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State and Local Food Regulation
Absent private rights of action to enforce federal food safety laws and given the limited resources of federal agencies relative to the sheer volume of food and food facilities, the state and local law often serves as the front line in the fight against food safety. By nature, state and local legal requirements vary from jurisdiction to jurisdiction. Nevertheless, the basic structure and allocation of oversight and enforcement authority is relatively consistent across states. The regulation of retail food sales and distribution has been left largely to the states. Some states delegate lincensing and inspection to local government units, while others do not. Restaurant inspection, food trucks, farmers markets, and grocery stores are all largely controlled by state and local law. This section contains and illustrative set of cases and legal materials.
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