Unit 3-3
Unit 3-3
Codex Alimentarius is a group of international food standards, adopted by the Codex Alimentarius
Commission and uniformly presented. The very term Codex Alimentarius is taken from the Latin
term Codex Alimentarius, meaning Food Law or Legal Food Code. The Codex Alimentarius
standards cover all basic food types, raw, semi-processed and processed, that are intended for
distribution to the costumers. The regulations of the Codex refer to food hygiene and quality,
including microbiological standards, food additives, pesticides and residues from veterinary drugs,
contaminants, food labeling and marketing, methods for sampling and hazard analysis, food import
and export, certification system, etc.
• The Food and Agriculture Organization (FAO) and World Health Organization (WHO) -
took the responsibility of food and health related issues
• FAO in 1961 and WHO 1963 passed Resolution to establish the Codex Alimentarius
Commission
• Responsible for Joint FAO/WHO Food Standard Program
The FAO/WHO International Conference on Nutrition, 1992
• Recognized that:
• access to nutritionally adequate and safe food is a right of each individual
• Food regulations… should fully take international standards of the Codex
Alimentarius
Codex Objectives:
• To protect the health of consumers
• To ensure fair practices in the food trade
• To coordinate all work regarding food standards
• To determinate the priorities
• To initiate the preparation of standards
• To publish the standards
Codex Alimentarius Commission – structure and management
• The Executive Committee
• Chairperson
• 3 Vice-Chairpersons
• 7 Regional Representatives
• 6 Regional Coordinators
• The Regional Coordinating Committees
• The Secretariat of the Commission
Regional Coordinating Committees
• 6 Regional Committees – for Africa, Asia, Europe, Latin America & Caribbean, North
America & Southwest Pacific, Near East
• The working tasks of the regional Coordinative Committees are identical and refer to:
• Defining the problems and needs of the region
• Promotion of cooperation and exchange of information
• Development of world-wide food quality and safety standards of regional interest
• Development of regional food safety and quality standards
• Coordination and promotion of the activities of the Codex Alimentarius
Commission
The Secretariat of the Commission
A high FAO body responsible for:
• Formulation and development of FAO/ WHO standards
• Administrative support to the Commission
• Relations with the National Codex Contact Point
• The Secretariat is composed of six representatives with full working time, situated in the
head office of FAO in Rome
Subsidiary bodies of the Codex Alimentarius Commission
• Codex Committees:
• Codex committees for general issues
• Committees for special types of foodstuff products
• Ad-hoc Intergovernmental Special Work Groups
Codex Committees on general issues (Horizontal committees)
1. Codex Committee on General Principles
2. Codex Committee on Food Labeling
3. Codex Committee on Methods of Analysis and Sampling
4. Codex Committee on Food Hygiene
5. Codex Committee on Pesticide Residues
6. Codex Committee on Food Additives and Contaminants
7. Codex Committee on Import - Export Inspection and Certification systems
8. Codex Committee on Nutrition and Foods for Special Dietary Uses
9. Codex Committee on Residues of Veterinary Drugs in Foods
Product Committees (Vertical Committees)
1. Codex Committee on Cocoa Products and Chocolates,
2. Codex Committee on Sugars,
3. Codex Committee on Pocessed Fruit and Vegetables,
4. Codex Committee on Fats and Oils,
5. Codex Committee on Meat and Polutry Hygyene,
6. Codex Committee on Fish and Fishery products,
7. Codex Committee on Fresh Fruit and Vegetables,
8. Codex Committee on Milk and Milk Products,
9. Codex Committee on Natural Mineral Waters,
10. Codex Committee on Vegetable Proteins,
11. Codex Committee on Cereals, Pulses and Legumes.
Ad-hoc Intergovernmental Codex Task Force (established by the 23rd Session of the
CAC)
• Foods derived from Biotechnology (Japan, 14-17 March 2000)
• Animal Feeding
(Denmark, 13-15 June 2000)
• Fruit and Vegetable Juices
(Brazil, 18-22 September 2000)
Highest priority:
Formulation of commodity and general standards
The emphasis is put on the creation of market conditions where only the quality food will be
available, with minimum acceptable quality and without any hazards to the health of the population
• There is a uniform (unified) procedure for acceptance of Codex standards, composed of 8
phases, but there is also an accelerated or shortened procedure, where the process of giving
proposals, comments, and the adoption of the standards is done in 5 phases.
