Abstract
Numerous laws (statutes), rules, and regulations have been adopted at various levels of government in order to ensure the safety of our food supply, fair dealing, and economic protection. This chapter will provide an overview of the intent and authority of these laws, rules, and regulations; examine the different levels of authority (federal, state, local, tribal, and territorial); explain how laws, rules, and regulations are generally created; and address the role of model regulations and guidance documents. Laws, rules, regulations, and model/guidance documents all play a role in helping regulatory agencies and food protection professionals (FPPs) advance the mission of protecting the public health.
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Notes
- 1.
Even “model” guidance documents, such as the FDA Food Code (www.fda.gov/FoodCode/), contain provisions that can help ensure that procedural due process is protected.
- 2.
The Federal Trade Commission (FTC) has authority over the advertising of foods. Simply put, the advertising must be truthful and not misleading. The FTC often requests laboratory and/or tests or the results of studies to determine if certain advertising claims for a food are truthful.
- 3.
State-inspected meat products may show a state seal and not the USDA legend, if the product is not considered “interstate.” Additionally, some states may have jurisdiction over plants that ship interstate, and those products will have a USDA legend showing a state designation.
References
Association of Food and Drug Officials (2013) State food safety resource survey. http://www.afdo.org/Default.aspx?pageId=1186401. Accessed 22 Dec 2014
Bungo E (2013) A survey of regulatory practices regarding non-amenable species: slaughter, processing and sale for human consumption. J Assoc Food Drug Off 73(1):20–27
National Association of State Departments of Agriculture (NASDA) (2014) Interstate meat inspection. http://www.nasda.org/Policy/6460/9885/6102.aspx. Accessed 22 Sept 2014
U.S. Food and Drug Administration (2013a) Food Code. Introduction. http://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/UCM374510.pdf. Accessed 22 Sept 2014
U.S. Food and Drug Administration (2013b) Ensuring the safety of imported products: Q&A with David Elder. http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm048631.htm. Accessed 22 Dec 2014
U.S. Food and Drug Administration (2013c) Announcement—availability of the RRT best practices manual (new edition—2013). http://www.fda.gov/downloads/ForFederalStateandLocalOfficials/CooperativeAgreementsCRADAsGrants/UCM355549.pdf. Accessed 22 Dec 2014
U.S. Food and Drug Administration (2014) FDA Food Code. http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/default.htm. Accessed 22 Dec 2014
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Appendices
Take-Home Message
Agencies adopt regulations, as long as the agency is granted the authority to do so via a statute or ordinance. Uniformity in laws and regulations assists in enforcement across jurisdictions, makes compliance more achievable for the food industry, and advances the integrated food safety system in the United States.
Activity
Which is the best category for each of the items below: (a) a federal law or regulation? (b) a state or local law or regulation? (c) a federal guidance document? (d) none of the above?
• Juice HACCP |
• Embargo |
• Posting inspection scores |
• FSMA |
• Good manufacturing practices (GMPs) |
• FDA Model Food Code |
• Pasteurized Milk Ordinance |
• Licensing |
• Reportable Food Registry |
• Trans fat bans at restaurants |
• National Shellfish Sanitation Program |
Answer Key
What is the best category for each of the items below: (a) a federal law or regulation? (b) a state or local law or regulation? (c) a federal guidance document?
• Juice HACCP | a |
• Embargo | b |
• Posting inspection scores | b (state and local) |
• FSMA | a |
• Good manufacturing practices (GMPs) | a |
• FDA Model Food Code | c |
• Pasteurized Milk Ordinance | c |
• Licensing | b (state and local) |
• Reportable Food Registry | a |
• Trans fat bans at restaurants | b (local) |
• National Shellfish Sanitation Program | c |
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Mandernach, S., Sowards, D., Veneziano, V. (2015). Prevailing Statutes, Regulations, and Ordinances. In: Bradsher, J., Wojtala, G., Kaml, C., Weiss, C., Read, D. (eds) Regulatory Foundations for the Food Protection Professional. Springer, New York, NY. https://doi.org/10.1007/978-1-4939-0650-5_3
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