Title: The Effect of Truths, Misperceptions, and Fears on Current and Optimal Food Irradiation Policies (1997 Third Year Paper)
Author(s): David Friedman
Subject & Subject keywords: Food and Drug Law "food poisoning" "food pathogens" "irradiation"
Abstract:To irradiate or not to irradiate? Twenty years ago, that was the question in the scientific community. In recent years, scientific evidence has confirmed that in some situations the benefits of food irradiation exceed the costs. Many groups that have civic welfare as a top priority such as the American Dietetic Association, the American Council on Science and Health, the American Medical Association, the Council for Agriculture Science and Technology, the United Nations Food and Agricultural Organization, and the World Health Organization support the use of irradiation.4 Additionally, radiation is approved for use in the food supply of over forty foreign countries.5 Today, despite the scientific community's support of irradiation and its common use in foreign countries, the debate still rages on in political contexts in the United States. Additionally, the focus of the question has expanded and other questions have emerged. The questions are: (1) To what extent is it desirable to irradiate food?; (2) Why, despite the fact that important groups support irradiation, is so little irradiated food available commercially in the United States?; (3) How can industry be encouraged to increase its use of irradiation?; (4) To what extent is it constitutional to force the labeling of irradiated products; and (5) If it constitutional to force labeling, should labeling be required from a public policy perspective. This paper explores the answers to these questions. This introduction is followed by Part II of the paper which analyzes the costs and benefits of irradiation. In Part III, I analyze why the United States has not used the process extensively and discuss what the government must do to increase the commercial use of irradiation. Part IV analyzes the current labeling rules, discusses the constitutionality of irradiation labeling legislation, develops a framework for evaluating labeling rules, and applies the framework to irradiation and other controversial products. Part V discusses the conclusions of the paper.