The critical issue of food security
Global food systems are under significant pressure. The result is that food security has increasingly become a critical issue for policymakers and legislators. In-House Perspective looks at what this means for companies and their counsel.
Concerns around food security have increased in recent years, driven at least in part by geopolitical instability, the climate crisis and high inflation. In 2026, the issue has been further exacerbated by trade tensions and fertiliser market disruption triggered by the closure of the Strait of Hormuz – a key global shipping route – as a result of the US-Iran conflict.
A food security update published by the World Bank in June says that fertiliser prices increased by 35 per cent in the first five months of 2026 compared with the same period the previous year. It adds that global supplies remain ‘broadly adequate’ but that food and nutrition security is fragile amid higher costs and supply chain pressures. It also warns that the emergence of El Niño – the periodical warming of the Pacific Ocean – this year could further heighten food insecurity.
To address these concerns, governments are responding with roadmaps, strategies and long-term visions and, in some cases, regulatory interventions. A recent prominent example is Canada’s National Food Security Strategy, launched in June. ‘Too much of what we grow is processed elsewhere, and too many Canadians still rely on imported food at higher prices,’ said Canadian Prime Minister Mark Carney at the time. ‘Canada’s first-ever National Food Security Strategy will help grow and process more food here and put more Canada on Canadian plates – lowering costs, creating jobs, and building a food system that is more resilient, more competitive, and more our own.’
The wide-ranging strategy’s main objectives are to boost domestic food production, cut ‘red tape’ across the agricultural supply chain, spur retailer competition and grow fruit and vegetables in Canada all year round. These plans will be backed by more than CAD $3bn in investments over ten years. ‘It’s obviously very early days, but I think people are excited about it,’ says Lorelei Graham, a Toronto-based partner and Head of the Agribusiness Industry Team at Bennett Jones. ‘For me, anything the government does to help the agriculture industry and the ecosystem around it is welcome.’ She says there’s some thoughtful innovation in the Strategy that attempts to increase efficiency – improving competition, giving people more choice, speeding up approvals and reducing food agency backlogs.
A press release from the Canadian government also highlighted that ‘other countries are moving aggressively to advance their own food security strategies.’ For example, it mentions France’s Fruit and Vegetable Sovereignty Plan and the Netherlands’ National Growth Fund focused on precision agriculture, controlled-environment production, processing and logistics.
In the Netherlands, one of the top three agricultural exporters in the world alongside the US and Brazil, a new policy push was also announced in June. The government set out plans for a Food Security Agenda to stimulate innovation within the agri-food sector. ‘We are living in geopolitically turbulent times, and domestically, the agriculture and horticulture sectors face major challenges that continue to demand significant innovation from entrepreneurs,’ said the relevant Dutch ministry in a letter published in June.
‘These challenges extend beyond the agricultural sector itself, encompassing issues such as nitrogen emissions, nature conservation, climate change and water quality,’ the ministry added. ‘If we wish to ensure sufficient earning capacity, competitiveness and resilience for the future, we must take action.’
For in-house counsel, the ministry’s words suggest that legislative change is on the way, says Gert-Jan de Jager, a partner at Dutch law firm Kneppelhout. ‘We have to innovate the way we do our farming – to feed a growing population worldwide, to have crops resilient to climate change and to cut down on intensive livestock farming,’ he says. ‘The recent letter sets out plans for how to support new innovative methods as well, so it all connects – and new legal frameworks will likely develop’ in this regard, he adds.
Specifically, the ministry suggests addressing ‘bottlenecks’ such as ‘obstructive’ legislation and regulation and excessively long approval processes. Further, it says that the implementation of robots and drones within the industry may be accelerated by removing regulatory barriers.
The national security picture
Canada and the Netherlands aren’t alone in attempting to tackle food insecurity. In March, Australia began work on a national strategy, while in 2025 the UK published a long-term vision for food, which covered security. Also in 2025, the European Commission set out its Vision for Agriculture and Food, which assessed how long-term security in this area might be ensured.
‘Whether businesses operate locally or across borders, the regulatory landscape around environmental standards, trade and supply chains is evolving quickly,’ says Adeniji Oni, Senior Vice-Chair of the IBA Agriculture and Food Section. ‘It is more important than ever for in-house counsels in the food sector to stay ahead of these rapidly changing regulations.’
