Regulation of Mycotoxins in Food ¹

This paper reviews federal laws and regulations with respect adulteration of foods with mycotoxins. Toxins present in foods are generally handled as added poisonous and deleterious substances and generally if unsafe at any level to animals would imply that they may render injuriousness to humans. Aflatoxin is the only mycotoxin for which the FDA has set an action level, i.e., that level of adulteration below which the agency will generally not prosecute. However, due to environmental conditions, the FDA has repeatedly given exceptions for contaminated grain above the action level if it is to be used for animal feed. It should be noted that even though aflatoxin is a known animal carcinogen, the Delaney Clause does not apply and thus it can be present in foods. Action levels have not been established as yet for other mycotoxins.