ABSTRACT
Food safety has historically been addressed by both the tort system and federal and state regulation. The particular area of tort law that addresses food safety is called products liability. The trend has been for federal regulatory law to play a larger role in food safety; however, the roles of the tort system and state regulatory agencies remain a crucial part of these systems that work both together and in parallel. States operate both federally delegated programs and those solely under state law. The products liability system is exclusively state law although applicable standards may be set by federal law. FDA plays a crucial role in determining what constitutes an adulterated food product.
