Food safety

Who regulates food in the United States

Key points

  • FDA, USDA and EPA divide food-related responsibilities by subject and legal authority.
  • USDA inspection, plant-health oversight and organic standards are distinct programs.
  • Pesticide registration and food-residue limits are parts of EPA’s remit.
  • Codex provides international reference standards rather than enforcing national food law.
Hands holding a scoop of dark soil.

Food regulation in the United States is divided by subject and by legal authority. An agency that examines an ingredient may have a different job from an agency that inspects a slaughter establishment or reviews a crop's pesticidal trait. The FDA's explanation of the shared biotechnology system identifies FDA, USDA and EPA as cooperating agencies with distinct responsibilities. Understanding those responsibilities makes a regulatory statement easier to read: the relevant question is what the agency examined, under which authority, and for which use.

Federal agencies have distinct food-related rolesFDA oversees food and ingredients, USDA oversees inspection and plant health, and EPA oversees pesticides and pesticidal traits.FDAFood · ingredientsUSDAInspection · plant healthEPAPesticides · pesticidal traits

FDA: most foods and the ingredients in them

The FDA describes its food remit as most human and animal food, including food made from genetically engineered plants. Its standards cover those who produce, process, store, ship and sell food, regardless of how the food was created. The agency also describes a voluntary plant-biotechnology consultation in which a developer presents information, FDA evaluates it, and questions are resolved before consultation is completed. The FDA biotechnology page distinguishes this product-specific consultation from a general declaration about every food produced with the same technique.

Food is only part of FDA's remit. Wikipedia's FDA article places the agency within the Department of Health and Human Services and describes its oversight of food, animal feed and veterinary products alongside other regulated categories. It identifies the Federal Food, Drug, and Cosmetic Act as the agency's principal enforcement statute. This reference concentrates on the food and farming portions of that wider responsibility, rather than treating every FDA program as a food policy program.

According to Wikipedia's article on the Federal Food, Drug, and Cosmetic Act, the law was passed in 1938 and replaced the Pure Food and Drug Act of 1906. The article describes authority over food and other product categories, provisions on adulteration and misbranding, and the legal definition of a food additive. Those categories help explain why an ingredient, a label claim and an inspection can fall under different parts of the same statute. The page on food additives and GRAS examines one such distinction.

USDA: inspection, plant health and standards

USDA is a department containing agencies with different tasks. Its Food Safety and Inspection Service, or FSIS, oversees the commercial supply of meat, poultry and processed egg products. Wikipedia's FSIS article describes inspections before and after slaughter, verification of sanitation and processing procedures, residue testing, and import inspection. It also distinguishes processed egg products from shell eggs, which fall under FDA's responsibility. The practical lesson for reading a document is that USDA oversight is not one uniform review process for every agricultural product.

The same FSIS article describes the agency's authority under the Federal Meat Inspection Act, the Poultry Products Inspection Act and the Egg Products Inspection Act. It explains that inspection staff monitor different activities in slaughter, processing and egg-product establishments. Labeling and sanitation are part of that work, alongside the handling of biological and chemical hazards. The FSIS reference also describes cooperation with state governments during checks on the effectiveness of recalls, showing how federal responsibilities can involve state partners.

USDA's Animal and Plant Health Inspection Service, or APHIS, has a different focus. The FDA account of biotechnology regulation describes APHIS as protecting agriculture against pests and disease and explains its regulations concerning engineered plants and effects on other plants. That plant-health role differs from FDA's examination of food made from a plant. EPA can have another role when a plant contains a pesticidal substance. These overlapping subjects are examined further in the engineered-food overview.

The Agricultural Marketing Service also administers standards affecting food labels and production. USDA's National Organic Program page describes a federal program that develops and enforces national standards for organically produced agricultural products and accredits certifying organizations. The FDA's biotechnology explanation separately describes the National Bioengineered Food Disclosure Standard. Organic certification and bioengineered disclosure answer different regulatory questions; the page on the organic standard explains the first in more detail.

EPA: pesticides and environmental pathways

EPA's pesticide role includes both pesticide registration and limits for residues in food. Its summary of the Federal Insecticide, Fungicide, and Rodenticide Act explains that the statute governs pesticide distribution, sale, production and use, with registration required except for specified exceptions. The agency describes a legal test that considers environmental costs and benefits and dietary risk under food law. A registration decision therefore concerns a substance and its specified uses, rather than an unrestricted statement about all exposure.

EPA also has responsibilities beyond pesticides. Its basic explanation of sewage sludge and biosolids describes standards for treated sludge intended for land application, as well as federal, state, Tribal and local requirements. In biotechnology, the FDA explains that EPA regulates plant-incorporated protectants, the pesticidal substances in some engineered crops. These are separate programs within the same agency. The FDA explanation dates the Coordinated Framework describing the agencies' shared biotechnology responsibilities to 1986.

State rules and international reference points

Federal law does not describe every layer of oversight. The Federal Food, Drug, and Cosmetic Act reference notes that some states have adopted equivalent state laws, while the agency accounts describe cooperation across jurisdictions. At an international level, Wikipedia's Codex Alimentarius article describes food standards and guidelines developed through FAO and WHO. Codex itself has no regulatory authority; national adoption and trade agreements give its texts practical significance. The rulemaking explainer follows how an agency develops a federal rule within its legal authority.