Regulatory decisions on health and the environment must be based on the principle of sound scientific evidence.  Decisions on acceptable levels of risk should be determined by human health considerations according to risk analysis procedures.  Within this context, consideration of “other legitimate factors” may be appropriate in some risk management contexts, but these should not be arbitrary and should be made explicit.

The application of the Precautionary Principle has value when science cannot provide a definite response to issues, leaving a degree of uncertainty in terms of effects.  However, there must be a sufficient body of evidence, including a risk assessment, which establishes that damage to public health could be caused.  Finally, the measures taken should be proportional to the result to be achieved (legal proportionality).