Category Archives Legislation, Regulations and Standards

EU environment ministers have reportedly upheld the sovereign right of nations to outlaw genetically modified (GM) crops even when approved by the European Food Safety Authority (EFSA). The European Commission (EC) had asked the ministers to overturn Austria’s and Hungary’s ban on a GM maize produced by Monsanto, but 22 states backed the countries’ measures over the opposition of the United Kingdom, The Netherlands, Finland, and Sweden. Green MEP Caroline Lucas then accused the commission of trying to “bulldoze through their pro-GM agenda in spite of public opposition.” “I just hope that [EC President José Manuel Barroso] will realize the commission needs to change its position of GMOs,” Lucas was quoted as saying. The ministers will next week consider a similar GM maize ban pending in France and Greece. Although the European Union currently imports animal feed made with GM crops, member states have balked at allowing farmers to cultivate…

The U.S. Department of Agriculture’s Agriculture Marketing Service (AMS) has announced an opportunity for soybean producers to request a referendum on the Soybean Promotion and Research Order (the Order), as authorized by the Soybean Promotion, Research, and Consumer Information Act. The referendum would require participation by 10 percent of 589,182 eligible producers, provided that one-fifth of the requests do not come from any one state. If these conditions are met, AMS will hold a referendum within 1 year of the request and publish the results in the Federal Register. The agency will accept referendum requests between May 4 and 29, 2009. See Federal Register, March 4, 2009. AMS earlier this week issued a final rule amending the Soybean Promotion, Research and Consumer Information program, also known as the soybean checkoff program, to update the number of eligible soybean producers. The USDA Farm Service Agency (FSA) based its data on information…

U.S. Senators Dick Durbin (D-Ill.), Judd Gregg (R-N.H.), Ted Kennedy (D-Mass.), and Richard Burr (R-N.C.) have introduced the FDA Food Safety Modernization Act (S. 510), which would expand and strengthen the Food and Drug Administration’s (FDA’s) authority to address the safety of the nation’s food supply. The proposal, which has reportedly attracted the support of industry and consumer groups alike, would increase the frequency of food plant inspections, expand FDA’s access to records, give the agency the authority to recall tainted food products, and require the creation of a national strategy to protect the food supply from terrorist threats and intentional contamination. Originally introduced in July 2008 with many of the same sponsors, the bill would require all food facilities to have HACCP plans in effect and allow the FDA to suspend the registration of any food facility that “has a reasonable probability of causing serious adverse health consequences or…

Health Canada has published the results of a survey it conducted to detect and measure levels of bisphenol A (BPA) in canned beverages such as soft drinks, tea and energy drinks. The federal agency detected the chemical in nearly all of the samples tested, with some of the highest levels appearing in energy drinks containing caffeine. Health Canada scientists detected no BPA in two tonic water products and one energy drink product. According to the survey, “It is believed that quinine hydrochloride, which is commonly used as a bittering agent in tonic type drinks, may interfere with BPA extraction.” While the levels found in the beverages were below regulatory limits, some scientists are reportedly concerned that the large number of sources of exposure may pose cumulative risks to human health. University of Missouri biologist Frederick vom Saal contends that harmful effects of the chemical, which mimics the effects of estrogen in…

As the Canadian Food Inspection Agency (CFIA) unveiled tougher Listeria-testing rules for ready-to-eat meat manufacturing facilities at the end of February 2009, one of the federal government’s food safety advisors reportedly claimed that the rules do not go far enough for large operations. The tougher rules resulted from last summer’s listeriosis outbreak that purportedly led to the deaths of 20 Canadians and was traced to ready-to-eat meats produced at a Maple Leaf plant in Toronto. The company reportedly cited the build up of Listeria “deep inside” two slicing machines as the most likely source. Under the new rules, effective April 1, operators producing deli meats and hot dogs must (i) begin testing food-contact surfaces up to once a week per line; (ii) look for trends in the results to catch potential problems; (iii) report all positive tests immediately to agency inspectors, who will be required to increase the frequency of…

