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33 Food Drug Cosm. L.J. 541 (1978)
Public Policy Issues in Regulating Carcinogens in Food

handle is hein.journals/foodlj33 and id is 567 raw text is: Public Policy Issues in Regulating Carcinogens -in Food By PETER BARTON HUTT This paper was Presented by Mr. Hutt as the Keynote Address to the Conference on the Scientific Basis for Interpretation of the Delaney Clause, sponsored by the International Academy of En- vironmental Safety, Washington, D. C., February 6, 1978. N O STATUTORY PROVISION has been the subject of greater discussion, or less understanding, than the Delaney Clause. On one side, scientists have attacked it as a misstatement of scientific fact and indeed as a denial of the most fundamental principles of toxicology and biology. On the other side, consumer advocates have defended it as the last hope for the survival of mankind, without which we would all be poisoned by food laced with potent carcinogens. Neither side to this ,controversy has bothered to stop and analyze the matter in detail. At times, it has seemed that the battle was an end in itself, and that the combatants were participating more for the enjoyment of the con- frontation than for the purpose of determining rational public policy. For the past 15 years, I have steadfastly adhered to the view that the Delaney Clause is a trivial statutory provision that is not worthy of serious pulblic discussion. It adds nothing whatever to general safety provisions that have existed in the law for over 70 years. I have de- clined to participate in the great public debate about the Delaney Clause, because I thought, and indeed continue to think, that it is an utter waste of time and effort. In the past year, however, I have become increasingly concerned that this debate is not only pointless, but indeed harmful. By focusing on -exactly the wrong questions, scientists on 'both sides of this con- troversy have succeeded in obscuring the real public policy issues that must be resolved in determining food safety policy for the future. PAGE 541 FOOD REGULATION

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