ANNEX A: REGULATORY IMPACT ASSESSMENT Extension of Product Liability to Primary Agricultural Products Purpose and intended effect of the measure Risk Assessment
The lack of a clear distinction between those agricultural products considered to have been subject to “initial processing” (which are already covered by the existing provisions of the Directive) and those which have not (which are the subject of the proposed amendment) may discourage consumers from pursuing legitimate claims.  The lack of full harmonisation also results in there being no uniform rule governing the liability of farmers and other primary producers, which could distort competition and impede the free movement of agricultural products.  There may be some difficulties in tracing a defect back to the producer in the case of mixed bulk products such as milk, cereals and fish, but these are not seen as an insurmountable problem.