Tag: Articles

3 New Ways FDA Will Access Your Records and 5 Things You Can Do About It

The Food Safety Modernization Act ("FSMA") significantly expands the FDA’s ability to access a food company’s records. The expanded authority is found in three places in the statute: FSMA § 101 amends 31 USC § 350c(a) and allows the FDA to obtain records related not only to a product that the FDA believes "will cause … Continue Reading

Preparing for FSMA Produce Safety Rules: What “Ag-in-the Middle” Needs to Do

Many who track FDA’s implementation of the Food Safety Modernization Act (FSMA) believe that a priority for FDA is Section 105, “Standards for Produce Safety” (FDCA section 419), in particular, the leafy greens regulations. Farms are exempt under FSMA’s produce safety rules if: (A) during the previous 3-year period, the average annual monetary value of … Continue Reading

Registration Filling Fast For April 11-12 Food Law Symposium

Next week’s food law symposium at Seattle University School of Law, cosponsored by my law firm, Stoel Rives is approaching quickly (I will be one of the moderators). In attendance will be Governor Christine Gregoire, top officials from the CDC and the USDA, representatives of the food industry, scientists, consumer advocates, food lawyers (both plaintiff … Continue Reading

CDC Believes That Risks Associated with Leafy Greens Have Been on the Rise

Following the high-profile leafy greens E. coli outbreaks in 2006, CDC started studying the trends. It concluded that “during 1996 2005 leafy green consumption increased 9% and leafy green-associated outbreaks increased 39%,” according to a recent article on ScienceDaily. Therefore even taking into account the increase in leafy greens consumption, associated food-borne outbreaks are on … Continue Reading

Importance of Experts At Outset of Outbreak

A few weeks ago, I gave a presentation at a CLE seminar about how to use and challenge expert witnesses in a food case. One of the interesting discussions that occurred during my talk was about the importance of retention of experts at an early stage, even before health department officials finalize their findings. Given … Continue Reading

USDA to Study Distillers Grains

We recently published an email alert concerning studies allegedly linking distillers grains and E. coli O157:H7. The Des Moines Register ran a recent article on the subject.  The article mentions the ongoing study by the USDA. The USDA study  “will collect hide and feces samples from 300 control and 300 cattle fed diets supplemented with distillers grains.  Cattle … Continue Reading

Criticizing Food Sellers for Being Too Cautious About Food Safety?

I was surprised to see criticism in the blogosphere about recent efforts by Trader Joe’s and Wegmans supermarkets to restrict certain items of Chinese-grown produce (e.g., spinach and garlic) from their shelves.  The critique seems to be that because some U.S.-grown produce has been linked to recent E. coli outbreaks, U.S. retailers lack standing to … Continue Reading

Why The Fuss About Food Liability?

As we planned the launch of this blog, many asked, “Why the fuss now about food liability?”  Food poisoning has always been a part of human history.  Food liability litigation has been around for a long time.  Products liability law traces its roots to food cases. The answer has several parts.   … Continue Reading
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