In the given scenario, there are a number of complex issues which arose not just because of competition but also because of lack of EU law knowledge. Andrew is a tomatoes producer based on Infra which is an EU member state. Since other two places are also in European Union, this is why the whole case will be analyzed through EU law.
Firstly, it should be bear in mind those countries/organizations and individuals, all follow a specific set of rules and regulation when dealing in food trade. Every country which falls under the EU law have to follow specific food security measures while doing trade.
If we analyze the case, we will come to know that Andrew lost millions of Euros because Ultra banned his tomatoes because of the fatal E.coli outbreak. In a global context, food trade has been expanding in step with the expansion of global trade in general. As a result, many countries find a growing share of their food supply coming from an increasingly diverse set of international sources. Assuring the safety of these imported products is a major concern of governments and companies. At the same time, exporting governments and companies have a large stake in assuring safety in order to protect their continued access to markets and the viability of their domestic industries (Goldberg, 2008, 88).
The choice of regulatory approach has a strong influence over how food safety assured in the global food trade. On one hand, process standards may require the certification of facilities in foreign countries if imported products are to be held to the same standards as domestically produced products. On the other hand, product or information standards may only require testing or inspection of the imported product at the port of entry. In either case, the sheer volume of processing locations or of products makes food safety assurance a challenging task in the global market.
Regulatory Trends
There are a number of laws through which international food trade conducted. We must bear in mind that Andrews' tomatoes must have passed the scientific and regulatory checks before its export to Ultra and Media. Developed countries are the regulatory pace setters, largely because their high incomes create both demands for food safety and resources to assure it. Regulatory trends in EU countries include:
A.Stronger public health and consumer welfare emphasis in decisions by regulatory agencies. This trend is leading to a supply chain or “farm to fork” approach that stresses identifying where hazards introduced and how they can be most effectively controlled (Ross, 2006, 68).
B.Adoption of more stringent safety standards, with a broader scope of standards. Examples of more stringency include specific load standards for Escherichia coli, Salmonella, or other pathogens in meat products. Examples of a broadening scope of regulations include improved feeding restrictions to avoid the spread of BSE in cattle and tolerances for dioxin in feeds and foods.
C.Adoption of the HACCP approach to assuring safety. Under the Hazard Analysis Critical Control Point (HACCP) approach, companies ...