Neal D. Fortin

Food Regulation


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than the 1958 amendment.

      FSMA shifts the focus of the U.S. FDA from primarily reacting to food safety problems to prevention. FSMA empowers the FDA to order recalls, implement new standards on domestic producers, and to place restrictions on importers of food to make sure that imports meet these new standards.

      1.6.3 The Regulations

      Regulations are promulgated by federal agencies to implement and interpret the statutes that are passed by Congress. Regulations are codified in the C.F.R. Regulations typically have the same or similar title number as their corresponding enabling statute in the U.S.C. For example, the regulations which have been promulgated to interpret and implement Title 21 of the U.S.C. are, for the most part, located in Title 21 of the C.F.R.

      Regulations are first published in the Federal Register to order to comply with the requirement for notice and comment of the Administration Procedure Act. Titles 7, 9, and 21 contain most of the laws regulating foods. However, Titles 5, 15, 16, 19, 27, 42, and 49 contain other matters that may relate to food in a less direct manner.

Title 5 Governmental Organizations and Employees
Title 7 Agriculture
Title 9 Animal and Animal Products
Title 15 Commerce and Trade
Title 16 Conservation
Title 19 Customs
Title 21 Food and Drugs
Title 27 Alcohol, Tobacco Products, and Firearms
Title 42 Public Health and Welfare
Title 49 Transportation

      1.7.1 Government Agencies

      The government agencies provide a wealth of information on food regulations. Examples of gateway sites are as follows:

       The Food and Drug Administration welcome page: www.fda.gov

       Government food safety information: www.foodsafety.gov

       USDA FSIS website: www.fsis.usda.gov

      1.7.2 Associations and Trade Groups

      Trade and professional associations can provide important sources of information, particularly on law and policy issues. Some examples are:

       Association of Food and Drug Officials (AFDO): www.afdo.org

       Biotechnology Industry Organization (BIO): www.bio.org

       Institute of Food Technologists (IFT): www.ift.org

      1.7.3 Other Sources

      As you have learned, the local food laws and regulations can vary from state to state and even city to city. Therefore, you need develop skill at accessing this information. In particular, do not overlook your contacts and acquaintances. The Internet is a growing source of information, but some more traditional sources of information should not be forgotten:

       Colleagues

       Contacts and acquaintances

       Elected and nonelected officials

       Public interest groups

       Trade groups

       Public records

       State registers (similar to the Federal Register)

       Amendment I

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

       Amendment II

      A well‐regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

       Amendment III

      No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

       Amendment IV

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

       Amendment V

      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

       Amendment VI

      In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

       Amendment VII

      In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

       Amendment VIII

      Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

       Amendment IX

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

       Amendment