This article will focus upon the legislative history and subsequent case law dealing with the Delaney Clause and it will include the rationale and limitations of the provision. In order to regulate carcinogens one must have a clear understanding of the cancer processes. Therefore a brief discussion of the biological parameters involved is warranted. The purpose of this discussion is to find a more rational alternative to the Delaney Clause. The use of quantitative risk assessment as an approach to regulate carcinogens found in food is also discussed. By combining the purposes of the original (and current statutory provisions with current technologies), a more efficient and workable regulation of carcinogens may be effectuated.
Mark A. Cleaves, Assessment of Carcinogenic Risk and the Delaney Clause: The Search for a Better Standard, 2 J.L. & Health 173 (1987-1988)