21 U.S.C. § 341 — Definitions and standards for food
submitted 88 years ago by ch. 675 to r/title-21-FOOD-AND-DRUGS · 251 words · no verdicts yet
The Secretary can set official definitions and quality standards for foods to protect consumers. Fresh or dried fruits and vegetables, and butter, are mostly excluded from these standards. Any optional ingredients allowed in a food's standard must be listed on the label.
This section lets the Secretary* set official definitions and standards for food*. The goal is honesty and fair dealing for consumers. If a standard will help consumers, the Secretary can create rules for any food. These rules can fix a food's common name. They can set a standard of identity — what a food must contain to use that name. The Secretary can also set a standard of quality. The Secretary can set a standard for how full a container must be. There are limits. The Secretary generally cannot set an identity or quality standard for fresh or dried fruits. The same limit applies to fresh or dried vegetables, and to butter. There is one exception. Standards of identity are allowed for avocados, cantaloupes, citrus fruits, and melons. But those standards can only cover ripeness and the effects of freezing. When setting a container-fill standard, the Secretary must consider natural shrinkage during storage and shipping. The Secretary must also consider the need for packing and protective material. When setting a quality standard for canned fruit or vegetables, the Secretary must account for differences among varieties. When a food's identity standard allows optional ingredients, the Secretary must require those ingredients to be named on the label*. This keeps consumers informed.
facts
Whenever in the judgment of the Secretary* such action will promote honesty and fair dealing in the interest of consumers, he shall promulgate regulations fixing and establishing for any food*, under its common or usual name so far as practicable, a reasonable definition and standard of identity, a reasonable standard of quality, or reasonable standards of fill of container. No definition and standard of identity and no standard of quality shall be established for fresh or dried fruits, fresh or dried vegetables, or butter, except that definitions and standards of identity may be established for avocadoes, cantaloupes, citrus fruits, and melons. In prescribing any standard of fill of container, the Secretary shall give due consideration to the natural shrinkage in storage and in transit of fresh natural food and to need for the necessary packing and protective material. In the prescribing of any standard of quality for any canned fruit or canned vegetable, consideration shall be given and due allowance made for the differing characteristics of the several varieties of such fruit or vegetable. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the Secretary shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label*. Any definition and standard of identity prescribed by the Secretary for avocadoes, cantaloupes, citrus fruits, or melons shall relate only to maturity and to the effects of freezing.
Source credit: (June 25, 1938, ch. 675, § 401, 52 Stat. 1046; Apr. 15, 1954, ch. 143, § 1, 68 Stat. 54; Aug. 1, 1956, ch. 861, § 1, 70 Stat. 919; Pub. L. 103–80, § 3(h), Aug. 13, 1993, 107 Stat. 776.)
- 1938Enacted · Act of June 25, 1938, ch. 675 · 52 Stat. 1046
- 1954Amended · Act of Apr. 15, 1954, ch. 143 · 68 Stat. 54
- 1956Amended · Act of Aug. 1, 1956, ch. 861 · 70 Stat. 919
- 1993Amended · Pub. L. 103-80 · 107 Stat. 776
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