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The Food Quality Protection Act (FQPA)--Implementation and Legal Challenges

August 2004

Citation: 34 ELR 10733

Issue: 8

Author: Lynn L. Bergeson and Carla N. Hutton

The U.S. Congress enacted the Food Quality Protection Act (FQPA) in 1996. In so doing, Congress revolutionized the fundamental principles of food safety and ushered in a new regulatory and legal framework for addressing food safety issues. The legal, regulatory, and scientific challenges posed by the U.S. Environmental Protection Agency's (EPA's) and other federal agencies' implementation of the FQPA poses unprecedented opportunities and pitfalls for the legal practitioner and toxicologist.

This Article introduces the FQPA, and describes chemical substances for which testing could be conducted under the FQPA, chemical testing that could be required, persons required to conduct the tests, procedures that have been considered for selecting test chemicals, and associated legal challenges.

Lynn L. Bergeson is a founding shareholder of Bergeson & Campbell, P.C., a Washington, D.C., law firm concentrating on industrial, agricultural, and specialty chemical and medical device product approval and regulation, product defense, and associated business issues. Carla N. Hutton is with Bergeson & Campbell, P.C.

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