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A recent New York Times report has claimed that the failure of a new computer system used by meatpacking and processing plant inspectors did not stop untested shipments of beef, poultry, pork, and lamb from reaching consumers. According to an August 17, 2013, article by Ron Nixon, the U.S. Department of Agriculture (USDA) acknowledged the August 8, 2013, system failure but “played down the threat to public safety and insisted that the breakdown of the $20-million computer system had not compromised the nation’s meat supply.” Designed to speed up the inspection process, which involves sending meat samples to laboratories to test for E. coli and other contaminants, the new computer system is an important piece of USDA’s plan “to provide real-time information about the conditions at meat processing plants and make it easy for the agency to track food safety problems before they led to outbreaks.” But Nixon notes that…

A New York resident has filed a putative class action against Boar’s Head Provisions Co., alleging that the company’s advertising and labeling representations—“47% lower sodium,” “42% lower sodium,” and “40% lower sodium”—for some of its deli meats, including turkey breast and ham, contain as much sodium as its regular deli meat products and a higher percentage of sodium than stated when compared to U.S. Department of Agriculture (USDA) reference products. Mackles v. Boar’s Head Provisions, Co., Inc., No. 13-4855 (S.D.N.Y., filed July 12, 2013). According to the complaint, the defendant’s representations are inaccurate by a factor of more than 10 percent. The plaintiff also alleges that when he asked the company about the lower-sodium claims on its product labels, he received a letter stating that they “were submitted to and approved by the USDA.” On further investigation, the plaintiff allegedly learned from USDA that companies must ensure labeling accuracy, and…

Trade organizations representing the interests of cattle and pork producers and meat processors in Canada and the United States have filed a lawsuit against the U.S. Department of Agriculture (USDA), challenging country-of-origin (COOL) labeling regulations that took effect May 23, 2013. Am. Meat Inst. v. USDA, No. 13-1033 (D.D.C., filed July 8, 2013). They seek declaratory and injunctive relief, an order vacating the final rule, attorney’s fees, and costs. Explaining that meat producers and processors in the United States, Canada and Mexico have for years freely “commingled” livestock born, raised and processed across their borders, the plaintiffs allege that new requirements forcing them to “list separately, in sequence, the specific country where the animal was ‘born,’ the country where it was ‘raised,’ and the country where it was ‘slaughtered,’” will impose significant costs and entail extensive detail and paperwork for no health or safety reasons. They allege that the COOL regulations…

At the behest of the U.K. Food Standards Agency (FSA), an independent reviewer has issued a final report on the agency’s response “to the adulteration of processed beef products with horse and pork meat and DNA.” Authored by Pat Troop, former chief executive of the Health Protection Agency, the report evaluates FSA’s “relevant capacity and capabilities,” including (i) “the response of the FSA to any recent prior intelligence on the threat of substitution of horsemeat for beef in comminuted beef products available in the U.K.,” (ii) the “strategic, tactical and operational response” to initial test results, (iii) “communication from the FSA to the public, parliament, and other stakeholders,” (iv) FSA’s engagement with the food industry and other regulatory agencies, and (v) “the enforcement response of the FSA, in terms of the powers available and arrangements for conducting investigations into potential breaches of food law or other law, including liaison and…

The U.K. Advertising Standards Authority (ASA) has upheld a complaint against a print advertisement by the People for the Ethical Treatment of Animals (PETA) Foundation alleging that meat consumption raises heart disease and cancer risk. According to ASA’s report, the poster under review featured a child smoking a cigar and the following text: “You Wouldn’t Let Your Child Smoke. Like smoking, eating meat increases the risk of heart disease and cancer. Go vegan!” After considering two complaints questioning whether the link between meat consumption and disease risk could be substantiated, ASA concluded that the studies provided by PETA to support its claims failed to show any strong association between general meat consumption and increased risk of heart disease and various cancers. “We considered that because the ad likened the risks associated with eating any kind of meat to the risks of smoking, consumers would understand from the ad that the…

