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The Food Safety Modernization Act

By Michael A. Leichtling
September 02, 2017

Comprising the largest rewrite of U.S. food safety regulations in more than 70 years, the Food Safety Modernization Act (FSMA), which was signed into law on Jan. 4, 2011, has broad implications for almost all constituents involved in the food and feed industry. See Food Safety Modernization Act Public Law III – 353, 124 Stat. 3885, Jan. 4, 2011; 21 U.S.C. 301 et seq. The significant impact of the law was anticipated by food growers, producers, manufacturers, importers, carriers, distributors and retailers, but FSMA's effect on equipment lessors and other secured lenders requires some consideration and analysis.

At the recent ELFA Legal Forum, a passing mention of FSMA by panelists at the Legal Update Session likely came as no surprise to lawyers practicing in the agriculture sector, but it definitely raised curiosity among leasing lawyers who don't routinely represent clients involved in the food and feed supply chain. A high-level review of FSMA, however, quickly reveals just how seriously the law impacts most companies directly and indirectly that are involved in this large segment of the U.S. economy, including equipment manufacturers, lessors and lenders.

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