Long title | An Act to protect the public health by amending the Federal Food, Drug, and Cosmetic Act to prohibit the use in food of additives which have not been adequately tested to establish their safety. |
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Nicknames | Delaney clause (referring to part of the amendment) |
Enacted by | the 85th United States Congress |
Effective | September 6, 1958 |
Citations | |
Public law | 85-929 |
Statutes at Large | 72 Stat. 1784 aka 72 Stat. 1786 |
Codification | |
Titles amended | 21 U.S.C.: Food and Drugs |
U.S.C. sections amended |
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Legislative history | |
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The Food Additives Amendment of 1958 is a 1958 amendment to the United States' Food, Drugs, and Cosmetic Act of 1938. It was a response to concerns about the safety of new food additives. The amendment established an exemption from the "food additive" definition and requirements for substances "generally recognized as safe" by scientific experts in the field, based on long history of use before 1958 or based on scientific studies. New food additives would be subject to testing including by the "Delaney clause". The Delaney clause was a provision in the amendment which said that if a substance were found to cause cancer in man or animal, then it could not be used as a food additive.