The Act requires food processors to maintain food safety plans and conduct tests on their food products before sending them into commerce and allows the Commissioner of Agriculture to define what standards the food safety plans need to comply with. The Act provides for civil and criminal penalties for violating the Act. Specifically, if the company does not file a food processing plan, the company will be exposed to a $5,000 fine. If the company intentionally fails to report a written food safety plan to the Department of Agriculture, the company will be exposed to a $7,500 fine. The Act provides for both misdemeanors and felonies. A person is guilty of a misdemeanor if they fail to report a positive test for adulterated food or if they fail to keep records of their tests in their food processing plant. If a person knowingly introduces adulterated food into the stream of commerce, they are guilty of a felony.
"FOOD, DRUGS, AND COSMETICS Standards, Labeling, and Adulteration of Food,"
Georgia State University Law Review:
1, Article 4.
Available at: http://scholarworks.gsu.edu/gsulr/vol27/iss1/4