The National Agricultural Law Center
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Food Safety


Overview

The United States food regulatory system has developed piecemeal over the last century, generating new rules and regulations in response to emerging food problems. As a result, an organizational structure allocates to various government agencies differing responsibilities for specific food safety concerns. A key to effective regulation within this complex and fragmented system is interagency cooperation and cooperation between these agencies and public and private stakeholders. Although this overview focuses on federal regulation of food safety, it is important to note that state regulatory agencies also play an important role in food safety regulation, especially in enforcement. Most notably, state regulatory agencies are primarily responsible for food sanitation and safe food handling by food retailers, foodservice providers, and food-vending operations. Read the full overview

Note: Recently added resources are posted at the top of the applicable sections.

Major Statutes

FDA Food Safety Modernization Act of 2011, Pub. L. 111-353, 124 Stat. 3885 (2011) -- NEW
Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-397
Federal Meat Inspection Act, 21 U.S.C. §§ 601-695
Poultry Products Inspection Act, 21 U.S.C. §§ 451-471
Egg Products Inspection Act, 21 U.S.C. §§ 1031-1056
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 135-136y

Regulations

Poultry and Egg Products (AMS), 7 C.F.R. Part 94
Phytosanitary Treatments (APHIS), 7 C.F.R. Part 305
Mandatory Meat Inspection, 9 C.F.R. Parts 301-335
Voluntary Inspection/Certification, 9 C.F.R. Parts 350-362
Poultry Products Inspection Regulations, 9 C.F.R. Part 381
Food Safety and Inspection Service Administrative Provisions, 9 C.F.R. Parts 390-392
Regulatory Requirements FMIA/PPIA, 9 C.F.R. Parts 416-500
Hazard Analysis and Critical Control Point (HACCP) Systems, 9 C.F.R. Part 417
Egg Products Inspection, 9 C.F.R. Parts 590-592
General Regulations for the Enforcement of the Federal Food, Drug, and Cosmetic Act,
21 C.F.R. Parts 1-99
Food Labeling, 21 C.F.R. Parts 100-169
Food Additives, 21 C.F.R. Parts 170-199
Animal Drugs, Feeds, and Related Products, 21 C.F.R. Parts 500-599
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 40 C.F.R. Parts 150-189
National Marine Fisheries Service (Shellfish), 50 C.F.R. Parts 260-261
Federal Register Rules Open for Comment
Center published Federal Register Digest

Case Law

Case Law Index for Food Safety

Administrative Law Decisions

FDA Dockets Management
USDA Office of the Administrative Law Judges
USDA Office of the Judicial Officer
USDA National Appeals Division
Center published USDA Judicial Officer's Decisions

Center Research Publications

Alabama Direct Farm Business Guide (Tarr, Revels & Rumley)
Mississippi Direct Farm Business Guide (Tarr, Cunningham & Rumley)
3rd Party Food Safety Audits (Seideman and Rainey, 2012)
Food Safety and Specialty Crops (R. Rumley)
Legal and Business Guide for Specialty Crop Producers (National AgLaw Center & U. AR Division of Agriculture)
European Union Food Law Update - IV (Leibovitch, 2009)
International Legal Issues Concerning Animal Cloning and Nanotechnology -- More of the Same
or Are "The Times They Are A-Changin'"?
(Roberts, 2008)
Private Standards in the Global Food Sector: Relationship to WTO Agreements -
PowerPoint Presentation
(Roberts, 2008)
Introduction to Food Law in the People's Republic of China (Roberts, 2007)
From the Farm to the Factory: An Overview of the American and European
Approaches to Regulation of the Beef Industry
(Houston, 2006)
Is a Picture Worth More Than 1,000 Words? The Fourth Amendment and the FDA's
Authority to Take Photographs Under the Federal Food, Drug, and Cosmetic Act
(Fortin, 2006)
United States Food Law Update - II (Roberts, 2006)
European Union Food Law Update - II (Coutrelis, 2006)
United States Food Law Update (Roberts and Alsbrook, 2005)
European Union Food Law Update (Coutrelis, 2005)
Anatomy of the Government's Role in the Recall of Unsafe Food Products (Roberts, 2004)
Animal Identification: Liability Exposure and Risk Management (Roberts and O'Brien, 2004)
Animal Identification: Confidentiality of Information (Roberts and O'Brien, 2004)
Legal Issues in Developing a National Plan for Animal Identification (Roberts and Pittman, 2004)
State and Federal Food Safety Standards and Regulations


Congressional Research Service Reports

CRS Subject(s):
Food Safety
Animal Agriculture

Agricultural Law Bibliography

Introduction   |   Keyword Search   |   Browse Categories

Legal publications on Food Safety:
Food and Drug Law
Fruits and Vegetables - Perishable Agricultural Commodities
Pesticides, Herbicides, Insecticides, Fungicides, Fertilizers
Torts, Insurance

Reference Resources

Centers for Disease Control and Prevention (CDC)
Food Irradiation
Foodborne and Diarrheal Diseases Branch
Food Safety Office
Bovine Spongiform Encephalopathy (BSE)
Infectious Disease Information--Food-Related Disease?


