Neal D. Fortin

Food Regulation


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equivalent of U.S. standards.

       Seeking voluntary recalls by meat and poultry processors of unsafe products.

       Educating industry and consumers on safe food‐handling practices.

      For more information: www.fsis.usda.gov

      1.5.4 U.S. Environmental Protection Agency (EPA)

       Oversees

       Drinking water

       Pesticide safety

       Food Safety Role

       Establishes safe drinking water standards.

       Regulates toxic substances and wastes to prevent their entry into the environment and food chain.

       Determines the safety of new pesticides, sets tolerance levels for pesticide residues in foods, and publishes directions on safe use of pesticides.

      For more information: www.epa.gov

      1.5.5 National Marine Fisheries Service (NMFS)

       Oversees

       Fish and seafood products (through a voluntary, fee‐for‐service system).

       Food Safety Role

       The Seafood Inspection Program inspects and certifies fishing vessels, seafood processing plants, and retail facilities for federal sanitation standards.

      For more information: www.nmfs.noaa.gov

      1.5.6 Alcohol and Tobacco Tax and Trade Bureau (TTB)

      The Alcohol and Tobacco Tax and Trade Bureau (TTB) of the U.S. Department of Treasury has jurisdiction over the labeling of alcoholic beverages under the Federal Alcohol Administration Act, 27 U.S.C. § 201 et seq.

       Oversees

       Alcoholic beverages with 7 percent or more alcohol and malt beverages containing 0.5 percent or more alcohol.

       Food Safety Role

       Enforces food safety laws governing alcoholic beverages.

       Investigates adulteration of alcoholic products, sometimes with help from FDA.

      For more information: www.ttb.gov

      1.5.7 U.S. Customs and Border Protection (CBP)

       Oversees

       Imported foods

       Food Safety Role

       Works with other federal regulatory agencies to ensure that all goods entering and exiting the United States do so according to U.S. laws and regulations.

      For more information: www.cbp.gov

      1.5.8 U.S. Department of Justice (DOJ)

       Food Safety Role

       Prosecutes companies and individuals suspected of violating food safety laws.

       Through U.S. Marshals Service, seizes unsafe food products not yet in the marketplace, as ordered by courts.

      For more information: www.usdoj.gov

      1.5.9 Federal Trade Commission (FTC)

       Oversees

       Advertising

       Food Safety Role

       Enforces a variety of laws that protect consumers from unfair, deceptive, or fraudulent practices, including deceptive and unsubstantiated advertising.

      For more information: www.ftc.gov

      NOTE

      1 1.5 USDA FSIS Nets Catfish. The FDA has regulatory jurisdiction over all fish, except catfish. Provisions of the 2008 and 2014 Farm Bills amended the FMIA to define “catfish” as an “amenable species,” making is subject to mandatory inspection by USDA Food Safety Inspection Service (FSIS). Confusing? The legislation transferring jurisdiction purportedly was to ensure safety. However, the Government Accountability Office (GAO) criticized the transfer of jurisdiction over catfish to USDA and the creation of a catfish office in the USDA as one of the government’s most wasteful and duplicative programs. In addition, this transfer to USDA has been criticized as a disguised trade barrier, which raises World Trade Organization (WTO) issues. GAO, SEAFOOD SAFETY: RESPONSIBILITY FOR INSPECTING CATFISH SHOULD NOT BE ASSIGNED TO USDA (May 2012).

      The U.S. Codex Office is the point of contact in the United States for the Codex Alimentarius Commission and its activities. The Department of Commerce, National Marine Fisheries Service (NMFS), provides voluntary inspection and certification of fish operations, and administers grades and standards for fish and fish products (similar to the AMS grading and standards programs).

      These food regulatory agencies also work with other government agencies when there are crossover responsibilities. For example, FDA works with the Consumer Product Safety Commission to enforce the Poison Prevention Packaging Act. FDA and USDA work with the FBI to enforce the Federal Anti‐Tampering Act, the Department of Transportation to enforce the Sanitary Food Transportation Act, and the U.S. Postal Service to enforce laws against mail fraud.

      This federal delegation and organization of responsibilities is somewhat a haphazard patchwork. Just as the statutes were written to address specific problems at particular points in history, the delegation of food regulation was developed to address specific concerns. The delegation, therefore, represents an evolution rather than an organization by design.