INTRODUCTION TO FOOD REGULATIONS 3201

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INTRODUCTION TO FOOD REGULATIONS3201

• Steven C Seideman
• Extension Food Processing Specialist
• Cooperative Extension Service
• University of Arkansas

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INTRODUCTION

• This module is an overview of food regulations to
  include the history of food law, agencies
  responsible and where to find various food
  regulations in the Code of Federal Regulations.

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FOOD LAWS ARE NECESSARY

• Food Safety- The U.S. government sets standards
  to protect consumers from problems associated
  with toxins from molds, rodent remains, toxic
  dyes and preservatives, insecticides and
  pesticides and certain food-borne pathogens.
• Quality or Standards of Acceptance- Foods must
  conform to standards for a particular food
  product to prevent consumer deception.

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Why are Foods Regulated?

• To ensure safety and wholesomeness
• To prevent fraud and deception
• To inform consumers about the nutritional content
  of foods

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HISTORY OF FOOD LAWS
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History

• Food laws began with Egyptian and Hebrew
  cultures.
• Hebrew or Kosher laws are in the Old Testament
  of the Bible
• Leviticus 11 and 22
• Deuteronomy 12 and 14

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Examples of Old Testament Food Laws

• Could eat only cloven-hooved, cud-chewing animals
  (Leviticus 112).
• Could not eat or touch pork (Leviticus 117)
• Could not eat an animal which died of a disease
  (Leviticus 1139)
• Could not eat blood ( Deuteronomy 1215 22)
• Could not eat animals that died a natural death
  (Deuteronomy 1421)
• Could not eat meat cooked with milk (Deuteronomy
  1421)
• Could not eat the sciatic nerve ( Genesis 3232)
• Christens believe in Peters vision ( Acts 10) to
  negate many of the Old Testament Laws.

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3 Problems at Beginning of Twentieth Century

• ADULTERATION OF FOOD
• - Toxic colors, lead, poisonous preservatives,
  filth, animal remains
• MISBRANDING OF FOOD
• - Misleading labels - fruit jelly ( water,
  glucose, grass seed,
• color)
• - no weight marked on the labels
• FALSE ADVERTISING
• - Phony patent cures, false claims

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Major Food Legislation

• Pure Food and Drug Act. (1906) The first federal
  food act. Developed by Dr Harvey Wiley (The
  father of FDA)
• Federal Meat Inspection Act (1906)-mandatory
  inspection of animal, slaughtering conditions and
  processing facilities as a result of THE JUNGLE
  by Upton Sinclair.
• Federal Food, Drug and Cosmetic Act (1938)-
  Authorized the creation of the FDA for food
  regulation.
• Federal Poultry Products Act (1957)- The first
  poultry regulations.

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Major Food Legislation -Continued

• Federal Trade Commission (1938)-regulations
  against false advertising.
• Nutritional Labeling and Education Act (NLEA,
  1990)- uniform and consistent nutritional labels.
• Food Quality Protection Act (FQPA)-regulates
  pesticide use in foods.

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Pure Food And Drug Law 1906

• Food safety, interstate trade and foreign
  commerce
• Major weaknesses
• 1. Not applicable within state boundaries
• 2. Difficult to enforce - no QA methods
• 3. Had to show intent to fraud

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Federal Food, Drug and Cosmetic Act 1938

• New law as a result of food scandals
• Advantages
• 1. Devices regulated
• 2. No need to prove fraud
• 3. Prove safety of products
• 4. Poisons prohibited
• 5. Inspections
• 6. Food standards
• 7. Legal actions

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Regulatory Agencies Involved in Food Laws
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FORCES AFFECTING LEGISLATION

• Consumers
• Demand food that is safe
• Industry
• Need profit and good reputation
• Government
• Must protect the consumer and food

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Major U.S. Food Regulatory Agencies

• Food and Drug Administration (FDA)- oversees most
  foods.
• United States Department of Agriculture
  (USDA)-Oversees most meat and poultry.
• Federal Trade Commission (FTC) oversees
  advertising.
• Bureau of Alcohol, Tobacco and Firearms
  (ATF)-Alcohol
• Environmental Protection Agency(EPA)- pesticide
  regulation and waste water

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Role of Government

• CONGRESS legislative branch
• Pass laws- STATUTORY LAW
• Called the U.S. Code Food is Title 21
• PRESIDENT executive branch
• FDA /USDA produces rules to enforce statutory
  
• law
• REGULATIONS - ADMINISTRATIVE LAW
• Called the Code of Federal Regulations. Food
  are found in Titles 9 (USDA) and 21(FDA).
• COURTS judicial branch
• Interpret the law
• CASES - CASE LAW

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Regulatory Agencies

• FDA - part of HHS
• Police the food industry in interstate trade
• - processing procedures
• - food adulteration
• - misbranding

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Regulatory Agencies

• Limitations of FDA
• Restricted to interstate trade
• Can not prevent sale of defective goods
• Cannot recall foods

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Regulatory Agencies

• USDA
• Regulate food with gt 2 meat
• Food grades
• Food and nutrition programs
• FTC
• Consumer protection - advertising

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Regulatory Agencies

• EPA
• Pesticide regulation
• Water treatment
• Environmental safety
• Waste management

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THE FEDERAL GOVERNMENT AND THE FOOD SUPPLY
President
Congress
Dept. of Commerce
HHS
FTC
USDA
FDA
Treasury
FSIS FNS
CSAN
BATF
NMFS
NIH
EPA
Labor
CPSC
NTIS
NCI
OSHA
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ROLE OF GOVERNMENT

• Legislative branch
• Congress - pass food law
• Executive branch
• Presidency ( FDA) - enforce food laws
• Judicial branch
• Courts - interpret food laws

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Role of Federal Regulations

• Ensure that foods are
• Safe
• Pure
• Wholesome
• Sanitary
• Honestly labeled

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Activities of Federal Agencies

• Work with industry to interpret regulations.
• Help industry establish control measures.
• Make inspections of food plants
• Examine food from interstate shipments.
• Issue and enforce regulations on food additives.
• Approve and certify acceptable food colors.

