2/7/2017 Guide to Introduction US Food Laws and Regulations Consumers demand quality in food SECONDEDITION products Chapter 5 PatriciaA.Curtis ·Consumers expect US Federal Laws food to taste good Affecting Food Labeling -provide nourishment be safe to eat -be produced and marketed honestly WILEY Blackwell Introduction History of Food Labeling Standards of Identity Early food laws protected food against intentional and careless adulteration and PFDA established a solid base for misbranding food law but there were significant Food technology advanced limitations in the law packaged food more prevalent Example case: -new challenges for food safety US vs Ten Cases,More or Less of ·New laws ensured Bred Spred honest representation of packaged food 1931,gov't seized cases of Bred accurate and informative nutrition Spred claiming it was adulterated education for the public and misbranded
2/7/2017 1 Chapter 5 US Federal Laws Affecting Food Labeling Introduction • Consumers demand quality in food products • Consumers expect - food to taste good - provide nourishment - be safe to eat - be produced and marketed honestly Introduction • Early food laws protected food against intentional and careless adulteration and misbranding • Food technology advanced - packaged food more prevalent - new challenges for food safety • New laws ensured - honest representation of packaged food - accurate and informative nutrition education for the public History of Food Labeling Standards of Identity PFDA established a solid base for food law but there were significant limitations in the law Example case: US vs Ten Cases, More or Less of Bred Spred • 1931, gov’t seized cases of Bred Spred claiming it was adulterated and misbranded
2/7/2017 History of Food Labeling History of Food Labeling Standards of Identity Standards of Identity A strawberry flavored jelly spread ·Prosecutors claimed 55 parts sugar -It was an imitation that looked like jam and 17 parts strawberries was thus misleading to customers 11.5 parts water It was less expensive than real jam 0.25 part pectin If consumers knew it was not real jam,they 0.04 parts tartaric acid may make a different purchase Also contained dye and hayseeds to simulate To win the case,the gov't needed to show strawberry seeds it was an inferior product Problem:product was not real jam yet is was -inferiority was being concealed shelved with jam products History of Food Labeling History of Food Labeling Standards of Identity Standards of Identity Common knowledge that jam consisted of 45- 50%fruit Other products However,a legal definition for jam did no exists ·Salad Bouquet No way to prove that Bred Spred was inferior without a legal definition of jam Weak vinegar Also,the product did not call itself jam but "like vinegar" instead spred ·Peanut Spred It could not be considered misbranding -had few peanuts Gov't lost the case because the PFDA did not provide standards for comparing products contained lard
2/7/2017 2 History of Food Labeling Standards of Identity • A strawberry flavored jelly spread 55 parts sugar 17 parts strawberries 11.5 parts water 0.25 part pectin 0.04 parts tartaric acid • Also contained dye and hayseeds to simulate strawberry seeds • Problem: product was not real jam yet is was shelved with jam products History of Food Labeling Standards of Identity • Prosecutors claimed - It was an imitation that looked like jam and was thus misleading to customers - It was less expensive than real jam - If consumers knew it was not real jam, they may make a different purchase • To win the case, the gov’t needed to show - it was an inferior product - inferiority was being concealed History of Food Labeling Standards of Identity • Common knowledge that jam consisted of 45- 50% fruit • However, a legal definition for jam did no exists • No way to prove that Bred Spred was inferior without a legal definition of jam • Also, the product did not call itself jam but instead spred • It could not be considered misbranding • Gov’t lost the case because the PFDA did not provide standards for comparing products History of Food Labeling Standards of Identity Other products • Salad Bouquet - Weak vinegar - ”like vinegar” • Peanut Spred - had few peanuts - contained lard
2/7/2017 History of Food Labeling History of Food Labeling Standards of Identity Overview of Major Food Labeling Laws New food laws were needed to ensure consumers obtained accurate information about Two significant components of FDCA the food they purchased and consumed (1938)related to food labeling Major food laws that address food and nutrition establishment of "Standards of labeling in the US Identity" FDCA or 1938 -inclusion of required food labeling Fair Packaging and Labeling Act of 1966 components -Nutrition Labeling and Education Act of 1990 FDA Modernization Act of 1997 History of Food Labeling History of Food Labeling Overview of Major Food Labeling Laws Overview of Major Food Labeling Laws Required information on food labels Fair Packaging and Labeling Act,1966 common/standard name of identity differed from FDCA in that it provided product descriptors standardized weights and measurements ingredient list use for net weight labeling on food packaging net product weight name and address of manufacturer, standardized weight measurements packer or distributer provide optimal information for product and cost comparisons
