FAO legislative study charts a path to safer food e-commerce

The FAO Development Law Service (LEGN) has released a new study, Regulatory options to address food ecommerce in national legislation – Policy and legal challenges, which examines how the rapid rise of food e-commerce has outpaced existing laws, introducing new actors such as online traders and platforms and creating regulatory blind spots around food safety, consumer information and enforcement. Whilst digital channels for food trade do have benefits, these are more difficult to manage at a distance, including the inability to physically assess products before purchase, increased anonymity and mobility of sellers, and the complexities of cross-border oversight. 

Drawing on international guidance and comparative law, the study reviews Codex Alimentarius work on food information for prepackaged foods offered via e-commerce, and surveys national and regional approaches across Canada, Chile, China, the European Union, Indonesia and Nigeria. It finds that while some jurisdictions have begun tailoring rules—such as China’s dedicated obligations for platforms and the European Union’s measures on food information online—many systems still rely on general food, consumer and internet laws that were not designed for online trade. 

For countries seeking to improve the management and regulation of e-commerce, the study proposes a multidisciplinary approach, spanning food safety and controls, consumer protection and platform regulation. It proposes the adoption of clear definitions of online actors and calibrated responsibilities, including for intermediaries. In addition, it calls for stronger monitoring and enforcement tools suited to online markets—such as virtual checks, mystery shopping, robust recall protocols and international cooperation—alongside rules that guarantee essential food information before purchase and on delivery and that promote private self and coregulatory initiatives. 

Intended to support lawmakers and enforcement bodies — particularly in low and middle-income countries — the study sets out practical options to make digital food supply chains safer and more transparent while preserving innovation and consumer access. 

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