Legal and Policy Interpretation of the Jurisdiction Under the Federal Food, Drug, and Cosmetic Act of the Food and Drug Administration and the Environmental Protection Agency Over the Use of Certain Antimicrobial Substances

Résumé

The Food Quality Protection Act of 1996 became law on August 3, 1996. FQPA amended both the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Federal Food, Drug, and Cosmetic Act (FFDCA). Among other things, FQPA changed the regulatory authority of both EPA and FDA with respect to the FFDCA's regulation of pesticide residues in or on food. This notice: (1) Sets forth legal and policy interpretations of the FFDCA as they relate to the jurisdiction of EPA and FDA over antimicrobial substances used in or on food, including food-contact articles; (2) discusses interpretations of certain terms in FIFRA and the implementing regulations relevant to the authority of the two agencies; (3) provides a description of how EPA and FDA propose to clarify the post-FQPA regulatory authority over certain antimicrobial substances; and (4) discusses how EPA and FDA plan to handle the review of petitions for antimicrobial substances that will remain under EPA's jurisdiction and for those that EPA proposes to return to FDA's regulatory authority through EPA rulemaking.