reforms in the intergovernmental regulatory background

Any question about changes in the intergovernmental regulatory background affecting food production necessitates a basic understanding of all past trends in the department of agriculture. For example, consider the progression of food production and marketing, as well as the impact of major public health incidents in the United States since the turn of the century. Furthermore, the shift in legal authority from the states to the federal government has had a huge effect on how foods are handled. The understanding of current regulatory environment laws since the introduction of FDCA (Federal Food, Drug and Cosmetic Act) assists in identifying the basis for existing regulations and statutes in different jurisdictions as well as the need for reform. This essay will explain in how the United States has managed to regulate food choices, responsibilities of American government on farmers and how food production processes affect the environment negatively.

How the U.S FDA regulate food choice

The United States food production sector has been controlled since late eighteenth century. At that time the United States was divided into colonies and after transition to states, laws that were banning impurities from some selected foods were passed along. In 1848, the U.S started regulating drugs that were being imported; this was done under ‘The Drug Importation Act.’ Further, laws governing food and drug production were first assigned to the agricultural department USDA (United States Department of Agriculture) to reinforce them. The necessity for regulating purity of food and drug became increasingly crucial in late 19th century, because substances prone to abuse such as heroin, opium and cocaine were frequently added to tonics and medicinal elixirs. On 1906, 30th June, President Theodore Roosevelt with the support of Congress members passed two benchmarks concerning Progressive Era laws that enforced the ability of the government in protecting consumers. The legislations were: Meat Inspection Act- which addressed the unhygienic conditions, as well as use of harmful dyes and preservatives during meatpacking process. The second law was Food and Drug Act- it hindered interstate commerce in adulterated and misbranded drinks, drugs and food (Duyff, Roberta and Alma, 100).

In 1927, the U.S Congress authorized the establishment of the ‘Food, Drug and Insecticide Administration’ within the agricultural department. The name of the agency was changed in 1930, to the current one that is; ‘Food and Drug Administration.’ In1937, around 107 patients died after consuming a healing tonic known as sulfanilamide. This tragedy led to the creation of another major reform in the laws governing food and drug, cosmetic act and federal food in 1938. The FDA agency was entrusted with all regulations that were governing cosmetics and therapeutics production, as well as authorized to carry out regular industry inspections (Duyff, et al, 150).

The FDA is usually led by the U.S Commissioner of both food and drugs, selected by the Head of State with the consent and advice of the Senate. After commissioning, the commissioner work under the supervision of HHS (Health and Human Services) Secretary. The headquarters of the FDA are situated in White Oak, Maryland. In addition, the agency over 223 field offices as well as 13 laboratories which are located in the 50 states. In 2008, this agency started to post some of its employees to foreign states worldwide.

Some of the factors that have greatly contributed to this growth and development of FDA agency include: urbanization and specialization made households to be more dependent on purchased food in impersonal markets. Although these forces led to an increment in the range of foods available in markets, it also led to increased uncertainty concerning quality. This is because the more urbanized and specialized consumers turn into, the less they identify the quality of food products they purchase from others. Secondly, technological change in manufacturing of food led to an increment of new products as well as product complexity. For instance, in late 19th century people experienced the introduction of various new food products such as glucose, alum-based baking powders, canned food, blended whiskey and chemical preservatives. Unfamiliarity with all these new food products created customers concerns about food adulteration and food safety (Hammaker, Donna, Thomas, and Sarah, 150). Due to the fact that all these new products challenged directly the dominant position that traditional foods enjoyed, the traditional food producers demanded food production regulations to be introduced because they were optimistic that they will disadvantage their new competitors. Thirdly, the introduction of analytic chemistry in food production processes led to production of food in ways that consumers could not understand or even detect the ingredients incorporated in food products. Hence, this led to increased concerns about adulterations. However, analytical chemistry procedures also resulted to improved and reliable ability of professionals to identify these more indirect ways of food adulteration. Lastly, because food adulteration turned out to be more complex to detect, the marketing mechanisms that depended on consumers to detect adulteration turn out to be less effective in handling and solving adulteration of food products. Therefore, there was a developing perception that all food regulations should be done by experts.