Security is on the radar of everyone involved in food production
Magnus Friberg
Partner, Gullikson
Magnus Friberg, a partner focusing on the food and drink industry at Swedish law firm Gullikson, echoes these comments, and says that security is ‘on the radar of everyone involved in food production.’ While Friberg says he hasn’t yet worked on a case specifically related to food security, ‘it’s an ongoing discussion in Sweden among companies and national policymakers. This includes [discussion of] the impact of the EU directive NIS2 and cyber security on the food industry, and large companies looking at security of supply, for example because of a drier climate, which impacts crops.’
There are already examples of such developments leading to a more agile approach by food authorities designed to address food shortages and maintain supplies, he says. For example, when the war in Ukraine caused sunflower oil shortages, some authorities temporarily allowed food companies to substitute ingredients with alternatives such as rapeseed oil without updating product labels but using other media and methods to provide information. ‘From a national perspective, countries need to ensure they have a steady food supply – this is a question of national security in times like these,’ says Friberg. ‘The Swedish government’s national food strategy 2.0 focusing on increased resilience in the food supply chain, export promotion and Swedish quality and gastronomy is an indication of this.’
Indeed, governments are increasingly linking the issue of food security to national security more generally. Earlier in 2026, the UK government published a report titled Global biodiversity loss, ecosystem collapse and national security: A national security assessment, identifying a number of high and moderate risks related to food. ‘Global ecosystem degradation and collapse threaten UK national security and prosperity,’ says the report.
‘The world is already experiencing impacts including crop failures, intensified natural disasters and infectious disease outbreaks,’ it continues. ‘Threats will increase with degradation and intensify with collapse. Without major intervention to reverse the current trend, this is highly likely to continue to 2050 and beyond.’ The report further highlights that ‘critical ecosystems that support major global food production areas and impact global climate, water and weather cycles are the most important for UK national security.’
Global trade tensions are also driving these discussions, says Graham at Bennett Jones. ‘The question of “how do we become more self-sufficient” is a major theme for our current government,’ she says. ‘It goes beyond food security and food challenges, to defence, for example.’
Meanwhile, the Canadian government is also looking to tackle national competition. Graham explains that Canada has seen decades of retail concentration. ‘If you’re a young food and beverage company, trying to get shelf space is difficult and expensive,’ she says. ‘We also have other domestic and structural issues we have to change, and I think the global pressures on food have forced us to look at, internally, how we structure ourselves – how we buy our food and get our food.’
In this regard, the Canadian Competition Bureau announced in the summer that it’ll investigate the country’s food supply chain. It’ll look for potential competition issues in the key areas of production and processing, transport and distribution and retail pricing practices.
The Bureau is consulting with industry and other stakeholders on the issue, with a view to publishing a final report in spring 2027 on how to strengthen competition in the market. ‘If I was an in-house counsel at a large retailer, I’d be looking at competition law and the extra scrutiny I could face,’ says Graham. ‘It definitely looks like there is going to be some change. Of course, the reality is that if you have a retail supermarket space that’s controlled by five families then they’re going to have a lot to say – competition is always a hotly contested area.’
The top-tier issue
Beyond national strategies and regulatory provisions, the issue of food security itself already presents a number of areas that are important for in-house counsel to consider. Oni, who’s Principal at Niji Oni & Co, a law firm based in Lagos and Abuja, force majeure and frustration of contract ‘have become increasingly important because they are central to contractual risk allocation in the food sector.’ Risks are presenting themselves in the form of the recent US cyclospora outbreak linked to iceberg lettuce, for example, as well as drought and heat-related produce shortages.
‘Global events can disrupt food production and supply chains, and a single incident in one jurisdiction can have ripple effects across multiple markets,’ says Oni. ‘In Nigeria, for instance, we usually have rainfall in July, but this year we had unusually heavy rains in June, disrupting agricultural production and transportation. These are precisely the kinds of risks parties should anticipate when drafting contracts.’ He adds that rather than rely on generic templates, businesses should ensure their agreements clearly allocate risk, address force majeure and frustration, and reflect how the applicable courts are likely to interpret those provisions.
