SCHOOL OF HOSPITALITY AND

TOURISM MANAGEMENT

UNIVERSITY OF JAMMU

REPORT ON - “LAWS RELATING TO

BEVERAGES RESTAURANT & HOTEL BARS”

SUBMITTED BY:

RADHIKA GUPTA

ROLL NO – 12

Hospitality law

Hospitality law is the body of law relating to the foodservice, travel, and lodging industries. That is, it is the body of law governing the specific nuances of hotels, restaurants, bars, spas, country clubs, meeting and convention planners, and more.

Hospitality law doesn’t just involve one area of law. It encompasses a wide variety of practice areas, including contracts, antitrust, tort law, and more.

Recent events have made hospitality law even more relevant. Food allergies are on the rise, making it increasingly important for restaurants to not only train staff about ingredients but to also have appropriate labels for food containing peanuts or wheat. The Mumbai terrorist attacks, which included a hostage situation at the Taj Mahal Hotel, among other places, and the 2009 Jakarta bombings at the JW Marriott and the Ritz-Carlton hotels, raise questions about what a hotel can legally do to ensure the safety of its guests.

Overview

While hospitality law covers many different entities, hotels and restaurants are the two most common hospitality businesses.

Hotels

Hotel operators in the United States have a duty to their guests and to their guests’ property.

Duty to guest

Lodging operators have a duty of care to their guests. This duty does not insure the guests’ safety, but does require the operator to “act prudently and use reasonable care.” This means, among other things, that an operator can be held liable if he or she is found negligent.

An operator also must ensure that all of the guests’ personal information is retained and destroyed according to proper and recommended procedure.

Duty to guest property

Common law held innkeepers liable for any loss of guest property when the guest was on their property. Nearly all states have abrogated that duty, placing limits on an innkeeper’s liability, as long as the innkeeper complies with certain requirements. These requirements, usually regulated in the state’s innkeeper statute, govern the placement of the law (many statutes require that the statute be placed in a common area, at the front desk, or behind the door of the room) and the size of the text of the displayed statute. Generally, to be protected under the statutes, the innkeeper and his employees cannot be complicit in the theft or the loss of property. Lastly, the innkeeper usually has to provide a safe for the safekeeping of the guests’ property.

American statutes also govern bailments. A bailment is the “delivery of an item of property, for some purpose, with the expressed or implied understanding that the person receiving it shall

return it in the same or similar condition in which it was received, when the purpose has been completed.” Coat checks, safety deposit boxes, and luggage storage are common examples of bailments for the hospitality industry. It is important for lodging and restaurant operators to understand that they are responsible for the safety of the guest’s property when a bailment is established.

Restaurants

Restaurant operators in the United States have a duty to sell food that is merchantable, that is, suitable for buying and selling. “Truth in Menu” laws govern descriptions of food in menus. These laws ensure that the customer receives what the menu says he or she will (e.g., one dozen oysters for a certain amount, instead of 11 oysters). They also govern the ingredients, nutritional descriptions, preparation style, and more. For example, a bill once introduced to the New York City Council required that the use of the words “homestyle” or “homemade” refer to dishes prepared “from scratch.”

The federal government has had a long history of regulating food advertisement and sales. In 2003, the U.S. Food and Drug Administration (FDA) began to require labels to include trans fat content.

The National Restaurant Association produces a helpful guide for restaurateurs - A Practical Guide to the Nutrition Labeling Law -to help the restaurant industry understand what nutrition claims it can make on its menu items.

Relation to other laws

Anti-trust

Anti-trust laws regulate business conduct to preserve competition and to prevent economic coercion. Hotel operators should not enter into an understanding regarding 1) room rates and conditions and terms of providing rooms or 2) scope of operations.

It is important to remember that a hotel operator is ordinarily responsible if its managers or employees violate antitrust laws.

Contracts

There are two main types of contracts applicable to the hospitality industry: franchise contracts and management contracts.

A franchise agreement dictates the terms, rights, and responsibilities between the franchisee and the franchisor. It covers termination policies, each party’s responsibilities, indemnification, and more. Franchise agreements should be carefully reviewed by an attorney.

A management contract covers the duties and responsibilities between a management company and the business owner. Management contracts covers fees, the management company’s investment or ownership, exclusivity, and more.

Tort laws

Torts, including negligence (as described above), intentional acts, assault, and more, are also relevant for the hospitality industry. Lodging operators need to be aware of their duties to guests in parking lots. Restaurant operators that serve alcohol should also be aware of their duties to their guests when patrons become belligerent or hostile to each other or to other guests.

