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The New Food Safety Regime in the US: How Will it Affect Canadian Competitiveness


  • Nakuja, Tekuni
  • Akhand, M.
  • Hobbs, Jill E.
  • Kerr, William A.


The Food Safety Modernization Act (FSMA) which was signed into law in January, 2011 represents a major initiative to improve food safety in the US. The legislation mandates the US Food and Drug Administration with developing a regulatory system to implement the Act. As yet, the full effect of the Act cannot be evaluated because the regulatory requirements are yet to be developed. There is little doubt, however, that those firms, both domestic and foreign, that wish to supply US consumers with food will face a considerable increase in regulatory costs. This paper outlines the major requirements of the FSMA and suggests how the regulatory burden may fall on foreign versus US domestic suppliers. Areas where Canadian firms may be disadvantaged relative to US firms are outlined. Opportunities that may arise from the FSMA for Canadian agri-food firms are discussed, as are the areas where the FSMA may not conform with the international trade commitments of the United States.

Suggested Citation

  • Nakuja, Tekuni & Akhand, M. & Hobbs, Jill E. & Kerr, William A., 2011. "The New Food Safety Regime in the US: How Will it Affect Canadian Competitiveness," Commissioned Papers 116847, Canadian Agricultural Trade Policy Research Network.
  • Handle: RePEc:ags:catpcp:116847

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    References listed on IDEAS

    1. Kerr, William A., 2004. "Homeland Security and the Rules of International Trade," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 5(1).
    2. Anonymous & Meilke, Karl D. & Knutson, Ronald D. & Ochoa, Rene F. & Rude, James, 2005. "Agrifood Regulatory and Policy Integration Under Stress," 2005 NAAMIC Workshop II: Agrifood Regulatory and Policy Integration under Stress 163858, North American Agrifood Market Integration Consortium (NAAMIC).
    3. Sawka, Alison L. & Kerr, William A., 2010. "Challenging US Country of Origin Labelling at the World Trade Organization: The Law, The Issues and The Evidence," Commissioned Papers 95806, Canadian Agricultural Trade Policy Research Network.
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    Cited by:

    1. Nakuja, T. & Kerr, William A., 2013. "Protectionism or Legitimate Regulations: What can Trade Partners Expect from the New US Food Safety Regime?," Commissioned Papers 165920, Canadian Agricultural Trade Policy Research Network.
    2. Nakuja, Tekuni & Kerr, William A., 2013. "Was Food Safety Declining?: Assessing the Justification for the US Food Safety Modernisation Act," Commissioned Papers 145969, Canadian Agricultural Trade Policy Research Network.

    More about this item


    competitiveness; food safety; regulatory burden; SPS; Agribusiness; Agricultural and Food Policy; Food Consumption/Nutrition/Food Safety; International Relations/Trade;

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