Accelerated
• Scope of the standard
including its correct name i.e. the name of the relevant food
• Description of the standard
• definition of the product, the basic material from which it is produced, description
of the production process and packing
• Basic structure and quality factors
• minimum standards for the relevant food
• Weights and measures
• Labeling
• according to the Codex general standards for labeling of packed food
• Contaminants
• Hygiene
• Food additives
• Methods for analysis
History
To meet a country’s sanitary and phytosanitary requirements, food must comply with the local laws
and regulations to gain market access. These laws ensure the safety and suitability of food for
consumers. Factors on which it depends, In some countries food laws also govern food quality and
composition standards.
Food laws and Regulations
The requirement of food regulation may be based on several factors such as whether a country
adopts international norms developed by the Codex Alimentarius Commission of the Food and
Agriculture Organization of the United Nations and the World Health Organization or a country
may also have its own suite of food regulations. Each country regulates food differently and
has its own food regulatory framework.
International and National Laws and Regulation
DESCRIPTION OF QUALITY SYSYEMS FOOD LAWS-
Food laws implemented for 2 reasons-
• Regulation of specification of food
• Regulation of hygienic conditions of processing/manufacturing.
Food laws are either mandatory or voluntary, they are set up to established by authorities to as a
rule to measure of quantity, weight, value or quality.
INTERNATIONAL ORGANIZATION GOVERNING FOOD SAFETY
1. WORLD HEALTH ORGANIZATION (WHO)
2. WORLD TRADE ORGANIZATION (WTO)
3. FOOD AND AGRICULTURE ORGANIZATION (FAO)
4. CODEX ALIMENTARUS COMMISSION (CAC) [UNDER FAO/WHO]
5. INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO)
6. NATIONAL ADVISORY COMMITTEE FOR MICROBIOLOGICAL CRITERIA FOR
FOODS (NACMCF)
7. INTERNATIONAL COMMISSION FOR MICROBIOLOGICAL SPECIFICATION FOR
FOODS (ICMSF)
Legislation governing food industry in India
Different voluntary legislations are made for the purpose to guarantee stated quality and sales
promotion. Number of control orders have been formulated under the provisions of Essential
Commodities Act, which operate on the main objectives of regulating the manufacture, commerce
and distribution of essential commodities. There are various commodity boards such as Spices
board, Tea board, Coffee board, National Horticulture Board operating in India which undertake
research and development work for respective fields.
PREVENTION OF FOOD ADULTERATION (PFA) ACT, 1954
The Act was promulgated by Parliament in 1954 to make provision for the prevention of
adulteration of food. Broadly, the PFA Act covers food standards, general procedures for sampling,
analysis of food, powers of authorized officers, nature of penalties and other parameters related
to food.
• Makes provision for prevention of adulteration of food.
• Adulterated, misbranded, not in accordance with the conditions of license shall be
prohibited for selling.
• No such food shall be imported. Standards for commodities have been specified in the
rules. Proprietary foods shall specify the ingredients in the product in the descending order
of their composition of the label.
It deals with parameters relating to food additives, preservative, coloring matters, packing &
labelling of foods, prohibition & regulations of sales etc. The provisions of PFA Act and Rules
are implemented by State Government and local bodies as provided in the rules.
The salient features of the PFA Act includes objective, definition of food, meaning of adulterant,
concept of adulteration, misbranded items, sale of certain admixtures, relevant committees,
analysts, procedure for sampling & analysis,penalties and important miscellaneous provisions.
For the benefit of a learner like you, the small description of the major features of the Act are
given below ina simplified way so that it is easier for you to understand.
Objective
The main objectives of the act are:
1) to make provision for the prevention of adulteration of food;
2) to protect the public from poisonous and harmful foods;
3) to prevent the sale of substandard foods; and
4) to protect the interests of the consumers by eliminating fraudulent practices.
