Lecture 4- US food law: safety

Question 1

When is food considered adulterated?

Answer 1

-poisonous, insanitary, etc., ingredients

Question 2

What is US v. 24 Cases, more or less [“Herring Roe”] 1949?

Answer 2

• tough and rubbery roe was tested to see if it was too tough and if the normal person would consume it
• otherwise unfit for food?

Question 3

What is US v. 449 Cases, Containing Tomato Paste 1954?

Answer 3

• unfit does not equal injurious to health
• rotten tomato paste is unfit even if not injurious to health
• the tomato paste cleared for imports, later seized, mold food in paste

Question 4

What is US v. Anderson Seafoods, Inc. 1980?

Answer 4

• FDA seized swordfish that contained mercury
• but in case the substance is not an added substance such food shall not be considered adulterated
• fish was in polluted water
• swordfish was adulterated

Question 5

What is American Public Health Association v. Butz 1974?

Answer 5

• consumer association requested that meat and poultry products come with salmonella warning labels otherwise mislabeled
• ruled, the food is not misbranded unless the presence of salmonella in the meat makes the meat adulterated
• salmonella does not make the meat adulterated

Question 6

What is Supreme Beef Processors v. US Department of Agriculture 2001?

Answer 6

• if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health
• USDA was allowed to adopt regulations including salmonella performance standards
• supreme failed the tests and thought that the USDA overstepped its authority
• court ruled that the test is invalid because the conditions in which it were held that rendered it injurious to health

Question 7

What prompted FSMA’s adoption?

Answer 7

• preventive controls
• inspection and compliance
• imported food safety
• more powers to FDA
• enhanced partnerships