Copyright (c) 2006 Drake Journal of Agricultural Law
Drake Journal of Agricultural Law
ARTICLE: MAD COWS AND ANGRY PLAINTIFFS: WHY COMPLIANCE WITH GOVERNMENTAL REGULATIONS WILL NOT PROTECT BUSINESS FROM LAWSUITS BY INDIVIDUALS THAT CONTRACT MAD COW DISEASE 1
11 Drake J. Agric. L. 307
Richard O. Parry, Esq. - California State University, Fullerton 2 Richard B. Malamud - California State University, Dominguez Hills 3
I. The Role of Governmental Agencies
The United States probably has one of the safest food supplies in the world. A total of twelve different federal government agencies share responsibil ity for this enormous feat, although this approach is subject to criticism. 4 In particular, the Food and Drug Administration ("FDA") and the less well-known Food Safety and Inspection Service ("FSIS") of the Department of Agriculture play crucial roles in assuring Americans that their food is safe to eat. The FSIS "is the public health agency in the U.S. Department of Agriculture responsible for ensuring that the nation's commercial supply of meat, poultry, and egg products is safe, wholesome, and correctly labeled and packaged." 5
The FDA, created in 1906 as a result of the Food and Drug Act, has a much broader charge. The FDA is
Responsible for protecting the public health by assuring the safety, efficacy, and security of human and veterinary drugs, biological products, medical devices, our nation's food supply, cosmetics, and products that emit radiation. The FDA is also responsible for advancing the public health by helping to speed innovations that make medicines and foods more effective, safer, and more affordable; and helping the public get the accurate, science-based information they need to use medicines and foods to improve their health. 6
The FDA's Center for Food Safety and Applied Nutrition ("CFSAN") explains that
This regulation takes place from the products' point of U.S. entry or processing to their ...
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