Development of pre-harvest food safety interventions and the potential for increased liability or regulation in the beef industry

Because of the recognition of live cattle as reservoirs for several food-borne pathogens, researchers have been examining ways to reduce, control or eliminate these pathogens on the farm. However, producers have concerns about whether the development of pre-harvest interventions will lead to increased liability or regulation. This research focuses on the potential for increased liability, regulation, or both from increases in the knowledge and technology associated with pre-harvest food safety in the beef industry. It examines the current laws and regulations associated with pre-harvest food safety and analyzes several proposed measures for future regulation. Second, it addresses the question of whether producers will likely be required to implement pre-harvest food safety interventions because of the threat of liability by applying traditional rules of tort law to this new factual situation. The development of pre-harvest interventions in the beef industry may lead to increased regulation or liability for producers, but is dependent upon several factors, including the cost and effectiveness of interventions, our knowledge about the epidemiology of food-borne pathogens, and the determination of whether federal food safety law preempts common law tort claims.