The essential ingredients of food regulatory governance

Abstract

How does law regulate the system of food production and consumption? This study distinguishes three roles for law: supporting private regulation by industry through the market, supporting civil society co-regulation with industry and government, and supporting direct government regulation. This study employs empirical methods to assesses the progress of civil society co-regulation in three Australian cases where the public interest is at stake: added sugar nutrition, hen laying animal welfare and dairy farmer security. The study finds that support for the market regulation of the major supermarket chains remains the dominant role for law. Civil society co-regulation is making progress; nonetheless, it would have more impact if it had the support of government and law. Government is reluctant to give legal standing to the co-regulatory process and to legislate baseline standards. Beyond Australia, this study shows how all three roles of law are essential ingredients of food regulatory governance.

Governing ultra‐processed food and alcohol industries: the presence and role of non‐government organisations in Australia

“…Gunningham and Darren suggest that governments’ reluctance to involve NGOs is a key barrier to their engagement in monitoring and implementation 12 . Arup et al suggest that NGOs in Australia might refrain from practising monitoring and accountability activities because they are afraid of being criminalised 9 . Furthermore, disagreements between the organisations that make up a coalition can weaken their collective advocacy efforts; 9,29 these could further weaken NGOs whose capacity constraints inhibit them to engage in monitoring and accountability activities 9,45,46 …”

“…29 Arup et al identified similar points when analysing the influence of the Obesity Policy Coalition on food industry practices. 9 Industry actors often purposefully fragment civil society to reduce its ability to influence policy making collectively. 26 Reeve's study on the development of the Alcoholic Beverages Advertising Code suggests those working on alcohol issues operate in similarly challenging contexts.…”

“…However, receipt of such funds must not be conditional and so limit NGOs' capacity to advocate. 9,11,46 In addition, government measures to increase the transparency of HCI activities by requiring regular and consistent disclosure would help NGOs to hold industry actors to account. 55,56 Fourth, government agencies in Australia should not only recognise NGOs as surrogate regulators of HCIs but actively create an enabling environment for them to engage in formulating and implementing public policies.…”

“…8 In Australia, the government has adopted a deregulation agenda, encouraging voluntary regulation of the food and alcohol industries. [8][9][10][11][12] Research consistently has shown, however, that voluntary approaches to industry regulation are often not effective. 13 Research and policy communities increasingly recognise that a more comprehensive understanding of ways to regulate HCIs is needed.…”

Co-regulation as a way to improve the effectiveness of legal regulation in sports

“…Accordingly, not only state bodies and certain representatives of economic structures but also social organizations can participate in co-regulation. Australian lawyers agree with the German specialist's approach: they devoted their study to "civil society co-regulation" (Arup, Dixon, Paul-Taylor 2020).…”