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Activities of Federal Agencies-Continued

• Test for pesticide residues
• Examine imported foods.
• Advise state and local inspection agencies.
• Work with state and local agencies in times of
  disaster to dispose of contaminated foods.
• Set up standards of identity to promote honesty
  and value of food products.

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Food Labeling
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Food Labeling

• Types of food label information.
• Mandatory labeling information
• Optional information which is regulated if
• present.
• Voluntary unregulated information (recipes,
  preparation info etc)

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Required Label Information

• 1)Common food name without confusing adjectives
  ( Standards of Identity).
• 2)Net quantity of contents
• 3)Ingredients list of ingredients in descending
  order by weight.
• 4)Company name and address.
• 5)Nutritional information
• 6) Establishment number and USDA seal (Meat
  products only).

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Label Claims

• Every adjective has a well-defined definition
• Fat free- lt0.5 gram fat per serving
• Low-fat- have less than 3 gram fat per
• serving.
• Light- product to have 33 fewer calories
• than a standard reference product.
• Other examples include fresh, good source
  of ___. Organic etc.

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Nutritional Labeling
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NUTRITIONAL LABELING

• The Nutritional Labeling and Education Act (NLEA)
  of 1990 provided for a mandate for the food
  industry to provide food nutrient data on food
  packages.
• Detailed information on the NLEA regulations can
  be found in A Food Labeling Guide at
  http//vm.cfsan.fda.gov/dms/flg-toc.html.

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Parts of a Nutritional Label

• Serving Size- Serving size is based on a
  reference amount which is defined in the
  regulations. In most cases, if a retail units
  contents are less than 200 of the reference
  amount, the container would be labeled as 1
  serving. There are many other rules and
  exemptions in the calculation of a serving size.

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Parts of the Nutritional Label

• Required nutrients- There are fourteen (14)
  nutrients or nutrient facts that must be
  specified on all nutritional labels.

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Fourteen Required Nutrients

• Calories
• Calories from Fat
• Total Fat
• Saturated Fat
• Cholesterol
• Sodium
• Dietary fiber

• Total Carbohydrates
• Sugar
• Protein
• Vitamin A
• Vitamin C
• Calcium
• Iron

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Nutritional Label

• The nutritional label may be located on either
  the principle display panel or on the information
  panel of the package.

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FOOD REGULATIONS
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FOOD LAW LITERATURE

• Statutory Law- Laws passed by Congress go into
  the U.S. Code which is divided into titles.
• Title 21 deals with all food regulations

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FOOD LAW LITERATURE

• Administrative Law- These are regulations and
  practical instructions found in the Code of
  Federal Regulations (CFR).
• The CFR shows how to comply with the U.S. Code.
• Titles
• Title 7 Food and Nutrition Service
• Title 9 USDA/ Food Safety and Inspection
• Service. Deals with meat and
  poultry food items.
• Title 21 Food Drug Administration (FDA).
  Deals with
• all non-meat food items

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FOOD LAW LITERATURE

• www.gpoaccess.gov/topics/food.html.
• The above website is the location to find both
  the U.S. Code and the Code of Federal
  Regulations.
• U.S. Code is half way down the page in the
  section entitled Federal Food Drug Legislation.
  Click on Title 21 for all food (including meat ).
  These are laws passed by Congress.

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Federal Food and Drug Regulations

• Federal Food and Drug Regulations are found in
  the Code of Federal Regulations also in the same
  website.
• These are the most utilized sources of
  information for food processors.
• We will now spend some more time on where to find
  specific information within the CFR.
• Go to www.gpoaccess.gov/topics/food.html.
• Go to the second division entitled Federal Food
  Drug Regulations.

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CFR Title 7

• This has some information that may be of
  assistance to food processors but mainly covers
  the National School Lunch Program and the
  Nutritional Education and Training Program and
  similar other programs but little on food
  regulations.

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CFR Title 9

• This title has to do with meat, poultry and egg
  regulations.
• Go to Chapter III Parts 300-599 (Food Safety and
  Inspection Service USDA).
• This Chapter has almost all the regulations food
  processors need to know about USDA inspection for
  meat, poultry and egg products.

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CFR Title 9

• Part Topics Covered
• 317 Labeling, marking devices and
• containers. All about labels and
• nutritional labeling
• 319 Definitions and standards of identity or
• composition. List of meat items with
• standards of identity
• 416 Sanitation
• 417 HACCP

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CFR Title 21

• This title covers all foods except for meat,
  poultry and eggs.
• Go to ww.gpoaccess.gov/topics/food.html
• - Go to the second division entitled Federal
  Food Drug Regulations
• - Click on Food and Drug Administration
  Title 21,I.

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CFR Title 21

• Parts Topics Covered
• 100-169 All about food labeling, standards
• of identity, GMPs, HACCP. Most
• food information are in these
  parts
• 170-199 Deals with food additives and
• irradiation of foods

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SUMMARY

• This module has briefly covered the history of
  food laws, agencies responsible and where to find
  the regulations in the Code of Federal
  Regulations.
• We encourage you to go through the gpoaccess
  website and become familiar with where to find
  those food regulation topics that you may be
  interested in.

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