Digital Commons Network^™

The Introduction Of Biotech Foods To The Tort System: Creating A New Duty To Identify, Katharine Van Tassel

Katharine Van Tassel

This Article examines the question of whether an unsuspecting consumer who dies from an allergic or toxic reaction to an undisclosed biotech ingredient in food can recover damages through the tort system. The surprising answer is that recovery is very unlikely. This Article outlines why this is the case, then evaluates the merits of several potential solutions to this problem including the possible creation of a common law 'duty to identify' biotech ingredients in food.

This Article is arranged as follows. First, a brief primer on the nature of biotech foods is provided. For the reader unfamiliar with the regulatory …

Private Import Safety Regulation And Transnational New Governance, Errol E. Meidinger

Errol Meidinger

Published as Chapter 12 in Import Safety: Regulatory Governance in the Global Economy, Cary Coglianese, Adam M. Finkel & David Zaring, eds.

This paper examines the role of ‘private’ (non-governmental) regulatory programs in assuring the safety of imported products. Focusing particularly on food safety it argues that private regulatory institutions have great capacity to control safety hazards and to implement dynamic systems for detecting and correcting nascent risks. However, to establish the accountability and legitimacy relationships necessary for long-term effectiveness, private safety regulatory programs must devise new ways of incorporating and responding to the interests of developing country producers, laborers, …

Impacts Of The Food Safety Modernization Act On On-Farm Food Safety Practices For Small And Sustainable Produce Growers, Aaron Adalja, Erik Lichtenberg

Aaron Adalja

We use data from a national survey of fruit and vegetable growers to examine the current prevalence and cost burden of food safety practices required in the proposed Produce Rule implementing the Food Safety Modernization Act. In particular, we analyze the influence of farm size and farming practices on the probability of adopting food safety measures that would be required by the Produce Rule; and we analyze how the costs of using those food safety practices vary by farm size and farm practices. Majorities of our respondents currently employ most of the food safety practices that would be required under …

Adoption And Coexistence Of Ge, Conventional Non-Ge, And Organic Crops, Aaron Adalja, Catherine Greene, James Hanson, Robert Ebel, Michael Barron

Aaron Adalja

The adoption of genetically engineered (GE) crop varieties by U.S. farmers is widespread for major crops—94 percent of planted acres for soybeans, and 88 percent for corn in 2012 (USDA-NASS 2012). The potential exists for GE crop production to impose costs on organic and conventional non-GE production via unintended presence of GE material along the supply chain through: • Contamination of seed stock • Accidental cross-pollination • Accidental co-mingling during planting, harvesting, handling, and storing of crops (Bullock and Desquilbet 2002). Maintaining the integrity of GE-differentiated product markets relies on segregation protocols such as: • Hybrid selection and seed purity …

Exponential Growth, Animal Welfare, Environmental And Food Safety Impact: The Case Of China’S Livestock Production, Peter J. Li

Peter J. Li, PhD

Developmental states are criticized for rapid “industrialization without enlightenment.” In the last 30 years, China’s breathtaking growth has been achieved at a high environmental and food safety cost. This article, utilizing a recent survey of China’s livestock industry, illustrates the initiating role of China’s developmental state in the exponential expansion of the country’s livestock production. The enthusiastic response of the livestock industry to the many state policy incentives has made China the world’s biggest animal farming nation. Shortage of meat and dairy supply is history. Yet, the Chinese government is facing new challenges of no less a threat to political …

Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa D. Mortazavi

Melissa Mortazavi

No abstract provided.

The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan Jr.

John Aloysius Cogan Jr.

Amyloid Fibrils: Potential Food Safety Implications, Michael Greger

Michael Greger, MD, FACLM

The demonstration of oral Amyloid-A (AA) fibril transmissibility has raised food safety questions about the consumption of amyloidotic viscera. In a presumed prion-like mechanism, amyloid fibrils have been shown to trigger and accelerate the development of AA amyloidosis in rodent models. The finding of amyloid fibrils in edible avian and mammalian food animal tissues, combined with the inability of cooking temperatures to eliminate their amyloidogenic potential, has led to concerns that products such as pâté de foie gras may activate a reactive systemic amyloidosis in susceptible consumers. Given the ability of amyloid fibrils to cross-seed the formation of chemically heterologous …

“Gli Obiettivi Del ‘Pacchetto Di Revisione’ In Materia Di Sanità Animale, Protezione Delle Piante E Sui Controlli Ufficiali Proposto Dalla Commissione Europea”, Luis González Vaqué

