“Attorno al cibo”. Profili giuridici e sfide tecnologiche dello Smart Packaging in campo alimentare

The aim of this work is to analyze the complex world of smart, intelligent and active packaging in food industry and to highlight the regulatory challenges that technological innovation is posing in the European Food Law framework and in other legal systems of the world. The first chapter deals with an historical analysis of the evolution of food containers and then with an explanation of what food packaging means today, as a fundamental media of the relationship between products and consumers. The development of new materials and materials the lead to the concept of “smart packaging”, a definition used in scientific literature for the first time in 1986, are also examined. The second chapter analyzes the legal aspects of smart food packaging. EU law didn’t allow the production and the introduction in the market of smart packaging solutions until Reg. (CE) n. 1935/2004, on materials coming into contact with food, and Reg (CE) n. 450/2009, establishing specific criterions for smart and active packaging. The European Community has adopted legislation inspired by the precautionary principle. The third chapter draw a comparison between the European legislation and the US, Japanese and Australian law, where the smart packaging industry appears to be rapidly evolving. The final part of this research focuses on smart RFID technology applied to food packaging. RFID requires particular labels that use radio frequencies, enabling containers to become active units of information that can interact with the system of production and distribution of foodstuff. RFID allows the traceable itinerary of single units of food and enable an instantaneous control of anomalies. The potential of this technology proves to be extremely promising to improve food safety and to enhance new ways for assessing the quality of food. At the same time this technology poses new risks for consumers’ privacy and personal data protection.