What is the difference between USDA and FDA labeling?

According to the FDA, it regulates approximately 80% of the U.S. food supply, while the USDA oversees meat, poultry, and certain egg products. This fundamental division of responsibility is key to understanding what is the difference between USDA and FDA labeling.

Quick Summary

The U.S. food supply is regulated by two primary agencies, the USDA and FDA, which oversee different food categories and have distinct labeling and inspection protocols. The USDA manages meat, poultry, and processed egg products with mandatory pre-approval, while the FDA regulates the vast majority of other food items, including produce, seafood, and packaged goods, without pre-approving labels.

Key Points

• Jurisdictional Divide: The USDA regulates meat, poultry, and processed egg products, while the FDA oversees virtually all other foods, including produce, seafood, and packaged items.

• Label Pre-Approval: All labels for USDA-regulated products must receive pre-approval from the agency before they can be used on products.

• Post-Market Surveillance: The FDA does not pre-approve labels for the products it regulates; instead, it enforces regulations through post-market surveillance and risk-based inspections.

• Inspection Protocol: USDA conducts continuous, on-site inspections at meat and poultry processing plants, whereas the FDA performs risk-based inspections at food facilities.

• Overlapping Authority: Some multi-ingredient products fall under dual regulation, with jurisdiction often determined by the percentage of meat or poultry in the product.

• Label Claim Regulation: The USDA and FDA have differing standards for claims like "natural," while the USDA's National Organic Program sets the standard for the "organic" seal on all foods.

• Consumer Trust: Accurate labeling, enforced by both agencies, is crucial for building consumer trust and enabling informed purchasing decisions.

Navigating the complexities of food labeling in the United States can be confusing for consumers. Understanding which federal agency is responsible for regulating your groceries is the first step. While the U.S. Department of Agriculture (USDA) and the Food and Drug Administration (FDA) both play critical roles in ensuring food safety and accurate labeling, their jurisdictions are surprisingly different. The USDA’s Food Safety and Inspection Service (FSIS) strictly regulates meat, poultry, and processed egg products, while the FDA oversees virtually all other food items, including fresh produce, seafood, and packaged goods. These distinct areas of oversight lead to significant differences in their inspection processes, labeling requirements, and enforcement actions.

USDA vs. FDA: Jurisdictional Divide

The most significant differentiator between the two agencies is their area of authority. The USDA's jurisdiction is rooted in historical concerns over the safety of meat and poultry processing and is generally confined to these and specific egg products. The FDA's authority is far broader, encompassing a much larger portion of the national food supply.

What the USDA Regulates

• Meat Products: Beef, pork, lamb, and goat.
• Poultry Products: Chicken, turkey, and duck.
• Processed Egg Products: Liquid, frozen, and dried egg products. Shell eggs remain under FDA regulation.
• Combination Products: Foods with more than 2% cooked meat/poultry or 3% raw meat/poultry. A frozen pepperoni pizza, for example, falls under USDA oversight, but a vegetable soup with a minimal amount of chicken broth does not.
• Catfish: Following recent legislative changes, the USDA now regulates farmed catfish.

What the FDA Regulates

• Most Foods: Over 80% of the food supply, including produce, seafood (except catfish), and packaged foods like cereals, bread, and canned goods.
• Dairy Products: Milk, cheese, butter, and yogurt.
• Shell Eggs: Whole eggs sold in cartons.
• Dietary Supplements: These are regulated separately under the Dietary Supplement Health and Education Act (DSHEA).
• Infant Formula and Bottled Water: These critical food categories also fall under FDA purview.

Labeling and Inspection Differences

The regulatory approach to labeling and inspection is one of the most critical differences between the two agencies. The USDA operates with a system of mandatory pre-approval for labels, whereas the FDA relies on post-market surveillance.

USDA Labeling and Inspection

The USDA's Food Safety and Inspection Service (FSIS) has a rigorous process that includes mandatory, continuous on-site inspection at processing facilities. Their labeling requirements are strict and require explicit pre-approval before products can be sold. The prominent USDA inspection legend, often seen as a blue circular stamp on meat and poultry products, signifies this oversight.

FDA Labeling and Inspection

For foods under FDA control, manufacturers are responsible for ensuring their labels comply with the Federal Food, Drug, and Cosmetic Act (FFDCA). The FDA does not typically pre-approve labels but instead conducts inspections based on risk. Facilities must register with the FDA, and the agency relies on active monitoring and enforcement actions to ensure compliance. The Nutrition Facts label, required for most packaged foods, is a standardized format mandated by the FDA.

