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
2/7/2017 History of Food Labeling History of Food Labeling Standardized Food Products Standardized Food Products 20 categories for standards of identity 20 categories for standards of identity Category Examples Macaroni and noodle macaroni products and noodles,non- Category Examples products fat milk macaroni,soy noodles Canned green beans,wax beans,corn,peas,dry Canned fruit canned and artificially sweetened vegetables applesauce,cherries,figs,fruit omgococenirai6caip cocktail,pears,peaches,and more Vegetable juice tomato Canned fruit juices orange and grapefruit juice,frozen Frozen peas concentrate juices,canned vegetables concentrated and reduced-acid juices Egg and egg whole,dried,frozen,and liquid eggs, Fruit butters,jellies,fruit butter,jelly,preserves and products egg whites,egg yolks preserves,etc jams,artificially sweetened variants History of Food Labeling History of Food Labeling Standardized Food Products Standardized Food Products 20 categories for standards of identity .20 categories for standards of identity Category Examples Category Examples Fish and oysters,canned oysters,canned salmon, Beverages bottled water shellfish canned shrimp,frozen raw breaded Margarine margarine shrimp,canned tuna Sweeteners and dextrose,dried glucose syrup,lactose Cacao products cacao nibs,chocolate liquor,breakfast table syrups cane syrup,maple syrup,sorghum syrup, cocoa,white chocolate.milk chocolate table syrup sweet chocolate,veg.fat coating Food dressings french dressing,mayonnaise,salad Tree nut and mixed nuts,shelled nuts in rigid or and flavorings dressing,vanilla extract,vanilla peanut products semi-rigid containers,peanut butter flavoring,vanilla powder,vanilla-vanillin extract 6
2/7/2017 6 History of Food Labeling Standardized Food Products • 20 categories for standards of identity Category Examples Macaroni and noodle products macaroni products and noodles, nonfat milk macaroni, soy noodles Canned fruit canned and artificially sweetened applesauce, cherries, figs, fruit cocktail, pears, peaches, and more Canned fruit juices orange and grapefruit juice, frozen concentrate juices, canned concentrated and reduced-acid juices Fruit butters, jellies, preserves, etc fruit butter, jelly, preserves and jams, artificially sweetened variants History of Food Labeling Standardized Food Products • 20 categories for standards of identity Category Examples Canned vegetables green beans, wax beans, corn, peas, dry peas, tomato concentrate, catsup, mushrooms Vegetable juice tomato Frozen vegetables peas Egg and egg products whole, dried, frozen, and liquid eggs, egg whites, egg yolks History of Food Labeling Standardized Food Products • 20 categories for standards of identity Category Examples Fish and shellfish oysters, canned oysters, canned salmon, canned shrimp, frozen raw breaded shrimp, canned tuna Cacao products cacao nibs, chocolate liquor, breakfast cocoa, white chocolate, milk chocolate, sweet chocolate, veg. fat coating Tree nut and peanut products mixed nuts, shelled nuts in rigid or semi-rigid containers, peanut butter History of Food Labeling Standardized Food Products • 20 categories for standards of identity Category Examples Beverages bottled water Margarine margarine Sweeteners and table syrups dextrose, dried glucose syrup, lactose, cane syrup, maple syrup, sorghum syrup, table syrup Food dressings and flavorings french dressing, mayonnaise, salad dressing, vanilla extract, vanilla flavoring, vanilla powder, vanilla-vanillin extract
2/7/2017 History of Food Labeling History of Food Labeling Standardized Food Products Standardized Food Products Standards of identity Example:a food item called Catsup must be are legal definitions of food products -prepared from 1-2 of the following: provide basis for product comparison o tomato concentrate, provide mandatory and optional ingredients o lemon juice,concentrated lemon juice or that define these foods safe organic acid in quantities to adjust provide general guidelines on how food or the pH ingredients are prepared o liquid derived from mature tomatoes of -give the common name to be used on the label the red varieties of provides an acceptable spelling of the product Lycopersicum exculentum History of Food Labeling History of Food Labeling Standardized Food Products Standardized Food Products Example:a food item called Catsup must be At time of FDCA acceptance, -prepared from 1-2 of the following: standardized foods did not need to list o liquid strained to exclude seeds,skins,and ingredients because they were other course or hard substance in formulated from "time-honored"recipes accordance with GMPs Most consumers knew the ingredients o vinegars,nutritive carbohydrate sweeteners,spices,flavoring. HN的 Manufacturer's did not form new onion or garlic recipes for fear of being labeled "fake" name of the food is Catsup. Ketchup or Catchup
2/7/2017 7 History of Food Labeling Standardized Food Products • Standards of identity - are legal definitions of food products - provide basis for product comparison - provide mandatory and optional ingredients that define these foods - provide general guidelines on how food or ingredients are prepared - give the common name to be used on the label - provides an acceptable spelling of the product History of Food Labeling Standardized Food Products • Example: a food item called Catsup must be - prepared from 1-2 of the following: o tomato concentrate, o lemon juice, concentrated lemon juice or safe organic acid in quantities to adjust the pH o liquid derived from mature tomatoes of the red varieties of Lycopersicum exculentum History of Food Labeling Standardized Food Products • Example: a food item called Catsup must be - prepared from 1-2 of the following: o liquid strained to exclude seeds, skins, and other course or hard substance in accordance with GMPs o vinegars, nutritive carbohydrate sweeteners, spices, flavoring, onion or garlic - name of the food is Catsup, Ketchup or Catchup History of Food Labeling Standardized Food Products • At time of FDCA acceptance, standardized foods did not need to list ingredients because they were formulated from “time-honored” recipes • Most consumers knew the ingredients • Manufacturer’s did not form new recipes for fear of being labeled “fake