Additionally, the reform made it mandatory that all new drugs had to be tested their safety on human and animals before being sold. The FAA (Food Additives Amendment) in 1957, authorized evaluation of all food additives in the market so as to establish their safety. In 1958, the Delaney Clause prohibited the consumption of all the food additives that caused diseases especially cancer in the used laboratory animals. In addition, this agency is within the department of HHS (Health and Human Services). It comprises of four directorates incorporating nine centres, plus offices (Wartella, 100).

The current FDA’s mission is to promote and protect the health of both animals and humans through: ensuring that people consume safe foods including dietary supplements. Secondly, the FDA agency ensures effectiveness and safety of all animals’ drugs and safe food. Thirdly, setting standards that are science-based so as to prevent foodborne illness, as well as ensuring that all food sectors comply with the standards. Another mission is ensuring maximum food and feed protection from international contamination. The last FDA mission is ensuring that all food labels contain information that the consumers can rely on, especially when choosing their healthy diets.

The core activities and responsibilities of the FDA agency include: overseeing almost 80% of all United States food supply. However, it does not oversee majority of poultry and meat products because it is mainly the work of US Agricultural Department. The Second activity is implementing all rules within its remit. The third activity entails conducting inspections of processors or manufacturers of all products that are regulated by the FDA agency. This is done with the aim of ensuring that they are complying with all relevant regulations. Fourthly, the agency ensures that it work diligently with local, state, territorial and tribal counterparts. The FDA achieves this through funding grants, cooperative and contracts for states to carry out checks on its behalf, as well as to build necessary infrastructure. Lastly, the agency has the responsibility of providing training, guidance, program evaluation, technical assistance and scientific advice to local and state regulatory agencies, public health partners and to the companies they regulate. The guidance they provide include: food codes, manufactured food, as well as marketing regulatory program standards. All these promote a uniform analysis of food establishments (Duyff, et al, 180).

In general, the FDA agency regulates: foods such as bottled water, dietary supplements, infants formulas, food additives and other food products except poultry, eggs and meat. The FDA also regulates drugs such as: non-prescription drugs (over-the-counter), and prescription drugs (both generic and brand name). It also regulates biologics which includes: blood products and blood, vaccines, gene and cellular therapy products, allergenics, tissue products and tissue. In addition, some medicals devices are regulated by the agency. They include: dental devices, complex technologies for example heart pacemakers, simple items such as bedpans and tongue depressors, and prosthetics and surgical implants. Electronic products that produce radiations and are controlled by the agency include: x-ray equipment, microwave ovens, sunlamps, ultrasonic therapy equipment, laser products, and mercury vapor lamps. Cosmetics that are regulated by the agency include: perfume and nail polish, skin cleansers and moisturizers, and color additives in makeups and supplementary personal care products. Furthermore, the agency also regulates veterinary products such as: pet foods, livestock feeds and veterinary devices and drugs. Lastly, FDA regulates tobacco products such as; cigarette tobacco, cigarettes, smokeless tobacco, and roll-your-own tobacco (Hammaker, et al, 246).

The FDA regulatory independence depends on three main pillars: public support, strong legal underpinnings and a strong foundation in public health protection and science for its decisions. The pillar of legal underpinnings deals with administering and enforcing comprehensive regulations with the aim of ensuring that: all cosmetics and foods are safe, all medical devices and pharmaceutical products have been tested by the manufacturers and they can testify on their effectiveness and safety. In addition, all merchandises are appropriately labeled. The FDA is a semi-autonomy institution and is supported by statutory provisions which provide the agency with a charter and regulations that delegate power to its commissioner from HHS secretary.

The second pillar, science plus public health basis has a highly dedicated and expert staff which comprises of scientists, investigators, attorneys, officers who enforce consumer safety, support staff, as well as leaders who are join and support the agency main because of its persuasive mission. Although government salaries are not competitive with the salaries offered in private sectors, the agency has taken an extra mile of recruiting and rewarding top-notch personalities so as to retain them. Additionally, the agency ensures that it maximize outside comments concerning its decisions through operating in a transparent manner. This is achieved through holding meetings frequently, holding advisory committees and holding other communications with various groups such as health professionals, academics, industries and consumers (Hammaker, et al, 300).

