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7 Duke Envtl. L. & Pol'y F. 393 (1996-1997)
The Food Quality Protection Act of 1996: Science and Law at a Crossroads

handle is hein.journals/delp7 and id is 401 raw text is: THE FOOD QUALITY PROTECTION ACT OF 1996: SCIENCE AND LAW AT A CROSSROADS ANDREW J. MILLER* Solely the dose determines that a thing is not a poison. - Paracelsus (1493-1541)** INTRODUCTION The Food Quality Protection Act of 1996 (FQPA)1 represents a crossroads in both science and law. On the legal side, the FQPA represents a fundamental shift in how we legislate risk regulation. The FQPA takes a step away from bright-line rules strictly delineating standards for risk regulation toward more flexible approaches that acknowledge the need to assess, and where appropriate, implement changing science and technology. On the scientific side, the FQPA represents a basic shift in the end goals of science. In the past, science has sought to discover and understand. Now, the FQPA calls on science to go beyond this traditional goal and synthesize informa- tion to allow for the quantification of risks. The existence of these simultaneous crossroads presents a unique and challenging situation for the regulatory process, which is assigned the task of implementing the fundamental shifts in both science and law. This is a monumental challenge for a regulatory state that is already receiving harsh criticism for its current shortcomings. This article defines the crossroads in science and law and then discusses how the regulatory process might successfully handle the new challenges it faces. * Student, Duke University School of Law, J.D. expected in 1999; Nicholas School of the Environment at Duke University, M.E.M. (Master of Environmental Management, concentration in Environmental Toxicology) expected in 1999; B.S. 1994, Cornell University. ** CASARETr & DOULL'S TOXICOLOGY: THE BASIC SCIENCE OF POISONS i (Curtis D. Klaassen et al. eds., 5th ed. 1996). 1. Food Quality Protection Act of 1996, Pub. L. No. 104-170, 110 Stat. 1489 (1996).

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