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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p116978_index.html Direct Link: HTML Code:

Havinga, Tetty. "Private Regulation of Food Safety by Retailers: Protection or Capture of Public Interests?" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois, May 27, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p116978_index.html>

Havinga, T. , 2004-05-27 "Private Regulation of Food Safety by Retailers: Protection or Capture of Public Interests?" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois <Not Available>. 2009-05-26 from http://www.allacademic.com/meta/p116978_index.html

Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: Shifts in governance from public towards private or mixed forms of regulation give rise to new interesting conceptual, theoretical and political problems of legitimacy, accountability and effectiveness. Are these new forms of regulation indeed more effective than traditional governmental regulation? How are public interests protected in private regulation? How are abuse and arbitrary application of power prevented? These new forms of regulation require new conceptualisations and a reconfiguration of relationships between the state and public and private actors. Over the last decade, food safety has been high on political and business agendas. This resulted in new European and Dutch legislation emphasizing the primary responsibility of food producers for food safety. This paper focuses on the role of private actors in the regulation of food safety. Do private food safety regulators contribute to or interfere with public food safety regulation? What is the influence of state law (legislation, court decisions, legal actions) on private food safety regulation? Review of existing literature on self-regulation shows seven important conditions for effectively protecting public interest by private regulation: 1) overlap between public and private interests, 2) small number of actors with shared fate, 3) highly organised sector, 4) effective monitoring compliance, 5) entrepreneurs acting as 'political citizen', 6) active involvement of line personnel in regulated businesses, and 7) potential for self-evaluation. The paper concludes with an empirical case study of retailers as regulators of food safety. As dominant buyer, retailers may dictate the rules. A so-called market-driven standard is backed up by commercial power and does not depend exclusively on consensus and motivated cooperation by regulated firms. The British Retail Consortium standard, also adopted by the Dutch retailers association, is an example of direct private regulation by a powerful business partner. Retailers seek to harmonize food safety standards nationally and internationally.

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