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Absent private rights of action to enforce federal food safety laws and given the limited resources of federal agencies relative to the sheer volume of food and food facilities, the state and local law often serves as the front line in the fight against food safety. By nature, state and local legal requirements vary from jurisdiction to jurisdiction. Nevertheless, the basic structure and allocation of oversight and enforcement authority is relatively consistent across states.
The regulation of retail food sales and distribution has been left largely to the states. Some states delegate lincensing and inspection to local government units, while others do not. Restaurant inspection, food trucks, farmers markets, and grocery stores are all largely controlled by state and local law. This section contains and illustrative set of cases and legal materials.
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|1.1||Show/Hide More||Good Laws, Good Food: Putting Local Food Policy to Work for Our Communities|
|2||Show/Hide More||Model Food Code|
Although the ultimate responsibility for promulgating and enforcing state and local food laws lies with the states and municipalities, the FDA has long taken a leading role by providing guidance to states. Contrary to the conventional view the states provide “laboratories of democracy” in which different laws and policies can be implemented and evaluated, in food law there is a surprising amount of uniformity and consistency.
At least since the 1920's with FDA's Guidance on milk pasteurization, FDA has provided guidance on virtually every segment of the retail food industry. In 1993, FDA issued the first full incarnation of its comprehensive Food Code, the most recent incarnation of which was issued in 2013.
|2.1||Show/Hide More||Model Food Code (2013 Preface Excerpts)|
August 23, 2017
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