Just like food safety, food fraud has no borders. If your business operates internationally (or is looking to expand globally), understanding and abiding by the regulations in the regions you operate is essential to remaining compliant and fighting the growing threat of food fraud.
But international food fraud regulation is far from clear-cut, with even centralized regulatory organizations like the FDA still struggling to formalize how to properly address this serious issue. This means you need to know key differences and similarities among regional food fraud regulations to stay ahead of these crimes and within regulatory guidelines.
Follow along as we break down key points about food fraud regulations in both the U.S. and the EU, so you can operate on a global scale with confidence.
Food fraud is a crime that exploits businesses and consumers alike. In a nutshell, food fraudsters intentionally alter the quality, ingredients, and composition of food products to misrepresent their contents to consumers while maximizing their financial profits.
When it comes to legal definitions, though, the EU and the U.S. each have their own perspective on what constitutes food fraud.
The FDA refers to food fraud as economically motivated adulteration. This crime "occurs when someone intentionally leaves out, takes out, or substitutes a valuable ingredient or part of a food" or "when someone adds a substance to a food to make it appear better or of greater value."
The EU has no set definition of fraud. Instead, it is alluded to in Commission Regulations as "a non-compliance concerning any suspected intentional action by businesses or individuals, for the purpose of deceiving purchasers and gaining undue advantage therefrom, in violation of the rules referred to in Article 1(2) of Regulation (EU) 2017/625."
While the EU’s definition of food fraud might be slightly more ambiguous, you can see that what constitutes this crime is similar in both regions.
Keeping up with food fraud regulations is essential to building and maintaining an effective food fraud mitigation plan. While neither the U.S. nor the EU has dedicated laws for food fraud, this topic is covered in existing regulations.
For example, in the U.S., food fraud is under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and Food Safety Modernization Act (FSMA) guidelines. In the EU, food fraud directives are outlined in the Official Controls Regulations under Regulation 2017/625, as well as the EU's General Food Law. Notably, the UK addresses food fraud through retained EU legislation and domestic law following Brexit. Key provisions are set out in the Food Safety Act 1990, the General Food Regulations 2004, and the retained General Food Law and Official Controls Regulation, further illustrating the complexity of global food fraud regulations.
The U.S. and EU are both committed to apprehending food fraud. However, their approaches differ in a few key ways that may impact how regulatory bodies assess your prevention efforts.
Where the U.S. unifies food fraud detection and enforcement under the FDA, the EU Agri-Food Fraud Network distributes the responsibility of enforcement across its member states. The EU’s approach to food fraud regulations can open them up to interpretation across the region; this can create inconsistencies in enforcement due to each member state’s food laws, resource availability, and reporting practices.
Both EU and U.S. regulatory bodies provide general guidance for how businesses should work to prevent food fraud. However, EU General Food Law emphasizes securing Critical Control Points (CCPs) in your supply chain network more to identify possible fraud, while FDA regulations prioritize the FSMA's Preventive Control-centric approach.
Although the EU and U.S. take slightly different approaches to regulating food fraud, they share a few key similarities, including:
Lack of dedicated legislation and tactics: Neither the EU nor the U.S. has clear-cut laws dedicated solely to food fraud. Instead, each regulatory body uses broad, existing food safety laws to provide guidance on preventing food fraud.
Global supply chain challenges: Growing supply chain complexity makes it increasingly difficult to track food fraud worldwide. This impacts businesses in the U.S. and the EU equally.
Collaborative responsibilities: Both private businesses and governing bodies in the U.S. and EU share responsibilities to prevent and detect food fraud.
Vulnerability identification: Although they are phrased differently (“vulnerability” in the U.S.; “risk” in the EU), both FSMA and EU General Food Law require businesses to identify the areas, processes, and products most susceptible to potential adulteration in their operations.
Taking these similarities and differences into account, you can better prepare to navigate international food safety expectations. But to ensure compliance, consider taking active steps to strengthen your food fraud prevention efforts.
To operate at an international level, your food fraud prevention strategy must align with multiple regulatory frameworks. This requires your team to think broadly and proactively about your approach to fraud mitigation. Use these tips for maintaining compliance in your global operations.
Both the U.S. and the EU have somewhat cloudy definitions and guidelines regarding food fraud. That's why it's best to take a unified, wide-range food safety approach that covers FSMA, GFSI, and Codex standards to maximize your chances of compliance and protecting public health.
One common thread of both EU and U.S. fraud prevention frameworks is vulnerability assessments. Performing and documenting effective vulnerability and risk assessments allows you to pinpoint exactly where you are most exposed to potential fraud, make the necessary adjustments to your operations, and provide regulators with proof of your due diligence.
One of the key elements of mitigating food fraud is identifying its origin if it occurs. That's why effective traceability is crucial for compliance with both EU and U.S. food safety regulations. Ensuring you have proper traceability practices in place for your supply chain will help you meet international compliance requirements.
Though it’s a requirement of FDA regulations, an effective Foreign Supplier Verification Program (FSVP) can be crucial for international food fraud compliance. Whether you're a business in the EU looking to export to the U.S. or a U.S. business importing international food products, these verification steps are key to ensuring compliance with FDA regulations. Supplier audits can provide a clear picture of your suppliers’ food safety practices and identify potential risks to your organization that may impact FSVP compliance.
Keep up with potential changes to EU and U.S. food safety regulations so you can adjust your prevention strategy accordingly. Make sure you're in the loop about potential fraud schemes identified by the FDA or the EU Agri-Food Fraud Network that could be a threat to your organization. You can find these updates using tools like the FDA's import alerts page or the Joint Research Centre (JRC) Food Fraud Monthly Report.
Knowledge is power. This is especially true when it comes to your employees, who are your first line of defense in identifying signs of adulteration and maintaining food safety in your operations. Provide your team with education on food fraud and related topics such as:
Partnering with expert third-party training partners can help get your team up to speed quickly with the latest regulations — reducing your time to compliance and optimizing your prevention efforts.
No matter where your business operates, staying ahead of food fraud requires knowledge of what to look for, how to react, and how to create an effective prevention plan.
Elevate the way your team handles food fraud by signing up for Food Fraud Online: Risk Assessment & Mitigation from AIB International. This online course will equip your team with the expertise they need to keep your products safe and your business in compliance with international food fraud regulations.