Luis González Vaqué

Ensuring a high level of health for humans, animals, and plants is a Treaty objective of the EU. Over time, the EU has built up a comprehensive body of law designed to prevent and manage risks to animal and plant health and the safety of the food chain at EU and national level. The law in these policy areas is enforced by means of a common set of rules on official controls to be carried out by the competent authorities in the EU Member States. The legal framework which the EU has developed so far has proven, overall, to be …

Food Safety Attitudes In College Students: A Structural Equation Modeling Analysis Of A Conceptual Model, Rachelle Booth, Maggie Hernandez, Erica L. Baker, Tevni Grajales, Peter Pribis

Maggie Hernandez

College students are one of the most at-risk population groups for food poisoning, due to risky food safety behaviors. Using the Likert Scale, undergraduate students were asked to participate in a Food Safety Survey which was completed by 499 students ages 18–25. Data was analyzed using SPSS and AMOS statistical software. Four conceptual definitions regarding food safety were defined as: general food safety, bacterial food safety, produce food safety, and politics associated with food safety. Knowledge seems to be an important factor in shaping students attitudes regarding general and bacterial safety. Ethnicity plays a role in how people view the …

Investigating Effects Of Between- And Within- Host Variability On Escherichia Coli O157 Shedding Pattern And Transmission, Shi Chen, Mike Sanderson, Cristina Lanzas

Cristina Lanzas

Healthy cattle and their environment are the reservoir for the human pathogen Escherichia coli O157. In E. coli O157 epidemiology, supershedders have been loosely defined as cattle that shed high concentrations of E. coli O157 (≥104 colony-forming cells (CFU)/g of feces) at a single (or multiple) cross-section in time. Due to the variability in the pathogen shedding level among animals (between-host variability), as well as fluctuations in the level shed by a single animal (within-host variability), it is difficult to interpret fecal bacteria distributions, as well as to parse the relative contribution of between- and within-host variability to the observed …

A Hungry Industry On Rolling Regulations: A Look At Food Truck Regulations In Cities Across The United States, Crystal T. Williams

Crystal Williams

Although street vending has always been a part of the American food economy, in recent years, modern food trucks have become a dining trend that is sweeping the country. With the booming popularity of food trucks, cities across the country are considering ways to regulate the growing number of vendors selling convenient and creative meals to patrons. The purpose of this article is to provide an overview of regulations and ordinances that govern the operation of mobile food units, commonly known as food trucks, in a variety of American cities. Food trucks are regulated by local government agencies, which take …

A Hungry Industry On Rolling Regulations: A Look At Food Truck Regulations In Cities Across The United States, Crystal Williams

Crystal Williams

Although street vending has always been a part of the American food economy, in recent years, modern food trucks have become a dining trend that is sweeping the country. With the booming popularity of food trucks, cities across the country are considering ways to regulate the growing number of vendors selling convenient and creative meals to patrons. The purpose of this article is to provide an overview of regulations and ordinances that govern the operation of mobile food units, commonly known as food trucks, in a variety of American cities. Food trucks are regulated by local government agencies, which take …

Mathematical Modeling Of The Transmission And Control Of Foodborne Pathogens And Antimicrobial Resistance At Preharvest, Cristina Lanzas, Zhao Lu, Yrjo T. Grohn

Cristina Lanzas

Foodborne diseases are a significant health care and economical burden. Most foodborne pathogens are enteric pathogens harbored in the gastrointestinal tract of farm animals. Understanding the transmission of foodborne pathogens and dissemination of antimicrobial resistance at the farm level is necessary to design effective control strategies at preharvest. Mathematical models improve our understanding of pathogen dynamics by providing a theoretical framework in which factors affecting transmission and the control of the pathogens can be explicitly considered. In this review, we aim to present the principles underlying the mathematical modeling of foodborne pathogens and antimicrobial resistance at the farm level to …

Regulatory Dysfunction: How Insufficient Resources, Outdated Laws, And Political Interference Cripple The 'Protector Agencies', Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz

Rena I. Steinzor

In the last several years, dramatic failures of the nation’s food safety system have sickened or killed tens of thousands of Americans, and caused billions of dollars of damages for producers and distributors of everything from fresh vegetables to granola bars and hamburger meat. In each case, the outbreak of food-borne illness triggered what can only be described as a frantic scramble by health officials to discover its source. Inevitably, the wrong lead is followed or a recall is too late or too narrow to prevent further illnesses, and the government has to defend itself against withering criticism. Americans expect …

High Crimes, Not Misdemeanors: Deterring The Production Of Unsafe Food, Rena I. Steinzor

