15.1: Federal Food Laws in the United States of America

Introduction

The United States has a robust system of federal laws and regulations in place to ensure the safety, quality, and integrity of the nation's food supply. Laws are enforced by various federal agencies and cover a wide range of areas, including: food safety, labeling, additives, and inspections. This section provides an overview of the key federal food laws in the United States.

1. Food Safety Modernization Act (FSMA): The FSMA, signed into law in 2011, is one of the most significant reforms in food safety legislation. It aims to shift the focus from responding to foodborne illness outbreaks to preventing them. The FSMA mandates preventive controls for food facilities, including: hazard analysis, risk-based preventive controls, and a supply chain program. It also enhances the FDA's authority to conduct inspections, issue recalls, and establish science-based safety standards. For more information please click here: https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/food-safety-modernization-act-fsma
2. Federal Food, Drug, and Cosmetic Act (FD&C Act): The FD&C Act is the foundational legislation governing food, drugs, and cosmetics in the United States. It provides the legal framework for ensuring the safety and proper labeling of food products. The act prohibits the introduction of adulterated or misbranded food into inter-state commerce, establishes requirements for food labeling, and grants the FDA the authority to set and enforce standards for food safety. For more information please click here: https://www.fda.gov/regulatory-information/laws-enforced-fda/federal-food-drug-and-cosmetic-act-fdc-act
3. Food Labeling Laws:
   1. Nutrition Labeling and Education Act (NLEA): The NLEA requires most packaged food products to bear standardized nutrition facts labels, providing information on serving size, calories, nutrients, and ingredients. It also regulates health claims, nutrient content claims, and allergen labeling. For more information please click here: https://www.fda.gov/nutrition-labeling-and-education-act-nlea-requirements-attachment-1
   2. Food Allergen Labeling and Consumer Protection Act (FALCPA): FALCPA mandates that food labels clearly identify major food allergens, such as: milk, eggs, fish, shellfish, peanuts, tree nuts, wheat, and soy. Manufacturers must list these allergens in a specific format to help consumers with food allergies make informed choices. For more information please click here: https://www.fda.gov/food/food-allergensgluten-free-guidance-documents-regulatory-information/food-allergen-labeling-and-consumer-protection-act-2004-falcpa
4. Food Additive Regulation: The Food Additives Amendment to the FD&C Act requires pre-market approval of food additives before they can be used in food. The FDA evaluates the safety of additives based on scientific data and sets maximum allowable levels. Substances generally recognized as safe (GRAS) based on a long history of common use or expert consensus do not require pre-market approval. For more information please click here: https://www.fda.gov/food/food-additives-petitions/food-additive-status-list
5. Hazard Analysis and Critical Control Points (HACCP): HACCP is a science-based system used to identify and control food safety hazards. The FDA and the U.S. Department of Agriculture (USDA) require HACCP plans for certain food industries, such as seafood, juice, and meat products. HACCP involves identifying critical control points (where dangers may arise), establishing monitoring procedures, and implementing corrective actions to ensure food safety. For more information please click here: https://www.fda.gov/food/hazard-analysis-critical-control-point-haccp/haccp-principles-application-guidelines
6. Food Inspections and Enforcement: The FDA and USDA conduct inspections of food facilities to verify compliance with federal regulations. They have the authority to seize adulterated or misbranded products, issue warning letters, and enforce compliance through recalls and/or legal actions. The USDA also regulates meat, poultry, and egg products, ensuring their safety and accurate labeling. For more information please click here: https://www.fda.gov/food/compliance-enforcement-food/inspections-protect-food-supply

Conclusion

The federal food laws in the United States of America play a critical role in safeguarding public health, ensuring food safety, and promoting consumer confidence. These laws address various aspects of the food industry, including safety, labeling, additives, and inspections. Compliance with these laws is essential for food producers, processors, distributors, and retailers to maintain the integrity of the nation's food supply.