Food Safety and Private International Law: Liability, Traceability and Transboundary Marketing

摘要

One response to rising consumer concerns pertaining to food safety has been private industry and public sector initiatives to put in place traceability systems. One of the objectives of traceability systems is to enhance the deterrence role played bylegal liability. When supply chains cross international boundaries, private international law governs liability. This paper explores the relationship between food safety, traceability, legal liability and private international law with the interface of Canadian and US law as the example. The conclusion is that, even when legal systems have a similar basis and governments co-operate in enforcement, the complexity of private international law will inhibit the role of traceability and liability in raisingfood safety standards.