The food industry can be categorized into five sectors. These sectors include the agricultural production input sector, agricultural production, food processing, retail and food service, and consumers. This paper focuses on food production, processing, and supply to consumers. These aspects are regulated by federal agencies that run the food safety system which includes every person that handles food before reaching the consumer. There are four main agencies, but the most important agencies are the Food and Drug Administration and the Department of Health and Human Services.
Food and Drug Administration (FDA)
Food and Drug Administration (FDA) is a federal agency that regulates the food industry. FDA is under the Department of Health and Human, and it promotes public health by monitoring food and drug production and supply. FDA was created by the Federal Food, Drug, and Cosmetic Act of 1938 which describes its functions. FDA enforces the Public Health Act which controls food and drug production and supply. This agency is directly under the president as it is led by the Commissioner of Food and Drugs who is appointed by the President but with approval from the Senate.
Most of FDA’s offices are located in Washington DC where the Office Regulatory Affairs (ORA) and Office of Criminal Investigations (OCI) is located. While the headquarters are in Washington, ORA and OCI send personnel all over the country. ORA sends investigators to manufacturing plants and facilities to investigate compliance with regulations. When examining a physical sample of food, drug or biological product is difficult, they review documentation and establish any anomalies detected. ORA has offices and laboratories in every district to closely monitor a region’s drug and food supply. OCI, on the other hand, deals with criminals who have violated FDA regulations willingly or unwillingly. It has special agents who are armed, and they investigate producers and suppliers who have presented faulty products to the market. They mostly pursue prohibited acts of the Federal Food, Drug, and Cosmetics Act. Chapter III of the Act asserts, ‘the following acts and the causing thereof are hereby prohibited: (a) The introduction or delivery for introduction into interstate commerce of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded. (b) The adulteration or misbranding of any food, drug, device, tobacco product, or cosmetic in interstate commerce. (c) The receipt in interstate commerce of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise. (d) The introduction or delivery for introduction into interstate commerce of any article in violation of section 404, 415, 505, or 564.’ (FEDERAL FOOD, DRUG AND COSMETIC ACT, 2018). OCI follows the Act to start legal proceedings against those who commit the prohibited acts.
FDA has regulatory programs which manage consumer goods. It regulates about $2.4 trillion worth of consumer goods. This includes food, drugs, cosmetics and vitamin supplements. FDA regulates food nutrition and labeling. FDA requires that all food products to have nutrition bearing that is accurate with the product contents (FDA, 2018).
FDA helps to establish the National Integrated Food Safety System (IFSS) through the Manufactured Food Regulatory Program Standards (MFRPS) which ensures a uniform protocol for inspecting manufactured food. MFRPS helps FDA to develop components such as the regulatory program and training and inspection program (FDA, 2018). FDA helps protect the public by enforcing other Acts like the Public Health Act and the Controlled Substances Act. To enforce such laws, FDA works with other agencies like the Department of Agriculture and Consumer Production Safety Commission.
FDA has the responsibility to work with state and territorial regulation agencies. It provides training and guidance to these agencies when they are creating evaluation programs and protocols. The FDA can grant contracts to these local agencies to conduct evaluations on its behalf.
FDA also works with the United Staes trading artners to ensure the safety of imported products. It has offices in Middle East, China, India and other countries that America trades with. FDA makes sure that food and biological products are safe before being transported to the states (FDA, FDA's International Posts: Improving the Safety of Imported Food and Medical Products, 2010).
The Food Safety and Inspection Service (FSIS)
Food Safety and Inspection Service (FSIS) is another agency that regulates the food industry. This is an agency of the department of agriculture where it regulates the production and supply of animal products such as meat, poultry, and eggs. It evaluates whether the products are healthy. Commercial products that also contain 2% of meat or eggs also under FSIS jurisdiction.
FSIS conducts its inspections in levels where there is the inspection of slaughter establishments. For meat, they inspect the animal before death to determine the health of the animal so that they can avoid the supply of meat from a disease-stricken animal. After slaughter, they inspect the carcasses for diseases not evident before death. After ascertaining the sound condition of the meat, sanitary washing and chilling are applied to prevent the microbial contamination. This meat is also tested for chemical contamination. For eggplants, they inspect sanitation and inspect pasteurization process.
FSIS is responsible for ensuring that everyone who handles food products promotes the safe condition of the food. After inspecting the production process, FSIS inspects transportation and of these products as contamination can occur at any point. FSIS also monitors consumption where it evaluates the safety of the methods that the public attains these items. FSIS also inspects food-related establishments like restaurants.
