Food Laws & Regulations

SCPH 476

Lecture 1: Introduction
 History of Food Laws and Regulations

 Food laws began with Egyptian and Hebrew

cultures. (Kosher foods in Jewish tradition)

 The old testament of the Bible contains

Hebrew food laws. Leviticus 11 & 22,
Deuteronomy 12 & 14

 Examples of Old Testament Food Laws

1. Forbidden to eat blood (Deut. 12; 15 and 22)

2. Forbidden to eat an animal which died of a disease (Levi 11:39).
3. Forbidden to eat or touch pork (Levi 11;7).
 Examples continued
 Forbidden to eat the sciatic nerve (Genesis
32:32).

 Permitted to eat only cloven-hooved, cud-

chewing animals (Levi 11;2).
 More on History
 Theophrastus (370–285 BCE) wrote the botanical
treatise “Enquiry Into Plants”. This work discussed the
use of artificial preservatives and flavors such as balsam
gum that were added to many foods for economic
reasons.

 In the 1600s, London had laws in place against food

adulterations and local guilds enforced their own rules
regarding unfair practices.

 One German treatise written in 1820 taught housewives

how to test their food for adulteration and became a best
seller.
 WHY MUST WE TALK ABOUT FOOD
LAWS/REGULATION
Food Laws and regulations are essential to
encourage the production of safe and wholesome
foods and to prohibit the sale of unsafe and
fraudulent food.

Designed to protect the health of consumers

(human and animals).

They are essential for providing the legal

framework for establishing an effective food control
system and a means by which food safety policies
are enforced.
 WHY CON’TD
 It provides controls along the food
production, processing, storage and
distribution chain.

 Food legislation serves to define what is

expected as the minimum standard for a large
and diverse industry.

To the consumer, it defines what is safe and

wholesome for consumption.
 WHY CON’TD
To the industry, it also specifies the criteria to
be met if a manufactured food is to be
accepted as safe.

It informs producers’ and processors of

requirements regarding production,
processing methods and product standards
and provides the consumer expectations of a
given food.
 Definitions

 Food: "food" means any article manufactured, sold or presented for

use as food or drink for human or other animal or that used for
components of such article or chewing gum (Fortin, 2009).

 Food – includes any article manufactured, processed, packaged, sold or

advertised for use as food or drink for human consumption, chewing gum and
any ingredient which may be mixed with food for any purpose whatsoever and
excludes
(a) live animals, birds or fish;
(b) articles or substances used as drugs (Nigeria)
 Definitions continued
What makes an article food or otherwise ?

• In food law ‘intended use” is always important in

determining whether an article or substance is
classified as food or otherwise. This then determines
how it is regulated.
 Definitions continued
• Structure-function claims e.g. calcium helps build
strong bones.

• Therapeutic claims e.g. honey, vinegar, honey &

water.

• Products intended to be processed into food e.g.

green coffee beans, cocoa beans, dawadawa,
sheanuts.

• Form claims e.g. Shea butter. “Intended use” is

irrelevant in this case.
 Definitions Continued

Law: implies imposition by a sovereign

authority. Law commonly refers to the entire
body of law on the subject, but also as a
synonym for “ statute. ”
 Law “a rule of conduct or action prescribed or
enforced by a controlling authority”.
 Regulation: implies prescription by
administrative agency to carry out their
statutory responsibilities. (FDA, Codex
Commission).
 Definitions continued

Food Additive: The term ''food additive'‘ means any substance

the intended use of which results or may reasonably be expected to result,
directly or indirectly, in its becoming a component or otherwise affecting
the characteristics of any food (including any substance intended for use in
producing, manufacturing, packing, processing, preparing, treating,
packaging, transporting, or holding food).
Food Problems at the Beginning of the 20th
Century
Misbranding of food
 Misleading labels
 No weight marked on labels.

Adulteration of food
• Toxic colors, lead, poisonous preservatives, filth, animal remains etc.
• Food Adulterant
Milk water, salt
Ginseng sawdust
Honey Corn syrup
 Continued
False Advertising
• Using words or
pictures
on labels, media that
is false
e. g fat free,
cholesterol
free etc.
• False claims.
 Why food laws and regulations and their
enforcement?
To protect the health & safety of domestic
consumers.

Global/International food trade.

 Consumer’s demand for governments to accept

responsibility for food safety and consumer
protection.