Comparison Table: USDA vs. FDA Labeling

Feature	USDA Labeling	FDA Labeling
Jurisdiction	Meat, poultry, processed eggs, catfish, and combination products (>2% cooked meat/poultry).	All other foods, including produce, seafood (except catfish), dairy, and packaged foods.
Label Approval	Mandatory pre-approval of labels by the FSIS.	No pre-approval; manufacturers must ensure compliance.
Inspection Method	Continuous, on-site inspection at processing facilities.	Risk-based inspection and post-market surveillance.
Prominent Marking	Includes the official USDA inspection legend.	Relies on the mandatory Nutrition Facts panel.
Key Legislation	Federal Meat Inspection Act and Poultry Products Inspection Act.	Federal Food, Drug, and Cosmetic Act (FFDCA).
Allergen Labeling	Handled through specific FSIS guidelines.	Requires declaration of major allergens under FALCPA.

Understanding Label Claims and Overlaps

Beyond basic labeling, both agencies regulate specific label claims, such as "organic" or "natural." The USDA's National Organic Program (NOP) sets the standards for organic products, which applies to all foods that carry the USDA organic seal, regardless of which agency regulates the product itself. The term "natural" is another point of differentiation. For meat, poultry, and eggs, the USDA defines "natural" as minimally processed with no artificial ingredients. For FDA-regulated products, the term is less strictly defined, and the FDA has not developed a formal regulation for it, generally considering it to mean that nothing artificial or synthetic has been included in the product.

Cases with overlapping jurisdiction, like the aforementioned frozen pizza, can be complex. The USDA handles the meat component and overall label approval, but the FDA's rules for ingredients like cheese and vegetables still apply. Similarly, a facility producing both USDA-regulated hot dogs and FDA-regulated potato chips must comply with both sets of regulations. In the event of a foodborne illness outbreak, both agencies work together, as demonstrated by their coordination during an outbreak linked to a chicken Caesar salad, with the USDA investigating the chicken and the FDA examining the lettuce.

Conclusion

While consumers primarily focus on a product's nutritional information, understanding the regulatory agency behind the label provides crucial context on how the food is produced and inspected. The fundamental distinction lies in what each agency regulates—USDA for meat, poultry, and processed eggs, and FDA for almost everything else. This jurisdictional split results in different labeling and inspection procedures, including the USDA's pre-market approval system versus the FDA's reliance on post-market surveillance. By recognizing these key differences, consumers can better appreciate the federal oversight that ensures the safety and accuracy of the food they buy.

The Role of Labeling for Consumer Trust

The importance of accurate food labeling extends beyond basic regulatory compliance; it builds and maintains consumer trust. Misleading or incorrect labels, whether due to incorrect nutritional information, unclear ingredient lists, or deceptive health claims, can erode this trust. Both the USDA and FDA have mechanisms to address these issues, from label pre-approval for meat products to warning letters and recalls for FDA-regulated foods. A well-informed consumer, armed with knowledge about the specific regulatory authority governing a product, is better equipped to make informed purchasing decisions. This transparency is a cornerstone of the U.S. food safety system, even with its two-agency structure.

Frequently Asked Questions

Which agency is responsible for meat labeling?

The U.S. Department of Agriculture (USDA), through its Food Safety and Inspection Service (FSIS), is responsible for the labeling of meat and poultry products.

Which agency regulates eggs, the USDA or FDA?

This is a shared responsibility. The USDA regulates processed egg products (liquid, frozen, dried), while the FDA regulates shell eggs sold in cartons.

Who regulates the label for a frozen pepperoni pizza?

Since it contains more than 3% raw meat (pepperoni), a frozen pepperoni pizza is regulated by the USDA for its meat component and overall label. However, the non-meat ingredients, such as the cheese and sauce, must also comply with FDA regulations.

Does the FDA approve every food label?

No, the FDA does not pre-approve every food label for the products it regulates. Manufacturers are responsible for ensuring compliance with all labeling requirements, and the FDA enforces these rules through inspections and post-market surveillance.

What does the USDA inspection legend on a product mean?

The USDA inspection legend signifies that the meat, poultry, or egg product was inspected and passed by either federal or state food safety inspectors at a certified facility, ensuring it is wholesome and properly labeled.

Who regulates the "Organic" label?

The USDA's National Organic Program (NOP) is responsible for setting and enforcing the standards for the "organic" label, which can be found on products regulated by either the USDA or FDA.

Is the term "natural" regulated the same by both agencies?

No. For USDA-regulated products, "natural" is defined as minimally processed with no artificial ingredients. For FDA-regulated foods, the term is not strictly regulated, but the agency generally considers it to mean that nothing artificial or synthetic has been included.