Economic Research Service (ERS)
Topic: Diet, Health, & Safety
Topic: Food Safety & Trade
Briefing Room: Industry Food Safety Actions
Topic: Food Safety
Topic: Food Safety Policy
Briefing Room: Traceability in the U.S. Food Supply
Publications: Food Safety
The Interplay of Regulation and Marketing Incentives in Providing Food Safety
(Ollinger and Moore, 2009)
Research Emphasis: A Safe Food Supply


Environmental Protection Agency (EPA)
Food Safety/Agriculture
National Ag Compliance Assistance Center: Food Safety
Food Safety/Pesticides
Regulating Pesticides
Food Quality Protection Act Background
Food Irradiation
Pesticides and Food: What You and Your Family Need to Know


Food and Drug Administration (FDA)
Reportable Food Registry for Industry
Retail Food Protection: Food Code 2009
Guidelines for Starting a Food Business
FDA Enforcement Reports
FDA Guidance Documents for Regulated Industry
FDA Warning Letters & Responses
Center for Food Safety and Applied Nutrition
Compilation of FDA Laws and Regulations
Compilation of Food and Cosmetic Guidance Documents
Center for Veterinary Medicine
Office of Regulatory Affairs
FDA Codex Activities
Food Protection


Food Safety and Inspection Service (FSIS)
Mobile Slaughter Unit Compliance Guide
"At Least Equal To" Guidelines for State Meat and Poultry Cooperative Inspection Programs
Regulations & Policies
Regulations, Directives & Notices
Compliance Guides Index
Meat and Poultry Hazards and Controls Guide (2005)
Safety and Security Guidelines for the Transportation and Distribution of Meat, Poultry, and
Egg Products
(2005)
HAACP (Hazard Analysis and Critical Control Point)
HAACP Guidance Documents
State Departments of Health and Agriculture
U.S. Codex Office


National Agricultural Library (NAL)
Food and Nutrition Information Center
Food Safety Research Information Office


Congressional Resources
U.S. Senate and House Committees
Hearing of Senate Agriculture Committee: Examining the Effects of Bovine Spongiform
Encephalopathy (BSE) on U.S. Imports and Exports of Cattle and Beef
(Feb. 3, 2005)
U.S. House Committee Hearing on Government Reform: Question: What Is More
Scrambled Than an Egg? Answer: The Federal Food Inspection System
(May 17, 2005)
House Agriculture Committee Report: National Uniformity for Food Act of 2005
(Feb. 28, 2006)
Senate Committee Report: Homeland Security Food and Agriculture Act of 2005
(Dec. 15, 2005)
Food Safety: Agriculture, Nutrition, and Forestry Committee
Government Accountability Office (GAO) Reports:
Food Irradiation: FDA Could Improve Its Documentation and Communication of Key Decisions
on Food Irradiation Petitions
(GAO-10-309R)
Food Safety: FDA Has Begun to Take Action to Address Weaknesses in Food Safety Research,
But Gaps Remain
(GAO-10-182R)
Food Safety: FDA Could Strengthen Oversight of Imported Food by Improving Enforcement
and Seeking Additional Authorities
(GAO-10-699T)
Food Safety: Agencies Need to Address Gaps in Enforcement and Collaboration to Enhance
Safety of Imported Food
(GAO-09-873)
Food Safety: FDA Should Strengthen Its Oversight of Food Ingredients Determined to Be K Generally Recognized as Safe (GRAS) (GAO-10-246)
Veterinarian Workforce: Actions Are Needed to Ensure Sufficient Capacity for Protecting Public
and Animal Health
(GAO-09-178)
Food Safety: Selected Countries' Systems Can Offer Insights into Ensuring Import Safety
and Responding to Foodborne Illness
(GAO 08-794)
Food Safety: Improvements Needed in FDA Oversight of Fresh Produce (GAO 08-1047)
Plum Island Animal Disease Center: DHS and USDA Are Successfully Coordinating Current
Work, but Long-Term Plans Are Being Assessed
(Dec. 19, 2005)
Mad Cow Disease: An Evaluation of a Small Feed Testing Program FDA Implemented in 2003
With Recommendations for Making the Program a Better Oversight Tool
(Oct. 11, 2005)
Overseeing the U.S. Food Supply: Steps Should be Taken to Reduce Overlapping
Inspections and Related Activities
(May 17, 2005)
Oversight of Food Safety Activities: Federal Agencies Should Pursue Opportunities
to Reduce Overlap and Better Leverage Resources
(Mar. 30, 2005)
Mad Cow Disease: FDA's Management of the Feed Ban Has Improved, but Oversight
Weaknesses Continue to Limit Program Effectiveness
(Feb. 25, 2005)
Food Safety: Experiences of Seven Countries in Consolidating Their Food Safety Systems
(Feb. 22, 2005)
Food Safety Publications Links
Mad Cow Disease Links
Posthearing Questions Related to Fragmentation and Overlap in the Federal Food Safety
System
(May 26, 2004)
USDA & FDA Need to Better Ensure Prompt, Complete Recalls of Potentially Unsafe Food
(Oct. 2004)