Consumers are taking interest in the way food is

produced, processed and marketed.
 Who Enforces Food Laws and Regulations
Ghana
 Responsibility for formulating, controlling and enforcing food
laws and regulations in most countries is borne by;
• National authorities (agencies, ministries, departments).
 MOFA, FDA, GSB,USFDA, DA, MOH, MLGRD, MoTI

 Other international organizations such as the FAO, WHO, WTO

are also involved in the formulation of standards, regulations,
and guidelines.
 Food Law Stakeholders
At the preliminary stage of the development
of food law, the participation of all or some of
the following stakeholders remains key;
• Ministry of Health
• Ministry of Agriculture
• Ministry of Industry
• Ministry of Trade and Development
• Ministry of Local Government
• Ministry of the Environment
• National Standards Body (GSB)
• Universities and research institutions
 Stakeholders continued
 Other stakeholders include;
• Food manufacturers

• Food importers/exporters

• Food producers

• Food retailers

• Catering companies

• Street food vendors

• Consumers

• Training organizations

• Media
 Food Standards and Regulation concepts

Food Safety: Food safety

refers to all hazards
(chronic or acute) that
may make food injurious
to the health of the
consumer. It is necessary
to prevent food borne
illnesses (e.g E. Coli,
Listeria, Salmonella and
Campylobacter). It is non
negotiable.
 Food Quality
 Includes all those
distinctive traits, • Includes negative
characteristics such as
characteristics,
contamination with filth,
capacity or virtue of spoilage, discoloration,
excellence that odor.
makes it acceptable
• Also positive attributes
to the consumer. such as origin, method of
processing, color, flavor,
texture.
 Food Safety & Quality!! So What?

 Implication for public policy.

Influences decisions on nature and

content of national food control
system that meets set objectives.
 Consumer Protection
 A concept that is designed to ensure fair competition and
the free flow of truthful information in the marketplace.
 Government - enacting & enforcement of laws.
 Non government – consumer activism.
Consumer protection laws: laws designed to prevent
businesses that engage in fraud or specified unfair
practices from gaining an advantage over competitors and
provide additional protection for the weak and those
unable to take care of themselves.
 Food laws and Regulations (in the case of food trade).
Objectives of Consumer Protection
To create awareness of food safety and quality
choices
To protect the consumer from diseases.

 To provide an avenue for grievances or redress.

 To improve quality of food products and services.

 Food Control (Regulations)
It encompasses all mandatory regulatory activity
of enforcement by authorities to provide
consumer protection ensuring that all foods are
safe, wholesome and fit for consumption;
conform to safety and quality standards and are
accurately labeled as required by law.
The utmost responsibility of food control systems
is to enforce the food law (s) for consumer
protection.
 Sources of Potential Food Hazards
Microbiological hazards Chemical contaminants
Pesticide residues including biotoxins
Misuse of food Genetically Modified
additives Organisms
adulteration Allergens
Veterinary drug
residues
Growth promoting
hormones
 Consumer Protection
Consumers expect protection from hazards
occurring along the entire food chain (farm-to-
table continuum).
Protection can only occur if all sectors in the
food chain operate in an integrated manner
(synergy) with food control systems tackling all
stages of the chain.
Cooperation and active participation by all
stakeholders ( farmers, industry, consumers) is
essential to achieve this objective.
 References
• Neal D. Fortin (2009)FOOD REGULATIONLAW, SCIENCE, POLICY, AND PRACTICE.
FOOD LAW AND ITS GENERAL
COMPONENTS
 Structure of Food Law
Basically food law consists of two (2) broad
parts
 (1) a basic food act, and
 (2) regulations.

Food standards, list of food additives, hygienic

provisions, production, processing etc may be
included in the basic food control law.
 Structure of Food Law con’td
Detailed provisions are needed for effective
administration and enlightened compliance
with the basic food law.

Basic law enacted by legislative while detailed

regulations are elaborated and promulgated
by implementing agency of agencies.
 Structure of Food Law con’td
prompt revisions of regulations may become
necessary due to;
 New scientific knowledge
 Emergencies requiring action to protect public
health.
 Change in food processing technology.
 Regulations can easily be changed by an
executive authority than a legislative
authority.
 Components of the Food Law
Food legislation may also be sub divided into
sections such as;
 Scope and definition
 General principles
 Administrative provisions
 Enforcement provisions
 Regulations
 Repeal and saving
 Scope and Definitions
Scope
o It states the purpose, objectives and or scope of the
food law preceding all others.
o It is a provision in the law that has no real legal effect
but operates as a policy statement explaining why
the law was enacted and the purpose it intends to
serve.
o Describes the ambit of the law and tools for its
interpretations.
 Scope Con’td
• Example of Scope:
An Act to provide for the efficient and
comprehensive regulation and control of food, drugs,
medical devices, cosmetics, herbal drugs and poisons
and to repeal the Food (Control of Quality) Act, 1978,
the Pharmaceuticals and Poisons Act, 1978 and to
provide for related matters.

