Meat + Poultry - October 2009 - 58

FOOD SAFETY

Any effort to disentangle this
would tax both the boundaries of
this publication and the limits of
any reader's patience. It is also not
the point to suggest that in any given situation that the government or
the other parties involved may have

made the right or wrong decision. It
is not even to identify any particular disagreement about policy. The
point is that anyone out there who is
not very confused by all of this is not
paying attention. It is also to suggest
that given such confusion, there is a

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58 * Meat&Poultry * October 2009 * www.MeatPoultry.com

need for a coherent process through
which all these issues can, in fact, be
discussed and resolved with as much
precision as possible. Continued freelancing, particularly within the compressed timeframes and tense atmospheres of potential recalls, is simply
no longer good enough, as a matter of
law, policy or common sense.
Alternatively, resorting to conventional, informal rulemaking has
now become essential. In simple
terms, this would provide a mechanism whereby the government would
be expected and required to explain
what it is doing and why, and anyone
from the industry, the public interest
community or anywhere else would

In simple terms,
this would provide
a mechanism
whereby the
government would
be expected and
required to explain
what it is doing
and why.
be free to comment, publicly and on
the record, in response. The government would then be required to take
all such information into account,
reach a fi nal decision and explain it
in sufficient detail.
Because of the time, effort and
level of accountability required, the
government is not particularly anxious to do any such thing. However, under the current, increasingly
chaotic circumstances, resorting to
such a process has become essential.
The next batter up could be you. ■
Robert Hibbert is a Washington, D.C.-based attorney with K&L Gates L.L.P. which comprises 28
offices in three continents. His practice focuses on
federal regulation of the food and agricultural industries, specializing on issues related to the U.S.
Dept. of Agriculture. He formerly served as a senior attorney with the USDA and also served as
general counsel to the American Meat Institute.
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Meat + Poultry - October 2009

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