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An Analysis of the FDA Food Safety Modernization Act: Protection for Consumers and Boon for Business

Food and Drug Law Journal, Vol. 66, No. 3, pp. 353-376, 2011

25 Pages Posted: 10 Sep 2011  

Debra M. Strauss

Fairfield University - Charles F. Dolan School of Business

Date Written: 2011

Abstract

This article analyzes components of the FDA Food Safety Modernization Act, which was prompted by incidents of food contamination, exploring the history of its passage and explaining its significance, as well as its limitations. As the first time in 70 years that food law has been changed substantially, this new law represents only an initial but significant step in the direction of improving food safety. With bipartisan support from both Congress and the President, this legislation embodies a mandate that food safety is at this moment becoming a priority. As a result, the time is ripe for a reassessment of other areas of food laws - particularly genetically modified foods and the use of milk and meat from cloned animals and their progeny - which are allowed under current U.S. law with no labeling, preapprovals, or post-market monitoring. These areas warrant special regulation consistent with the new proactive policy towards securing the safety of the food supply.

Keywords: food and drug law, genetically modified organisms, GMOs, food safety, FSMA, Food Safety Modernization Act, FDA, bioengineering, biotechnology, international law, international trade

Suggested Citation

Strauss, Debra M., An Analysis of the FDA Food Safety Modernization Act: Protection for Consumers and Boon for Business (2011). Food and Drug Law Journal, Vol. 66, No. 3, pp. 353-376, 2011. Available at SSRN: https://ssrn.com/abstract=1925008

Debra M. Strauss (Contact Author)

Fairfield University - Charles F. Dolan School of Business ( email )

1073 N. Benson Road
Fairfield, CT 06824-5195
United States
203-254-4000 ext. 3160 (Phone)

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