Food Additives in the United States

Introduction to Food Additives

Federal Food, Drug, and Cosmetic Act

History in relation to Food Additives

Congress expanded the requirement for tolerances in the Food Additives Amendment of 1958, which added Section 409, directing FDA to set tolerances for food additives, including pesticide residues in processed foods. Section 409 also forbade the addition to food of any additive (including pesticide residue), if it was found to be a potential cancer-causing agent. This provision is referred to as the Delaney Clause.

In 1970, authority to establish tolerances for pesticide residues was transferred to the newly formed EPA. FDA (now in the Department of Health and Human Services) retained responsibility for enforcement of tolerances in food that is imported or sold across state boundaries.

In 1996, Congress substantially revised requirements for pesticide residue tolerance setting in the Food Quality Protection Act (FQPA). The FQPA redefined terms so that pesticide residues in processed foods were no longer regulated as food additives, and therefore no longer were subject to the Delaney Clause.

Federal Food, Drug, and Cosmetic Act, Section 408, and Amendments (codified generally at 21 U.S.C. 321-346a):

Resources

Further Reading

• Information about Food Additives in the Gale Encyclopedia of American Law.