About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

8 Eur. Food & Feed L. Rev. 212 (2013)
Partial Repeal of the Royal Decree on Quality Standards for Yogurt

handle is hein.journals/effl2013 and id is 228 raw text is: 212 I Reports EFFI. 312013 the proposal of the commitments when the com- mercial practice is manifestly unfair and of a serious nature. In conclusion, as this recent Decision of 27 Feb- ruary 2013 shows, the commitments tool in the field of the misleading/unfair commercial practices is getting more and more important and used by economic operators. Last but not least, it should be born in mind that, after the raising of the maxi- mum amount of the administrative fine in case of detected infringements of the rules of unfair com- mercial practices (e 5 million from e 500.000), it is also in the economic operators' interest to find a shared solution with the Antitrust Authority, not only in the light of getting more legal certainty with regard to the correct product advertisement in Italy, but also in order to avoid the imposition of very heavy sanctions. Barbara Klaus and Michele Gherardini Spain Partial Repeal of the Royal Decree on Quality Standards for Yogurt On March 29, 2013, Royal Decree 179/2003 of Feb- ruary 14, 2003 on the quality standards for yogurt (the Royal Decree) was partially repealed by Royal Decree 176/2013 totally or partially repealing cer- tain technical sanitary rules on the quality of food products.2 The repeal of certain provisions of the new Royal Decree was intended to align the Spanish legal framework with European Union provisions, and will most notably affect technical hygiene require- ments, as well as certain labelling provisions, such as date marks. The hygiene, microbiological and contaminant testing requirements contained in the Royal Decree have been repealed, to align Spanish law with Euro- pean Regulations. The Royal Decree established detailed obligations with respect to microbiological testing and contaminants, as well as conservation measures for yogurts from the moment of produc- tion through their shelf life. By removing these detailed obligations, food business operators are given a bigger responsibility and a more active role in guaranteeing food safety, by being able to decide how to achieve food hygiene objectives more freely in their products. This is already the case in Euro- pean Regulations. In addition, the measure was adopted in the wider context of the Ministry of Agriculture's More Food, Less Waste strategy, which seeks to reduce unnecessary waste in food. This is achieved, for instance, by repealing the sell by obligation that had been set at 28 days following the date of production. From now on, yogurt producers will be free to set their own best before dates, giving the consumer the opportunity to decide whether they should consume these products after said date. This measure implies an acknowledgement that yogurts may still be safe for consumption after the best before date, even though their organoleptic proper- ties might be affected. Finally, the provisions classifying yogurts as they may appear on the label (such as natural yogurt, sweetened yogurt, and yogurt containing fruit) have not been affected by this partial derogation. Sebastidn Romero Melchor and Sara Aparicio Hill Norway Norway Finally Taking Measures to Comply with the Unfair Commercial Practices Directive According to the Norwegian Marketing Control Act of 2009 (Act) it is prohibited to arrange prize com- petitions and lotteries that are conditional on pur- chase. This ban will now be removed because it is not in compliance with the Unfair Commercial Practices Directive (2005/29/EU) (Directive). The Directive is a total harmonization directive, which means that none of the member states may adopt stricter measures than provided for in the Directive. When incorporating the Directive into domestic law, several countries continued to ban prize competitions and lotteries that are condi- tional on purchase, possibly because such a ban was deemed to be compliant with the Directive. Typi- cally, the ban would imply that prize competitions 1 Real Decreto 179/2003, de 4 de Febrero de 2003, por el que se aprueba la Norma de Calidad para el yogur o yoghourt. (B.O.E. 18.02.2003). 2 Real Decreto 176/2013, de 8 de marzo, por el que se derogan total o parcialmente determinadas reglamentaciones tdcnico-sanitarias y normas de calidad referidas a productos alimenticios (B.O.E. 29.03.2013). 212 | Reports EFFL 3|2013

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most