History of Food Laws and Regulations

8/22/2003

Adulteration

• Prevention – keep it from happening– Can only be done by Companies

• Personnel within companies

• Punishment– Encourage companies and management to

prevent adulteration from occurring

8/22/2003

Adulteration

• Economic adulteration– Using a less valuable material

• ? Corn syrup• ? Synthetic nutrient• ? Yellow color vs Egg

– Removing valuable constituent• ? Fat• ? Caffeine

• Physical/chemical adulteration• Presence of aesthetically displeasing foreign

material

8/22/2003

Adulteration

• Physical/chemical adulteration– Contaminants that should not be there– Presence of aesthetically displeasing foreign

material– Potential unsafe contaminants– Intentional and unintentional adulteration

• Microbial adulteration– Inherent– Contamination

• Assessment of safety – base of knowledge

8/22/2003

Early Legislation

• Religious regulations

• Virginia – origin of food laws (1623-24)

• Massachusetts – adulteration 1641

• Plant inspections (bakeries) 1646

8/22/2003

Early LegislationSam Adams – signed First General Food Law

– Massachusetts - March 8, 1785• "Whereas some evilly disposed persons, from motives of

avarice and filthy lucre, have been induced to sell diseased, corrupted or unwholesome provisions, to the great nuisance of public health and peace :

• Be it enacted that if any person shall sell any such diseased, corrupted contagious or unwholesome provisions, whether for meat or drink, knowing the same, without making it known to the buyer shall be punished by

– Fine – Imprisonment – Standing in the pillory – Binding to the good behavior

• Or one or more of these punishments to be inflicted according to the degree and aggravation of the offence

8/22/2003

Early LegislationFederal Legislation

– sale of fresh and processed foods• 1886 – Butter and Oleo-Margarine Act

– Legally defined butter and oleo-margarine – Butter definition amended in 1923 to include a minimum of 80%

milkfat

• 1890 Bill - Federal inspection of salted pork and bacon when boxed for export as requested

– Same Bill also banned the importation of and adulterated or unwholesome food

• Initial Meat Inspection - 1891 – Inspect all live cattle and meat intended for export – Inspect all live cattle, sheep and hogs destined for interstate

commerce before slaughter – Post mortem inspection of all cattle, sheep and hog carcasses

prepared for human consumption – Resulted in the "Inspected and Passed" label for meat

8/22/2003

Dr Wiley

• Published USDA Division of Chemistry Bulletin 13 - Foods and Food Adulterants (10 Parts from 1887 - 1901)

• Bulletin 13: Defined nature and extent of adulteration in: – Dairy products– Spices– Alcoholic beverages– Lard– Sugar, molasses and syrup– Tea, coffee, cocoa– Baking powder– Canned vegetables– Cereals– Preserved meats

8/22/2003

Poison Squad

• Dept of Chemistry in U.S. Agriculture• Dr Harvey Wiley• Safety of specific ingredients (chemicals)• Twelve young men were selected as subjects to

test the effects of food preservatives • Results: Boric acid, salicylic acid, sulphurous

acid and benzoic acid declared harmful when continuously consumed over long periods of time

8/22/2003

1906 Pure Food & Drug Act

• 7 C’s– Change– Complexity– Competition– Crusading– Coalescence– Compromise– Catastrophe

8/22/2003

1906 Pure Food Act• Forbade interstate and foreign commerce in adulterated and

misbranded food and drugs. – Offending products could be seized and condemned; – Offending persons could be fined and jailed.

• Drugs had either to abide by standards of purity and quality • An effort failed to place in the law food standards as defined by the

agricultural chemists, but the law prohibited the adulteration of food by the removal of valuable constituents, the substitution of ingredients so as to reduce quality, the addition of deleterious ingredients, and the use of spoiled animal and vegetable products.

• Making false or misleading label statements regarding a food or a drug constituted misbranding.

• The presence and quantity of alcohol or certain narcotic drugs had to be stated on proprietary labels

8/22/2003

1906 Pure Food Act

• The law sought to protect the consumer from being deceived or harmed, mainly by following a favorite assumption that the average man was prudent enough to plot his own course and would avoid risks if labeling made him aware of them.

