Transcript Food Law and Regulations FS 321

Food Law and Regulations
FS 321
Friday, January 28, 2011
Lecture #5
Structure and Intro FFDCA
The Assignment
• A couple of updates
• Critical Thinking
• Technical Writing
Critical Thinking
• Purposeful, self-regulatory judgment
which gives consideration to the evidence,
methods, concepts, and criteria upon
which a judgment is based
Technical Writing
• An appropriate type and format
• Well organized
• References must be cited
Moving on
• Pure Food Act
• Implications
• Weaknesses
• Setting the stage for FDCA of 1938
Pure Food Act
Implications
• Defined Adulteration and Misbranding
• Laid the ground work for the Federal
Food, Drug and Cosmetic Act of 1938
• At the same time:
– Meat Inspection Act
– Poultry Products Inspection Act
– Egg and Egg Products Inspection act
Global Intent
• The American consumer is entitled to safe
food and the opportunity to make
informed decisions based on accurate
information in the market place
• In a nutshell it addressed fraud
Regulatory Agencies
Food Quality and Safety
• US Department of Agriculture
– Food Safety
• Food Safety and Inspection Service
• Agricultural Marketing Service
• Department of Health and Human Services
– Food and Drug Administration
• Center for Food Safety and Nutrition
– Center for Disease Control and Prevention
Other Agencies
• Department of Treasury
– Bureau of Alcohol, Tobacco and Firearms
• Federal Trade Commission
– The Fair Trade Watch
Food Marketing to Children
• Food Composition
• Also Under Consideration
– Packaging
– Typeface
– Pictures
How to Find Information
• Government Accounting Office (GAO)
– Congressional Record
• Official record of proceedings and debates in Congress
– Code of Federal Regulations (CFR)
– Federal Register
• Proposals
• Notices
– Individual websites of the agencies
– Individual websites of the “voices”
Weaknesses
Bureau of Chemistry Report 1917
• Lack of legal standards (descriptions) of
food
• Lack of authority to inspect food and drug
warehouses
• Inability to restrict interstate shipments of
food that naturally contained poison
• Lack of jurisdiction over false or
misleading claims made on foods
• Failure to address pesiticides
Food Drug and Cosmetic Act
• Grew from the zeitgeist of the times
• The Pure Food Act was narrow in focus
What was happening?
• Lack of drug testing
– Sulfanilamide prepared using diethylene
glycol: 100 people died
– Media
• Books of the 1930’s
100,000,000 Guinea Pigs: A Kallet
• American Chamber of Horror: R. Lamb
• Guinea Pigs No More: J. B. Matthews
Food Drug Act of 1938
New Provisions
• Safe tolerances be set for unavoidable
poisonous substances
• Authorizing standards of identity, quality
and fill-of-container for foods
• Authorizing factory inspections
• Expanding definitions of adulteration and
misbranding
• Monday and Wednesday: the particulars