14.1 Overview of food laws and regulations

Food laws and regulations form the backbone of food safety in the US. Federal agencies like the FDA and USDA work together to ensure our food is safe and properly labeled. They enforce key legislation and conduct inspections to protect consumers.

These laws cover everything from food additives to allergen labeling. The Food Safety Modernization Act shifted focus to preventing foodborne illnesses. Good Manufacturing Practices and other regulations help maintain high standards in food production and processing.

Federal Agencies

Food and Drug Administration (FDA)

• Responsible for ensuring the safety and proper labeling of most food products sold in the United States (except for meat, poultry, and some egg products)
• Regulates food additives, dietary supplements, and food contact substances
• Enforces food safety regulations and conducts inspections of food processing facilities
• Oversees the recall of contaminated or mislabeled food products
• Collaborates with state and local agencies to investigate foodborne illness outbreaks

United States Department of Agriculture (USDA)

• Responsible for ensuring the safety and proper labeling of meat, poultry, and certain egg products
• Conducts inspections of slaughterhouses, processing plants, and import facilities
• Enforces food safety regulations specific to meat, poultry, and egg products (such as the Federal Meat Inspection Act and the Poultry Products Inspection Act)
• Oversees grading and certification programs for agricultural products (beef, eggs)
• Promotes and supports the U.S. agricultural industry through various programs and initiatives

Key Legislation

Federal Food, Drug, and Cosmetic Act

• Passed in 1938, this act is the foundation of modern food safety regulation in the United States
• Grants the FDA authority to oversee the safety of food, drugs, and cosmetics
• Prohibits the sale of adulterated or misbranded food products
• Requires food manufacturers to list ingredients on product labels
• Establishes standards for food additives and sets tolerance levels for pesticide residues

Food Safety Modernization Act (FSMA)

• Signed into law in 2011, the FSMA is the most comprehensive reform of U.S. food safety laws in over 70 years
• Shifts the focus from responding to foodborne illness outbreaks to preventing them
• Requires food facilities to implement preventive controls and develop food safety plans
• Enhances the FDA's ability to oversee imported foods and conduct inspections
• Establishes mandatory recall authority for the FDA in cases of contaminated or mislabeled food products

Food Safety Regulations

Good Manufacturing Practices (GMP)

• Set of guidelines and requirements for ensuring food safety and quality during manufacturing, processing, and packaging
• Cover various aspects of food production (sanitation, equipment maintenance, employee training, record-keeping)
• Serve as a foundation for more specific food safety regulations and standards (such as HACCP)
• Enforced by the FDA and USDA through inspections and audits
• Failure to comply with GMPs can result in legal action, product recalls, and damage to a company's reputation

Food Additives Regulations

• Govern the use of substances added to food for various purposes (preservation, flavor enhancement, nutritional fortification)
• Require food additives to be approved by the FDA before they can be used in food products
• Establish safe usage levels and conditions for approved food additives
• Exemptions exist for substances generally recognized as safe (GRAS) by qualified experts
• Food manufacturers must disclose the use of additives on product labels

Pesticide Residue Limits

• Set maximum levels for pesticide residues allowed on raw agricultural commodities and processed foods
• Established by the Environmental Protection Agency (EPA) based on scientific risk assessments
• Enforced by the FDA and USDA through testing and monitoring programs
• Designed to protect consumers from potential health risks associated with pesticide exposure
• Violation of pesticide residue limits can result in product seizures, fines, and legal action

Allergen Labeling Laws

• Require food manufacturers to clearly disclose the presence of major food allergens on product labels
• The eight major food allergens are milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans
• Allergens must be listed in plain language either in the ingredient list or in a separate "contains" statement
• Designed to protect consumers with food allergies from accidental exposure and potential severe reactions
• Failure to properly label allergens can result in product recalls, fines, and legal action