Innovation is a central theme of the debate developed in recent years on the evolutionary trends of Agriculture and Food Law, in the national and in the EU dimension. The paper examines the relation between technological and legal innovation, underlying that in this area of regulation the link between law, science and technology is not only that of a reaction of the legal system to the challenges of technological innovation, but it is also original proactive innovation which in some cases has even anticipated issues and problems only later revealed by technological innovation. The result is the twofold perspective of legal innovation as reactive innovation, as a reaction expresses the need to introduce a new set of rules in response to novelties arising from technological innovation, and as proactive innovation, insofar as it introduces into the legal system a number of operative modules, rules and institutes that are highly innovative as compared to the traditional ones. The scrutiny of the European experience, from the first Cap regulations of 1962 to the directives of the ‘90s on official control of food products, from regulation No 178/2002 on food safety to the last regulations of December 2013 which reformed the Cap, strengthens such reading and introduces to the new scenario of present Agriculture and Food Law.
Keywords: Legal Innovation, European Agriculture and Food Law, Cap, Food Safety.