design and challenges of mixed governance arrangements in the food sector.

Type
Special Issue on the Patterns of Interplay between Public and Private Food Regulation
Information
European Journal of Risk Regulation , Volume 6 , Issue 4 , December 2015 , pp. 482 - 487
Copyright
Copyright © Cambridge University Press 2015

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References

1 Vos, Ellen and Wendler, Frank (eds), Food Safety Regulation in Europe. A Comparative Institutional Analysis (Antwerp/Oxford: Intersentia, 2006)Google Scholar; Abels, Gabriele and Kobusch, Alexander, “Regulation of Food Safety in the EU: Explaining Organizational Diversity among Member States”, in Havinga, Tetty, Van Waarden, Frans, Casey, Donal (eds), The Changing Landscape of Food Governance (Cheltenham: Edward Elgar, 2015), pp. 39–56 Google Scholar.

2 Fairman, Robyn and Yapp, Charlotte, “Enforced Self-Regulation, Prescription, and Conceptions of Compliance within Small Businesses: The Impact of Enforcement”, 27 Law and Policy (2005), pp. 491–519 CrossRefGoogle Scholar; Martinez, Marian Garcia, Fearne, Andrew, Caswell, Julia and Henson, Spencer, “Co-regulation as a Possible Model for Food Safety Governance: Opportunities for Public-Private Partnerships”, 32 Food Policy (2007), pp. 299–314 CrossRefGoogle Scholar; Martinez, Marian Garcia, Verbruggen, Paul and Fearne, Andrew “Risk-based Approaches to Food Safety Regulation: What Role for Co-regulation?” 16 Journal of Risk Research (2013), pp. 1101–1121 CrossRefGoogle Scholar.

3 Spencer Henson and John Humphrey, “The Impacts of Private Food Safety Standards on the Food Chain and on Public Standard- Setting Processes”, Paper Prepared for FAO/WHO May 2009, available on the internet at http://www.fao.org/docrep/012/i1132e/i1132e00.pdf (last accessed on 16 July 2015); Meidinger, Errol, “Private Import Safety Regulation”, in Coglianese, Cary, Finkel, Adam M., Zaring, David (eds), Import Safety: Regulatory Governance in the Global Economy (University of Pennsylvania Press, Philadelphia, 2009), pp. 233–253 Google Scholar.

4 Fulponi, Linda “Private Voluntary Standards in the Food System: The Perspective of Major Food Retailers in OECD Countries”, 31 Food Policy (2006), pp. 1–13 CrossRefGoogle Scholar; Havinga, Tetty, “Private Regulation of Food Safety by Supermarkets”, 28 Law and Policy (2006), pp. 515–533 CrossRefGoogle Scholar; Tetty Havinga, “Transitions in Food Governance in Europe. From national towards EU and global regulation and from public towards hybrid and private forms of governance”, Nijmegen Sociology of Law Working Papers Series 2012/02, available on the internet at http://ssrn.com/abstract=2189478 (last accessed on 16 July 2015); Marsden, Terry, Flynn, Andrew and Harrison, Michelle, Consuming Interests: The Social Provision of Foods (London: University College London Press, 2000)Google Scholar; Marsden, Terry, Lee, Robert, Flynn, Andrew and Thankappan, Samarthia, The New Regulation and Governance of Food. Beyond the Food Crisis? (New York: Routledge, 2010)Google Scholar.

5 Nelson, Valerie and Tallontire, Anne, “Battlefields of ideas: changing narratives and power dynamics in private standards in global agricultural value chains” 31 Agric Hum Values (2014), pp. 481–497 CrossRefGoogle Scholar; Maloni, Michael J and Brown, Michael E., “Corporate Social Responsibility in the Supply Chain: An Application in the Food Industry”, 68 Journal of Business Ethics (2006), pp. 35–52 CrossRefGoogle Scholar.

