Rule of Law, Food Safety Edition

"We talk a lot about the decline of the rule of law on this blog: about how the MOTUs get away with torture, wiretapping, financial fraud, lying to Congress, ruining the environment, and the like. The problem, it seems, is that the government doesn't want to prosecute anyone so laws aren't taken very seriously. Apparently, the sense that the government refuses to actually prosecute people extends to food safety:"

"Under section 402(a)(4) of the Act, a food product is deemed "adulterated" if the food was "prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health." A food product is also considered "adulterated" if it bears or contains any poisonous or deleterious substance, which may render it injurious to health."

"Provisions for criminal sanctions are clear: Felony violations include adulterating or misbranding a food, drug, or device, and putting an adulterated or misbranded food, drug, or device into interstate commerce. Any person who commits a prohibited act violates the FDCA. A person committing a prohibited act "with the intent to defraud or mislead" is guilty of a felony punishable by not more than three years or fined not more than $10,000 or both."

A declining rule of law is linked to governmental reluctance to prosecute serious wrongdoing. The Federal Food, Drug, and Cosmetic Act was enacted to prevent deleterious, adulterated, or misbranded articles from entering interstate commerce and to protect public health. Section 402(a)(4) defines adulteration by insanitary conditions and by presence of poisonous or deleterious substances. The Food Safety Modernization Act supplements federal food safety enforcement. Chapter III establishes prohibited acts with both civil and criminal liability. Felony penalties apply for intentional adulteration or misbranding and interstate distribution; misdemeanors can be prosecuted without proof of fraudulent intent.

Read at Emptywheel