Food processing is a multi-step process. This page reviews laws that address several of these steps: packaging, labeling, transporting, and storing. Show
. Topics addressed on this page:
. Packaging
. A second consideration with respect to packaging is whether the container may cause the food to be adulterated.
. Is there any expectation that the packaging employ a method to prevent tampering with the food product?
In summary, food that is not packaged according to FDA regulations will be considered adulterated and prohibited from being sold. . The next topic is labeling. If the food package is not properly labeled, the food will be considered misbranded. . Food LabelingFood Drug and Cosmetic Act (administered by FDA) prohibits the sale of misbranded food which implies that food products must be properly labeled. As stated previously, consumers will make the final decision about what they consume. The attitude in the United States (and apparently many other nations) is that government will not regulate consumer decisions. However, there is an expectation that consumers will make "better" decisions if they have information with which to make decisions. Accordingly, society (through government) mandates that food firms provide accurate information about their product to consumers so consumers can then make their decisions. Much of this information is expected to be available at the time and place the consumer decides to purchase the food item. Labels have been identified as the vehicle by which the consumer information is to be provided. This section introduces U.S. laws and regulations directing the labeling of food products. . Major U.S. Acts Addressing Food Labeling
. Food Labeling Statutes and RegulationsFood labeling requirements are based on statutory laws enacted by Congress and subsequent regulations issued by the implementing federal agency. These statutes and regulations are found in their respective codes; this is not a complete list of all U.S. federal food labeling laws.
. Industry Guidance on Food LabelingTo assist food businesses comply with food laws (including food labeling laws), the responsible agencies are increasingly publishing guides and fact sheets written for a business audience (rather than the legalese of statutes and regulations). These explanatory publications offer a good introduction to the statutes and regulations.
. Improperly labeled food is Misbranded food
. Requirements for Labeling Food ProductsFive basic label requirements for food: product name, quantity of content, nutritional information, ingredients, and manufacturer or distributor. These five requirements are addressed in subsequent subsections. . The following list identifies several FDA guidance documents that address food labeling. Be certain to skim these pages and then focus on specify topics or discussions relating to the food you are interested in.
Parts of a Food Label
.
.
. Dates on the Label
Few foods are required to be "dated" in the United States.
. Labeling meat, poultry, and egg products
. Country of Origin Labeling "Country of Origin Labeling [COOL] is a labeling law that requires retailers, such as full-line grocery stores, supermarkets, and club warehouse stores, notify their customers with information regarding the source of certain foods. Food products, (covered commodities) contained in the law include muscle cut and ground meats: beef, veal, pork, lamb, goat, and chicken; wild and farm-raised fish and shellfish; fresh and frozen fruits and vegetables; peanuts, pecans, and macadamia nuts; and ginseng... [USDA] AMS is responsible for administration and enforcement of COOL." See http://www.ams.usda.gov/AMSv1.0/cool. Also see 7 CFR parts 60 and 65. COOL has been a political issue as Congress debated and enacted the statute; the political positioning continued for a decade as USDA tried to promulgate regulations to implement the law. Some interested parties argued that consumers want to know where the products are being produced; others argued that the cost of tracking the product so the COOL labeling was accurate would negatively impact the food industry. To be beneficial, COOL labeling needs to be available to the consumer as they make their purchase decisions, thus the regulation directs retailer to provide COOL labeling (7 CFR 65.300(a)). But in order for the retailer to accurately label the retail product, the preceding handlers, processors and others in the supply chain need to track the movement of the product and to accurately convey COOL information with the product. Accordingly, the regulations also address these responsibilities (7 CFR 65.500(b)).
. Irradiated meat and poultry --9 CFR §424.22(c)
. Labeling egg products -- FDA and USDA share labeling authority; 9 CFR 590.411 and 9 CFR 590.680 . Have the Labeling Requirements been Met?