Definitions
Clear definitions are given for terms such as food, adulterant, misbranded items,manufacture, sale,
package etc. to describe the matters clear and simple. However,only some definitions which are
more relevant are given below for yourunderstanding of the Act clearly.
Definition of Food
a) Any article which ordinarily enters into or is used in the composition or
preparation of human food;
b) Any flavouring matter or condiments; and
c) Any other article which the Central Government may having regard to its use,
nature, substance or quality, declare, by notification in the official gazetteas food for
the purpose of this Act.
Meaning of Adulterant
Adulterant is defined as “any material which is or could be employed for the purposes of
adulteration”.
Concept of Adulteration
An article of food considered to be adulterated:
a) if the article sold by a vendor is not of the nature, substance or quality demanded
by the purchaser and is to his prejudice, or is not of the nature,substance or
quality which it purports or is represented to be;
b) if the article contains any other substance which affects, or if the article isso
processed as to affect, injuriously the nature, substance or quality thereof;
c) if any inferior or cheaper substance has been substituted wholly or in partfor the
article so as to affect injuriously the nature, substance or quality thereof;
d.) if any constituent of the article has been wholly or in part abstracted so as to affect
injuriously the nature, substance or quality thereof ;
e.) if the article had been prepared, packed or kept under unsanitary conditionswhereby it has
become contaminated or injurious to health.
f.) if the article contains any poisonous or other ingredient which renders it injurious to
health;
g.) if the container of the article is composed, whether wholly or in part, of anypoisonous
or deleterious substance which renders its contents injurious tohealth;
h.) if any colouring matter other than that prescribed in respect thereof is present in the
article, or if the amounts of the prescribed colouring matter which ispresent in the
article are not within the prescribed limits of variability;
i.) if the article contains any prohibited preservative or permitted preservative in excess
of the prescribed limits;
j.) if the quality or purity of the article falls below the prescribed standard or its
constituents are present in quantities not within the prescribed limits ofvariability,
but which renders it injurious to health; and
k.) Provided that, where the quality or purity of the article, being primary food, hasfallen below
the prescribed standards or its constituents are present in quantitiesnot within the prescribed
limits of variability in either case, solely due to naturalcauses and beyond the control of
human agency, then, such article shall not bedeemed to be adulterated within the meaning
of this sub-clause.
If the quality or purity of the article falls below the prescribed standard orits constituents are
present in quantities not within the prescribed limits ofvariability but which does not render it
injurious to health:
It is mandatory for all manufacturers of fruit and vegetable products including some non fruit
products like non fruit vinegar, syrup and sweetened aerated water to obtain a license under this
Order.
REGULATIONS-
• Regulates manufacture and distribution of all fruit & vegetable products. Exempted from
the provisions of the order to products prepared by Drug control act and Educational
Institutions for training purposes. Quantity shall not exceed 10kg. License shall be issued
after the satisfaction of quality of product, sanitation, personnel, hygiene, machinery,
equipment and work area requirements as per the schedule specified.
Categories
• MFPO, 1973 initially categorises the meat food manufacturers into the following three
broad heads on the basis of source of raw meat:
o Category A : Includes those manufacturers or licencees of meat food products who
possess their own slaughterhouse.
o Category B : Includes those manufacturers of meat food products who purchase
meat from approved slaughterhouse.
o Category C : Includes those manufacturers of meat food products, who purchase
raw meat from any other source.
• The licence fee for each category differs and is collected every year at the time of renewal
of licence.
Schedules
Regulations-
Regulates the manufacture, quality and sale of sugar
EXPORT (QUALITY CONTROL & INSPECTION) ACT, 1963
MODE OF OPERATION-
a) Ministry of Commerce
b.) Export inspection council, 5 regional export inspection agencies network of 50 offices
REGULATION-
• Regulates compulsory pre-shipment inspection
• Exportable commodities list has been notified for pre-shipment inspection
• Quality control of various export product is monitored
SPECIAL FEATURES-
• AGMARK has been recognized as an agent for inspection and quality control of certain items
STANDARDS ON WEIGHTS AND MEASURES ACT, 1976
MODE OF OPERATION-
a) Ministry of Food & Civil Supplies
b) Directorate of weights and measures
REGULATION-
• Prescribed conditions for packed products with respect to quantity declaration, manufacturing
date and sale price
SPECIAL FEATURES-
• Provides relief to the weaker sections of the society and protecting the consumer in general by
guaranteeing the quantity for the amount paid
THE CONSUMER PROTECTION ACT, 1986 [Ministry of Food & Civil Supplies]
REGULATION-
• Provision made for the establishment of consumer councils and other authorities for the
settlement of consumer disputes.