Last but not least, the American citizens constantly show support to the FDA agency thus making it to be among the most trusted institutions in America. The main aspect that underpins this confidence is that it’s only mission and objective is to evaluate the best method to implement so as to protecting all citizens. This is achieved through evaluating scientific information. Furthermore, the FDA agency makes the right decision even if it means going out of business or if the affected company incur loses. In conclusion, the agency ensures that it does not entertain commingling of economic protection and public protection.

Currently, the FDA has started necessary planning strategies plus it has also taken several initial steps so as to guarantee successful implementation of a rules and regulations governing food production processes. The steps include: inspection of modernization. Secondly, state or FDA staff training, technical staffing and guidance development. Thirdly, the agency is also ensuring the implementation of technical and educational assistance for all food production companies. Fourthly, this agency is ensuring the introduction and implementation of new strategies of importing food safety systems. Lastly, the FDA has introduced a strategy of risk evaluation and analysis in food production companies (Duyff, et al, 300).

Responsibility of American government to its farmers

Billions of dollars usually move through the U.S agrarian sector each year, this range from cow’s milk, biofuel, to king corn, to pork bellies. In each and every step from farming to the marketplace, there is a well-structured framework of local, state and national government policies. The government can influence what farmers’ grow, location of a farm, how farm products are processed and transported, how commodities are sold, as well as the money farmers are supposed to get after selling their products. Enhancing, protecting and enhancing food was introduced in ancient times, maybe before history was documented. In the lack of scientific understanding of impacts of various substances, food production companies used to assume that they were good and safe to use unless they poisoned consumers. Currently, one major role of the government is to guarantee the safety of all food products sold to consumers (Wartella, 100).

The American agricultural department extends beyond the farming business to embrace variety of industries which are farm-related. The leading industries deal with food manufacturing and food service. Americans’ spending on food usually sum up to 13% of all domestic budgets on average. Agricultural productivity and government policy have a strong bond ever since 1799. This bond was established when Congress Members were assembled by President George Washington so as to establish an organization known as National Agriculture Board. To add onto that, President Abraham Lincoln in 1862 signed a Congress Act this led to the establishment of USDA (United States Department of Agriculture). The president initiated establishment of the department after recognizing the potential of U.S farmers. Thus, he was confident that with new methods of farming established after advanced research, farmers will be able to provide abundant and safe food supply. In President Lincoln’s final annual speech to Congress he nicknamed USDA as ‘The People’s Department’ (Hobbs, Jill, Stavroula, Eric, and May, 200).

Before 1920s, the United States agricultural sector was dominated by policies which were directed at supporting and developing farms as well as all inputs concerning the whole agricultural sector. For example: research, human labor and land. Developmental policies included legislations such as; Homestead Act – it allowed 160 acre townships. Secondly, the Land Act which was signed in 1820. And lastly, the Morrill Act which was signed in 1862- it initiated the land funds college system which provided public support in sectors such as agricultural education and research (Wartella, 150).

The alterations caused by the federal farm policies were recognized a long time ago. For instance, in 1932 a Congress member pointed out that the department of agriculture spent hundreds of millions yearly, while trying to stimulate farm production by every method. The money was spent through irrigating waste lands, giving and loaning farmers’ money, and advising them that the market could not accommodate all farm products thus they should reduce production to avoid wastage (Pipkin, Bernard, Trent, Richard, and Paul, 100).

In 1933, majority of farmers lost a lot of money after the Great Depression. This huge loss occurred after President Hoover’s government tried to support farmers directly. He achieved this through giving farmers loans and then buying their produce with the aim of stabilizing the prices. However, this made farmers to produce more, which led to lowered prices. President Hoover was succeeded by Franklin D. Roosevelt and he tried to solve the situation through signing ‘Agricultural Adjustment Act’ which led to the creation of AAA (Agricultural Adjustment Act). This agency began to regulate all agricultural production by artificially reducing supplies and destroying crops. In addition, it offered grants to farmers with the intention of encouraging them to start limiting their crop production willingly. The president and his council believed that the ‘Great Depression’ had been caused by low prices of the produce which was as a result of over production. In other words, the production was much higher than the demand. However, after implementation of AAA for some years, the Supreme Court stated that the AAA agency was unconstitutional. This led to passing of ‘Soil Conservation and Domestic Allotment Act’ in 1938, which basically led to the creation of a similar body for distributing subsidies to farmers (Hobbs, et al, 250).

