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Delaney Clause

Delaney Clause

This article has been reviewed by the following Topic Editor: Michelle Miller

The Delaney Clause in the Federal Food, Drug, and Cosmetic Act (FFDCA) states that no additive shall be deemed to be safe for human food if it is found to induce cancer in man or animals.

The clause is an example of the zero tolerance concept in food safety policy.

The Delaney prohibition appears in three separate parts of the FFDCA:

  • Section 409 on food additives;
  • Section 512, relating to animal drugs in meat and poultry; and
  • Section 721 on color additives.

The Section 409 prohibition applied to many pesticide residues until enactment of the Food Quality Protection Act of 1996 (P.L. 104-170, August 3, 1996). This legislation removed pesticide residue tolerances from Delaney Clause constraints.

Citation

Sidney Draggan Ph.D. (Lead Author);USDA (Content Source);Michelle Miller (Topic Editor) "Delaney Clause". In: Encyclopedia of Earth. Eds. Cutler J. Cleveland (Washington, D.C.: Environmental Information Coalition, National Council for Science and the Environment). [First published in the Encyclopedia of Earth November 17, 2007; Last revised Date November 17, 2007; Retrieved May 21, 2013 <http://www.eoearth.org/article/Delaney_Clause>

The Author

Sidney Draggan Board of Directors Environmental Information Coalition Editorial Board The Encyclopedia of Earth Dr. Sidney Draggan, an Ecologist and Science Policy Analyst, served most recently as Senior Science and Science Policy Advisor to the Assistant Administrator for Research and Development at the U.S. Environmental Protection Agency. He joined the staff of the Immediate Office of the Assistant Administrator in 1997 after serving for two years as Special Assistant for Scien ... (Full Bio)

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