Nuisance abatement

Like other businesses, hotel and motel properties are subject to a long list of health, fire safety, taxation, business licensing, municipal property standards and other local regulation. They may also be targeted by civic officials under nuisance abatement laws which hold the owners (or the management) of a property liable if criminal activity by clients results in repeated calls for service from police in a given timeframe.

Additional requirements apply to liquor license holders, such as the requirement to avoid serving intoxicated persons and enforce a legal-minimum drinking age for bar patrons. In some jurisdictions (such as Ontario, Canada) specific training is required for management and wait staff in establishments where liquor is sold.

International hospitality law

In many parts of the world, the hospitality industry is referred to as the “travel and tourism” industry or the “tourism” industry.

Several global organizations are in place to improve and promote the global travel industry, including the World Tourism Organization (WTO), the International Civil Aviation Organization (ICAO), and the World Health Organization(WHO).

Liquor and other licensing:

The sale of alcohlic bevergaes is subject to liquor licensing requirements which have 4 objectives:-

The prevention of crime and disorder

Public safety

Prevention of public nuisance

Protection of children from harm

Certain legalities….

Display of the summary of the license including days and timings of opening

Name of the registered holder license number and valid date

Drinks price list is to be displayed

Restrictions on underaged person being served alcohol

Selling goods by weights and measures

Licenses used..

• Licenses for music

• Dancing

• Gambling

• Theatrical performance

• Television display

• License for serving liquor

Grant of L-1 License :

The aspirants for the grant of L-1 Licences have to comply with the procedure as laid down in the terms and conditions for the grant of L-1 Licences which are made available in the Office during the notice period. The applicant has to submit the following documents alongwith the application on the prescribed format :

1. Solvency Certificate from SDM2. Income Tax Clearance Certificate3. No Dues Certificate from Collector (Excise)4. No Dues Certificate from Sales Tax Officer5. Declaration of distillery on affidavit regarding sale and minimum ex-distillery prices and

distance of distillery from Delhi.6. CA Certificate for sale and minimum ex-distillery prices.7. Certificate from Excise Authority concerned regarding sale figure.8. Power of Attorney9. Registered partnership deed/memorandum and Article of association /

(Distillery/Winery/Bottling Unit/Brewery).10. Duly audited annual account and balance sheet of distillery.11. Attested copy of the licence for establishment of distillery/winery/bottling unit/brewery.12. Attested photocopies of export passes/EVCs verifying the sale figure of the whisky and

rum brands for which distillery has applied.

13. Trade Mark Certificate.14. Usership agreement under Trade & Merchandise Marks Act, 1958.15. A certificate from a government authorised laboratory or other reputed private

institutions regarding quality of brand.16. An affidavit stating that there is nothing adverse or against the applicant in view of the

provision of rule 7 of Delhi Intoxicants License and Sale Rule, 1976.17. Documentary evidence to prove that the product is manufactured from natural alcohol

(Double distilled) Extra natural alcohol.

The IMFL/beer brands proposed to be sold by applicant on L-1 Licence should be owned by the distillery and in respect of IMFL brands excluding wine, the applicant should be in possession of trade mark certificate in respect of these brands. However, if the applicant has sold any IMFL brands in Delhi in the year 1993-94 or in previous years, TMC is not required in such cases.

In addition, for approval of whisky and rum brands, such brands should have sold a prescribed minimum quantity in All India Market excluding Delhi as indicated in the terms and conditions. Once the licence is approved, the applicant is required to have a Bonded Warehouse approved for storage of liquor. Broadly speaking the applicant immediately on the approval of L-1 Licence has to deposit Licence Fee, Brand registration fee and Brand Fee & apply for the following :-

1. Registration of Brands2. Approval of Bonded Warehouse3. Approval of Label4. Fixation of ex-distillery price

Grant of L-2 Licence :

L-2 Licence for retail vend of foreign liquor/beer are granted only to select undertakings of the Delhi government namely DTTDC, DSIDC, DSCSC and DCCWS. Any proposal in respect of premises for opening of a vend would come from above Corporations. As such an individual who wants to give his premises on rent for opening of vend has to approach any of these corporations, which after looking into suitability of the premises approach the office of the Commissioner of Excise for grant of L-2 licence in respect of the premises.

Broadly any premises to be suitable for opening of liquor vend should meet the following requirement :-

1. The vend premises should be in a pucca building with minimum floor area of 300 sqft. on a floor and located in commercial area.