The USDA remains the core organization that promotes control, as well as enforces all set government rules in the United States food and farm industries. Its main mission and objective is to ensure that all the policies approved by the Congress, in what is identified as ‘the farm bill’, in every five years are implemented. This legislation authorizes the federal spending on rural development initiatives, farm subsidies, trade programs, conservation plans, farm credit regulations, market support, and nutrition and food programs.

In addition, the government’s agencies at state level promote agricultural products which are produced locally, provide inspection services and food safety, environmental protection as well as soil conservation. State policies are set with the aim of regulating production, processing, transportation and selling of commodities. Further, majority of the community colleges and universities which are funded by the state provide agricultural education, extensive services and research important to the growth of the agricultural industry (Duyff, et al, 301).

The municipal and county governments at local level promote reliable agrarian education in all schools, and they achieve this through civic organizations. To add on to that, they have the responsibility of regulating farming size operations which are permitted in their respective areas, also they approve laws which are related to the communities’ markets, food assistance programs and community gardens. At all levels, the government influence agricultural activities through ensuring that all its policies balance the benefits and costs to consumers, farmers, government budgets, the environment and competing interests.

The USDA of United States spends around$25 billion or even more per year on grants for farm businesses. The amount spent each year usually depends on market prices of produced crops plus other factors. Majority of the farm subsidies mainly go to farmers who specialize in crops such as; corn, wheat, rice, cotton and soybeans. Approximately a million landowners and farmers receive federal grants, but the expenses are heavily tilted to the largest producers.

Some of the farm subsidy programs face adverse fluctuations in revenues, production and prices. On the other side some programs subsidize farmers’ insurance coverage, conservation efforts, export sales, production marketing, development and research as well as other activities. Despite the fact that, agricultural department is not riskier than other industries: the government has established a large welfare system for farmers only. In addition, farm subsidies are usually costly to taxpayers, they harm environment and distort the economy. Grants encourage farmers to over produce, and this pushes prices down as well as creates governmental demands for more grants. Availability of subsidies also hinder farmers from cutting costs, innovating, diversifying land use and taking actions needed to thrive in the competitive international economy. Currently, subsidies have risen from ‘hundreds of millions’ to ‘tens of billions of dollars’ (Duyff, et al, 160).

USDA is not the only federal government branch that influences agricultural sector. The FDA (Food and Drug Administration) has authority over how various foods are prepared, handled and stored. This agency was created in reaction to the book called ‘The Jungle’ which was written by Upton Sinclair. The book exposed working conditions and practices in meatpacking plants in Chicago in 20th century.

The EPA (Environmental Protection Agency) enforces laws that relate to water quality and air. The guidelines of biochemical application on all American farms and the quantity of pollutants permitted in local waterways usually falls under the supervision of the EPA. This agency is also in charge of implementing the RFS (Renewable Fuel Standard) which directs how much biofuels, such as biodiesel and corn-based ethanol should be used in the country’s fuel supply. Other governmental agencies provide grants for scientific research, transportation infrastructure and enticements for renewable energy. In addition, federal policies affecting the domestic economy, trade and foreign affairs can also have an important impact on the sector of agriculture (Hammaker, et al, 200)

In conclusion, the main policy of the national government since the Great Depression has remained to be maintaining prices high. It has achieved this through ensuring that farmers do not over produce. In addition, implementation of this policy depicts clearly how the effects of the Great Depression’ still affects us currently.

