IMPLEMENTING THE FOOD SAFETY MODERNIZATION ACT: AN EXAMINATION OF THE INEQUITABLE IMPACT OF THE PROPOSED PREVENTIVE CONTROLS AND PRODUCE SAFETY RULES

Note Written By: Ben Metzger

Small-scale organic farmers have reaped the benefits of booming business over the past several years as a direct consequence of increased American consumer demand for organic foods.' The rapid increase in demand for organic food is quite remarkable. Over the past five years, the domestic industry has grown by a staggering 35% - about three times the rate of the general food industry -and now accounts for $29 billion annually. Many small-scale farmers worry, however, that the growth of their flourishing businesses will soon be stunted or wiped out entirely by regulations imposed as part of the Food Safety Modernization Act ("FSMA").

Section I of this Note will briefly review the history of the Food Safety Modernization Act; Section II will provide a summary of two proposed rules integral to the FSMA; Section III will survey the concerns about fairness expressed by individuals, entities and Congress; and Section IV will evaluate the fairness of the rules from an economic standpoint.

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