OSHA has published an advance notice of proposed rulemaking, seeking data, information and comments about occupational exposure to
diacetyl and food flavorings containing diacetyl. Diacetyl is a chemical used as a butter flavoring in products such as microwave popcorn, margarine, cooking sprays, snack foods, confectionaries, and other foods with dairy, butter and cheese flavors. Workers exposed to the chemical have reportedly developed respiratory impairments including a potentially fatal disease known as bronchiolitis obliterans. OSHA is considering developing a health standard regulating occupational exposure to diacetyl and food flavorings containing diacetyl and will accept comments until April 21, 2009.

The agency requests that commenters focus on more than 60 specific questions concerning levels of exposure, number of employees exposed, symptoms and diseases found in exposed employees, exposure mitigation measures, employee training, risk assessments, and potential costs of an exposure standard, among other matters. According to OSHA, which is also seeking information about related potential airway reactive substances often used in conjunction with diacetyl, such as acetoin, acetaldehyde, acetic acid, and furfural, “[a] number of
studies, including several occupational investigations and case reports, have documented obstructive airway disease among employees exposed to airborne butter flavoring chemicals.”

Information provided by the Flavor and Extract Manufacturers Association indicated that the U.S. flavorings industry uses some 228,000 pounds of diacetyl annually, and OSHA has “identified 139 establishments, employing an estimated 8,972 employees, that produce flavorings containing diacetyl.” The Federal Register notice discusses investigations into popcorn factory employee illnesses and animal exposure studies. It also mentions several reports, including one from California’s OSHA, that the agency is considering incorporating into its standard. Among the potential approaches to regulation that OSHA is considering are (i) permissible exposure limits, (ii) engineering
controls, and (iii) respiratory protection. See Federal Register, January 21, 2009.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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