How food production affect the environment

We can live on without many things; however we cannot live without food. Food production has become an issue of serious environmental concern. The rapidly growing American’s population has led to increased food production in the country which is one of the major causes of degradation on the environment globally. The food system of United States is widely known to have both indirect and direct effects on the surrounding environment. The extent to which each department of food production affects the surrounding depends mainly on the variety of human-driven and natural processes. For instance, increased use of inorganic fertilizers has led to increased productivity in American agricultural sector over the past decade, however it has also affect environment negatively. Some of the negative impacts include: the GHG (Greater Greenhouse Gas) emissions as well as water pollution. In addition, the GHG emissions can also result after burning fossils fuel during food distribution and food manufacturing process. Another example is meat production- this is because the current animal raising methods contribute to air and water pollution directly and they also led to increased emissions of carbon dioxide. Additionally, crop products used as animal feeds and land used for grazing greatly threaten wildlife species and biodiversity (Neff, 50).

Interactions between agriculture, environment and food are of great importance in America for three main reasons which are: they consumes large amounts of resources, they occupies large land areas, and the existence of a strong bond between non-agricultural and agricultural ecosystems. Unlike majority of other agro-ecosystems and ecosystems which reflect human technology, knowledge, labor, intentions and attitude, which are later affected by socio-economic factors, such as regulations, education and markets. Business people, farmers, consumers and policy makers make decisions regularly that affect all the performance and components of agro-ecosystems. In addition, agro-ecosystems are usually dynamic thus they can change rapidly in response to economic, social, biological, physical, and technical factors (Wartella, 250).

Majority of agricultural producers are mainly in business with the aim of producing more fiber, fuel and food for sale. Most of the farmers believe that ecosystem services on their lands that do not cause environmental pollution are very costly, and thus they cannot carry them out without technical resources and financial incentives. The food systems in the United States that causes environmental degradation can be divided into three main categories: environmental pollutants or contaminants, replenishment and depletion of natural resources and community and population disruption (Neff, 100).

Environmental pollutants and contaminants

The food system in United States has experienced substantial increment in product production over the past five decades. Even though more food is being produced currently than ever before, the present system has also led to unpremeditated environmental consequences portrayed in the contamination life cycle. For instance, pollutants released into the environs are transformed and/ or transported in locations where they can affect ecosystem and human health negatively. Furthermore, the effect of contaminated groundwater or surface from excessive applications of nitrogen fertilizer, in both organic and inorganic forms, can affect the community for a short duration, or decades later and this can also happen miles from where the nutrient input occurred. The effect within communities at times can be dissimilar, because some areas might not have the necessary resources to ensure that they access safe drinking water (Miller and Scott, 125).

Other examples of pollutants include; pesticides, pathogens, pharmaceuticals, inhalants and gases (such as nitrogen oxide, ammonia, odors, fine particulate matter and methane) and soil sediment (such as organisms and chemicals). When the pollutant reaches the contamination levels, it causes the degradation of air, soil, habitat, water and negative effects on people’s health. The magnitude to which all these contaminants affect the environment depends on several factors. They include; concentration of the contaminant, frequency of exposure, timing of exposure and extent of bioaccumulation and biodegradation. All these negative food systems effects on ecosystem and human are frequently handled through the enactment of regulations meant to eliminate or reduce the emissions of contaminants or pollutants (Schanbacher, 100).

Despite the fact that, the American food systems has led to undesirable environmental effects it has also led to some environmental benefits. Some of the advantages include; aesthetically pleasing landscapes, biodiversity conservation, carbon sequestration and sustained fiber and food production. All these advantages have been experienced after agricultural practices on U.S’s farms.



Depletion then replenishment of the natural resources

The United States agricultural and food system usually relies on massive quantities of the natural resources, mainly water and arable land. The quality and availability of these resources is not only influenced by human decisions such as contamination with fertilizers or pesticides or excessive soil erosion as a result of improper farming methods, but also by aspects outside human control such as droughts and floods. In some situations the rate of depletion is directly proportional to the regeneration or replenishment rates. For example, the amount of water used during irrigation is matched by ground and surface water recharge by rainfall and snow. However, when depletion rates exceed the recharge rates the resources experience rapid or slow degradation depending on the agricultural practices taking place (Pipkin, et al, 150).

