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Overview of U.S. Food Law Sectors of the U.S. Food Industry Based on a Compilation of U.S. Food Laws Production Ag Input Suppliers Food Animal Drugs Food Animal Feed Biotechnology Pesticide Residue Imported plants & animals FDA CVM Production Ag Dairy farms Meat & Poultry Fresh Fruits, Fresh Vegetables, Nuts (products move directly to retail) FDA -- FSMA Produce Safety (GAP/GHP) Juice, Seafood FDA CFSAN Infant formula FDA Other Ag Commodities USDA GISPA Commodity Standards; All Other Foods FDA CFSAN Dairy processing FDA FDA CVM (inc. HACCP) USDA APHIS; FDA; EPA EPA standards; FDA enforced USDA APHIS Processing* State oversight but underpinned by FDA/industry Grade “A” Pasteurized Milk Ordinance Fisheries Industry Standards (GAP) Dept. of Commerce & FDA USDA FSIS HACCP (SSOPs) HACCP (GMPs & SSOPS) GMPs FSMA – Preventive Controls (Food Safety Plan) (GMPs) Grade “A” Pasteurized Milk Ord.; vol. HACCP Retail State – approved by USDA FSIS State – coordinated with FDA FDA’s Food Code underpins some of the state law Restaurants, cafeterias, institutions Grocery stores & other retail vendors Consumers State (e.g., N.D. Dept. of Health) Do not regulate; Local (city/ county) Educate But … FDA’s Food Code underpins much of the law (inc. vol. HACCP) Food advertising – FDA standards; FTC enforced Inform with labeling Right of consumers to bring legal action against food business responsible for unsafe food product State-led coordinated with FDA Organic food – overseen by USDA AMS from production to labeling for consumers Imported FDA & FSIS standards; food CBP enforced Pet Food FDA CVM AMS – Agricultural Marketing Service within the USDA APHIS – Animal and Plant Health Inspection Service within the USDA CBP – Customs & Border Protection CFSAN – Center for Food Safety and Applied Nutrition within the FDA CVM – Center for Veterinary Medicine within the FDA EPA – Environmental Protection Agency FDA – Food & Drug Administration FSIS – Food Safety Inspection Service within the USDA FTC -- Federal Trade Commission GISPA – Grain Inspection, Packers and Stockyards Administration within the USDA USDA – U.S. Department of Agriculture HACCP – Hazard Analysis & Critical Control Points FSMA -- Food Safety Modernization Act (pertains only to FDA) GMPs – Good Manufacturing Practices SSOPs – Sanitary Standard Operating Procedures GAP/GHP – Good Agricultural Practices & Good Handling Practices * FDA registration/state license, ingredients/additives, product standards, facilities/equipment, GMPs/SSOPs, defense/security, inspections, packaging, labeling, claims, advertising, records, training, import notice/export certificate, transportation, storage, RFR/recalls, etc Do not overlook the contractual obligations food businesses impose on other food businesses supplying food ingredients or providing services.