German authorities have reportedly asked the European Food Safety Authority (EFSA) to provide a risk assessment for 4-methylbenzophenone, a food packaging chemical similar to benzophenone and hydroxybenzophenone that both have a tolerable daily intake (TDI) of 0.01 mg/kilogram of body weight. Officials alerted EFSA through the Rapid Alert System for Food and Feed after a customer identified the common photo-inhibitor in a chocolate crunch muesli product at levels approaching 798 µm/kilogram parts per billion (ppb). The European Commission has also requested a reevaluation of the TDI set for the two related chemicals. EFSA anticipates that it will publish its assessment of 4-methylbenzophenone by March 3, 2009, with an opinion on other food contact materials, enzymes, flavorings and processing aids expected by the end of May. See FoodProductionDaily.com, February 24, 2009.

Health Canada has recommended adding acrylamide to the country’s list of toxic substances. The chemical is produced when sugars and an amino acid in starchy foods are cooked at high temperatures, causing a reaction called the Maillard effect. Acrylamide has been detected in breakfast cereals, pastries, cookies, breads and rolls, coffee, and potato products such as French fries and potato chips. The chemical’s presence at high levels in carbohydrate-rich foods was discovered in 2002 by the Swedish food safety authorities. It has apparently been found to cause cancer in laboratory rats. According to a notice published in the February 21, 2009, Canada Gazette, current consumption levels “may constitute a danger in Canada to human life or health.” Comments on the recommendation must be submitted by April 22. See Globe and Mail, February 21, 2009; Foodnavigator-usa.com, February 26, 2009. Meanwhile, research recently published in the American Journal of Epidemiology reportedly shows that…

The Environmental Protection Agency (EPA), which will hold hearings on genetically modified (GM) crops during the first week of March 2009, has reportedly received a statement submitted anonymously by 26 corn-insect specialists who apparently contend that biotechnology companies are preventing them from fully researching the effectiveness and environmental impact of the industry’s GM crops. To conduct their research, the scientists must evidently seek permission from the GM seed companies because the buyers of these products are often restricted by agreements requiring them to honor patent rights and environmental regulations. The researchers reportedly claim that the companies sometimes deny permission or insist on reviewing findings before they can be published. “No truly independent research can be legally conducted on many critical questions,” according to the statement. The scientists also apparently claim that the industry’s control of GM research means they are unable to provide farmers with some information about how to…

The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have announced a public meeting on March 5, 2009, to discuss agenda items and draft U.S. positions for the Third Session of the Codex Committee on Contaminants in Foods (CCCF) slated for March 23-27, 2009, in Rotterdam, The Netherlands. Part of the Codex Alimentarius Commission established in 1963 by the Food and Agriculture Organization and World Health Organization, CCCF (i) sets maximum levels for contaminants and naturally occurring toxicants in food and feed; (ii) prepares priority lists of contaminants and naturally occurring toxicants for risk assessments by the Joint FAO/WHO Expert Committee on Food Additives; (iii) considers methods of analysis and sampling for contaminants and naturally occurring toxicants; and (iv) establishes other standards and codes of practice for related subjects. Specific agenda items for the session also include: (i) a draft practice code for the reduction of acrylamide…

The U.S. Department of Agriculture (USDA) has announced that mandatory country-of-origin labeling (COOL) will take effect as scheduled on March 16, 2009. Pursuant to an Obama administration memorandum, USDA reviewed the final rule that requires country-of-origin labeling for muscle cuts and ground beef, veal, pork, lamb, goat, and chicken; wild and farm-raised fish and shellfish; fresh and frozen fruits and vegetables; and peanuts, pecans, macadamia nuts, and ginseng sold by some retailers. Agriculture Secretary Tom Vilsack also issued an open letter to industry that urged companies to adopt several voluntary measures, such as multiple countries-of-origin designations and additional information about each production step. Further noting that the final rule’s definition of processed foods “may be too broadly drafted,” Vilsack stated that COOL might also be applicable to products subject to “curing, smoking, broiling, grilling, or steaming.” Meanwhile, the American Meat Institute (AMI) has reportedly welcomed COOL implementation after taking an active…

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