Follow-up from the Food Safety and Modernization Act Symposium

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:; see, e.g., Implementation and Progress: FDA Progress Report on Implementing the Food Safety Modernization Act: April – June, available at: The piece featured discussion by Bill Marler, a lawyer at Marler Clark, who gave the opening keynote from the Symposium, located at:

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, 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: