EU traceability rules to up litigation

IRISH food retailers and manufacturers will face increased litigation due to new EU traceability laws, an expert in European food law warned yesterday.

New rules, which will apply in the EU from January 1, 2005, will mean traceability must take place at all stages of production, processing and distribution in the food chain.

Food lawyer Raymond O'Rourke, of Mason Hayes and Curran solicitors in Dublin, said he believes there will be no exceptions for individual sectors such as small businesses and local producers.

"There is certain to be a 'plethora' of claims against food retailers under this new legislation because there is no facility to use a 'due diligence' defence under the directive.

"The onus is on the injured party to prove the damage and defect caused by the food product."

Mr O'Rourke said food businesses under the new rules must be able to identify from whom they received a food ingredient or product and to whom they supplied them.

"The new traceability rules could result in a lot more litigation for retailers and food manufacturers," he said.

Mr O'Rourke said under the EU official controls directive it is not possible for a consumer plaintiff to seek the discovery of the details of an inspection report on a food company, retailer, or restaurant but the same cannot be said for traceability documentation.

"Given Ireland's history of 'compo culture', the new directive could be the source of increased litigation against retailers, hotels and restaurants many of whom have faced bogus claims in the past which they have frequently settled to avoid expensive legal costs," he said.