42As regards the question whether that administrative practice may none the less be justified on the basis of Article 30 EC, it is for the Member States, in default of harmonisation and to the extent that uncertainties continue to exist in the current-state of scientific research, to decide on their intended level of protection of human health and life and on whether to require prior authorisation for the marketing of foodstuffs, always taking into account the requirements of the free movement of goods within the Community (see Sandoz, paragraph 16; Case C-42/90 Bellon [1990] ECR I-4863, paragraph 11; and Case C-400/96 Harpegnies [1998] ECR I-5121, paragraph 33).
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