2. The area MLA should have given his positive opinion in respect of vend premises, as regards opening of the vend.

3. The vend premises are inspected by the site selection committee.The Committee inspects the shop to ascertain that the premises meet the requirement of excise rules as below :

1. "No liquor shop for consumption off the premises shall be located within a distance of 75 metres from the following, namely:

Any industrial estate and other major construction site. Major educational institutions Religious Places Hospitals and Nursing Homes with more than twenty five beds; and Colonies of Labourers and harijans

If the proposed premises meet the above requirement and found suitable, the grant of L-2 Licence is approved and the concerned Corporation is required to deposit Rs. 1,00,000/- as licence fee before issue of licence. At present shops are in operation all over Delhi.

These vends sell IMFL/Beer brands at rates fixed by the Excise Commissioner. Retail sale rate are printed on labels of IMFL and  beer bottles. At present, while cheapest IMFL is sold in Delhi for Rs 90/ bottle, high priced scotch brands are available upto Rs. 1520/quart. Lager beer brands are sold in price range of Rs. 25/- to Rs. 40/bottle.

Grant of L-3/L-5 Licence in Hotels :

On site Consumption Licences :

 Department grants licence to hotels which are holding star classification and approval of Department of Tourism, Govt. of India which are considered necessary for grant of Licence in form L-3. This Licence is for service of liquor in a hotel to its residents. These hotels can also seek separate Licence in form L-5 for service of liquor in exclusive bar and in the restaurant in the hotel premises. The service of liquor is restricted to specified premises of bar and restaurant only. The hotel is required to submit application on its letter head accompanied by the following documents :-

Documentary proof regarding legal status of the hotel i.e. whether it is a company, partnership firm etc.

Whether the hotel is in legal possession of the plot. Completion certificate in respect of the hotel building. Trade licence from the Local Authority i.e. MCD/NDMC as the case maybe Lodging House licence from the Local Authority. Certificate of registration of eating House licence issued by the DCP (Licencing). Documentary proof regarding applicant being an Income Tax Assessee and Sales Tax-

Assessee. The applicant is required to submit lay out plan of the hotel, site plan of the licence

outlets and the liquor stores.

The applicant hotel is required to submit application to the Commissioner of Excise. After scrutiny of the papers submitted and the same having been found to be in accordance with the rules, the hotel premises is inspected by the concerned Excise Officer from the department who submits report to the licence granting authority. The inspection as above is to determine status of

the premises under the Excise rules particularly w.r.t. rule 11 of the Delhi Intoxicants Licence and Sales Rules, 1976 which provides that :-

"No liquor shop for consumption 'on' the premises shall be located within a distance of 75 metres from the following, namely :-

Schools, Colleges and other teaching institutions Religious Places

Once the hotel has been found to be suitable for grant of licence, the views of the public/residents are invited on the proposal giving them 7 days time in this regard to file objections before the licensing authority. This is done through pasting of notices and also through public announcement in the area. After no objection has been received, the competent authority proceeds with approval for grant of licence. After approval, the hotel is required to submit fees as prescribed under the rules. On deposit of the same, licence is issued to the hotel. L-5 Licence for exclusive bar/restaurant within the hotel is granted in conjunction with L-3 Licence only and requirements listed above also apply for grant of L-5 Licence.

Grant of L-4 Licence in Independent Restaurant :

L-4 Licence is granted to an independent restaurant approved by Department of Tourism, Govt. of India. Such restaurants can apply in the office of the Commissioner of Excise in prescribed form and submit documents as indicated in the application form. The restaurant should be situated in commercial area with adequate parking space. The restaurant has to meet the requirement of rule 11 of Delhi Intoxicants Licence & Sales Rules, 1976 as quoted in case of L-3/L-5 Licences conditions. Rest of the procedure for the grant of Licence is the same as indicated in case of L-3/L-5 Licence.

Grant of L-19 Licence :

L-19 Licence is granted for service of  liquor/beer in a club. The applicant is required to apply on the letter head of the club to the office of the Commissioner of Excise and the accompanying documents are to be as below:-

Registration certificate in respect of club. Documentary proof in support of legal possession of the plot of the club. NOC from the area DCP. List of members of the club. List of the office bearers of the club. Resolution passed by the Management Committee to start the bar facility in the club and

also to meet the liability thereof.

 

Grant of L-19A License

L-19A license is granted for service of Liquor/Beer at a club/mess whose membership is exclusively for Government Servants and is not run on commercial lines. The documents/procedure required for granting L-19A License is similar to the grant of L19 license.

