Sicurezza alimentare dai sistemi di autocontrollo all'applicazione del principio di precauzione

This paper aims to examine and evaluate the potential applications of the so-called "precautionary principle" (PP) in food law (primarily in the law concerning GMOs and novel foods) by using a multi-disciplinary and multi-sectoral approach. The PP applies not only to safety standards and public controls, but it also imposes obligations on different types of traders (pre-market and post market) and affects procedures relating to self-regulation (mandatory and comprehensive certification, voluntary certification, accreditation systems, and compliance systems for product quality and safety). In cases where there is a lack of scientific certainty, such as in the case being considered, operators must pay particular attention to the adoption of safety measures. In this case, the failure to set up a clearly articulated system of self-control, based on the precautionary method, could reveal that there are deficiencies in the "dynamic" safety system. It could also reveal a new concept of "fault" under traditional Italian civil law.