Public Health Law Map - Beta 5 - Medical and Public Health Law Site

C. Food Sanitation
Community hygiene is an important part of public health that most physicians know
little about, yet most physicians will have a case of food poisoning themselves at some
time in their lives, besides treating cases in their patients. These cases usually involve
food handled improperly in the home, such as tuna salad that was saved a little longer
than it should have been. Generally, the physician need only make the report of a case
of food poisoning to the local health department and remind the patient, “When in
doubt throw it out.”
Most community outbreaks of food poisoning arise from the same sources as
individual cases. Potluck dinners and socials at churches and schools give more people
food poisoning than any other source in the United States. The local health department
usually has jurisdiction to deal with such outbreaks through local ordinances supported
by state law. It is important that such outbreaks be reported to the health department
because locating the problem and educating the leaders of the organization may avert
future outbreaks.
Local health departments usually have jurisdiction over the preparation or sale of food
in the community, although their control over schools and public institutions may be
limited. Federal laws govern such matters as the handling of food in interstate
commerce and special hazards such as seafood and meat processing. Physicians should
try to cooperate with health authorities to protect the food supply. Recognizing and
reporting cases of food poisoning is the first step. Powerful institutional providers may
bring great pressure to bear on health officials and physicians to overlook deficiencies.
A college physician may be encouraged to substitute a diagnosis of gastroenteritis for
one of food poisoning if the presumed source of the problem is the college food
service. This would violate professional ethics, reporting laws, and the physician’s
duty to patients. A better response is for the physician to work with public health
authorities to correct the problems that are causing the food poisoning. A physician
who did not make proper diagnoses and reports might be held liable for illness in
subsequent patrons of the establishment.
There also will be times when food poisoning will result from food that is damaged
before it reaches the retail level. Most people are familiar with the recall of canned
food that appears to have been contaminated during manufacture. This is usually
discovered by an attentive private physician who recognizes botulism or other unusual
diseases. Food may also become unfit for consumption because of improper handling.
If a carload of fish has lost refrigeration and spoiled, it may cause a local disease
outbreak of considerable magnitude. A physician who recognizes and reports an early
case may save many people from illness. The health department would have the
opportunity to locate the problem and supervise the destruction of the contaminated
food.
XVII. Family Planning, Adoption, and Surrogacy
HIGHLIGHTS
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