L-19 License Fee

The following is the fee structure for L-19 License:-

Club with membership upto 800                 Rs 50,000/- pa Club with membership from 801 to 1500      Rs 75,000/- pa Club with membership more than 1500        Rs 1,50,000/- pa

L-19A License Fee

The license fee for L-19A license is fixed to Rs 5000/- p.a. irrespective of the number of members of the club.

Rest of the procedure with regard to the grant of Licence is the same as indicated in respect of L-3/L-5 Licence.

Possession limit for liquor :-

Liquor being an exciseable article can not be stored by a person like any general commodity. Possession limit has therefore been prescribed. A consumer is allowed to keep 20lts of alcohol (in any proportion) at his residence at a time for bonafide consumption by him and family members/guests. For higher possession, he can apply to the Department for L-49 License for which a fee of Rs. 2000/- is charged. The applicant has to be an income tax assessee to be eligible for this license.

LAWS RELATING TO BARS:

Alcohol and Work

According to the Occupational Health Safety and Welfare Act 1986 (SA) a worker must not, due to the consumption of alcohol or a drug, endanger their own or anyone else's safety at work (section 21. of the Act).

Employers must provide a safe working environment and safe systems of work, which includes alcohol and drug rules for the workplace (section 19. (1) of the Act).

Breaches of these sections can result in fines. In addition, public liability and criminal law proceedings may be applicable, resulting in the payment of compensation and/or a criminal record.

Alcohol and Advertising

Alcohol advertising is regulated by the Alcohol Beverages Advertising Code (ABAC) and Complaints Management System, under ABAC advertisements for alcohol beverages must present a balanced and responsible approach to alcohol consumption and must not have a strong or evident appeal to children or adolescents. A Complaints Adjudication Panel will assess any complaints about alcohol advertisements to ensure unbiased interpretation of the code and independent adjudication on any complaint. Complaints regarding content of alcohol advertisements considered offensive may be directed to the Advertising Standards Board's national office in Canberra.

In particular, a licensee must not display or publish an advertisement for liquor or promote liquor in a way that tends to:

encourage minors to consume liquor encourage rapid or excessive consumption of alcohol

The Sale and Consumption of Alcohol:

The major legislation which controls the sale and consumption of alcohol is the Liquor Licensing Act 1997 (the Act). The principal aim of the Act is to minimise the harm associated with the consumption of alcohol

Key terms defined in the Liquor Licensing Act 1997

licensed premises are premises which are licensed to sell or to allow consumption of liquor, including those premises which have had their licences suspended.

regulated premises include any licensed premises; a restaurant, café or shop; an amusement parlour or arcade; a public place that is used for financial gain; or a public conveyance including a bus, limousine or vessel.

responsible person means a person who is approved as responsible for supervising and managing the business conducted under the licence.

beer includes beer, ale, lager, stout or liquor of any other kind produced by brewing. liquor means a beverage which at 20° C contains more than 1.15% alcohol by volume

and includes any substance declared by regulation to be liquor for the purposes of the Act.

spirits means liquor of any kind produced by distillation. wine includes mead, cider, perry and any other fermented liquor produced from fruit,

vegetables, berries or honey, but does not include a product produced by blending wine with other beverages.

Key aspects of the Liquor Licensing Act 1997

Licences to sell alcohol are only granted to applicants who can demonstrate to the Liquor and Gambling Commissioner that:

they have the knowledge, skills and experience to handle the sale of liquor in an appropriate manner

liquor will not be sold or consumed in a manner that is likely to adversely affect the amenity of the locality or is otherwise against the public interest

they are a fit and proper person to be licensed the premises are suitable to be licensed for the purpose sought and all necessary

approvals, including development and building approvals, have been obtained

A person who sells liquor without being licensed to do so under the Act is guilty of an offence and is liable to a penalty of $20 000.