SPECIAL FEATURES-
• Protection of the interest of consumer
AGMARK is a certification mark for agricultural produce, assuring that they conform to a
grade standard notified by Directorate of Marketing & Inspection (DMI), Department of
Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture & Farmers Welfare
under Agricultural Produce (Grading Marking) Act, 1937.These standards differentiate
between quality and 2-3 grades are prescribed for each commodity. Till date, grade standards
for 222 agricultural commodities have been notified. These include fruits, Vegetables, cereals,
pulses, oilseeds, vegetable oils, ghee, spices, honey, creamery butter, wheat, atta, besan, etc.
While framing the standards, the existing standards in The Food Safety and Standards Act,
2006, Codex Alimentarius Commission, International Organization for Standardization, etc.
are considered. Trade Associations, Research Institutions, etc. are also consulted.
While the certification scheme is essentially voluntary, Food Safety and Standards (Prohibition
and Restriction Sale) Regulations 2011 have prescribed mandatory certification under
AGMARK for certain products viz. Blended Edible Vegetable Oil, Fat Spread. In case of Til
Oil, Carbia Callosa, Honey dew, Tea and Ghee FSSAI has prescribed few conditional
restrictions.
USFDA
EU
CODEX Alimentarius
WTO
BIS
2. BUREAU OF INDIAN STANDARDS (BIS) [Indian Standards Institution]
REGULATION-
• Prescribing of grade standards, formulation of standards, specification of foods,
standards for limit of toxic compounds as applicable.
• Implementation of regulation by promotion through its voluntary and third party
certification system, specifying of packaging and labelling requirements.
SPECIAL FEATURES-
• General cover on hygienic conditions of manufacture, raw material quality & safety
are given. Quality and safety oriented standards
2.1 CERTIFICATION MARKS SCHEME, BIS ACT, 1986 (rules and regulations) [BIS]
REGULATIONS-
• Regulates the certifications scheme for various processed food products, ingredients
and packaging containers.
SPECIAL FEATURES-
Ensure the quality to the consumer by certification.
BIS
BIS certification scheme is voluntary and aims at providing quality, safety and dependability
to the ultimate consumer. Presence of certification mark known as Standard Mark on a product
is an assurance of conformity to specifications The activities of Bureau of Indian Standards
(BIS) are formation of Indian Standards in the processed food sector and the implementation
of standards through promotion, voluntary and third party certification systems.
Under BIS many of the standards are laid down based upon ISO (International
Organization for Standardization) standards which is a worldwide federation of National
Standard Bodies.
Establishment, Publication and Promotion of Indian Standards: For the purpose of
formulation of Indian Standards in respect of articles or processes, technical committees of
experts are constituted. Such committees may include Division Councils, Sectional
Committees, Sub-committees and Panels and each of these councils have specified functions .
Procedure for Establishment of Indian Standards: Any Ministry of Central or State
Government, consumer organizations, industrial units, industry-associations, professional
bodies, can submit proposals to the Bureau for establishing a standard or for revising,
amending, a standard by making a request in writing. Division Council concerned will assign
the task of formulating the standard to an appropriate Technical Committee. Later a draft
standard prepared and duly approved by a Committee shall be issued and widely circulated for
a period of not less than one month amongst the various interests concerned for critical review
and suggestions for improvement. The appropriate Technical Committee shall thereafter
finalize the draft standard giving due consideration to the comments that may be received. The
draft standard shall be submitted to the Chairman of the Division Council concerned for
adoption. All established standards shall be reviewed periodically, at least once in five years,
to determine the need for revision or withdrawal. Standards which there is need to revise or
amendment shall be reaffirmed.