Other Federal Resources
President's Food Safety Working Group (Foreign Agricultural Service)
Bovine Spongiform Encephalopathy (BSE) (Foreign Agricultural Service)
Bovine Spongiform Encephalopathy (BSE) (APHIS Legislative and Public Affairs)
National Programs: Food Safety (Agricultural Research Service)
Global Beef Trade: Effects of Animal Health, Sanitary, Food Safety, and Other Measures on U.S.
Beef Exports
(U.S. Int'l Trade Comm'n)
FoodSafety.gov: Gateway to Government Food Safety Information
State Departments of Public Health (Foodsafety.gov)
Health and Human Services Food Safety Links
A Landowner's Guide to Conservation Buffer Incentive Programs in Pennsylvania (NRCS)
Protecting Perishable Foods During Transport by Truck (AMS, 1995)


International Resources
Food and Agriculture Organization of the United Nations (FAO)
Climate Change: Implications for Food Safety (2008)
Pan-European Conference on Food Safety and Quality
International Portal for Food Safety, Animal and Plant Health (FAO)
Strategy for a Food Chain Approach to Food Safety and Quality
FAO Nutrition and Consumer Protection (Food Safety)
FAO Feed and Food Safety Gateway
National and EU Feed Legislation from FAOLEX Database
Veterinary Public Health and Feed and Food Safety (VPH)
FAO Animal Production and Health Division
World Health Organization (WHO)
Topic: Foodborne Diseases
Avian Influenza; Food Safety Issues
Health Topics: Food Safety
Food Safety Department
Bovine Spongiform Encephalopathy
Joint FAO/WHO Initiatives
Codex Alimentarius (Joint FAO/WHO Food Standards Programme)
Understanding the Codex Alimentarius (2005)
Codex General Standard for Food Additives (GSFA) Online Database
FAO/WHO Model Food Law
Procedural Manual - Fifteenth Edition
Food Unit - Food Safety (United Nations Industrial Development Organization)
World Trade Organization
Sanitary and Phytosanitary Measures
SPS Agreement
Working Paper: Risk Assessment in the International Food Safety Policy Arena (Jackson
and Jansen, 2009)
European Union
European Food Safety Authority
Activities of the European Union: Food Safety
Food Safety: From the Farm to the Fork
Food and Feed Safety
BSE
The Future of Agriculture and Food in Europe
Food Safety, Health, and Consumer Affairs Policy (European Union in the U.S.)
Food Safety Agencies in Various Countries
Canada's BSE in North America Site
Food Standards Australia/New Zealand
Canadian Food Inspection Agency
Food Safety Authority of Ireland
United Kingdom Food Standards Agency
Non-Governmental Agencies (NGOs)
Regulation & Food Safety (International Dairy Foods Association)
International Food Information Council
U.S. Foreign Agricultural Service Mission to the European Union: Food Safety


Publications
Summary of Raw Milk Statutes and Administrative Codes (National Conference of State Legislatures)
Stronger Partnerships for Safer Food: An Agenda for Strengthening State and Local Roles
in the Nation's Food Safety System
(Food Safety Research Consortium, 2009)
Search Warrants: What Happens When the FDA Storm Arrives (Fleder, 2009)
Building a Modern Food Safety System: For FDA Regulated Foods (DeWaal and Plunkett, Center for
Science in the Public Interest, 2007)
Regulating Functional Foods; Pre- and Post-Market Strategy (Ziker, 2002)
Protecting Our Food: A Critical Look at the National Uniformity for Food Act of 2004
and Food Safety in America
(Danko, 2005)
Food Irradiation: Why Aren't We Using It? (Prejean, 2001)
Ensuring Safe Food: From Production to Consumption (National Academies Press)
Food Safety Research Information Office Database


Additional Resources
What's Happening With Raw Milk? (www.realmilk.com)
Food Safety Posts (United States Agricultural & Food Law and Policy Blog)
Food and Drug Law Institute
U.S. State and Local Food Law
National Food Safety Database (U. FL)
Institute of Food Technologists
Food Safety & Inspection (American Meat Institute)
Food Safety Resource Center (Organic Consumers Association)
Food Safety Consortium (U. AR)
Food Safety Project: From Farm to Table (IA St. U. Ext.)
National Food Products Association
Food Safety Risk Analysis Clearinghouse (Joint Institute for Food Safety and Applied Nutrition, U. MD)
Foodlaw.org (Institute for Food Laws and Regulations, MI St. U.)
MarketReady Fresh Produce Safety (NC State Extension)








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