 

The Act provides for 11 classes of licence:

hotels: liquor can be sold for consumption on the premises as well as to take away. Unless specifically exempted, hotels must also provide meals, and must be open during certain hours.

residential: motels, boarding houses and similar places which provide accommodation as their primary focus can provide liquor to lodgers for consumption on and off the premises, and to diners and people attending a reception on the premises, and may also serve liquor without a meal to patrons seated at tables, if authorised by the Liquor and Gambling Commissioner.

restaurants: can serve or permit liquor to be consumed on the premises with a meal, and may also serve liquor without a meal to patrons seated at tables, if authorised by the Liquor and Gambling Commissioner.

entertainment venues: can sell liquor to a diner for consumption in a designated area with a meal at any time, or between 9.00 p.m. and up to 5.00 a.m. when live entertainment is provided, and may also serve liquor without a meal to patrons seated at tables, if authorised by the Liquor and Gambling Commissioner.

clubs: can sell liquor for consumption on the premises only (unless their licence has specific provisions allowing carry-off sales).

producers: can sell their product for consumption off the premises, can sell to diners and can sell or supply liquor by way of sample for consumption on the premises.

direct sales: liquor can be sold at any time through orders placed by mail, telephone, fax or internet or other electronic communication (delivery times are regulated).

retail liquor merchants: can sell liquor for consumption off the premises and can sell or supply liquor by way of sample for consumption on the premises.

wholesale liquor merchants: can sell liquor for consumption off the premises (predominantly to other liquor merchants) and can sell or supply liquor by way of sample for consumption on the premises.

special circumstances licensees: can sell liquor on the premises according to conditions specified by the licence.

limited licence: a short-term licence designed for particular activities such as community festivals or other one-off events.

Near to the entrance of the premises a copy of the licence must be displayed which includes the name of the licensee. A plan of the premises must be kept on the licensed premises and produced to an authorised officer on request

Complaints against licensed premises

The police and the Liquor and Gambling Commissioner are responsible for enforcing the Act. Complaints should be directed to the Liquor and Gambling Commissioner in the first instance and may, if necessary, be referred to the police. The Act also provides for lodging complaints about the noise or behaviour of patrons on or near licensed premises. The Commissioner is empowered to conciliate complaints and if this fails, the matter is referred to the Licensing Court.

Laws Relating to Minors

There are several provisions under the Act which protect minors, primarily in Part 7. The Licensing Court can take disciplinary action against a licensee who breaches the Act and can fine or reprimand the licensee, change the licence conditions, suspend or revoke the licence.

Under section 107 of the Act, a licensee is guilty of an offence if they employ a minor to sell, supply, or to serve liquor on the licensed premises, unless the minor is:

16 years of age or older, and who is either the child of the licensee or person responsible for the licensed premises and a resident of the premises. An Application is then made to the Liquor and Gambling Commissioner who can approve employment of the minor for that purpose.

Licensees are required to display, in a prominent position, a notice indicating the prohibitions on supplying alcohol to minors.

On licensed premises it is an offence for minors to*:

consume alcohol (wherever obtained) buy alcohol have alcohol bought for them (this includes purchases made at drive-in bottle shops) be served alcohol by a licensee, bar attendant or patron

RESTAURANT:

As a restaurant owner, it is your responsibility to familiarize yourself with state and federal employee laws, such as those pertaining to minimum wage, overtime, and tips. Here is a basic overview of employer responsibilities, which every new restaurant owner should be familiar. Failure to comply with these rules can result in hefty fines from local, state and federal authorities.

1. Minimum WageMinimum wage varies by state, so you will need to check with your local government to find out what the wage is for hourly employees as well as servers. In some states, servers have a separate minimum wage, since they collect tips.

2. TipsTips always belong to the employee. At some restaurants, employees pool their tips. That means that they all put their tips together and divide them up equally at the end of the night. This is completely voluntary, and employers cannot make their staff use this practice.

3. OvertimeOvertime refers to hours worked beyond the standard 40-hour week. If an employee works overtime, they get paid time and half. For example, if a cook who is paid $12.00 an hour works 45 hours, five of those hours will paid at $18.00 an hour. It is a good idea to limit overtime, otherwise you payroll costs will skyrocket. Occasionally an employee might offer to work overtime for their regular wage, to get more hours. Regardless of their wiliness to work for their regular wage, employers must pay overtime.

4. MinorsThe hours and job positions a minor can work vary by state. For example, in the State of Maine a minor may work at 15, but they can’t serve liquor until 17 nor can they pick up knives (even to wash them) because it is considered too dangerous. Minors also have very stringent hours they can work during the school year. Always verify a minors age, with a birth certificate, drivers license or social security number.

5. Alien WorkersAlien workers, or immigrants, are another example of where you want to be sure and verify their worker eligibility. The last thing you need as a new restaurant owner is to be accused of hiring illegal aliens to work for you, simply because you didn’t validate their visa or work permit.

