Regulating food fraud: Public and private law responses in the EU, Italy and the Netherlands
The horsemeat scandal urgently raised the question of how to regulate food fraud. Responses across Europe have shown, on the one hand, differing approaches in terms of conceptualisation and management of food fraud and, on the other hand, the inconsistencies and weaknesses of the European Union Food Law system in dealing with food fraud. This chapter discusses how to deal with food fraud. The combination of a focus on framing public enforcement to food fraud prevention and the adaption of a punitive sanction system to fight food fraud, interest is growing in the use of private schemes. Some of these private schemes already recommend companies to use instruments that may prevent and manage crimes involving food. The use of private schemes means that businesses assume responsibility to avoid food law violations. Therefore, together with international and national regulatory schemes, private schemes provide a promising tool to combat food fraud.