2/7/2017 3 History of Food Labeling Standards of Identity • New food laws were needed to ensure consumers obtained accurate information about the food they purchased and consumed • Major food laws that address food and nutrition labeling in the US - FDCA or 1938 - Fair Packaging and Labeling Act of 1966 - Nutrition Labeling and Education Act of 1990 - FDA Modernization Act of 1997 History of Food Labeling Overview of Major Food Labeling Laws • Two significant components of FDCA (1938) related to food labeling - establishment of “Standards of Identity” - inclusion of required food labeling components History of Food Labeling Overview of Major Food Labeling Laws • Required information on food labels - common/standard name of identity - product descriptors - ingredient list - net product weight - name and address of manufacturer, packer or distributer History of Food Labeling Overview of Major Food Labeling Laws • Fair Packaging and Labeling Act, 1966 - differed from FDCA in that it provided standardized weights and measurements use for net weight labeling on food packaging - standardized weight measurements provide optimal information for product and cost comparisons
2/7/2017 History of Food Labeling History of Food Labeling Overview of Major Food Labeling Laws Overview of Major Food Labeling Laws Nutrition Labeling and Education Act. FDA Modernization Act,1997 1990 provides appropriate procedures and -required nutrition labeling on all uses of nutrient and health claims that emerge from new research package foods Food Allergen Labeling and Consumer -set definitions for nutrient and health Protection Act,2004 claims used on the display panel ensures proper reporting of major allergens present in food items History of Food Labeling History of Food Labeling FDCA 1938 FDCA 1938 Comprehensive set of laws for 2013,a Nebraska man sentenced to one regulating drug,cosmetics and food year of probation for mislabeling Defined the term"misleading"to hundreds of pounds of meat protect consumers from false and -mislabeled meats had not undergone misleading information on food labels inspection by the U.S.Department Allows prosecution of food producers of Agriculture,but still bore the for false information or missing USDA mark of inspection information on a food label
2/7/2017 4 History of Food Labeling Overview of Major Food Labeling Laws • Nutrition Labeling and Education Act, 1990 - required nutrition labeling on all package foods - set definitions for nutrient and health claims used on the display panel History of Food Labeling Overview of Major Food Labeling Laws • FDA Modernization Act, 1997 - provides appropriate procedures and uses of nutrient and health claims that emerge from new research • Food Allergen Labeling and Consumer Protection Act, 2004 - ensures proper reporting of major allergens present in food items History of Food Labeling FDCA 1938 • Comprehensive set of laws for regulating drug, cosmetics and food • Defined the term “misleading” to protect consumers from false and misleading information on food labels • Allows prosecution of food producers for false information or missing information on a food label History of Food Labeling FDCA 1938 • 2013, a Nebraska man sentenced to one year of probation for mislabeling hundreds of pounds of meat - mislabeled meats had not undergone inspection by the U.S. Department of Agriculture, but still bore the USDA mark of inspection
2/7/2017 History of Food Labeling History of Food Labeling FDCA 1938 FDCA 1938 June 21,2016,FDA sent a warning letter 2015,FDA sent a warning to Oak Hill to Popsalot LLC in Paramount.CA Farm of Seward,PA an inspection in March revealed sold a bob veal calf in July 2014 with violations of federal food labeling regulations tissue samples that contained neomycin,a drug with no acceptable "Moroccan Mystique"popcorn tolerance level product was misbranded as the label claimed it was"gluten-free"and the the drug was used in a way that did product contained 20 ppm of gluten not conform to label directions number of servings per container was also incorrect History of Food Labeling History of Food Labeling Standardized Food Products Standardized Food Products ·Definition 20 categories for standards of identity A food for which a regulation has been promulgated fixing and establishing,under its common usual Category Examples name Milk and cream -a reasonable definition and a standard of identity, Cheeses and asiago cheese.blue cheese,cottage -a reasonable standard of quality related products cheese,cream cheese,cheese spreads Frozen desserts ice cream,frozen custard,sherbet and/or reasonable standard of fill of container Bakery products enriched,mil,raisin,whole-wheat or to promote honesty and fair dealing in the standard bread,rolls,buns interest of consumers Cereal flours and flour(all types).farina,semolina related products enriched rice,corn flour
2/7/2017 5 History of Food Labeling FDCA 1938 • 2015, FDA sent a warning to Oak Hill Farm of Seward, PA - sold a bob veal calf in July 2014 with tissue samples that contained neomycin, a drug with no acceptable tolerance level - the drug was used in a way that did not conform to label directions History of Food Labeling FDCA 1938 • June 21, 2016, FDA sent a warning letter to Popsalot LLC in Paramount, CA - an inspection in March revealed violations of federal food labeling regulations - “Moroccan Mystique” popcorn product was misbranded as the label claimed it was “gluten-free” and the product contained 20 ppm of gluten - number of servings per container was also incorrect History of Food Labeling Standardized Food Products • Definition A food for which a regulation has been promulgated fixing and establishing, under its common usual name, - a reasonable definition and a standard of identity, - a reasonable standard of quality, - and/or reasonable standard of fill of container - to promote honesty and fair dealing in the interest of consumers History of Food Labeling Standardized Food Products • 20 categories for standards of identity Category Examples Milk and cream heavy cream, half-and-half, yogurt, sweetened condensed milk, sour cream Cheeses and related products asiago cheese, blue cheese, cottage cheese, cream cheese, cheese spreads Frozen desserts ice cream, frozen custard, sherbet Bakery products enriched, mil, raisin, whole-wheat or standard bread, rolls, buns Cereal flours and related products flour (all types), farina, semolina, enriched rice, corn flour