Licenses and Permits–Restaurants typically need a food service establishment permit, an alcohol beverage license, a general business license, and a food safety permit (more on that below). Use SBA’s Permit Me tool to help pinpoint the exact licenses and permits you need based on your zip code and business type. If you intend to operate a mobile concession stand, you’ll also need to get the right permits for the cities and counties where you operate, not just for your main business address. Food Safety –While health codes vary depending on location, all codes require restaurants to safely handle, store, and prepare food. You will need to obtain a permit from your local

environmental health department certifying that your restaurant has met county, state, and federal requirements. Plan ahead by submitting your application a month or so before opening. They will also require employees to maintain good hygiene. Restaurants are usually inspected once every two years after opening. Be sure to get a copy of your local health codes and refer to it frequently to ensure compliance.

Food and Beverages Law, regulated by international, federal, state and local authorities covers the handling, preparation and storage of food in ways that prevent foodborne illness, food contamination and food poisoning.

Consumer Product Safety Commission - The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals.

Department of Health and Human Services (HHS) -The Department of Health and Human Services (HHS) is the United States government's principal agency for protecting the health and providing essential human services, especially for those who are least able to help themselves.

Egg Products Inspection Act- Under the Poultry Products Inspection Act (PPIA), FSIS provides inspection for all poultry products sold in interstate commerce, and reinspects imported products to ensure that they meet food safety standards.

Federal Food, Drug, and Cosmetic Act (FD&C Act) -The FDA's online reference edition of the Federal Food, Drug and Cosmetic Act is based on the publication Compilation of Selected Acts Within the Jurisdiction of the Committee on Energy and Commerce; Food, Drug, and Related Law

Federal Meat Inspection Act- Under the Federal Meat Inspection Act (FMIA), FSIS provides inspection for all meat products sold in interstate commerce, and reinspects imported products to ensure that they meet food safety standards.

Food and Drug Administration Amendments Act (FDAAA) - On Sept. 27, 2007, the President signed into law the most recent amendments and reauthorized some existing provisions in what is called the Food and Drug Administration Amendments Act (FDAAA) of 2007.

Food Contact Notification -This guidance represents FDA's current thinking on the Administrative Recommendations for preparation of Food Contact Substances. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirement of applicable statutes and regulations. This guidance is being issued in accordance with FDA's Good Guidance Practices regulation

Food Facility Registration -To carry out certain provisions of the Bioterrorism Act, FDA has established new regulations requiring that: Food facilities are registered with FDA, and FDA be given advance notice on shipments of imported food.

Food Inspections and Compliance The food industry is responsible for producing safe food. Government agencies are responsible for setting food safety standards, conducting inspections, ensuring that standards are met, and maintaining a strong enforcement program to deal with those who do not comply with standards.

Food Labeling Policies -The Food Standards and Labeling Policy Book, Policy Memorandums, A Guide to Federal Food Labeling Requirements for Meat and Poultry Products, directives and other resource material regarding labeling of meat, poultry, and egg products can be found here.

Food Safety and Inspection Service (FSIS) -The Food Safety and Inspection Service (FSIS) is the public health agency in the U.S. Department of Agriculture responsible for ensuring that the nation's commercial supply of meat, poultry, and egg products is safe, wholesome, and correctly labeled and packaged.

Irradiated Food and Packaging Policy- The U.S. Food and Drug Administration (FDA) is responsible for regulating the use of irradiation in the treatment of food and food packaging. This authority derives from the 1958 Food Additives Amendment to the Federal Food, Drug, and Cosmetic Act (FD&C Act) where Congress explicitly defined a source of radiation as a food additive (Section 201(s) of the FD&C Act).

Labeling and Program Delivery Division (LPDD)- The Labeling and Program Delivery Division (LPDD) develops policies and inspection methods and administers programs to protect consumers from misbranded and economically adulterated meat, poultry, and egg products.

Listing of Color Additives Exempt From Certification- The Food and Drug Administration (FDA) is amending the color additive regulations to increase the permitted use level of bismuth citrate as a color additive in cosmetics intended for coloring hair on the scalp.

Poultry Products Inspection Act -Under the Poultry Products Inspection Act (PPIA), FSIS provides inspection for all poultry products sold in interstate commerce, and reinspects imported products to ensure that they meet food safety standards.

Recalls, Market Withdrawals and Safety Alerts -This section includes the most significant product actions over the last five years based on the extent of distribution and the degree of health risk. In this section, you will find a listing of FDA and industry press releases regarding the product recalls.

Report a Problem with Food -If you suspect that a food is contaminated or has made you or someone that you know sick, then you can report it to the restaurant or hotel, so that proper action is taken on time.