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The legal regulatory definition of Foodstuffs

Started by , Oct 29 2019 03:27 PM
4 Replies

Hello all,

 

I'm looking for a legal/regulatory definition of "Foodstuffs" for both EU Regulations and FDA Regulations.  I did a quick search and could only find dictionary definitions but not a sited regulatory definition.  If there are any links to the regulatory definition I would greatly appreciate them!

 

Thank you

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Can't help with the US/FDA one (at least not without more digging than I have time for right now), but for the EU the definition is effectively in Article 2 of Regulation (EC) 178/2002:

Article 2

Definition of ‘food’

For the purposes of this Regulation, ‘food’ (or ‘foodstuff’) means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans. ‘Food’ includes drink, chewing gum and any substance, including water, intentionally incorporated into the food during its manufacture, reparation or treatment. It includes water after the point of compliance as defined in Article 6 of Directive 98/83/EC and without prejudice to the requirements of Directives 80/778/EEC and 98/83/EC.

‘Food’ shall not include:

(a) feed;

(b) live animals unless they are prepared for placing on the market for human consumption;

© plants prior to harvesting;

(d) medicinal products within the meaning of Council Directives 65/65/EEC (1) and 92/73/EEC (2);

(e) cosmetics within the meaning of Council Directive 76/768/EEC (3);

(f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC (4);

(g) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971;

(h) residues and contaminants.

 

1 Thank

Thank you so much pHRuit.  I saved the regulation to my favorites bar for future reference!

 

Someone on your side of the pond might come up with something better, but the best I could find for the US was from 21USC321 ("Definitions; generally"):

For the purpose of this chapter-...(f) The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.

 

So somewhat similar to the EU, but also perhaps rather circular - food means food :ejut:

1 Thank

I felt ridiculous asking the question but I wanted to ensure I wasn't missing some pertinent detail defining foodstuff.  I appreciate all your help! 


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