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
Federal Meat Inspection Act, Excel Corporation, meat and poultry industry
This article will use the Kriefall decision to examine USDA rulemaking and its still-evolving E. coli 0157:H7 policy. Part II of the article will briefly describe the development and implementation of the USDA E. coli 0157:H7 policy as a reaction to an enormous and widely-publicized outbreak of E. coli infections that occurred in 1993-the so-called Jack in the Box outbreak. Following the outbreak, E. coli 0157:H7 was declared by USDA to be an adulterant per se according to FMIA. It was also at this time that the first steps were taken by USDA to move from a "command and control" inspection model to the current "science-based" Hazard Analysis Critical Control Point (HACCP) model.
Stearns, D. (2021). 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. Journal of Food Law & Policy, 1(2). Retrieved from https://scholarworks.uark.edu/jflp/vol1/iss2/5