ABSTRACT

This chapter covers law governing criminal prosecutions against farmers, agribusinesses, and food handlers. In addition, this chapter addresses the complex relationship between criminal and civil law. The U.S. Supreme Court held, in United States v. Park, that introducing an adulterated food product into the chain of commerce in violation of the Federal Food, Drug and Cosmetic Act (FFDCA) is a strict liability federal crime. Although strict liability provisions of federal criminal law are the most likely source of criminal prosecution, there are other provisions, discussed in this chapter, that include destroying evidence, false statements, financial malfeasance, tax fraud, wetlands violations, pesticide violations, mismanagement of waste disposal, occupational safety and health violations, and agroterrorism.