Grant of License: Manufacturing units can apply for BIS license on a prescribed form along
with application fee and other documents such as location map of factory list of manufacturing
and testing equipments, flow charts of the process, details of the technical staff etc. BIS office
will do a preliminary inspection verify all documents and process. The product samples are
drawn and sent for analysis at BIS certified lab. After satisfactory inspection and sample report
of the product, license is granted 1 to 2 years which can renewed periodically.
Inspection: The certified units are inspected by inspecting officers. The may be done at
manufacturing place, dispatch place or at the place where it is used. At manufacturing place,
the inspection will also be for the QA systems, verification and validation. The Bureau shall
designate such of the officers of the Bureau as Inspecting Officers.
STOP Marking: If there is evidence that the product is not as per the conforming standards
and agreed clauses, the licensee will be directed to stop marking. The reasons can be Non-
conformance of products at manufacturing place or at market place, Non implementation of
Scheme of Testing of the products, Non availability of testing staff , Significant modification
of plant and machinery without informing BIS, Relocation of plant and machinery, Prolonged
closure of the unit, Marking non conformed product, Marking standard mark other than that
are included in the license. The licensee can resume only after re inspection and satisfactory
compliance.
Consumer Protection Act, 1986
Consumer: The term consumer refer to: any person who-
(i) (a) buys any goods for a consideration which has been paid or promised or partly paid and
partly promised, or under any system of deferred payment, and
(b) includes any user of such goods other than the person who buys such goods for
consideration paid or promised or partly paid or partly promised, or under any system of
deferred payment,
(c) when the said use is made with the approval of such person (original buyer),
(d) but does not include a person who obtains such goods for resale or for any commercial
purpose;
(ii) (a) hires or avails of any service for a consideration which has been paid or promised or
partly paid and partly promised, or under any system of deferred payment, and
(b) includes any beneficiary of such service other than the person who hires or avails of the
services for consideration paid or promised, or partly paid and partly promised, or under any
system of deferred payment,
(c) when such services are availed of with the approval of the first mentioned person,
(d) but does not include a person who avails of such service for any commercial purpose
Complaint: The term complaint means or refers to:
(i) any allegation in writing,
(ii) made by a complainant or
(iii) for obtaining any relief as provided by or under this Act
Defect: The term Defect refers to any (i) fault, (ii) imperfection or (iii) shortcoming in the (a)
quality, (b) quantity, (c) potency, (d) purity or (e) standard which is required to be maintained
by or under any law for the time being in force or under any contract, express or implied or (iv)
as is claimed by the trader in any manner whatsoever in relation to any goods or product and
the expression "defective" will be construed accordingly.
Consumer Dispute: The term ‘Consumer Dispute’ refers to a dispute where the person against
whom a complaint has been made, either denies or disputes the allegations contained in the
complaint.
The nature of complaints to be made may include.
(i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by
any trader or service provider;
(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;
(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from any
deficiency (The terms “in any respect” was deleted under the Act, 2019).
(iv) trader or a service provider, as the case may be, has charged for the goods or for the services
mentioned in the complaint, a price in excess of the price-
(a) fixed by or under any law for the time being in force; or
(b) displayed on the goods or any package containing such goods; or
(c) displayed on the price list exhibited by him by or under any law for the time being in force;
or
(d) agreed between the parties;
(v) The goods, which are hazardous to life and safety when used, are being offered for sale to
the public-
(a) in contravention of standards relating to safety of such goods as required to be complied
with, by or under any law for the time being in force;
(b) where the trader knows that the goods so offered are unsafe to the public;
(vi) the services which are hazardous or likely to be hazardous to life and safety of the public
when used, are being offered by a person who provides any service and who knows it to be
injurious to life and safety.
(vii) a claim for product liability action lies against the product manufacturer, product seller or
product service provider, as the case may be.