Force majeure and frustration of contract have become increasingly important because they are central to contractual risk allocation in the food sector
Adeniji Oni
Senior Vice-Chair, IBA Agriculture and Food Section
Food security is also moving up the agenda of global discussions such as the UN climate negotiations. Turkey, the host of the 2026 annual COP climate talks, has made water and food security one of the four key issues to be discussed at the conference. ‘Nowhere is the link between climate change and human survival clearer than in food security,’ said Samed Ağırbaş, Climate High-Level Champion for COP31, in June. ‘Food loss and waste generates nearly five times the emissions of the entire aviation sector,’ he noted, explaining that COP31 will elevate food sufficiency and waste to a top-tier priority.
Across Africa, governments are prioritising stronger agricultural infrastructure, improved cross-border trade and better access to regional and international markets, says Oni. ‘For countries with significant agricultural potential, ensuring that goods can move efficiently from farms to markets is essential for food security and economic growth,’ he says.
In Nigeria, food security has historically been viewed through the lens of socioeconomic development, poverty reduction and economic diversification, but ‘more recently, it has increasingly been recognised as a national security issue, given its links to economic stability, social cohesion and broader security concerns,’ he explains. ‘This broader recognition of food security as both an economic and national security priority has driven increased regulation of the food and agriculture sectors, alongside policies aimed at encouraging investment and strengthening the food ecosystem.’
Pesticide dilemmas
The drive to accelerate innovation across the food and agriculture sector is also a major part of emerging food security strategies and roadmaps. In this regard, counsel may expect regulatory changes.
The Canadian strategy, for example, looks to reduce regulatory burdens that cause ‘unnecessary delays and hinder the predictable availability of pesticide products.’ It also mentions plans for ‘new powers’ on pesticide use. One week after the strategy was announced, the Canadian parliament legislated to allow the emergency use of pesticides if considered by the government to be appropriate for economic and food security. Critics have expressed concern about whether such measures weaken pesticide protections, however. ‘With respect to situations in which economic security may be prioritized, these authorities are intended to be used only in exceptional circumstances and are not exercised lightly,’ said a spokesperson for the Canadian minister of health.
Graham says finding a balance is key. ‘We need to maintain health and safety – that’s what’s most important,’ she says. ‘At the same time, we don’t want to be antiquated in our approach to approvals. For example, if a particular product has approval and they’re using it in, say, Australia – then it raises questions around why there should be barriers to doing so in Canada.’
Food loss and waste generates nearly five times the emissions of the entire aviation sector […] COP31 will elevate food sufficiency and waste to a top-tier [priority]
Samed Ağırbaş
Climate High-Level Champion for COP31
The EU is also considering amendments to its rules on pesticide use through a food and feed safety simplification package. This legislative instrument proposes changes regarding maximum residue levels and approvals for pesticides. There have been criticisms of the EU’s proposals from some NGOs and lawmakers, who express concern about the weakening of pesticide safeguards. The lawmakers who have introduced the proposal say it ‘aims to reduce regulatory burden while maintaining high standards for food and feed safety, the protection of human and animal health, and the environment.’
Pesticide use is ‘a very big issue in the Netherlands at the moment’, says Jager at Kneppelhout, highlighting that the government has flagged the need to innovate in this area. The Ministry letter identifies ‘low-risk crop protection products’ as an opportunity to strengthen the Dutch agri-food sector. More broadly, it says that the Netherlands will ‘advocate within the EU for more transparent, efficient, and predictable EU legislation and regulations regarding authorisation procedures for novel foods, while maintaining food safety.’
A hotly debated area in the EU is the use of so-called new genomic techniques (NGTs) – effectively a way to alter the genetic material of an organism faster and more efficiently than conventional breeding or traditional ‘GMO’ techniques. In July, the European Parliament adopted rules on NGTs to ‘facilitate access to new plants that are climate and pest resistant, give higher yields and require fewer pesticides.’
Jager says he expects the road towards more NGT usage to be complex, with disagreements between EU Member States on how to approach the technologies. ‘In the Netherlands, we have a huge network regarding food and agri innovation – and in this day and age, with a growing population worldwide, I don’t think we can do without it,’ he says.
Elza Holmstedt Pell is a freelance journalist and can be contacted at elza@holmstedtpell.com