
Since the beginning of civilisation, people have been concerned about the quality and safety of their food. The first food safety law in the United States was passed in 1646, when Massachusetts colonists passed the Act Against Selling Unwholesome Provisions, which made it possible for someone to be criminally charged for knowingly selling unwholesome provisions. However, the first English food law was proclaimed in 1202 by King John, who prohibited the adulteration of bread with ground peas or beans. The first federal law regulating food and drugs was the Pure Food and Drug Act of 1906, which was the first of several significant consumer protection laws enacted by the United States Congress and led to the creation of the Food and Drug Administration (FDA).
| Characteristics | Values |
|---|---|
| Year | 1906 |
| Name | Pure Food and Drug Act, also known as the Wiley Act and Dr. Wiley's Law |
| Enacted by | United States Congress |
| Signed by | President Theodore Roosevelt |
| First federal law | Regulating foods and drugs |
| Purpose | Ban foreign and interstate traffic in adulterated or mislabeled food and drug products |
| Enforcement | Assigned to the Bureau of Chemistry in the U.S. Department of Agriculture |
| Drug labels | Had to list any of 10 ingredients deemed "addictive" and/or "dangerous" |
| Could not list them if they were not present | |
| Food and drug inspectors | A federal cadre was established |
| Penalties | Modest |
| Goods found in violation were subject to seizure and destruction at the manufacturer's expense | |
| Amendments | Food, Drug, and Cosmetic Act of 1938 |
| Food Additives Amendment of 1958 |
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What You'll Learn

The first food safety law in the US
In 1646, the Massachusetts colonists passed the Act Against Selling Unwholesome Provisions, allowing for criminal charges against those who knowingly sold "diseased, corrupted, contagious, or unwholesome provisions". This is widely considered the first food safety law in the United States. However, it wasn't until the 1800s that more widespread change began.
In 1862, President Abraham Lincoln signed into law an act of Congress establishing the U.S. Department of Agriculture (USDA). The USDA was written into law as "The People's Department", and was formed to oversee food safety in the US. However, it only played a minor role until the mid-1900s. In 1884, President Chester Arthur signed an act establishing the USDA Bureau of Animal Industry (BAI), tasked with preventing diseased animals from being used as food. In 1890, President Benjamin Harrison signed the first law requiring inspection of meat products.
In 1906, the first federal food safety regulations were passed in the US. These were the Pure Food and Drug Act and the Federal Meat Inspection Act, which were both passed in June 1906. The former prohibited the sale of misbranded or adulterated food and drugs in interstate commerce and laid the foundation for the nation's first consumer protection agency, the Food and Drug Administration (FDA). The latter prohibited the sale of adulterated or misbranded meat and meat products for food and ensured that meat and meat products were slaughtered and processed under sanitary conditions. These laws were prompted by public outrage in response to Upton Sinclair's novel "The Jungle", which revealed food adulteration and unsanitary practices in the meat production industry.
The Food, Drug, and Cosmetics Act of 1938 was introduced following a series of deaths caused by the consumption of a medication containing diethylene glycol, an industrial solvent. The act required that food products be free from harmful substances and that their labelling be truthful and not misleading. The Food Additives Amendment of 1958 was another significant piece of legislation that required manufacturers to prove that any food additives used in their products were safe for human consumption.
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The Pure Food and Drug Act of 1906
The main purpose of the Act was to ban foreign and interstate traffic in adulterated or mislabeled food and drug products. It directed the US Bureau of Chemistry to inspect products and refer offenders to prosecutors. The Act prohibited the sale of misbranded or adulterated food and drugs in interstate commerce and laid the foundation for the nation's first consumer protection agency, the FDA. The Act also required that active ingredients be placed on the label of a drug's packaging and that drugs could not fall below purity levels established by the United States Pharmacopeia or the National Formulary.