The European Food Safety Authority (EFSA) recently published its recommendations for improving meat inspection procedures in the European Union (EU) after a previous assessment found that “traditional practices... are not always suitable for detecting the main meat borne hazards such as Campylobacter and Salmonella or contamination by chemical substances.” Billed as “a major piece of work that will provide the scientific basis for the modernization of meat inspection across the EU,” the four new opinions address the potential public health risks of meat derived from solipeds, farmed game, sheep, goats, and cows, in addition to setting “harmonized epidemiological indicators” for identifying biological hazards. Looking at data on the incidence and severity of foodborne diseases in humans as well as the outcomes of various residue testing programs, EFSA’s experts ranked the biological and chemical hazards of particular concern for each species, singling out verocytotoxin-producing E. coli, dioxins and dioxin-like polychlorinated biphenyls as…

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has issued a final rule amending the Country of Origin Labeling (COOL) regulations to comply with a World Trade Organization (WTO) appellate ruling that certain provisions relating to muscle cut meat commodities were inconsistent the WTO Agreement on Technical Barriers to Trade (TBT Agreement), which includes an obligation “to accord imported products treatment no less favorable than that accorded to domestic products.” Effective May 23, 2013, the final rule requires origin designations for muscle cut covered commodities “to specify the production steps of birth, raising, and slaughter of the animal from which the meat is derived that took place in each country listed on the origin designation.” It also eliminates “the allowance for commingling of muscle cut covered commodities of different origins” and expands the definition for “retailer” “to include any person subject to be licensed as a retailer under…

The Congressional Research Service (CRS) recently issued a report to explore whether U.S. Department of Agriculture (USDA) proposed rules on labeling muscle cuts of meats will comply with World Trade Organization (WTO) findings that current country-of-origin labeling (COOL) requirements discriminate against livestock imports. Titled “Country-of-Origin Labeling for Foods and the WTO Trade Dispute on Meat Labeling,” the report reviews events that led to the WTO ruling which followed a challenge filed by Canada and Mexico to the 2008 farm bill amendments that adopted the disputed COOL provisions. A WTO arbitrator established May 23, 2013, as the deadline for the United States to comply. Various stakeholders have apparently presented a number of options to bring the United States into compliance, and USDA issued a proposed rule in March. Canada and Mexico have evidently argued that the proposed rule does not fulfill U.S. WTO obligations, and the CRS report notes that this…

According to an Environmental Working Group (EWG) analysis, more than one-half of meat and poultry samples tested in 2011 contained antibiotic-resistant bacteria. Using findings from the federal government’s National Antimicrobial Resistance Monitoring System, the report asserts that “store-bought meat tested in 2011 contained antibiotic-resistant bacteria in 81 percent of raw ground turkey, 69 percent of raw pork chops, 55 percent of raw ground beef and 39 percent of raw chicken parts.” “Consumers should be very concerned that antibiotic-resistant bacteria are now common in the meat aisles of most American supermarkets,” said EWG nutritionist Dawn Undurraga. “These organisms can cause foodborne illnesses and other infections. Worse, they spread antibiotic-resistance, which threatens to bring on a post-antibiotic era where important medicines critical to treating people could become ineffective.” See EWG News Release, April 15, 2013.

Among other measures added to the six-month Consolidated and Further Continuing Appropriations Act of 2013 signed into law by President Barack Obama (D) on March 26, 2013, are a number of provisions—or “riders”—that apparently either override previously adopted laws or require the U.S. Department of Agriculture (USDA) to ignore judicial rulings on challenges to the deregulation of genetically engineered (GE) crops. The riders reportedly include (i) cuts to a school breakfast program to avoid disruptions to food safety inspections which would have affected meat processing operations; (ii) an order that the USDA secretary rescind regulations adopted in 2012 protecting growers under contract with large chicken processors; (iii) the removal of funds from USDA’s budget to implement 2008 farm bill reforms protecting small ranchers and farmers that raise animals for slaughter; and (iv) a requirement that the USDA secretary “immediately grant” temporary permits to farmers, growers or producers on request to…

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