FSIS is also responsible for ensuring that products have been branded correctly. This function is managed by both FDA and FSIS where FSIS requires producers to get a pre-approval for their label before products reach the market. When a mislabeling occurs, FSIS determines whether a recall is necessary. A recall involves producers. When mislabeling occurs, the FSIS comes up with a committee of experts who determine the severity of the issue. The recall committee decides whether a recall is necessary and when it is issued, the producer involved makes every effort to remove the faulty product from the market. FSIS monitors this process to determine whether the producer has informed all related parties of their faulty product hence to return the supply to the firm. The media is usually involved to notify the public not to obtain the recalled product. The recall is also posted on the FSIS website. An example of this is a recall issued by Chunwei, meat, and poultry processing firm. The meat was misbranded (USDA " FSIS, 2018). A recall is a voluntary process, and no legal action is usually taken against a firm if they cooperated with the recall process.
Department of Health and Human Services (HHS)
Department of Health was formed on the 11th of April 1953 as the Department of Health, Education, and Welfare but it was reformed to the HHS on 4th of May 1980. The head of HHS is appointed by the president but with approval from the Senate. HHS aims to protect the health of the American public as its motto is ‘to enhance and protect the health and well-being of all Americans’ (HHS, 2018). HHS has programs mostly aimed at helping those who can’t provide health services for themselves. These programs include social service programs which cater for people with disabilities and senior citizens; civil rights and health care privacy programs and disaster preparedness services.
HHS helps regulate the food industry through programs such as the wholesale food and cosmetic project. HHS inspects the manufacture, transportation, and storage of food products to be sold on wholesale. This is a joint role between HHS and FDA wherein these inspections, they can determine adulterated products, and they can start a recall. They advise local food manufacturers on the best methods to supply healthy food. HHS helps regulate food safety by inspecting all levels of food production and supply.
HHS also has a retail food project, and this department aims to provide help to local health departments. It works with local departments to enforce laws on food sanitation and safety. In New Jersey, HHS helps by inspecting food services. HHS helps in enforcing laws on sanitation in retail food establishments.
HHS also conducts food education services where a lot of people get sick because of food. Creating public awareness on hygiene and good food handling practices is important as it will help reduce food poisoning cases. HHS trains local inspectors, food manufacturers, and distributors and they involve the media and social media in educating the masses.
US Department of Agriculture (USDA)
The Agriculture Department was established on 15th May 1862. USDA is an agency responsible for enforcing laws on farming, forestry, and food. USDA’s Food and Nutrition Service (FNS) is in charge of nutrition programs. It is responsible for inspecting processed foodstuffs to determine whether it includes the basic nutrition required for food. It also has nutrition education programs where FNS trains food manufacturers and producers. FSIS is under USDA were through the agency, USDA handles food inspection and approval.
The above agencies work together to promote the food safety system. Individual companies take up the role of these agencies, and they develop self-regulation protocols and programs. This is mostly done by large corporations so that they can avoid ignorant defiance of existing regulations. These government agencies work with such corporations to ensure a healthy food production system.
Works Cited
FDA. (2010, March 31). FDA's International Posts: Improving the Safety of Imported Food and Medical Products. Retrieved from U,S Food and Drug Administration: https://test.fda.gov/ForConsumers/ConsumerUpdates/ucm185769.htm
FDA. (2018). Manufactured Food Regulatory Program Standards (MFRPS). Retrieved from U.S Food and Drug Administration: https://www.fda.gov/forfederalsstateandlocalofficials/programsinitiatives/regulatoryprgmstnds/ucm475064.htm
FDA. (2018). What Does FDA Do? Retrieved from U.S Food and Drug Administration: http://ww.fda.gov/aboutfdar/transparency/basis/ucm194877.htm
FEDERAL FOOD, D. A. (2018, October 24). CHAPTER III: PROHIBITED ACTS AND PENALTIES. Retrieved from Federal Food, Drud and Cosmetic Act.
HHS. (2018). About HHS. Retrieved from HHS.gov: https://www.hhs.gov/about/index.html
USDA, " FSIS. (2018, November 23). Chunwei, Inc. Recalls Meat and Poultry Products Due to Misbranding and Undeclared Allergens and Monosodium Glutamate . Retrieved from United States Department of Agriculture; Food Safety and Inspection Service: https://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2018/recall-117-2018-release
