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Abstract:
Foodborne illness strikes millions every year and thousands die. HACCP could prevent much of that illness; however, it remains underutilized. HACCP's slow adoption correlates with imperfect information on the safety of food both before and after purchase. Consequently, the market is inefficient at rewarding firms that implement improved food safety measures and rewards firms that externalize certain food safety risks. This market inefficiency creates an underproduction of the level of food safety that consumers desire. The author proposes applying this understanding of market inefficiency to construct a food safety system that adjusts for the current imbalance.

HACCP, food safety, food law, science and law

Abstract:
The Food Allergen Labeling and Consumer Protection Act ("Food Allergen Act") was signed into law on August 3, 2004. Allergic consumers, parents of allergic children, and consumer groups laud the new law for making it easier to identify potentially deadly allergens in foods and for unveiling allergens previously hidden in foods. Although the statute is relatively simple and straightforward, it has some surprising twists. The paper introduces the problem of food allergens, describes the history of food allergen labeling and the reasons leading up to the enactment of the Food Allergen Act, explains the provisions of the Act, and examines the challenges presented by the requirements of the Act.

food law, allergen, FALCPA, FDA, FDCA, labeling, consumer protection

Abstract:
The Food and Drug Administration's (FDA's) authority to take photographs during inspections has been disputed for decades, but legal analysis has been largely silent on the matter. The author argues that, where the FDA has the authority to enter, inspect, and document the conditions in an establishment, the agency holds the authority to take photographs.

The language of FDCA Section 704 provides FDA with broad inspectional authority based on a flexible standard of reasonableness. The statutory language and the case law support the conclusion that FDA may lawfully take photographs during a Section 704 inspection so long as the inspection is otherwise lawfully conducted, the FDA's procedural requirements for inspection are met, and the photography is within the normal course of the inspection.

As the saying goes, "A picture is worth 1,000 words," - not that a picture is more than 1,000 words. Under the law, inspection photography is no more intrusive than other documentation. Where FDA has the authority to enter, inspect, and document the conditions in an establishment, the agency holds the authority to take photographs. In the 21st century, photographs are a reasonable way for FDA to document conditions in regulated establishments.

food law, fourth amendment, FDCA, Food, Drug, and Cosmetic Act