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To understand the legal basis of food regulation in the United States, it is necessary to have an overall understanding of the U.S. legal system and some of the key concepts in American jurisprudence. First, let us look at the basic terminology.

 Law: (1) a binding custom of a community; (2) a rule of conduct or action prescribed or enforced by a controlling authority; (3) the whole body of such rules; (4) the control brought about by the enforcement of such law; (5) the legal process; and (6) the whole body of laws relating to one subject.

As you can quickly see, even defining the term “law” is not a simple proposition. To simplify the terminology, this text follows the predominant American meanings for the term “law” and its synonyms:

 Law implies imposition by a sovereign authority. Law commonly refers to the entire body of law on the subject, but also is a synonym for “statute.”

 Statute means a law enacted by a legislative body.

 Regulation implies prescription by administrative agency to carry out their statutory responsibilities. Federal regulations are first published in the Federal Register, which is published daily and organized by date and page number. Later, the regulations are codified in the Code of Federal Regulations (C.F.R.).¹⁶

 Rule applies to more restricted or more specific laws than statutes. “Rule” often is an abbreviated form of the term “administrative rule,” which is a law promulgated by an administrative agency. Administrative rules are also called regulations. However, administrative rules are only one form of rules. Some administrative orders, resolutions, and formal opinions are also “rules.”

 Guideline suggests something advisory rather than binding.

 Ordinance applies to an order enforced by a local unit of government, such as a city.

The system of U.S. laws can be divided into four parts:

 Constitution

 Statutes

 Regulations

 Common law and case law

These four types of laws are described below in reference to the federal law. However, a similar system of laws occurs within the various states.