(Tanzania Food, Drugs and Cosmetics Act 2003)

 Definitions
o Legal definitions have a specific purpose of providing
legal clarity for the legislation covered by them.

o Most legal documents therefore contain definitions

that try to remove the uncertainties.
 Definitions Con’td
An example is the meaning of the term “sale”.

o “ sale” includes the offering or giving away of food as a

prize or reward in connection with any entertainment or
advertisement, or for the promotion of any trade or
business, whether on payment of money or not.
(meaning of sale in Mauritius food act 1998).

o Other terms that could be defined include; label,

manufacture, additive, adulterant etc.
 General Principles
o These contain a group of provisions articulating general
principles e.g. all food in the market must be safe for human
consumption or the prohibition of the sale of adulterated
food.
o It may also set out the basic standards and rules to be
observed by persons engaged in the production, processing or
sale of food.
o May contain substantive provisions relating to food control,
production, import, export, transport, distribution and sale.
o These provisions may be very basic or may be more detailed,
in which case the details are more likely to be found in the
subsidiary legislation.
 General Principles Cont’d
These could also be provisions indicating;

 Key offenses-practices considered unacceptable and the law is

designed to prevent.
Example:
(1) Any person who sells or offers for sale any food that –
(a) has in or upon it any poisonous or harmful substances;
(b) is unwholesome or unfit for human consumption;
(c) consists in whole or in part of any filthy, putrid, rotten,
decomposed or diseased substances;
(d) is adulterated;
(e) is injurious to health;
(f) is not of the nature, substance or quality prescribed by standards
commits an offence.
 General Principles Con’td
o Defences- Defences are one way in which the law can distinguish between
those who are responsible and those who are not.
o An example of a defence:
Section 23 – Defence of warranty
(1) Subject to this section, in any proceedings under this Act for an offence consisting
of the sale of any food it shall be a defence –

(a) that the food was purchased by the person charged for that offence as food that
could be lawfully sold and with a written warranty for that effect;

(b) that the has no reason to believe at the time of the commission of the offence that
the food was otherwise; and

(c) that the food was at the time of the commission of the offence in the same state as
when he purchased it.
(Seychelles)
 Administrative Provisions
o Most food laws contain a category of provisions that
set up particular administrative structures to carry
out the activities necessary to enforce the law e.g.
FDA, USFDA etc.

o The law usually describes its mandate, defines its

membership, outlines some basic rules regarding the
appointment and resignation of members and the
establishment of technical committees, and provides
for a Secretariat, if any.
 Administrative Provisions Cont’d
o These administrative structures may consist of several
individuals from different sectors and ministries who have
responsibilities towards food safety and are tasked with the
responsibility of regulating the national food control and
supply system.

o In establishing an organisational structure for a national food

control system, it is common practice to try and ensure
coordination across all those government departments whose
activities have an impact on the food supply system.
 Enforcement Provisions
o Food laws contain provisions delegating to an executive
authority the power to sanction as well as to take preventive
measures in the public interest.

o Offences are usually defined, along with the nature and limits
of the penalties that may be imposed, together with the
procedures for such imposition once the commission of an
offence has been duly established.

o The law may also define the qualification and powers of an

enforcing officer. It will also define procedure for sampling
and analysis.
 Regulations
o In most legal systems, the food law contains a
provision or provisions listing the many subject
matters that the Minister may address through
regulations in order to carry out the purposes of the
law.

o The main advantage of the regulations is that they

can easily be changed
 Regulations Cont’d
o An example:
Section 18 – Regulations
(1) The Minister may make such regulations as he thinks fit for the purposes of this Act and in
particular but without prejudice to the generality of his power he may make regulations for-
(a) prescribing the standard, composition, strength, potency, quality, weight, quantity, shelf-life
or other property of any food or ingredient or component thereof;
(b) prohibiting the addition of any specified substance to food;
(c) prohibiting the addition of more than the specified quantity of a permissible substance to
food;
(d) the use of any substance as an ingredient of any food so as to prevent the consumer or
purchaser from being deceived or misled as to its quality, quantity, character, value,
composition, effect or safety, or to prevent damage to the health of the consumer or
purchaser;
(e) the carriage of food by motorised vehicles or non-motorised vehicles;
(f) the mode of labelling of packaged foods;

(Mauritius Food Act, 1998 )

 Repeal and Saving
o This occurs when a new food law makes significant changes to
the food control system, and existing laws or regulations may
have to be amended or repealed.

o However, in order not to dismantle the food control system

entirely, many laws contain a provision stating that any
regulations made under any provision repealed under the
new law remain effective, just as if they had been issued
under the new food law itself.
 References
• FAO/WHO Model Food Law. FAO and WHO
• Food safety and nutrition food law
guidelines.www.fao.org.
 READING TASK
Submitted Next Session

Using the Public Health Act (2012), identify

various sections of the law that deals with the
various components of Food Law discussed in
class today?