FOOD SAFETY REGULATION - REFORMING THE DELANEY CLAUSE

The safety of food has been an age-old concern. Early civilizations ad opted laws that punished sellers of tainted food. In this country, bef ore food safety became a responsibility of the federal government ever y state had enacted laws prohibiting the sale of food that contained p oisonous substances. The modem scientific and legal instruments availa ble to the US Food and Drug Administration and allied agencies have im proved regulation and advances in food preparation, preservation, and storage have contributed to a safer food supply. Even so, some observe rs believe that contemporary threats to food safety have grown more se rious, and they surely excite intense public concern. For nearly two d ecades Congress has been debating the adequacy of current laws governi ng food safety. In the closing months of the 104th Congress, both part ies finally agreed on the first significant legislative change in over a generation. This chapter examines the origins of the issues that we re the focus of this extended debate and analyzes the implications of their resolution.