St. Mary's Law Digital Repository (St. Mary's University) · 2010 · 10 citations · 0 references
Open access
LawInternational LawTort LawFood SafetyNegligenceProduct LiabilityCausation In Product LiabilityDefective ProductsDistributor LiabilityManufacturer LiabilityProduct SafetySeller LiabilityFood Safety LiabilityImporter's LiabilityInnocent Seller DefenseNegligence In Product SafetyNegligence Liability Of DistributorsNegligence Liability Of SellersNonmanufacturing Seller LiabilityProduct Defect Liability
This article argues that outsourcing regulatory power through a bilateral agreement with China is unlikely to ensure the safety of imported food for two primary reasons. First, shifting the regulatory burden does not present a feasible alternative to the traditional enforcement tools of outcome-based and production-based inspections and sanctions. Second, China’s burgeoning food safety regime, based on an entirely different culture and legal system, provides little incentive for Chinese food manufacturers to increase production costs to comply with U.S. standards.