Rena I. Steinzor

In the fall of 2008, Minnesota public health officials became alarmed by an unusually high number of illnesses and deaths caused by salmonella poisoning. Federal and state regulators and the news media eventually traced the outbreak back to products supplied by the Peanut Corporation of America (PCA). Employees shipped batches that tested positive for salmonella from a plant with a leaking roof, mold growing on ceilings and walls, rodent infestation, filthy processing receptacles, and feathers and feces in the air filtration system. Under an agreement with the Food and Drug Administration (FDA), Georgia state inspectors visited the PCA plant nine …

Modeling On-Farm Escherichia Coli O157:H7 Population Dynamics, P Ayscue, Cristina Lanzas, R Ivanek, Y T. Grohn

Cristina Lanzas

Escherichia coli O157:H7 is a potentially fatal foodborne pathogen with a putative reservoir for human infection in feedlot cattle. In order to more effectively identify targets for intervention strategies, we aimed to (1) assess the role of various feedlot habitats in E. coli O157:H7 propagation and (2) provide a framework for examining the relative contributions of animals and the surrounding environment to observed pathogen dynamics. To meet these goals we developed a mathematical model based on an ecological metapopulation framework to track bacterial population dynamics inside and outside the host. We used E. coli O157:H7 microbiological and epidemiological literature to …

Between Market And The State: Regulating Food Safety In The Wake Of Pet Food And Frozen Dumplings Incidents, Dongsheng Zang

Dongsheng Zang

Food safety has become a widespread concern for consumers in China’s major trading partners. This article looks into the details of legal responses to food safety incidents in Japan, the United States and China. What the three countries have in common is what I label “inspection-based” approach to food safety. In Japan, after the frozen dumpling incident, people are proposing setting up a “comprehensive” regulatory agency. In the United States, the Bush Administration signed a bilateral agreement with China, making China’s product quality agency—AQSIQ—a certifying agent of the FDA. In China, the government launches national law enforcement campaigns on food …

Bureaucracy, Bacteria, And Blame: Risk Based Inspection Systems And The Modern Food Saftey Scheme, Educating Americans To Just Do It Well Done, Heather N. Sutton

Heather N. Sutton

This comment focuses on the recent implementation of the risk based inspection system (RBIS) by the United States Department of Agriculture. A discussion of food safety evolution and consideration of the impact of the system, pre-RBIS and post-RBIS, concludes that consumer savviness is not adequately taken into account and that education as to food safety and risk is the most efficient and necessary component to government efforts to address consumer health as related to food consumption.

Melamine Contamination Of Infant Formula In China: The Causes, Food Safety Issues And Public Health Implications, Emmanuel Ohene Afoakwa

Professor Emmanuel Ohene Afoakwa

No abstract provided.

The Effect Of Heterogeneous Infectious Period And Contagiousness On The Dynamics Of Salmonella Transmission In Dairy Cattle, Cristina Lanzas, S Brien, R Ivanek, Y Lo, P P. Chapagain, K A. Ray, P Ayscue, L D. Warnick, Y T. Grohn

Cristina Lanzas

The objective of this study was to address the impact of heterogeneity of infectious period and contagiousness on Salmonella transmission dynamics in dairy cattle populations. We developed three deterministic SIR-type models with two basic infected stages (clinically and subclinically infected). In addition, model 2 included long-term shedders, which were defined as individuals with low contagiousness but long infectious period, and model 3 included super-shedders (individuals with high contagiousness and long infectious period). The simulated dynamics, basic reproduction number (R0) and critical vaccination threshold were studied. Clinically infected individuals were the main force of infection transmission for models 1 and 2. …

The Risk And Control Of Salmonella Outbreaks In Calf-Raising Operations: A Mathematical Modeling Approach, Cristina Lanzas, L D. Warnick, R Ivanek, P Ayscue, D V. Nydam, Y T. Grohn

Cristina Lanzas

Salmonellosis in calves has economic and welfare implications, and serves as a potential source of human infections. Our objectives were to assess the risk of Salmonella spread following its introduction into a herd of pre-weaned calves and to evaluate the efficacy of control strategies to prevent and control outbreaks. To meet these objectives, we developed a model of Salmonella transmission within a pre-weaned group of calves based on a well documented outbreak of salmonellosis in a calf-raising operation and other literature. Intervention scenarios were evaluated in both deterministic and stochastic versions of the model. While the basic reproduction number (R0) …

Optimal Choice Of Voluntary Traceability As A Food Risk Management Tool, Dm Souza Monteiro,, Julie Caswell

