La responsabilità dell’operatore del settore alimentare alla luce dei requisiti generali imposti alle informazioni alimentari dal reg. (UE) n. 1169/2011.

Abstract

My research concerns a specific topic of the new Regulation (EU) n. 1169/2011 on the provision of food information to consumers, that is the responsibility of food business operator for the information given to the consumers in the light of the new «general food information requirements» provided in the Chapter III of the Regulation. Moving from some considerations about the major novelties brought in by the Regulation (EU) n. 1169/2011 and about the concept of responsibility, the first part of the research examines the new rules about the responsibility of the food business operator introduced by the art. 8 of the Reg. (EU) n. 1169/2011 and defines on which operator in the food supply chain are imposed determined duties to inform the consumers or to control the presence and accuracy of food informations. Then, the same section analyzes in which cases the food business operator fulfills the obligation, provided in the art. 6, Reg. (EU) n. 1169/2011, to give informations «in accordance» with the new Regulation and, consequently, when he can't be considered responsible. The third chapter focuses on the the possibility – only mentioned in the 5° Whereas of the Reg. (EU) n. 1169/2011 – to coordinate the specific provisions of the Regulation (Eu) n. 1169/2011, which prohibits unfair food information practices, with the general clauses laid down in the Directive n. 2005/29/EC concerning the Unfair business to consumer commercial pratices. The last part of the thesis, in closing, develops the topic of the enforcement of the food law provisions laid down in the Reg. (EU) n. 1169/2011 examining both the problem of the administrative sanctions applicable in the future to the infringements, both the individual and collective remedies granted to consumers under private law.