Abstract
This chapter offers an overview of the foundational legal knowledge needed by the food protection professionals (FPPs) who help regulatory programs to carry out their missions. Topics covered in the chapter include the history and evolution of food laws, the relationship between federal and state laws, how the law places limits on regulatory authority, how scientific principles play a key role in food safety regulation, and how industry, academia, and government work best when they work together.
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References
Booth M (2012) Jensen Farms files bankruptcy in wake of cantaloupe Listeria deaths. The Denver Post, May 25, 2012. http://www.denverpost.com/ci_20713035/jensen-farms-files-bankruptcy-wake-cantaloupe-deaths. Accessed 16 Dec 2014
Dommel D (2014) What is food chemistry? Modified from IFT experiments series “Food Chemistry.” http://www.math.unl.edu/~jump/Center1/Labs/WhatisFoodChemistry.pdf. Accessed 16 Dec 2014
Fortin ND (2009) Food regulation: law, science, policy, and practice. Wiley, Hoboken, NJ
Harvard University Library Open Collections Program (2014) Contagion. Historical views of diseases and epidemics. Germ theory. http://ocp.hul.harvard.edu/contagion/germtheory.html. Accessed 16 Dec 2014
Hutt PB, Hutt PB II (1984) A history of government regulation of adulteration and misbranding of food. Food Drug Cosmet Law J 39:2–73
Käferstein FK, Motarjemi Y, Bettcher DW (1997) Foodborne disease control: a transnational challenge. Emerg Infect Dis 3(4):503–510
Mackay AD (2009) Statement of A. D. Mackay, President & Chief Executive Officer, Kellogg Company. Hearing on “The Salmonella outbreak: the role of industry in protecting the nation’s food supply.” United States House of Representatives, Committee on Energy & Commerce, Subcommittee on Oversight and Investigations. March 19, 2009. http://democrats.energycommerce.house.gov/sites/default/files/documents/Testimony-Mackay-OI-Salmonella-Outbreak-Protecting-Food-Supply-2009-3-19.pdf. Accessed 16 Dec 2014
Mulger v. Kansas, 123 U.S. 623 (1887)
Queenside Hills Realty Co., Inc. v. Saxl, Commissioner of Housing and Buildings of the City of New York, 328 U.S. 80 (1946)
U.S. Centers for Disease Control and Prevention (2012) Multistate outbreaks of Listeriosis linked to whole cantaloupes from Jensen Farms, Colorado. http://www.cdc.gov/listeria/outbreaks/cantaloupes-jensen-farms/082712/. Accessed 23 Dec 2014
U.S. Department of Agriculture (2014) National Institute of Food and Agriculture. About Us. http://www.csrees.usda.gov/qlinks/extension.html. Accessed 17 Jun 2014
World Health Organization (2013) FAO/WHO project and fund for enhanced participation in codex (Codex Trust Fund). http://www.who.int/foodsafety/about/flyer_codex_trust_fund.pdf. Accessed 23 Dec 2014
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Appendices
Take-Home Message
Food law and science are the fundamental infrastructure that enables the FPPs to protect the public from foodborne illness. History teaches us that food laws have always been necessary, but it is essential to understand both the scope and limits of food regulatory authority. Our food safety system works best when it is based on collaboration with industry, academia, and government.
Activity
Chapter review questions.
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1.
Name the three equal branches of the federal government.
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2.
Partnerships among government and food industry include relevant risk information such as production, storage, and handling practices from _____to _____.
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3.
The United States provides funding for some countries to participate in international standard setting meetings such as _____.
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4.
The Food Safety Modernization Act (FSMA) requires FDA to consider _____ concerns when developing their comprehensive plans.
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5.
A license revocation without an opportunity for a hearing would implicate what amendment of the US Constitution?
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6.
Discuss the concept of Federalism and what it means to food protection regulation.
Answer Key
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1.
Executive, legislative, and judicial
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2.
Farm-to-fork
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3.
Codex meetings
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4.
Industry
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5.
The Fourth Amendment
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6.
“Federalism” is the term for the division of power between federal and state governments. See the chapter for more detail.
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Fortin, N., Gilliam, S., Weir, C. (2015). Regulatory Program Foundations. In: Bradsher, J., Wojtala, G., Kaml, C., Weiss, C., Read, D. (eds) Regulatory Foundations for the Food Protection Professional. Springer, New York, NY. https://doi.org/10.1007/978-1-4939-0650-5_2
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DOI: https://doi.org/10.1007/978-1-4939-0650-5_2
Publisher Name: Springer, New York, NY
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