Julie Caswell

Traceability systems are information tools implemented within and between firms in food chains to improve logistics and transparency or to reduce total food safety damage costs. Information about location and condition of products is critical when food safety incidents arise. This paper uses a principal-agent model to investigate the optimal choice of voluntary traceability in terms of precision of information on a given attribute at each link of a food chain. The results suggest that four scenarios may emerge for the supply chain depending on the costs of a system and whether or not the industry can internalize total food …

Food Fears: A National Survey On The Attitudes Of Australian Adults About The Safety And Quality Of Food, P. G. Williams, E. Stirling, N. Keynes

Peter Williams

A national telephone survey of a representative sample of 1200 Australian adults was conducted in March 2002 in order to identify the factors of greatest concern to consumers in relation to the safety and quality of food, to measure recent trends in views about hazards in the food supply, to explore beliefs about the safety of additives and to discover whether consumers use food labels to check for ingredients of concern. Forty five percent of Australians responded that they were more concerned about the safety and quality of food than they were five years previously, while only 5% were less …

Expanding The Focus Of Cost-Benefit Analysis For Food Safety: A Multi-Factorial Risk Prioritization Approach, Julie Caswell

Julie Caswell

A pressing need in the area of food safety is a tool for making overall, macro judgments about which risks should be given priority for management. Governments often seek to base this prioritization on public health impacts only to find that other considerations also influence the prioritization process. A multi-factorial approach formally recognizes that public health, market-level impacts, consumer risk preferences and acceptance, and the social sensitivity of particular risks all play a role in prioritization. It also provides decision makers with a variety of information outputs that allow risk prioritization to be considered along different dimensions. Macro-level prioritization of …

Consumer Demand For Quality: Major Determinant For Agricultural And Food Trade In The Future?, Julie Caswell

Julie Caswell

The impact of consumer demand for quality on the agricultural and food system is an increased emphasis on quality differentiation but not all in the direction of upgrading quality. The more elite market segments are thriving and reaching growing numbers of consumers but the basic price/quality markets remain strong. Most recent economic studies find that consumers are willing to pay for food safety and other quality attributes, and for information about them. The magnitude of the valuations varies by food product, attribute, country, and study design. This literature and a case study of genetically modified foods suggest that consumer demand …

Consumer Demand For Quality: Major Determinant For Agricultural And Food Trade In The Future?, Julie Caswell

Julie Caswell

The impact of consumer demand for quality on the agricultural and food system is an increased emphasis on quality differentiation but not all in the direction of upgrading quality. The more elite market segments are thriving and reaching growing numbers of consumers but the basic price/quality markets remain strong. Most recent economic studies find that consumers are willing to pay for food safety and other quality attributes, and for information about them. The magnitude of the valuations varies by food product, attribute, country, and study design. This literature and a case study of genetically modified foods suggest that consumer demand …

Food Safety Innovation In The United States Evidence From The Meat Industry, Elise Golan, Tanya Roberts, Elisabete Salay, Julie Caswell, Michael Ollinger, Danna Moore

Julie Caswell

Recent industry innovations improving the safety of the Nation’s meat supply range from new pathogen tests, high-tech equipment, and supply chain management systems, to new surveillance networks. Despite these and other improvements, the market incentives that motivate private firms to invest in innovation seem to be fairly weak. Results from an ERS survey of U.S. meat and poultry slaughter and processing plants and two case studies of innovation in the U.S. beef industry reveal that the industry has developed a number of mechanisms to overcome that weakness and to stimulate investment in food safety innovation. Industry experience suggests that government …

The Genius Of The Nation Versus The Gene-Tech Of The Nation: Science, Identity, And Gmo Debates In Hungary, Krista Harper

Krista M. Harper

Introduction In the late 1990s, Hungarian politicians, environmentalists, and agricultural lobbyists weighed the pros and cons of allowing genetically modified (GM) food and seeds to enter the Hungarian market. Starting around 1994, a small group of Hungarian environmentalists began researching GM issues. Initially, they feared that as a post-socialist country seeking foreign investment, Hungary would become prey to multinational corporations seeking an ‘emerging market’ with a lax regulatory environment. The terms of the debate were reframed over time, notably following 1998, when a number of European Union member states banned the imports of GM foods and when Hungarian expatriate geneticist …

Using Informational Labeling To Influence The Market For Quality In Food Products, Julie Caswell

Julie Caswell

In the United States, the federal government is increasingly using requirements for informational labeling on food products to influence 1) consumers' knowledge and purchasing patterns and 2) manufacturers' product offerings and marketing practices. We discuss the economic rationale behind these regulations and issues related to judging their success or failure.