• The law gave Wiley's Bureau of Chemistry the task of spotting violations and preparing cases for the courts.

8/22/2003

Federal Meat Inspection Act of 1906

• Enacted June 30, 1906 and substantially amended by the Wholesome Meat Act 1967

• Required USDA to inspect all cattle, sheep, swine, goats, and horses when slaughtered and processed into products for human consumption.  

• The primary goals of the law are to prevent adulterated or misbranded livestock and products from being sold as food, and to ensure that meat and meat products are slaughtered and processed under sanitary conditions. 

•  These requirements apply to animals and their products produced and sold within states as well as to imports, which must be inspected under equivalent foreign standards. 

• The Food and Drug Administration is responsible for all meats considered "exotic" at this time, including venison and buffalo.

8/22/2003

Federal Meat Inspection Act of 1906

• Its four main requirements were: – 1) Mandated antemortem inspection of

livestock (cattle, swine, sheep, goats, equines)

– 2) Mandated post-mortem inspection of every carcass

– 3) Established sanitary standards for slaughter and processing plants

– 4) Required continuous USDA inspection of slaughter and processing operations

8/22/2003

1938 Food, Drug and Cosmetic Act

• weaknesses of the 1906 Act – failed to provide clear-cut meanings and

specific means for enforcement – insufficient funding for enforcement – USDA was responsible for testing, but no

standards for foods were designated – law required proof of intent to deceive or

poison; defendants simply pleaded ignorance

8/22/2003

1938 Food, Drug and Cosmetic Act

• Public opinion was aroused by a shocking disclosure -- the deaths of more than 100 people from a poisonous "elixir of sulfanilamide."

• On June 25, 1938, President Roosevelt signed the Federal Food, Drug, and Cosmetic Act.

8/22/2003

1938 Food, Drug and Cosmetic Act

• key provisions: – prohibited economic adulteration – authorized standards – prohibited false or misleading labeling – requirement of labeling for "imitation" – required affirmative labeling

• name of food • net quantity of contents • ingredient statement • name & address of manufacturer, packer, or distributor

– requirements for dietary foods – prohibited misleading containers – authorized plant inspections

8/22/2003

Differences between 1906 and 1938 Acts - the 1938 Act

• prohibited injurious substances (old law prohibited only added injurious substances)

• prohibits addition of poisonous substances, except where unavoidable (then sets limits)

• authorized "Emergency Permit Control" to protect public • required label declarations (colors, flavors, preservatives,

etc.) • required labeling of "special dietary foods" • controls sanitation of processing • prohibits use of uncertified dyes • prohibits use of deceptive containers • authorized factory inspections • increased criminal penalties

8/22/2003

Driving force for change

• honesty & fairness of manufacturers; competition • increased consumer awareness • nutrition and health • changes in technology • improved analytical methods • "trends" (vitamins, healthy foods) • change in enforcement "priorities" - shift to safety

8/22/2003

Wholesome Meat Act of 1967

• Federal State Cooperation

• Allows states to have own meat/poultry inspection programs if their requirements are “at least equal to” federal requirements

• USDA pays 50% of program & provides training , etc.

8/22/2003

Poultry Products Inspection Act of 1957

• Made Federal inspection mandatory for poultry products shipped in interstate commerce.

Wholesome Poultry Products Act of 1968

• Modeled after the Wholesome Meat Act

8/22/2003

Egg Products Act of 1970

• Required USDA to ensure egg products are safe, wholesome, & accurately labeled

• Only included breaker egg establishments – FDA is responsible for shell egg establishments

8/22/2003

Enforcement of Food Laws• The Bureau of Chemistry enforced the 1906 law

– Law enforcement functions were separated from agricultural research in order to emphasize and secure better funding for the latter in 1927

• 1927 Food, Drug, and Insecticide Administration formed• 1931 renamed as the Food and Drug Administration.

– To prevent recurring conflicts between producer interests and consumer interests in 1940

• 1940 moved to the Federal Security Agency from USDA• 1953, became the Department of Health, Education, and

Welfare• Now the Department of Health and Human Services.

8/22/2003

• http://www.msu.edu/course/fsc/840/class1.html

• http://www.koshertoday.com/history.htm

• http://www.boondocksnet.com/gallery/cartoons/jungle04.html