6 Raynolds, Laura, “Fair Trade: Social Regulation in Global Food Markets”, 28 Journal of Rural Studies (2012), pp. 276–287 CrossRefGoogle Scholar.

7 Starobin, Shana and Weinthal, Erika S. “The Search for Credible Information in Social and Environmental Global Governance: The Kosher Label”, 12 Business and Politics (2010), pp. 1–35 CrossRefGoogle Scholar; Van Waarden, Frans and Van Dalen, Robin, “Halal and the Moral Construction of Quality: How Religious Norms Turn a Mass Product into a Singularity” in Beckert, Jens and Musselin, Christine (eds), Constructing Quality: The Classification of Goods in Markets, (Oxford, Oxford University Press, 2013), pp. 197 et sqq Google Scholar; Lytton, Timothy D., Kosher: Private Regulation in the Age of Industrial Food. Private Regulation in the Age of Industrial Food, (Harvard University Press, 2013)CrossRefGoogle Scholar.

8 Loconto, Allison and Foullieux, Eve, “Politics of Private Regulation: ISEAL and the Shaping of Transnational Sustainability Governance, 8 Regulation & Governance (2013), pp. 166–185 CrossRefGoogle Scholar; Paul Verbruggen and Tetty Havinga, “The Rise of Transnational Private Meta-Regulators”, 10 Osgoode Hall Law School Working Paper Series (2014) No. 71, available on the internet at http://ssrn.com/abstract=2512843 (last accessed 16 July 2015).

9 Marsden et al., New Regulation and Governance of Food, supra note 4.

10 Fulponi, “Private Voluntary Standards”, supra note 4.

11 Tetty Havinga and Frans van Waarden, Veilig voedsel: Toezicht toevertrouwen? Sectorschets toezicht in de voedselsector, Report for the Dutch Scientific Council for Government Policy, (Den Haag: WRR, 2013) available on the internet at http://www.wrr.nl/fileadmin/nl/publicaties/PDF-webpublicaties/Web_70_Havinga_DEF2010.pdf (last accessed on 16 July 2015)..

12 See also: Verbruggen, Paul, “Gorillas in the Closet? Public and Private Actors in the Enforcement of Transnational Private Regulation, 7 Regulation & Governance (2013), pp. 512–532 CrossRefGoogle Scholar; Verbruggen, Paul, Enforcing Transnational Private Regulation: A Comparative Analysis of Advertising and Food Safety, (Cheltenham, Edward Elgar, 2014)CrossRefGoogle Scholar.

13 Hood, Christopher, Rothstein, Henry and Baldwin, Robert (2001), The Government of Risk. Understanding risk regulation regimes, (Oxford, Oxford University Press, 2001), at p. 26–27 Google Scholar; Abbott, Kenneth W. and Snidal, Duncan, “The Governance Triangle: Regulatory standards institutions in the shadow of the state”, in Mattli, Walter and Woods, Ngaire (eds), The Politics of Global Regulation, (Princeton, NJ [etc.]: Princeton University Press, 2009), pp. 44–88, at p. 63Google Scholar.

14 Scott, Colin, “Regulating Everything: From Mega- to Meta-regulation”, 60 Administration (2012), pp. 61–89 Google Scholar.

15 Henson, Spencer and Humphrey, John, “Codex Alimentarius and private standards”, in Van der Meulen, Bernd (ed.), Private Food Law. Governing food chains through contract law, self-regulation, private standards, audits and certification schemes, (Wageningen: Wageningen Academic Publishers, 2011), pp. 149–174, at p. 155-156Google Scholar; Tetty Havinga, “Conceptualizing regulatory arrangements: Complex networks and regulatory roles”, in Havinga, Changing landscape of food governance, supra note 1, pp. 19-36.

16 Van der Heijden, Jeroen, “Friends, Enemies or Strangers? On Relationships between Public and Private Sector Service Providers in Hybrid Forms of Governance”, 33 Law & Policy (2011), pp. 367–390 CrossRefGoogle Scholar.