EU식품법상 식품안전과 소비자보호를 위한 과학적 기초의 법제도적 확립에 관한 소고

Food is one of the products which is essential to everyone's existence. Therefore it is vitally important that food law should offer a high degree of consumer and public health protection everywhere. The Bovine Spongiform Encedeglopathy(BSE) crisis in the United Kingd U was to ensure that EU food law had developed. The BSE crisis showed that food safety was not only the concern of the consumer, but was glso ferdamental to the proper fer tioning of the internal market of the EU. The BSE crisis marked a watershed in the development of EU food law. EP & Council Regulation 178/2002, which was revised in 2008, establishes the principles of risk analysis basis on the role of scientists in relation to food law and establishes the structures and mechanism in relation to the scientific and technical evaluation which will be undertaken by the European Food Safety Authority(EFSA). The EFSA consists of a Management Board, an Executive Director and his staff, an Advisory Forum, and a Scientific Committee and Scientific Panels. The Commission of the EU introduced three main principles for scientific advice such as principle of excellence, principle of independence, and principle of transparency of the members of the EFSA. The Safety must be proven before products may come to the market. The proof of safety is a matter of science. The EU food law shall be underpinned by strong science. The Regulation establishes in EU food law that the three inter-related components of risk analysis, risk assessment, risk management and risk communication, provide the basis for food law as appropriate to the measures under consideration. But the EFSA will provide the best scientific advice to the EU institutions, yet it has not the power to be the final arbiter of scientific advice in Europe. Because the risk management decisions take into account all relevant aspects, not only science but also many other matters, for example economic, societal, traditional, ethical or environmental factors, as well as the feasibility of controls. In conclusion, the development of the european food law for food safety and consumer protection could mean the development of the scientific basis of food law.