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The Federal Food, Drug, and Cosmetic Act of 1938
The Act requires that food products be free from harmful substances and that their labelling be truthful and not misleading. It also prohibits false therapeutic claims for drugs and mandates pre-market approval of all new drugs. This means that manufacturers must provide scientific proof that new products can be used safely before putting them on the market. The Act also covers cosmetics and medical devices, and it requires that drugs be labelled with adequate directions for safe use.
The Act has been amended several times since its passage, including the addition of the Electronic Product Radiation Control provisions in 1968 and the Food Additives Amendment in 1958, which required the FDA to set standards for food additives. The most recent amendment added requirements about bioterrorism preparations.
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The Food Additives Amendment of 1958
The concept of GRAS was first introduced in this amendment, and all additives introduced after 1958 had to be evaluated by these new standards. Manufacturers were required to prove that any food additives used in their products were safe for human consumption before being widely used. The Food and Drug Administration (FDA) was responsible for setting standards for food additives and establishing a list of additives that were GRAS.
The amendment changed the rules under which food additives were regulated. Prior to 1958, a substance added to food was presumed safe until proven otherwise, typically by the government or the FDA. After the amendment, FDA approval of safety was required before the use of any food additive. This shift in responsibility placed a burden on manufacturers to conduct extensive testing to ensure the safety of the numerous substances added to foods.
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The first English food law
In 1202, King John of England proclaimed the first English food law, the Assize of Bread, which prohibited the adulteration of bread with ingredients such as ground peas or beans. The law specifically focused on the quality, weight, and price of bread and beer. This was the first recorded instance of food legislation in English history, setting a precedent for future regulations aimed at ensuring the safety and integrity of food products.
The Assize of Bread was enacted to protect consumers from inferior or tainted goods, as well as to maintain fair trade practices. Bread prices were linked to the cost of raw materials, and bakers who were found guilty of overcharging faced significant fines. To avoid these penalties, bakers often gave away extra loaves, which is believed to have given rise to the expression "a baker's dozen".
While the Assize of Bread was a significant milestone, it was primarily concerned with a single type of food product. Over time, as societies evolved and trade became more diverse, the need for more comprehensive food laws became apparent. This evolution led to the development of additional regulations and the establishment of dedicated agencies tasked with safeguarding food supplies and protecting public health.
In the United States, early food laws were enacted during colonial times, with the first federal regulation related to food emerging from the Mexican-American War in 1848, banning the importation of adulterated drugs. The Act Against Selling Unwholesome Provisions, passed in 1646 by Massachusetts colonists, made it possible to criminally charge individuals for knowingly selling "diseased, corrupted, contagious, or unwholesome provisions". This act is considered the first food safety law in the United States.
The late 19th and early 20th centuries saw significant advancements in food regulation, with the Pure Food and Drug Act of 1906 being a notable example. This act was spurred by Upton Sinclair's novel "The Jungle," which exposed the harsh conditions and unsanitary practices in the meatpacking industry. The public outcry that followed led the government to take decisive action, resulting in the creation of the Pure Food and Drug Act. This legislation established the first comprehensive set of regulations to guarantee the safety of food and drugs, defining food adulteration as a danger to health and consumer fraud.
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Frequently asked questions
The first law covering food in the United States was the Pure Food and Drug Act of 1906, also known as the Wiley Act and Dr. Wiley's Law.
The main purpose of the Act was to ban foreign and interstate traffic in adulterated or mislabeled food and drug products. It also directed the US Bureau of Chemistry to inspect products and refer offenders to prosecutors.
The law required that active ingredients be placed on the label of a drug's packaging and that drugs could not fall below purity levels established by the United States Pharmacopeia or the National Formulary. It also defined "misbranding" and "adulteration" for the first time and prescribed penalties for each.
The Act was passed in response to Upton Sinclair's novel, *The Jungle*, which detailed the harsh conditions faced by workers in the meatpacking industry, including unsanitary practices and the presence of rats and spoiled meat. The book caused a public outcry and led the government to take action to ensure the public's safety.


























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