Consumer Rights: These Consumer Rights include:
(i) the right to be protected against the marketing of goods, products or services which are
hazardous to life and property;
(ii) the right to be informed about the quality, quantity, potency, purity, standard and price of
goods, products or services, as to protect the consumer against unfair trade practices;
(iii) the right to be assured, wherever possible, access to a variety of goods, products or services
at competitive prices;
(iv) the right to be heard and to be assured that consumer's interests will receive due
consideration at appropriate fora;
(v) the right to seek redressal against unfair trade practice or restrictive trade practices or
unscrupulous exploitation of consumers; and
(vi) the right to consumer awareness.
AGMARK, PFA, FPO, BIS, MMPO, FPO, FSSA 2006,
FSSA, 2006
An Act to consolidate the laws relating to food and to establish the Food Safety and Standards
Authority of India for laying down science based standards for articles of food and to regulate
their manufacture, storage, distribution, sale and import, to ensure availability of safe and
wholesome food for human consumption and for matters connected therewith or incidental
thereto.
Food Safety and Standards Authority of India (FSSAI), established under the Food
Safety and Standards Act, 2006, is the regulating body related to food safety and laying
down of standards of food in India.
Science based standards for articles of food and to regulate their manufacture, storage,
distribution, sale and import to ensure availability of safe and wholesome food for
human consumption.
www.fssai.gov.in
To ensure that all food meets consumers’ expectations in terms of nature, substance and
quality and is not misleadingly presents;
To provide legal powers and specify offences in relation to public health and
consumers’ interest;
To shift from regulatory regime to self compliance through Food Safety Management
system.
Science based standards
Proprietary food, novel food, GM food, dietary supplements, nutraceuticals etc brought
into the ambit of the new act.
The Act covers activities throughout the food distribution chain, from primary
production through distribution to retail and catering.
The Act gives the Government powers to make regulations on matters of food safety.
The Food Safety & Standards Authority of India is the principal Government Authority
responsible for preparing specific regulations under the Act.
FUNCTIONS OF AUTHORITY
• To regulate, monitor the manufacture, processing, distribution, sale and import
of food to ensure its safety and wholesomeness.
• To specify standards, guidelines for food articles
• Limits for Food additives, contaminants, veterinary drugs, heavy metals,
mycotoxin, irradiation of food, processing aids.
• Mechanisms & guidelines for accreditation of certification bodies engaged in
FSMS certification
• Quality control of imported food.
• Specify food labelling standards including claims on health, nutrition, special
dietary uses & food category systems.
Designated Officer
Food Safety Officer or any official in appointed by the Chief
Panchayat, Municipal Corporation or Designated Officers appointed
any other local body in an area, under Section 36(1) of the Act by Executive Officer of the
notified as such by the State Food the Food Safety Commissioner of a
Safety Commissioner for the purpose State or UT for the purpose of FSSAI
of registration licensing and monitoring.
in his capacity of Food
Safety Commissioner
a. manufactures or sells any article of food himself or a petty retailer, hawker, itinerant vendor
or temporary stall holder; or
b. such food business including small scale or cottage or tiny food businesses with an annual
turnover not exceeding Rs 12 lakhs and or whose-
i. production capacity of food (other than milk and milk products and meat and meat products)
does not exceed 100 kg/ltr per day or
ii. production or procurement or collection of milk is up to 100 litres of milk per day or
iii. slaughtering capacity is 2 large animals or 10 small animals or 50 poultry birds per day or
less than that
Central License required for the Food Business Operator, who –
(i) Dairy units including milk chilling units process more than 50 thousand litres of liquid
milk/day or 2500 MT of milk solid per annum.
(ii) Vegetable oil processing units having installed capacity more than 2 MT per day.
(iii) All slaughter houses equipped to slaughter more than 50 large animals or 150 or more
small animals or 1000 or more poultry birds per day
(iv) Meat processing units equipped to handle or process more than 500 kg of meat per day or
150 MT per annum
(v) All food processing units other than mentioned above having installed capacity more than
2 MT/day.
Central License required for the Food Business Operator, who –
(vi) 100 % Export Oriented Units
(vii) All Importers importing food items for commercial use.
(viii) All Food Business Operators manufacturing any article of Food which does not fall under
any of the food categories prescribed under these regulations or deviates in any way from the
prescribed specification for additives therein.
