The Regulation of Food Risk Communication in Spain and the EU

Tension exists between the right of the public to be informed of the risk posed by a particular food product and the protection of the producer's reputation. Moreover, the use of the Rapid Alert System (RASFF) can potentially have very serious consequences for affected companies and products, far beyond those posed by any legal sanction. In this article, I intend to offer a practical view on the legal principles and regulations applicable to these situations, the conditions in which authorities can resort to the alert system and disclose information affecting products or companies, the procedure they should respect in adopting this decision, as well as the possible legal remedies to which affected companies can resort. I also contemplate – briefly – the legal situation when information concerning a risk is communicated by an individual or group. The article analyses the regulation of these problems in the European Union and Spain.