Food Law and Regulations
Midterm Exam
Monday, February 7, 2011
Value: 50 points
Student:________________________
Multiple Choice. Circle the letter of the best answer. (1 point each)
1. Each of the following is an example of adulteration except:
a. A deleterious substance is added to a product for economic gain
b. A valuable component is removed from the product
c. A pathogen is accidentally added to the product
d. Product is irradiated but the Radura is not on the label
2. Each of the following was a weakness of the Pure Food Act of 1906 except that it:
a. Failed to address pesticides
b. Lacked legal standards for food
c. Allowed interstate sale of misbranded foods
d. Lacked delegation of authority for inspection of warehouses
3. The Healthy, Hunger Free Kids Act was signed into law in December 2010.
More recently the proposed rules were released for comment. In which of the
following documents are the proposed rules posted?
a. The Code of Federal Regulations
b. The Food Code
c. The Federal Register
d. The Congressional Record
4. Pulling FSIS inspectors from a meat processing plant in effect shuts the plant
down because:
a. The meat inspection act mandates continuous inspections
b. The inspectors operate the equipment
c. Withdrawal violates the union contract
d. The USDA inspection stamp would not be able to be applied
5. Two agencies within the Department of Commerce that have some regulatory
oversight of the food industry are:
a. EPA and CDC
b. FTC and CDC
c. AMR and FTC
d. EPA and FTC
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6. Each of the following is an example of a special interest group except:
a. ADA
b. CSPI
c. PETA
d. STOP
7. The city of San Francisco recently banned McDonalds from including toys in its
Happy Meals. This mandate is coming from which level of government?
a. Federal
b. State
c. Third Party
d. Local
8. In a word, The Pure Food Act of 1906 addressed the issue of:
a. Nutrition
b. Fraud
c. Consumer Education
d. Safety
9. Taco Bell was recently sued with a claim of false advertising regarding its
“seasoned ground beef”. The claim argued that the taco blend is actually a
“filler”. Which of the following components of USDA regulation (9CFR) will be
used to determine whether or not the filler is what Taco Bell claims it to be? Its
Standards of?
a. Quality
b. Safety
c. Fill
d. Identity
10. The entity within the FDA that maintains the GRAS list is:
a. Center for Food Safety and Nutrition
b. Center for Disease Control
c. Agriculture Marketing Service
d. Food Safety and Inspection Service
11. Industry will often change its practices in anticipation of legislative mandates. A
very recent example of this is:
a. Single sitting portions sizes on 12-oz beverage containers
b. Front-of-Pact Nutrition Labeling
c. Removal of Sponge Bob Square-pants from all candy packages
d. Reduction of portions and prices in chain restaurants
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12. The Department within the State of Wisconsin that oversees food, meat and dairy
processing plants is:
a. Commerce
b. Health and Human Services
c. Interior
d. Agriculture, Trade and Consumer Protection
True or False. Circle a T or F as appropriate. (1 point each)
1. T
F
The Pure Food Act of 1906 is still in effect today
2. T
F
The FSIS is an agency within The Department of Health and Human
Services
3. T
F
The US Dietary Guidelines can be adopted and enforced as regulation in
situations where organizations receive government reimbursements for
meals served to children
4. T
F
The Food Code is the federal government’s guideline on food safety
practices for the retail industry
5. T
F
Pesticide use is regulated by the EPA
6. T
F
Current regulation requires that food labels indicate whether additives are
synthetic or natural
7. T
F
Preservatives are an example of direct additives
8. T
F
Irradiation is regulated as a processing aid
Short Answer
1. Define each of the following: A Trade Organization and A Professional
Organization. Provide a specific example of each. (4 points)
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2. We talked about the winds of change leading up to the enactment of The Pure
Food Act. The winds tend to fall into one of three categories: political,
economic, or social. Identify a current wind of change from each category that
you think could very well lead to new food legislation within the next 10 to 20
years. Explain your choices. (6 points)
3. Codified regulation, over time, needs to be reinterpreted. Often times, it is
because the language of the regulation is not clearly understood by industry or
consumers. This is currently an issue with the Food Allergen and Consumer
Protection Act of 2006 and the Organic Foods Production Act of 1990; (both
discussed in class). Choose one of these and explain why the language of the act
is up for reinterpretation. (4 points)
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Reflective Learning
Read the article: Food Safety Law Will Likely Strain FDA Science. Science. 21
January 2011. Vol. 331. Pg. 270. Answer the following questions. Be sure to support
each answer with information from the article where appropriate
1. Identify the federal department and agency charged with authority for this bill. (2
points)
2. The article does not mention HACCP. Provide at least two specific statements
that indicate that this legislation will seek to use the principles of HACCP to selfassess and monitor food safety. (4 points)
3. We discussed in class that the winds of change blow years before new legislation
is actually signed into law and that there seems to be an event that “breaks the
camel’s back”. What was the straw the lead to the Food Safety and
Modernization Act being signed into law? (2 points)
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4. When can the food industry expect the proposed rules to be released for this law
and in what federal document will they be issued? (2 points)
5. When are regulations expected to be issued and in what federal document will
they be published? (2 points)
6. Identity/describe economic and technical challenges that the FDA will face in its
ability to enforce this legislation. (4 points)
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