Читать книгу Food Regulation - Neal D. Fortin - Страница 84

The U.S. Department of Agriculture (USDA) is responsible for meat, poultry, and processed eggs; however, which agency has jurisdiction over these foods is complex and sometimes uncertain. All foods are subject to the FD&C Act—meats are exempt from the FD&C Act provisions, but only to the extent that the Federal Meat Inspection Act (FMIA) applies.⁴

FDA generally has jurisdiction over live meat animals intended for food, but USDA has authority regarding the illegal transportation of diseased animals in commerce.⁵ USDA has exclusive jurisdiction over the slaughter and processing of meat animals. However, food additives are under the jurisdiction of the FDA; therefore, the USDA and FDA have joint jurisdiction for food additives in meat and poultry.

FDA has the main regulatory authority over the transport of food, but USDA has some jurisdiction over the illegal transport of meat in commerce.⁶ FDA has exclusive jurisdiction over retail establishments (when in federal jurisdiction). Nonetheless, USDA may still regulate USDA‐labeled packages that are found in retail establishments, but USDA lacks authority over the retail establishments directly.

The statutes are the primary demarcations of agency jurisdiction. However, areas remain where the agencies’ authority under the law overlaps. To conserve resources, the agencies further divide their responsibility based on Memoranda of Understandings (MOUs). The MOU agreements allow the agencies to increase efficiency by eliminating overlapping activities.

Under an FDA‐FSIS MOU for multi‐ingredient products that contain meat, the percentage of meat determines whether the product is subject to USDA jurisdiction. For example, a product containing 3 percent or less raw meat falls under FDA jurisdiction. These are agreements between the agencies rather than law. The most current MOUs can be found on the agencies’ websites.