After 300,000 cantaloupes were recalled due to fears of listeria, the Diane Rehm Show on WAMU featured a piece this morning discussing the delay of the rules regarding the FDA Food Safety Modernization Act, P.L. 111-353, 124 Stat. 3885 (2011). See Delays in New Food Safety Regulations, available at: http://thedianerehmshow.org/shows/2012-08-22/delays-new-food-safety-regulations; see, e.g., Implementation and Progress: FDA Progress Report on Implementing the Food Safety Modernization Act: April – June, available at: http://www.fda.gov/downloads/Food/FoodSafety/FSMA/UCM315911.pdf. The piece featured discussion by Bill Marler, a lawyer at Marler Clark, who gave the opening keynote from the Symposium, located at: http://digitalcommons.wcl.american.edu/lelb/vol2/iss1/4.
The Food Safety Modernization Act was passed on January 4, 2011, but has yet has been fully implemented by the FDA. See Implementation & Progress of the FSMA, http://www.fda.gov/Food/FoodSafety/FSMA/ucm250568.htm. As Marler described, the delay in the implementation of the Act is problematic in the fact that contaminated food continues to make its way to the market — similar to the peanut butter and spinach outbreaks that prompted the law to be passed in the first place. See Background on the FDA Food Safety Modernization Act, available at: http://www.fda.gov/downloads/Food/FoodSafety/FSMA/UCM265430.pdf.