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Food Law and Regulations FS 321 Friday, January 28, 2011 Lecture #5 Structure and Intro FFDCA The Assignment • A couple of updates • Critical Thinking • Technical Writing Critical Thinking • Purposeful, self-regulatory judgment which gives consideration to the evidence, methods, concepts, and criteria upon which a judgment is based Technical Writing • An appropriate type and format • Well organized • References must be cited Moving on • Pure Food Act • Implications • Weaknesses • Setting the stage for FDCA of 1938 Pure Food Act Implications • Defined Adulteration and Misbranding • Laid the ground work for the Federal Food, Drug and Cosmetic Act of 1938 • At the same time: – Meat Inspection Act – Poultry Products Inspection Act – Egg and Egg Products Inspection act Global Intent • The American consumer is entitled to safe food and the opportunity to make informed decisions based on accurate information in the market place • In a nutshell it addressed fraud Regulatory Agencies Food Quality and Safety • US Department of Agriculture – Food Safety • Food Safety and Inspection Service • Agricultural Marketing Service • Department of Health and Human Services – Food and Drug Administration • Center for Food Safety and Nutrition – Center for Disease Control and Prevention Other Agencies • Department of Treasury – Bureau of Alcohol, Tobacco and Firearms • Federal Trade Commission – The Fair Trade Watch Food Marketing to Children • Food Composition • Also Under Consideration – Packaging – Typeface – Pictures How to Find Information • Government Accounting Office (GAO) – Congressional Record • Official record of proceedings and debates in Congress – Code of Federal Regulations (CFR) – Federal Register • Proposals • Notices – Individual websites of the agencies – Individual websites of the “voices” Weaknesses Bureau of Chemistry Report 1917 • Lack of legal standards (descriptions) of food • Lack of authority to inspect food and drug warehouses • Inability to restrict interstate shipments of food that naturally contained poison • Lack of jurisdiction over false or misleading claims made on foods • Failure to address pesiticides Food Drug and Cosmetic Act • Grew from the zeitgeist of the times • The Pure Food Act was narrow in focus What was happening? • Lack of drug testing – Sulfanilamide prepared using diethylene glycol: 100 people died – Media • Books of the 1930’s 100,000,000 Guinea Pigs: A Kallet • American Chamber of Horror: R. Lamb • Guinea Pigs No More: J. B. Matthews Food Drug Act of 1938 New Provisions • Safe tolerances be set for unavoidable poisonous substances • Authorizing standards of identity, quality and fill-of-container for foods • Authorizing factory inspections • Expanding definitions of adulteration and misbranding • Monday and Wednesday: the particulars