Understanding the Difference Between FDA and USDA Regulations

Posted by: OFT Food Safety & Injury Lawyers

When it comes to food safety in the United States, two key federal agencies play major roles in protecting public health: the Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA). While both are tasked with regulating food products and ensuring consumer safety, they oversee different aspects of the food supply chain and operate under distinct regulatory frameworks.

Understanding the difference between FDA and USDA regulations is vital for food industry professionals, consumers, and anyone affected by foodborne illnesses or contamination. At OFT Food Safety & Injury Lawyers, we’re committed to helping victims of unsafe food products understand their rights and legal options. Here’s what you need to know about the FDA vs. USDA.

What Does the FDA Regulate?

The FDA, an agency within the Department of Health and Human Services, regulates about 80% of the U.S. food supply. This includes:

• Packaged foods and beverages
• Produce (fruits and vegetables)
• Dairy products (except for certain aspects like grading)
• Seafood and shellfish
• Eggs (once they are out of the shell)
• Infant formula and dietary supplements

The FDA is responsible for enforcing the Food Safety Modernization Act (FSMA), which focuses on preventing foodborne illness rather than just responding to outbreaks. The agency sets standards for food production, labeling, and processing and conducts inspections of food facilities to ensure compliance.

What Does the USDA Regulate?

The USDA, through its Food Safety and Inspection Service (FSIS), regulates the remaining 20% of the food supply, but this includes some of the most heavily consumed items:

• Meat (beef, pork, lamb, etc.)
• Poultry (chicken, turkey, duck)
• Processed egg products (like liquid eggs or powdered eggs)

Unlike the FDA, the USDA places inspectors on-site at meat and poultry processing plants to monitor operations continuously. This ensures that food safety violations can be addressed immediately, often before contaminated products enter the market.

Key Differences Between FDA and USDA Oversight

Scope of Oversight

• FDA: Oversees the majority of foods, especially processed and packaged goods.
• USDA: Regulates meat, poultry, and processed eggs.

Inspection Frequency

• FDA: Conducts periodic inspections, typically based on risk.
• USDA: Continuous inspection at slaughterhouses and daily inspection at processing plants are required.

Labeling Requirements

• FDA: Focuses on nutrition facts, ingredient lists, and health claims.
• USDA: Requires pre-approval for labels on meat and poultry, ensuring accuracy before the product hits shelves.

Enforcement Powers

• Both agencies can recall unsafe food products, issue warnings, and take legal action. However, the USDA tends to be more hands-on due to its presence in meat and poultry plants.

Why the Regulatory Split Can Cause Confusion

One of the most significant issues in food safety regulation is the overlap between the FDA and USDA, which can sometimes lead to confusion or regulatory gaps. For example:

• The USDA regulates pepperoni pizzas with meat, while the FDA regulates cheese pizzas.
• An egg in its shell is under FDA jurisdiction, but once it’s cracked and processed, it falls under USDA rules.

These distinctions can be frustrating for consumers and industry professionals trying to understand who is responsible when something goes wrong.

What Happens When Food Contamination Occurs?

If a product contaminated with bacteria like E. coli, Salmonella, or Listeria reaches consumers, both the FDA and USDA can issue public alerts and recalls. However, identifying the responsible agency is crucial when pursuing a legal claim for food poisoning or injury.

At OFT Food Safety & Injury Lawyers, we will work with experts to trace outbreaks to their source, determine whether FDA or USDA regulations were violated, and hold the responsible parties accountable. We handle cases involving:

• Foodborne illness outbreaks
• Unsafe manufacturing or packaging processes
• Mislabeling or failure to disclose allergens
• Contaminated imports and defective food safety protocols

Don’t Wait, Contact a Food Safety Attorney Today

If you or a loved one suffered serious illness due to a contaminated food product, it’s essential to understand your legal rights. Determining whether the FDA or USDA had jurisdiction can help identify which company or entity may be liable.

Our team at OFT Food Safety & Injury Lawyers has the knowledge and experience to investigate food safety violations, navigate federal regulations, and pursue justice for victims.

Reach Out to an OFT Food Safety Lawyer To Protect Your Health

While the FDA and USDA play critical roles in keeping our food supply safe, they operate under distinct guidelines, cover different foods, and follow separate enforcement protocols. Understanding the difference is key for consumers and businesses, especially when foodborne illness strikes.

If you believe you were harmed by a contaminated or mislabeled food product, contact OFT Food Safety & Injury Lawyers by calling us at (888) 828-7087 or through our online form for a free consultation. We’re here to help you understand your options and pursue the compensation you deserve.