Food Law

Also See: Administrative Law, State Administrative Law, Obesity Law and Policy, Police Power, and Suing the Government

Reports

Salmonella Typhimurium Infection Associated with Raw Milk and Cheese Consumption — Pennsylvania, 2007, MMWR Weekly Volume 56, No. 44 November 9, 2007

E Coli from Spinach - Sept 2006

Human Tuberculosis Caused by Mycobacterium bovis --- New York City, 2001--2004, MMWR, June 24, 2005 / 54(24);605-608 - TB from unpasteurized milk

Food Safety: USDA and FDA Need to Better Ensure Prompt and Complete Recalls of Potentially Unsafe Food. GAO-05-51, October 7, 2004

Diagnosis and Management of Foodborne Illnesses: A Primer for Physicians and Other Health Care Professionals - April 16, 2004/Vol. 53/No. RR-4 (file size 487 KB)

FOOD SAFETY FDA’s Imported Seafood Safety Program Shows Some Progress, but Further Improvements Are Needed GAO-04-246 - January 2004

SCHOOL MEAL PROGRAMS Few Instances of Foodborne Outbreaks Reported, but Opportunities Exist to Enhance Outbreak Data and Food Safety Practices GAO-03-530 - May 2003

Meat and Poultry: Better USDA Oversight and Enforcement of Safety Rules Needed to Reduce Risk of Foodborne Illnesses. GAO-02-902, August 30.

OIG - Report on Retail Food Safety - 2001

Cases

Florida bans local menu labeling laws - West's F.S.A. § 509.032

Court upholds calorie labeling requirements for restaurant menus - New York State Restaurant Association v. New York City Board of Health, 545 F.Supp.2d 363 (S.D.N.Y. 2008) - FDA brief supporting NYC regulations against a preemption claim - City's brief.

Crimnal prosecution for illegal importation of bush meat - Complaint and Affidavit in Support of Arrest Warrant, United States V. Mamie Manneh, No. 1:2006cr00248 (E.D.N.Y. Feb. 3, 2006).

Complaint and Affidavit in Support of Arrest Warrant, United States v. Mamie Manneh, No. 1:2006cr00248 (E.D.N.Y. Feb. 3, 2006).

Restaurant inspection provides adequate due process for restaurant closing - Camuglia v. City of Albuquerque, 375 F.Supp.2d 1299 (D.N.M. 2005)

Court rejects regulatory takings arguement for restrictions on contaminated eggs - Rose Acre Farms, Inc. v. United States, 373 F.3d 1177 (Fed. Cir. 2004)

Oyster Cases - Louisiana Holds State Liable for Not Enforcing Sanitary Code for Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003); No liability for warning physicians and not the public about bad oysters - Simeon v. Doe, 618 So.2d 848 (La. 05-24-1993), also see: Does the state have a duty to warn about bad oysters? - Winstead v. Ed's Live Catfish & Seafood, Inc., 554 So.2d 1237 (La.App. 1 Cir. 1989)

McFat Litigation Trilogy - Brief - NY Dismisses First Fat Food Lawsuit - Pelman v. McDonald's Corp - S.D. NY (2003)

Pelman v. McDonald's Corp - S.D. NY dismisses first Fat Food Lawsuit.

The Establishment Clause and the State Regulation of Religious Food - Commack Self-Service Kosher Meats, Inc. v. Rubin, 106 F.Supp.2d 445 (E.D.N.Y. 2000)

Can the DOA use HACCP to Inspect Meet Processors - Supreme Beef Processors, Inc. v. U.S. Dept. of Agriculture, 113 F.Supp.2d 1048 (N.D.Tex., May 25, 2000) - 5th Circuit upholds lower circuit - Court Rejects Bacterial Testing on Processed Meat - Supreme Beef Processors, Inc. v. United States Dept. of Agriculture, 275 F.3d 432 (5th Cir. 2001), Nebraska court follows ruling, rejected authority to close meat processing plants based on bacterial testing.

Investigation of Food Borne Illness is not Confidential Information under State FOIA - Haigley v. Department of Health and Mental Hygiene, 128 Md.App. 194, 736 A.2d 1185 (Md.Sp.App. 1999)

Pearl in an oyster is not evidence of negligence - Porteous v. Cafe, 713 So.2d 454 (La. 1998)

Emotional distress (denied) from insect in canned food - Ford v. Aldi, Inc., 832 S.W.2d 1 (Mo.App. W.D. 1992)

FDA cannot ignore their own findings when making a rule on pasteurization of milk - Public Citizen v. Heckler, 653 F. Supp. 1229 (D.D.C. 1986)

Punitive Damages for Food Poisoning - Averitt v. Southland Motor Inn of Oklahoma, 720 F.2d 1178 (10th Cir. 11-07-1983)

Executive of food processor found guilty under strict liability for selling unsanitary food - United States v. Park, 421 U.S. 658 (1975)

The Classic Case of Destruction of Bad Food without a Hearing - North American Cold Storage Co. v. City of Chicago, 211 U.S. 306 (1908)