The food we eat, the clothes we wear and the toys we give to children are such integral parts of our lives that we often don't give them a second thought. But in recent years reports of Salmonella outbreaks and high lead levels have spurred concern over food and consumer product safety.

In an effort to combat these hazards, the U.S. government has introduced the 2008 Consumer Product Safety Improvement Act and 2011's Food Safety Modernization Act. In our January cover story, “Safe Measures,” InsideCounsel examines the implications of these two pieces of landmark legislation and provides expert advice for companies seeking to comply with their requirements.

What is the history of the Food Safety Modernization Act (FMSA)?

A series of well-publicized Salmonella outbreaks—linked to foods such as peanut butter, eggs and tomatoes—helped to spur the January 2011 passage of the FSMA. The law's aim was to emphasize the prevention of outbreaks, rather than focusing on the reaction to those outbreaks.

Under the FSMA, facilities that manufacture, process or package food must register with the Food and Drug Administration (FDA), which has the power to suspend the registration of processors if it finds they have produced food that is likely to cause serious adverse health consequences. The FDA also has mandatory recall authority as part of the law, although it says it will only use this power if companies fail to issue a voluntary recall.

What other measures did the FSMA introduce?

The FSMA also mandates that facilities that manufacture, process and package food must implement food safety plans that identify the specific safety risks of their products, create procedures to minimize or avoid these hazards and identify corrective steps to be taken in case of contamination. Although that requirement went into effect in July 2012, the FDA missed the deadline for issuing regulations implementing the law

Earlier this month, the FDA finally proposed two new food safety rules connected to the law. One requires companies to establish the formal food safety plans outlined above; the other sets national quality standards for farms that produce and harvest fruits and vegetables.