engleski

Some aspects of civil and criminal law regulation of food quality – croatian and european point of view

In the consumer protection regime, there are three legal instruments applied, criminal law, civil law and finally administrative law instrument. EU consumer legislation aims at ensuring that products are safe, that consumers are properly informed as to the nature and characteristics of products, and that they are not misled through unfair commercial practices. This article provides information and describes the current situation of food safety and quality in Croatia. Paper analyzes some problems, first of all Croatian consumers have the right to know whether, and, if so, what differences exist in the quality of foods sold under the same name in the „old Member States“ and the ‘new Member States’. Identically, branded products which are advertised and sold as being the same in different Member States should not in fact have a lower quality in one country or another. The European Commission published a notice laying out guidelines on the application of EU food and consumer protection law to issues of dual quality of food products on 26 September 2017. The Commission Notice on dual quality contains quite specific clues about the future approach of the measures that will be adopted to resolve the complicated problem of the marketing of differentiated food products in the Single Market. Consumer protection regime encompases also sanctions in Croatian legal system mostly using forms of misdemeanor. Responsibility for criminal offence can be found, but using in consideration fact that foods sold in „new Member States“ is in accordinance with health standards, so exists smaller legal good threat or injury, this article analyzes misdemeanor in Croatian Food Act, The Law on Ban on Discriminatory Practices in the Supply Chain, Consumer Food Information Act and Consumer Protection Act.

civil liability ; consumers ; food quality ; misdemeanor ; unfair commercial practices

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