FSMA: The Meaning of Adulterated Foods

Here is what the US Congress defined as “adulterated” food in the context of the Food Safety Modernization Act. US manufacturers or US importers of foreign manufactured foods can be criminally liable to knowingly introduce adulterated food into interstate commerce. This includes food and beverages that:

  1. …contain poisonous or insanitary ingredients or substance that lead to injurious health, including undeclared allergens, pesticides, bacteria, chemicals, additives, animal drugs, filthy, putrid or decomposed substances, meat from diseased animals, packed in containers that is made from poisonous or deleterious substances (for example Bisphenol A), or radiation
  2. … lack valuable constituents, includes substitutes of ingredients not labeled correctly, comes in damaged containers, is “bulked up” by added substances that would increase weight or reduces the food’s quality or nutrient content, or may it appear to be of better value than it is (for example counterfeited olive oils, truffles, or rare fish.)
  3. … contain unsafe color additives not permitted in the United States
  4. … are confectioneries containing alcohol in excess of ½ % of volume (only alcohol derived from flavor extracts). However, national law does not supersede state law. Many states allow the sales of alcohol-filled chocolates, and these laws count in the respective state
  5. … are confectioneries containing non-nutritive substances or have embedded an non-nutritive object (for example Kinder Surprise Eggs so popular in Europe and Canada).
  6. … are dietary supplements containing dangerous ingredients that are harmful to human health or that are manufactured without Good Manufacturing Practice Standards
  7. … have previously been denied admission into a country anywhere in the world
  8. are transported under unsanitary conditions

See FDA website with more information

More facts to know:

FSMA: The Meaning of Misbranded Foods
California Proposition 65
Vermont Non-GMO law
FSMA: Letter of Guarantee