The role of the public and private sectors in the EU hybrid safety governance of food supplements : A study on the example of quality issues notified in the RASFF

In the European Union (EU), food safety enforcement operates within a hybrid regulatory framework involving public and private enforcement mechanisms. Effective participation in risk communication from entities of both sectors is essential for addressing the emergence of food safety incidents within the scope of this hybrid food law enforcement framework. Nonetheless, the effective enforcement of EU food law governing food supplements remains a persisting challenge. This study investigates the engagement levels of public and private stakeholders within the Rapid Alert System for Food and Feed (RASFF) communication network, using the food supplement market as a case study. Drawing on the method of doctrinal legal analysis, the functional and normative structures of the EU legal framework governing food supplements will be assessed. The analysis is supported by an empirical secondary data analysis to investigate stakeholder engagement with the RASFF. First, comparative trend analysis regarding the subject and frequency of notifications is carried out. Second, the impact of the adoption of the EU horizontal food law framework on RASFF engagement levels of food supplement market stakeholders is assessed. The results indicate an imbalance concerning risk communication in relation to food supplement quality issues. The majority of RASFF notifications can be attributed to public entity controls. Food businesses’ and consumers’ engagements were found to be potentially less affected by the introduction of horizontal food law provisions than safety authorities. Additional empirical research is required to investigate further factors influencing the underlying structures of participation by the private sector in food risk communication.