The acknowledgment of the importance of managing water and soil resources on grazing lands, farms, as well as in forests in the United States began after the foundation of the USDA (Department of Agriculture) soil Conservation Service(SCS) in 1935, and in 1994 this department was renamed NRCS (Natural Resources Conservation Service). The technical and financial support offered by the NRCS continues to assist farmers in implementing strategies that conserve natural resources up to date. Some of the strategies include water quality, soil erosion, wildlife habitat, and water conservation. However, weather extremes and climate change, such as drought or intense rainfall, and the urge to yield more foodstuff on the less arable or same land, will need a renewed pledge to further and extensive research into the implementation and development of economically achievable conservation strategies that reduce imbalances in the flows and stocks of natural resources (Bagchi, 200).



Community and population disruption

Community and population dynamics are among ecosystem species that can be negatively affected by pollutants released into the environs at contaminant levels, as well as by shifts in the natural resources availability. The degree of environmental influence at each agricultural and food system stage usually depends on the management decisions, as well as the resulting environment response toward the stressors made by those resolutions (Miller, and Scott, 75). For example, when a pesticide that is broad-spectrum is applied to crops in order to control pests during food production may led to significant adverse effects on pollinating insects which were not targeted in both non-farmed and farmed areas of the environment. The loss of plants pollinators after pesticide exposure affects the community diversity and plant population plus yields of crops that depend on pollinators, mainly nuts and fruits. A current research of pollinators decline on the global scale greatly advocates for evaluation in both implementation and understanding of ‘agri-enviroment schemes’ so as to protect pollinating insects.

Conclusion

From the ancient days of the United States, food production has held an important place in the culture and economy of the country. Farmers play an essential role in all societies because they feed people. The United States farmer has been quite successful at food production strategies; however, this success has created its biggest problem. The sector of agriculture suffered centuries ago because of over- production which resulted to price depression. To avoid recurrence of the great depression, the government assists farmers to recover from losses experienced in some of the worst episodes. However, in current years the government has reduced its assistance and this reflects its aim to reduce its own spending and the reduced political influence in farming sector. Changes in food marketing and manufacture have resulted to increased nationalization of food supply, and they have been accompanied by native economic protection of particular food commodities. Moreover, efforts to protect public’s health, have led to increased complexity of food regulations and laws. The main solution of food production systems and its negative impacts on the environment depends on choosing food produced locally because less fossil energy is consumed during transportation and choosing organic food instead of non-organic food. In addition, organic food supplements are produced without chemicals application thus this reduces soil, air and water pollution. Furthermore, production of organic food usually reduces the ecosystem’s pressure through avoiding implementation of toxic agricultural chemicals and this ensures that farming is done in harmony with the environment. Lastly, organic farmers usually attract wildlife species instead of driving them away and this play an important role in pest management and prevention.

















Reference

Bagchi, Debasis. Nutraceutical and Functional Food Regulations in the United States and Around the World. Burlington: Elsevier Science, 2014. Internet resource.

Duyff, Roberta L, and Alma F. Ada. American Dietetic Association Complete Food and Nutrition Guide, Revised and Updated 3rd Edition. Boston: Houghton Mifflin Harcourt, 2011. Internet resource.

Hammaker, Donna K, Thomas M. Knadig, and Sarah J. Tomlinson. Health Care Ethics and the Law. , 2017. Print.

Hobbs, Jill E, Stavroula Malla, Eric K. Sogah, and May T. Yeung. Regulating Health Foods: Policy Challenges and Consumer Conundrums. Cheltenham: Edward Elgar Publishing, 2014. Internet resource.

Miller, G T, and Scott Spoolman. Living in the Environment. , 2015. Print.

Miller, G T, and Scott Spoolman. Living in the Environment. Pacific Grove, Calif.?: Brooks/Cole Cengage Learning, 2012. Print.

Neff, Roni. Introduction to the Us Food System: Public Health, Environment, and Equity. , 2015. Print.

Schanbacher, William D. The Politics of Food: The Global Conflict between Food Security and Food Sovereignty. Santa Barbara, Calif: Praeger Security International, 2010. Print.

Pipkin, Bernard W, D D. Trent, Richard W. Hazlett, and

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