FOOD LAWS AND LIABILITY

Food Laws and Liability

[Name of the supervisor]

Table of Contents

Executive Summary3

Introduction3

Background4

Limiting Liability4

Food Laws and Liability

Executive Summary

“The [food process] laws may limit what you can sell and to who, they may set minimum guidelines for the steps you must take to prepare and sell certain foods, and they may require you to obtain licenses and have your facilities inspected by state or local officials. Complying with these laws and regulations - most of which are based on the desire to protect the health and safety of our food supply - will be essential to the future of your operation.

Product liability is a term that addresses claims of customers who have been injured by a product and a determination of responsibility for those damages on the part of all persons or entities in the chain of custody of the product. 

Introduction

The definition of foreign objects hinges on the “consumer expectations test”:  “What objects might a consumer reasonable expect to find in the food?”  Marketers of food products that are processed or sold as “ready to eat” have a higher responsibility in eliminating foreign objects that may cause harm. 

A consumer would more likely expect to find a “worm” in a fresh ear of corn still in the husk than in a bag of cut salad greens labeled as ready to eat.  There is no federal product liability law in the US, therefore, the liability of product manufacturers is determined by the laws of each state. While several states have passed comprehensive statutes, most state product liability law is based on common law (case law precedent as set out in previous judicial opinions). Despite the fact that state law varies, there are many similarities among the jurisdictions. This section will focus on these similarities. Manufacturers, however, should be aware of the intricacies of product liability law in the states in which they do business.

Parties subject to product liability laws Parties involved in the business of selling or distributing a product are subject to liability for harm caused by a defect in that product (Restatement (Third) of Torts: Products Liability § 1). This includes all parties in the chain of manufacture and distribution, such as the component manufacturer, assembling manufacturer, wholesaler, and retailer. Some jurisdictions, however, have enacted so-called innocent seller statutes, which provide that a mere seller is not subject to liability in a product liability action if it:

Regulations and Processed Foods

Processing foods is often a way to increase the value to food items such as jams from damaged fruit, cheese, and baked goods. Direct marketers involved in selling processed products fall under local, state, and federal laws which regulate the foods industry. 

Minimally altering food items such as cutting lettuce and mixing it in bags for ready-to-eat salads or juicing apples may be considered processing and subject of food safety laws and regulations. The sale of meats, poultry, eggs, and dairy products are all subject to extensive laws and regulations controlling site requirements, processing procedures, warehousing issues and where these products can be ...