Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301-399d).

This Act makes provision with respect to food safety in the United States. Chapter IV specifically concerns food. It authorizes EPA (the Administrator for purposes of this Act) to set tolerances, or maximum residue limits, for pesticide residues on foods. In the absence of a tolerance for a pesticide residue, a food containing such a residue is subject to seizure by the government. Once a tolerance is established, the residue level in the tolerance is the trigger for enforcement actions. That is, if residues are found above that level, the commodity will be subject to seizure. In setting tolerances, EPA must make a finding that the tolerance is "safe." Safe is defined as meaning that there is a "reasonable certainty that no harm will result from aggregate exposure to the pesticide residue." To make the safety finding, EPA considers, among other things: the toxicity of the pesticide and its break-down products, aggregate exposure to the pesticide in foods and from other sources of exposure, and any special risks posed to infants and children. Some pesticides are exempted from the requirement to have a tolerance. EPA may grant exemptions in cases where the pesticide residues do not pose a dietary risk under reasonably foreseeable circumstances. In establishing a tolerance for a pesticide chemical residue in or on a food, the Administrator shall determine whether a maximum residue level for the pesticide chemical has been established by the Codex Alimentarius Commission.
In addition to residue tolerances, the Act deals with a wide variety of matters including: adulterated food; bottled drinking water standards; infant formulas; food additives; new dietary ingredients; registration of food facilities; national uniform nutrition labelling; hazard analysis and risk-based preventive controls; registration of food facilities; sanitary transport practices; laboratory accreditation for analyses of foods; and traceability requirements. The Act defines offences and prescribes penalties for such offences.
Meats and meat food products shall be exempt from the provisions of this Act to the extent of the application or the extension thereto of the Meat Inspection Act.