What is Food Law?
Food law is the collection of laws and regulations that govern food production, distribution and consumption. Food laws aim to protect consumers and provide for the efficient growth and use of food in the United States. Food attorneys focus their careers on helping clients comply with food laws and regulations. In addition, they work on behalf of government agencies making or enforcing food laws and policies.
Food laws cover a variety of topics
Most people know that food laws govern pesticide use, tariffs on agricultural imports and restaurant cleanliness. Food law also covers other topics that some consumers may not have considered. For example, the Food and Drug Administration regulates the production of bottled water. Food laws regulate what supplement producers can claim about the effectiveness of their products. The U.S. food stamp program is part of food law and run under the U.S. Department of Agriculture. Food laws can even cover constitutional law topics like whether the federal government can lawfully regulate local farm production.
Where do food laws come from?
There are federal, state and local food laws. The federal government passes laws like the Food and Drug Administration Revitalization Act. Through the Food and Drug Administration (FDA), the federal government creates additional regulations and takes steps to enforce federal food law. There are also extensive state laws that typically govern topics like packaging, distribution, adulteration and fraud in the food industry.
Food attorneys help their clients comply with food law
How a food lawyer helps their client comply with food laws starts with understanding the client’s business operates. A meat processor and distributor has a different set of laws and regulations to follow than a restaurant. Likewise, a farmer has a different set of laws to follow than a store owner who needs to comply with food assistance laws. Meeting the client’s need requires understanding what laws apply to the client’s industry and activities.
The Food and Drug Administration
The U.S. Food and Drug Administration is the federal agency with the authority to regulate food safety. The United States Federal Food, Drug, and Cosmetic Act created the FDA in 1938. Congress passed the U.S. Federal Food, Drug and Cosmetic Act in reaction to the death of 100 people from a medicine. The Act defines food, dietary supplements and food additives and then creates laws that govern activities related to food. It creates both civil and criminal penalties for violations of federal food laws. In addition, the Act creates a naming system for food color additives. The FDA also regulates cosmetics and drugs. Their office provides information about how to start a food-related business.
The FDA sees their organization as a protector of food safety in the United States. In addition to protecting the public from natural diseases that can occur in food production and distribution, the FDA must also take measures to protect the public from bio terrorism and other intentional attacks on the food supply. The Administration also works to facilitate the development of new technology that makes food production safer and more affordable for the public