(ix) Retail chains operating in three or more states.
(x) Food catering services in establishments and units under Central government Agencies like
Railways, Air and airport, Seaport, Defence etc.
Scientific advice and technical support to central / state governments
Standard of Identity, Standard of Fill, Standard of Quality
Standard of Identity
The FDA began establishing Standards of Identity (SOI) in 1939, and since then, the agency
has established more than 250 SOIs. Products like milk, milk chocolate, various breads, peanut
butter, and ketchup have a SOI. SOIs often describe in detail what a food must contain and
what is optional and sometimes describe the amount or proportion of ingredients or
components. Many SOIs also prescribe a method of production or formulation.
The FDA is updating its SOI program with the goal of maintaining the basic nature and
essential characteristics of standardized foods while permitting flexibility with respect to their
composition.
Background
SOIs were first established in 1939 to help address economic adulteration that was occurring
in the marketplace. For example, there were products that were represented as jams containing
fruit, but the products contained little fruit (e.g., the SOI for fruit preserves and jams requires
that products represented as jam contain a minimum amount of fruit).
SOIs were developed to help protect consumers and promote honesty and fair dealing. SOIs
have been established to ensure that the characteristics, ingredients and production processes
of specific foods are consistent with what consumers expect. Today, economic adulteration is
no longer such a prominent issue for most foods, and changes in food labeling requirements
give consumers more information about the foods they buy (e.g., nutrition information,
ingredient lists, and food allergens). However, the establishment of food standards may still
benefit consumers in some cases by ensuring honesty and fair dealing.
Key Responsibilities
1. Regulation of Drugs and Biologics:
- Approves new drugs and biologics based on clinical trial data.
- Monitors post-market safety and effectiveness of drugs and vaccines.
- Issues drug recalls and safety alerts.
2. Medical Devices:
- Evaluates and approves new medical devices before they enter the market.
- Conducts post-market surveillance and issues recalls if necessary.
3. Food Safety:
- Sets standards for food safety and nutrition labelling.
- Conducts inspections and enforces regulations to prevent foodborne illnesses.
- Regulates food additives and dietary supplements.
4. Tobacco Products:
- Regulates the manufacturing, marketing, and distribution of tobacco products.
- Implements policies to reduce tobacco use and its associated health risks.
5. Cosmetics:
- Ensures that cosmetics are safe and properly labelled.
- Conducts research and takes action against harmful products.
6. Radiation-Emitting Products:
- Regulates devices like X-ray machines, microwave ovens, and other products emitting
electronic radiation.
- Ensures that these products meet safety standards to protect public health.
Organizational Structure
- Commissioner: Appointed by the President and confirmed by the Senate.
- Centers and Offices:
- Center for Drug Evaluation and Research (CDER)
- Center for Biologics Evaluation and Research (CBER)
- Center for Devices and Radiological Health (CDRH)
- Center for Food Safety and Applied Nutrition (CFSAN)
- Center for Tobacco Products (CTP)
- National Center for Toxicological Research (NCTR)
- Office of Regulatory Affairs (ORA)
Regulatory Framework
- Legislative Acts:
- Federal Food, Drug, and Cosmetic Act (FD&C Act)**: Foundation of FDA's authority to
regulate food, drugs, and cosmetics.
- Public Health Service Act: Provides authority to regulate biological products and control
communicable diseases.
- Tobacco Control Act: Grants FDA authority over tobacco products.
Global Role
- Collaborates with international regulatory authorities.
- Works to harmonize regulatory standards globally.
- Engages in global health initiatives and emergency responses.
Challenges and Criticisms
- Balancing swift approval of new therapies with thorough safety evaluations.
- Managing resource constraints and increasing regulatory demands.
- Addressing public trust and transparency in decision-making processes.
Impact and Contributions
- Enhanced public health through rigorous scientific review and regulation.
- Pioneered advancements in drug safety and efficacy standards.
- Played a crucial role in managing public health emergencies and outbreaks.
By overseeing a broad spectrum of products and maintaining rigorous standards, the USFDA
continues to be a cornerstone of public health protection in the United States and an influential
entity in global health regulation.