. Labeling for Special Circumstances
. Labeling products regulated by Alcohol and Tobacco Tax and Trade Bureau
. Product CodingNot the same as labeling even though it is part of the packaging; coding is intended to help identify the source of the food item.
Food firms are allowed to develop their own coding system. The firms decide the level of detail. For example, do they want to be able to identify the time of day of processing, or just the shift during which the food was processed? More detail allows the firm to "pin point" when a product was processed, but each level of detail perhaps adds cost to the business operation. . Labeling requirements of other nations
. Food TransportationFood safety from "farm to fork" includes transportation. Recall that the statutory definition (9 U.S.C. 342(a)(4)) states that food would be considered adulterated "if it [the food product] has been prepared, packed, or held under insanitary conditions whereby it MAY [emphasis added] have become contaminated with filth, or whereby it MAY [emphasis added] have been rendered injurious to health." Clearly, food transported in a dirty vehicle has been "held" under conditions that "could" contaminate the food product. Several incidents in the past decades have spotlighted the importance of adopting practices to reduce the risk of adulteration as a result of transporting food. One incident was shipping milk in a truck bulk tank after the vehicle had been used to move liquid eggs. This milk was then processed into ice cream that caused consumer illnesses. This and other incidents caught national attention. Congress responded by authorizing the Dept. of Transportation to address the issue; see "Sanitary Food Transportation Act of 1990" -- Chapter 57 of U.S.C. Title 49. This statute directed the Department of Transportation (DOT) to develop appropriate regulations. DOT proposed regulations in 1993 but never finalized them. DOT proposed regulations again in 2004; never finalized these either (see http://www.gpo.gov/fdsys/pkg/FR-2005-12-23/html/05-24435.htm. A frustrated Congress shifted the responsibility for food safety transportation to FDA in 2005.
Congress again grew frustrated (this time frustrated with FDA) so Congress in the Food Safety Modernization Act of 2010 directed the FDA to promulgate regulations for food transportation.
FDA provided Guidance on the transport of juices in April 2003.
FDA updated its Guidance on the transport of bulk milk in October 2007.
"This guidance is designed as an aid to operators of dairy farms, bulk milk transportation operations, bulk milk transfer stations and fluid milk processing facilities. It identifies the kinds of preventive measures operators of these establishments may take to minimize the risk that fluid milk under their control will be subject to tampering or other malicious, criminal, or terrorist actions." As a food processor, what do you expect of your food transporter? How might a food processor communicate those expectations to the transporter? HINT -- in the contract by which the food processor hires the food transporter? How will the food processor monitor whether the transporter is
meeting the food processor's expectations? HINT -- the food processor inspects the truck? HINT -- the food processor requires the transporter to maintain and make available records relevant to the transport of the food product. Food StorageAs stated in federal statutory law, food stored in unsanitary conditions will be considered adulterated even if the food is not contaminated. Food warehouses and other storage facilities must be maintained so that food stored within the facility cannot be contaminated. This expectation pertains to commodity storage at a processing plant, product storage at a processing plant, or food storage at any location even if no processing occurs. Accordingly, all facilities in the food distribution network or system must be maintained in a manner that will not allow the food to be contaminated. See 21 U.S.C. 342(a)(4) "A food shall be deemed to be adulterated— (a)... (4) if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health..." Topics or details to consider:
Food storage facilities are subject to inspection by federal, state and local authorities. Do not forget that industry standards (as expressed in a buyer's contract with a supplier) often match, exceed or precede regulatory standards. SummaryFood packaging is regulated to assure the package does not mislead the consumer (misbranded?) or adulterate the food. Food labeling is regulated to assure 1) the information does not mislead the consumer and 2) the consumer has information to make an informed decision at the time of the purchase decision. Advertising also is regulated to assure the consumer is not being provided misleading information. The storage and transportation of food and food ingredients are regulated to reduce the risk that the product becomes adulterated at any step through the food system. |