2/7/2017 History of Food Labeling History of Food Labeling Standardized Food Products Standardized Food Products White House conference on Food,Nutrition,and Health in1969 Standards of food identity are vital for concern over inability of food technology to improve understanding: the issues of hunger and malnutrition in America the way foods are named and labeled due to stigma associated with"imitation"food -FDA loosened requirements for standardization and how required elements are used on a thus the definition of "imitation" food label changed many mandatory ingredients to optional ones Standards of food identity are mandatory resulted:more foods subject to ingredient labeling requirements if foods did not comply with standards requirements,set by the FDA,that of identity determine what a food product must contain to be marketed under a certain name Construction of a Food Label FDCA of 1938 outlined requirements for labeling of food Gerbers Gerbers items to include: 品 a principle of display panel ·an information panel BEEF ARMOUR BEEF Label has changed over the years due to WITH BEEF BROTH ADDED WITH BEEF BROTH ADDE Fair Packaging and Labeling Act,1966 1960s -Nutrition Labeling and Education Act,1990 ORGANIC ·Labels now require principle of display panel,including standard of identity and net weight information panel Today nutrition facts panel ingredients list
2/7/2017 8 History of Food Labeling Standardized Food Products • White House conference on Food, Nutrition, and Health in 1969 - concern over inability of food technology to improve the issues of hunger and malnutrition in America - due to stigma associated with “imitation” food - FDA loosened requirements for standardization and thus the definition of “imitation” - changed many mandatory ingredients to optional ones - resulted: more foods subject to ingredient labeling requirements if foods did not comply with standards of identity - urged listing of optional and mandatory ingredients that varied from the standards of identity History of Food Labeling Standardized Food Products • Standards of food identity are vital for understanding: - the way foods are named and labeled - how required elements are used on a food label • Standards of food identity are mandatory requirements, set by the FDA, that determine what a food product must contain to be marketed under a certain name Construction of a Food Label • FDCA of 1938 outlined requirements for labeling of food items to include: - a principle of display panel - an information panel • Label has changed over the years due to - Fair Packaging and Labeling Act, 1966 - Nutrition Labeling and Education Act, 1990 • Labels now require - principle of display panel, including standard of identity and net weight - information panel - nutrition facts panel - ingredients list 1960s Today
2/7/2017 Construction of a Food Label WHAT DO I NEED TO CREATE A Principle Display Panel FDA APPROVED FOOD JAR LABEL? Principle of Display Panel is the cover of the T南0ONL8 package and includes: common or usual name of the food net quantity of the package contents PDP Information Panel is the right of the display panel and includes: statement of ingredients manufacturer's name and address Construction of a Food Label Construction of a Food Label Principle Display Panel Principle Display Panel Common usual name or standard of identity Net quantity statement common name specified in the standards of printed in the bottom 30%of identity the display panel STATEMENT OF ENTITY is a distinct item if no standard identity exists: listed in metric (grams,liters)and US o name must be descriptive Customary System(pounds,fluid ounces) o not misleading(sandwich terms cookie) includes only the content of o form must be described the package and not the M=2配5 (chopped,sliced,diced,whole,pieces) packaging material 9
2/7/2017 9 Construction of a Food Label Principle Display Panel • Principle of Display Panel is the cover of the package and includes: - common or usual name of the food - net quantity of the package contents • Information Panel is the right of the display panel and includes: - statement of ingredients - manufacturer’s name and address Construction of a Food Label Principle Display Panel • Common / usual name or standard of identity - common name specified in the standards of identity - if no standard identity exists: o name must be descriptive o not misleading (sandwich cookie) o form must be described (chopped, sliced, diced, whole, pieces) Construction of a Food Label Principle Display Panel • Net quantity statement - printed in the bottom 30% of the display panel - is a distinct item - listed in metric (grams, liters) and US Customary System (pounds, fluid ounces) terms - includes only the content of the package and not the packaging material
2/7/2017 Construction of a Food Label Construction of a Food Label Principle Display Panel Principle Display Panel Net guantity statement RIce ·Information panel CEREAL must use certain font size immediate right of the display type,and style are provided panel for both name and weight must be separated from or the next available space to other labeling or artwork on the right the display panel ·Artwork must be representative of the contents and must not be misleading Construction of a Food Label Construction of a Food Label Principle Display Panel Principle Display Panel ·Information pane/ Nutrition Facts must include ·Information pane/ o name and address of items are not required to manufacturer,packer be in any specific order distributer o packaging identification -no intervening number information or artwork o ingredient list o allowed o allergen statement o nutrition panel 60o 10
2/7/2017 10 Construction of a Food Label Principle Display Panel • Net quantity statement - must use certain font size, type, and style are provided for both name and weight - must be separated from other labeling or artwork on the display panel • Artwork must be representative of the contents and must not be misleading Construction of a Food Label Principle Display Panel • Information panel - immediate right of the display panel - or the next available space to the right Construction of a Food Label Principle Display Panel • Information panel - must include o name and address of manufacturer, packer, distributer o packaging identification number o ingredient list o allergen statement o nutrition panel Construction of a Food Label Principle Display Panel • Information panel - items are not required to be in any specific order - no intervening information or artwork allowed
