INTRODUCTION TO FOOD REGULATIONS 3201

1. INTRODUCTION TO FOOD REGULATIONS3201 Steven C Seideman Extension Food Processing Specialist Cooperative Extension Service University of Arkansas

2. 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.

3. 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.

4. Why are Foods Regulated? • To ensure safety and wholesomeness • To prevent fraud and deception • To inform consumers about the nutritional content of foods

5. HISTORY OF FOOD LAWS

6. 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

7. Examples of Old Testament Food Laws • Could eat only cloven-hooved, cud-chewing animals (Leviticus 11;2). • Could not eat or touch pork (Leviticus 11;7) • Could not eat an animal which died of a disease (Leviticus 11;39) • Could not eat blood ( Deuteronomy 12:15 & 22) • Could not eat animals that died a natural death (Deuteronomy 14;21) • Could not eat meat cooked with milk (Deuteronomy 14;21) • Could not eat the sciatic nerve ( Genesis 32:32) • Christens believe in Peter’s vision ( Acts 10) to negate many of the Old Testament Laws.

8. 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

9. 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.

10. 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.

11. 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

12. 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

13. Regulatory Agencies Involved in Food Laws

14. FORCES AFFECTING LEGISLATION • Consumers Demand food that is safe • Industry Need profit and good reputation • Government Must protect the consumer and food

15. 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

16. 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”

17. Regulatory Agencies • FDA - part of HHS Police the food industry in interstate trade: - processing procedures - food adulteration - misbranding

18. Regulatory Agencies Limitations of FDA: • Restricted to interstate trade • Can not prevent sale of defective goods • Cannot recall foods

19. Regulatory Agencies USDA: • Regulate food with > 2% meat • Food grades • Food and nutrition programs FTC: • Consumer protection - advertising

20. Regulatory Agencies EPA: • Pesticide regulation • Water treatment • Environmental safety • Waste management

21. 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

22. ROLE OF GOVERNMENT • Legislative branch Congress - pass food law • Executive branch Presidency ( FDA) - enforce food laws • Judicial branch Courts - interpret food laws

23. Role of Federal Regulations • Ensure that foods are; *Safe *Pure *Wholesome *Sanitary *Honestly labeled

24. 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.

25. 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.

26. Food Labeling

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

28. 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).

29. Label Claims • Every adjective has a well-defined definition; *Fat free- <0.5 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.

30. Nutritional Labeling

31. 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.

33. 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 unit’s 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.

34. Parts of the Nutritional Label • Required nutrients- There are fourteen (14) nutrients or nutrient facts that must be specified on all nutritional labels.

35. Calories Calories from Fat Total Fat Saturated Fat Cholesterol Sodium Dietary fiber Total Carbohydrates Sugar Protein Vitamin A Vitamin C Calcium Iron Fourteen Required Nutrients

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

37. FOOD REGULATIONS

38. 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

39. 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

40. 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.

41. 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”.

42. 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.

43. 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.

44. CFR Title 9 PartTopics 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

45. 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.

46. CFR Title 21 PartsTopics 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

47. 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.