History of Food Regulation
and the FDA
Food Law
FSC-421
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Ancient Food Regulation
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370-285 BC “Enquiry Into Plants” –
Theophrastus
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Treatise on plants as sources of food and medicine
Noted that balsum gum was mixed with
adulterants for economic reasons
234-149 BC “Treatise On Agriculture” –
Cato
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Noted use of boiled down musk, salt, marble dusk
and resin in wines
Method to determine if wine watered down
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Ancient Food Regulation
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23-79 AD “Natural History” Pliny the
Elder
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Adulteration of breads with chalk and peppers
with juniper berries
“so many poisons are used to force wine to
suit our taste – and we are surprised that it is
not wholesome”
“Greatest aid to health is moderation in food”
Urged use of kitchen gardens
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Ancient Food Regulation
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131-201 AD “Galen” Roman physician
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Warned against adulteration of pepper
Stellionatus
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“where anyone has substituted some articles
for another; or has put aside goods which he
was obligated to deliver, or has spoiled them,
he is liable for this offense”
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Middle Ages
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England - government decided price of food
should be determined by its quality
1266 - Sale of any corrupted wine, meat, fish,
bread or water that is not wholesome for
man’s body prohibited
1844 - Trade Guilds were major regulatory
body
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Searched and seized unwholesome products
1820 - “Treatise of Adulteration of Food
and Culinary Poisons –Frederick Accum
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Early Food Regulation in the US
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Simple and local food production and
distribution systems
Consumer could exert substantial
influence over purity or wholesomeness
Most foods grown by users,
neighbors or from local
marketplace where handling and
production of produce could be
observed
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Early Food Regulation in the US
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English experience worked at first
Population increased
Growing urban communities
Reliance upon “food retailers” for
surveillance of handling and production
Now retailer exerted the influence over
suppliers
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Colonial Food Laws
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Food Law in US is 300 years old
1646 Massachusetts Bread Law set
price for a “loaf of bread” at one penny
and decree how much it should
weigh
Official inspectors could enter
homes and seize “light” bread
Baking of bread was first commercial
food activity in new world
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Colonial Food Laws
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Profits increased if short “short
weights” and used cheap ingredients
like chalk and ground beans
Mass, and NY enacted laws to inspect
flour for worms
1641 inspection of exported fish,
and meat to improve trade
relationships
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General Food Law
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First State law applying to foods
generally instead of a specific product
1785 Act Against Selling
Unwholesome Provisions
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“where some evilly disposed persons from
motives of avarice and filthy lucre, have
been induced to sell diseased, corrupted,
contagious or unwholesome provisions to
the great nuisance of public health and
peace…..
 Punished by fine, imprisonment, standing
in pillory…”
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Early Food Laws
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Iowa 1838 “Act to punish Vendors
of Unwholesome Liquors and
Provisions
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Oregon Territory 1848 adopted Iowa
Act
California 1850 regulated sale of
unwholesome provision under
Offenses Against Public Morality,
Health and Police Law (exercise of
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State vs. Federal Laws
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Complications when foods crossed state
boundaries
Conflicts of Laws
Imported product more suspicious than
locality produced products (Turf) b/c of
lack of ability of scrutinize handling
States needed to cooperate to trade
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Early Federal Regulation
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1789 Act for Laying a Duty on Goods,
Wares and Merchandize Imported into
the US
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Place duty of specific food items (booze,
molasses, sugar, coffee, cheese) to control
quantities coming into US (Imported)
1883 Impure Tea Act prevented
importation of adulterated teas
Provided for inspections for purity and fitness
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Prohibition
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Booze only “food product” which has been
the subject of a Constitution Amendment
18th Amendment prohibited
“manufacture, sale or transportation,
importation or exportation of
intoxicating liquors
Repealed December 18th 1933
Followed by Alcohol Administration Act
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Protection from adulterated or misbranded
articles
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Oleomargarine
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Subject of early food legislation b/c of
competition between manufacturers
and dairy farmers
1879 “Act for Protection of
Dairymen and to prevent deception
in sales of butter and cheese in
District of Columbia
Margarine must be stamped “Margarine
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Inflence of Economics
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Congress believed food supply was local
matter and should be left to States
1880’s American Dress beef, and
bacon strong in export market to
Europe
Europe started to reject American beef
b/c of encounters with diseased beef
Congress acted to save US beef export
market
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Influence of Economics
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1889 Secretary of Agriculture called for
national inspection of cattle and
condemnation of unfit carcasses
Prohibited importation of diseased cattle
Congress took positive action to
improve the quality of the food supply
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The “Jungle”
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Published February 1906
Set in Chicago stockyards
Upton Sinclair, novelist concerned with
unsanitary conditions in meat packing
plants
President Theodore Roosevelt read
book and called for investigation
4 months later, Meat Inspection
Amendment was passed as small part
of appropriations bill, not a separate
act of Congress
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Harvey Wiley
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First “Chief Chemist” of Bureau of
Chemistry of USDA
Examined foods for evidence of
adulteration
Formed “Poison Squad”
President of AOAC for 25 years
Helped to develop sugar industry in US
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“Pure Foods”
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(1906)
1906 Senate Committee on
Manufacturers recommended a
“Pure Food Law”
Dr. Wiley played big role lobbying
Standards established for many
imported foods
Six new branch laboratories of Division
of Chemistry established
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Cocaine
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Coca - aine ("Fruit of the Coca plant")
Toot, snow, white powder, young girl,
blow
No laws prohibiting drug sales or use
Cocaine used as “Pep pills” and
prescribed to women for “medicinal
purposes”
Cocaine treatment centers treated
“addicts” and Cocaine freely prescribed
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Cocaine
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Opium use prohibited in the west in
the early 1900s due to perception that
it caused Asians to become violent
Cocaine use prohibited in south due to
perception that it caused “cocaine
crazed negroes” that could not be
stopped by regular bullets
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Cocaine
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Prior to 1906, cocaine freely used in
food products, (coca cola), medicines
Given freely to migrant and dock worker
because increased their “productivity”
Southern fears of violence from drug
crazed minorities prompted call for
some type of regulation of cocaine and
opium
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Cocaine Regulation
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Result was congressional action to
introduce control legislation
Pure Food and Drug Act of 1906
was first attempt to regulate drugs and
foods
Doctors no longer prescribed cocaine
and all Treatment centers were closed
Patients became addicts / Doctors
became pushers / Black market
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“Pure Food and Drug Act” 1906
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Passed June 22, 1906
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“an
act for preventing the
manufacture, sale, or
transportation of adulterated or
misbranded or poisonous or
deleterious food, drugs, medicines
and liquors….
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Institutional History
The FDA
1862-1890
Chemical Division
USDA
1890-1901
Division of Chemistry
USDA
1901-1927
Bureau of Chemistry
USDA
1927-1930
Food, Drug and
Insecticide Administration
USDA
1930-1940
FDA
USDA
1940-1953
FDA
Federal Security
Agency
1953-1979
FDA
Dept. Health
Education and
Welfare
1979 - Date
FDA
Dept. of Health and
Human Services
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