Functional Food Safety and Product Liability in Iranian Legal System
محورهای موضوعی : غذاهای فراسودمند و عصاره های زیستی
1 - گروه حقوق، واحد صفادشت، دانشگاه آزاد اسلامی، تهران، ایران
کلید واژه: Civil Liability, Functional Foods, Consumer Law, Fault, Strict Liability,
چکیده مقاله :
The approach of the legal system is very important in the field of Product Liability especially in relation to "Functional Food" Safety. Regulations originate from legal approaches. So, it is important how the legal system thinks? In this regard, two theories of "Fault" and "Strict Liability" have emerged among jurists. The study of civil liability of Iranian legal system has shown the lack of a specific and comprehensive system of civil liability governing on food industry. What stands out is that this legal system in the field of food production is mainly focused on the traditional theory of fault, which needs to be reformed to ensure food safety, foster innovation in the food industry, and emphasize consumer protection.
The approach of the legal system is very important in the field of Product Liability especially in relation to "Functional Food" Safety. Regulations originate from legal approaches. So, it is important how the legal system thinks? In this regard, two theories of "Fault" and "Strict Liability" have emerged among jurists. The study of civil liability of Iranian legal system has shown the lack of a specific and comprehensive system of civil liability governing on food industry. What stands out is that this legal system in the field of food production is mainly focused on the traditional theory of fault, which needs to be reformed to ensure food safety, foster innovation in the food industry, and emphasize consumer protection.
- Afzali Hoseini, A. S., Amir Mohammadi, M. R. and Ahmadpoor, A. 2014. Civil Responsibility for Producers and Suppliers of Defective foods in Iran law, Private Law, 11: 1- 21
- Alizade, Y., Firoozkah, Z. and Hosseini, S. M. 2021. Jurisprudential- Legal Review of the Civil Liability of Food Producers, Economic Jurisprudence Quarterly, 4: 73- 87
- Badini H. 2012. A Review on the Basis and Scope of Civil Liability of Suppliers of Goods and Services in the Consumer Rights Protection Law (2018), Legal Research, 58: 511- 554
- Badini H. and Panahi Osanloo, P. 2012. Criticism on the Law on Protecting the Rights of Car Consumers (2016), Private Law Research, 1: 39- 64
- Badini, H. 2013. Philosophy of Civil Liability, Sahami Enteshar, Tehran
- Buzby, C. and Frenzen, D. 1999. Food Safety and Product Liability, Food Policy, 24: 637-651
- Coleman, J. L., 1992. Risks and Wrongs (Cambridge Studies in Philosophy and Law), Cambridge University Press
- Dehghanzadeh, M. H., Khadem, M. 2016. Review and Analysis of Regulations in the Field of Food Industry and How to Guarantee Citizenship Rights, International Conference on New Research in Management, Economics and Human Sciences
- Dinu, M. 2012. The Principles of Producer Liability for Food Quality, The International Conference Education and Creativity for a Knowledge Based Society – LAW, Titu Maiorescu University, 90-95
- Ebrahim- Gol, A. 2008. Right to Food: A Prerequisite for Other Rights, International Legal Journal, 25: 221- 243
- FAO (2009). Declaration of the World Food Summit on Food Security
- FAO, IFAD, UNICEF, WFP and WHO. 2021. The State of Food Security and Nutrition in the World 2021, FAO, Rome
- HLPE Reports. 2020. Food Security and Nutrition: Building a Global Narrative Towards 2030". High Level Panel of Experts Report 15: 7–11. 2020
- Jafari Tabar, H., 1996. Civil Liability of Manufacturers and Sellers of Goods, Dadgostar, Tehran
-Katouzian, N. 2012. Product Liability (A Critical and Comparative Study on the Balance of Producer and Consumer Rights), University of Tehran Press, Tehran
- Katouzian, N. 2013. Civil Liability (General Rules). University of Tehran Press, Tehran
- Katouzian, N. 2014. Civil Liability (Special and Mixed Responsibilities). University of Tehran Press, Tehran
- Kionka, E. J. 2006. Torts. Thomson West
- Martirosyan, D. M. 2020. Classification and Regulation of Functional Food Proposed by the Functional Food Center, Functional Food Science, 2: 25- 46
- Peng, W. and Berry, E. M. 2019. Food Security, Nutrition and Health. in Encyclopedia of Food Security and Sustainability (V. 2), Elsevier, 1-7
- Safai, S. H., and Rahimi, H. 2013. Civil Liability (Non- Contractual Obligation). Samt, Tehran
- Sokolowski, L. M. 2020. Liability for Damage Caused by Unsafe Innovative Food- a Legal Perspective, Przeglad Prawa Rolnego, 26: 47- 63
- Volkhardt, I. Christen, O., Stangl, G., Braun P. G., Lorkowski, S. And Meire, T. 2017. Legal Aspects Regarding Product Innovations in the Food Sector, Ernahrungs Umschau, 64: 158- 165
