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Preempting Food Safety

Denis Stearns wrote, “Preempting Food Safety: An Examination of USDA Rulemaking and its E. coli O157:H7 Policy in Light of Estate of Kriefall ex rel. Kriefall v. Excel Corporation” for the Fall 2005 issue of the Journal of Food Law and Policy. The article uses the Kriefall decision to examine USDA rulemaking, and briefly describes the development and implementation of the USDA E. coli O157:H7 policy as a reaction to the 1993 Jack in the Box E. coli outbreak as well as the USDA's move to a science-based HACCP model.

Preemption Law Review Article (pdf)
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