If the food business is not willing to voluntarily remove (recall) suspect food from consumers, the federal agencies will take enforcement actions to remove the food from "the market".įood is subject to the laws of the jurisdiction where the food is located, whether the food is being processed there, consumed there, or is merely being moved through the jurisdiction to its final destination. Restated, the most common practice if food is possibly adulterated or misbranded is to remove the food from consumers. If there is a reasonable belief that food is adulterated or misbranded, the response will be to treat the food as adulterated and misbranded that is, the food will be separated from consumers until it is established that the food is not adulterated nor misbranded. It is the food business' responsibility/obligation to establish that the food is "not adulterated nor misbranded" it is not the government's responsibility to prove that the food is "adulterated or misbranded". Misbranded food means any food that 1) its labeling or advertising is false or misleading 2) is offered for sale under the name of another food 3) is an imitation of another food but the label does not bear the word “imitation” 4) its container is made or filled to be misleading or 5) its label does not provide i) the name and place of the manufacturer, and ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count.Adulterated food means any food that 1) contains any substance, food additive, or pesticide chemical residue which may render it injurious to health or unsafe 2) consists of any filthy, putrid, or decomposed substance 3) is unfit for food 4) has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated 5) is the product of a diseased animal or an animal that died other than by slaughter 6) its container is composed of any substance which may render the contents injurious to health or 7) has been intentionally irradiated.If the business cannot sell its product, it will not remain in business. Not being able to sell food products often is an adequate penalty because a food business is in business to sell food. Most foods fit the definition of being in interstate commerce, however, because they are moved across a state line, or an ingredient has been moved across a state line.Īdulterated or misbranded food cannot be sold. federal food law applies to all food in "interstate commerce" foods "not in interstate commerce" are regulated only by state law. This web page focuses on just the food processing sector. These materials have also introduced that each of these sectors is regulated to a different extent under U.S. The sectors are 1) agricultural production input sector, 2) agricultural production, 3) food processing sector, 4) retail and food service sector, and 5) consumers. Those five sectors may have never been intended that is just the way the law turned out as it evolved since the early 1900s. food industry can be described as consisting of five sectors based on U.S. This page introduces a variety of legal topics that pertain to the food processing sector. Since that time, Congress has refined government oversight of the food processing sector. Congress also required that meat processing be continuously inspected. At that time, Congress defined "adulterated" and "misbranded" food, and prohibited those foods from being sold. When Congress first addressed food safety issues, it focused on the food processing sector, such as the meat processing industry (see the Meat Inspection Act of 1906). They provide the majority of insights that underpin the introductory explanation offered on this page. Students and other readers are strongly urged to take the time to visit and study these related sites. This web page provides numerous links to regulations, statutes, FDA guidance documents, USDA FSIS fact sheets, and other reference materials.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |