food transport, regulation, "food drug and cosmetics act", FDCA, DOT, public health

Document Type



On January 31, 2014, the Food and Drug Administration ("FDA") issued a Notice of Proposed Rulemaking ("NPRM") that would set requirements for shippers, carriers and receivers of food transported in intrastate and interstate commerce. The NPRM marks a potentially important step in a long history of the (non-)regulation of food transportation. In Parts I and II, this paper will provide some context of the history of food transportation, as well as the major incidents that placed the food transportation industry on the regulatory map. In Parts III and IV, the paper will consider the history of food transportation regulation from the Food, Drug and Cosmetics Act ("FDCA") to the most recent NPRM. Finally, in Part V, the paper will consider the potential efficacy of the NPRM from the standpoint of its ability to correct market failures.