Fact Sheet

Produce Farms, Foodborne Illness, and Legal Liability

May 2020 | Extension Legal Services Initiative

Authors

Sophia Kruszewski, Elizabeth Newbold,

This fact sheet emphasizes that producers have long been subject to liability laws, outlines the nuance that Food Safety and Modernization Act (FSMA) adds to that existing liability, and covers how compliance with FSMA can be helpful in the event of a lawsuit.

For references and endnotes, please refer to the PDF version of this document.

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Producers are asking about their liability if a foodborne illness is traced back to their produce operation. Generally speaking, a producer could face civil or criminal liability regardless of whether they knew the produce was contaminated or they are covered by the Food Safety Modernization Act’s Produce Safety Rule (FSMA PSR). However, compliance with the FSMA PSR may help mitigate a producer’s financial or criminal responsibility in the event of a lawsuit.

Suggested Citation

Produce Farms, Foodborne Illness, and Legal Liability, NECAFS & Vt. L. Sch. Ctr. for Agric. & Food Sys., (2020), https://elsi.necafs.org/sites/default/files/uploads/fsma_legal_liability_factsheet.pdf. 

Sophia Kruszewski

Former Director, Food and Agriculture Clinic, Center for Agriculture and Food Systems

Sophia Kruszewski JD’13 is the Deputy Policy Director at the National Sustainable Agriculture Coalition (NSAC) and was formerly an assistant professor at Vermont Law School, where she directed the Food and Agriculture Clinic at the Center for Agriculture and Food Systems.

Elizabeth Newbold

Assistant Director, University of Vermont Extension, Northeast Center to Advance Food Safety

Elizabeth Newbold is the Assistant Director for the Northeast Center to Advance Food Safety (NECAFS), one of four USDA funded regional centers tasked with coordinating training, education and outreach related to the FSMA Produce Safety Rule and the FSMA Preventive Controls for Human Foods Rule. Her work focuses on coordination and facilitation of the Northeast regional network to support a national food safety training, education, extension, outreach, and technical assistance system among small and medium-sized producers and small processors.

Produce Farms, Foodborne Illness, and Legal Liability

Suggested Citation

Sophia Kruszewski

Elizabeth Newbold

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