Category Archives Issue 341

Facing budget shortfalls in the upcoming fiscal year, several state and city legislatures are reportedly considering a tax on sugar-sweetened beverages. Kansas Senator John Vratil (R-Leawood) this week proposed a bill (S.B. 567) that would tax such products, including energy and sports drinks, at the rate of one penny per teaspoon of sugar. According to its proponents, the measure would add a dime to the cost of a typical 12-ounce soft drink and raise approximately $90 million per year. “The thinking is No. 1, we need money,” Vratil was quoted as saying. “But perhaps just as importantly, obesity is a real, growing problem.” See The Kansas City Star, March 9, 2010. In addition, Philadelphia Mayor Michael Nutter has introduced a FY 2010-11 budget that includes a 2-cent-per-ounce tax on the distribution of sugary drinks. Media sources have apparently likened the measure to current excise taxes or the 10 percent “liquor-by-the-drink” tax.…

While the city of Zurich reportedly employs a lawyer to represent animals in cases alleging abuse or excessive cruelty to animals, Swiss voters have overwhelmingly rejected a measure that would have expanded the practice throughout the country. Some 70.5 percent of the electorate defeated a proposal that would have required paying 25 or more lawyers to prosecute humans on behalf of abused animals. Some have attributed the outcome to recent press reports that Zurich’s animal advocate was involved in prosecuting an angler who boasted that it took him some time to reel in a 22-pound pike. The angler was charged with and prosecuted for causing excessive suffering to the animal, but later acquitted. Although the pike story attracted numerous animal rights fans, many Swiss apparently did not believe that fish need legal representation. See The Guardian, March 5, 2010; The New York Times, March 8, 2010.

The Department of Justice (DOJ) was scheduled to begin a series of antitrust workshops March 12, 2010, in Iowa, to hear from agricultural interests about consolidation and competition in the industry. The workshops have drawn considerable commentary, with some focusing on the biotechnology giants that control most of the patented soybean and corn seeds in the country and others suggesting that small family farms are being excluded from the proceedings. The consumer advocacy organization Food & Water Watch launched a petition drive calling on supporters to encourage DOJ to “break the monopolies.” According to the organization’s outreach director, four companies process more than 85 percent of U.S. beef cattle, two companies sell 50 percent of U.S. corn seed, one company controls 40 percent of the U.S. milk supply, and five companies “dominate the grocery sector.” Focusing on competition in the seed, dairy, poultry, beef, and crop industries, the hearings, which…

U.S. Senator Kirsten Gillibrand (D-N.Y.) has responded to a recent recall of melamine-tainted milk from China by urging her peers to pass country-of-origin labeling (COOL) legislation (S.B. 1783) for all dairy products sold in the United States. Introduced by Al Franken (D Minn.) as the Dairy COOL Act of 2009, the bill would extend current labeling requirements for nuts, fruits, vegetables, meats, and seafood to milk, cheese, yogurt, ice cream, and butter. “We must do more to protect consumers and provide a competitive edge to New York dairy farmers,” Gillibrand said in a March 3, 2010, press release. “All consumers have the right to know whether the milk, yogurt and cheese that we buy are made in Upstate New York or China.” See Dairy Reporter.com, March 4, 2010. The International Dairy Foods Association (IDFA) in 2009 registered opposition to the proposal, which is still under consideration by the Senate Committee on…

The White House Office of Management and Budget (OMB) has reportedly completed its review of the U.S. Environmental Protection Agency’s (EPA’s) proposal to take saccharin off its list of hazardous substances and wastes. The action will apparently allow EPA to grant a six-year-old industry petition claiming that scientific data suggest the artificial sweetener is “not as harmful as once thought.” EPA, which is expected to seek public comment on its proposed de-listing in April 2010, has apparently found that the “current weight of scientific evidence supports the petitioner’s request.” The substance was placed on EPA’s list when it was created in 1980 because the Food and Drug Administration had previously determined that saccharin was a potential human carcinogen. The National Toxicology Program removed it from its own list of carcinogens in 2000. See InsideEPA.com, January 5 and March 10, 2010.

The European Food Safety Authority (EFSA) recently published a second series of opinions on a list of “general function” health claims for foods. EFSA’s Panel on Dietetic Products, Nutrition and Allergies assessed the scientific data submitted to substantiate more than 400 hundred health claims; its opinions are forwarded to the European Commission and member states, which ultimately decide whether to authorize the claims. Among other matters, the panel generally allowed adequately supported claims related to vitamins and minerals, but rejected “probiotic” and “antioxidant properties” claims for lack of information and evidence. EFSA apparently expects to complete its work by 2011, depending on the final number of claims received. See EFSA News Release, February 25, 2010.

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced a March 23, 2010, public meeting to discuss draft U.S. positions for the 26th Session of the Codex Committee on General Principles (CCGP) slated for April 12-16, 2010, in Paris, France. Issues to be discussed include (i) “Draft Revised Code of Ethics for International Trade in Foods”; (ii) “Review of the Risk Analysis Policies of Codex Committees”; (iii) “Definition of the Term ‘Competent Authority’”; and (iv) “Discussion Paper on the Development of Joint Codex and World Organization for Animal Health Standards.” FSIS has also announced a March 29, 2010, public meeting to discuss draft U.S. positions for the 4th Session of the Codex Committee on Contaminants in Food (CCCF) slated for April 26-30, 2010, in Izmir, Turkey. Agenda items include proposed draft maximum levels for melamine in food and feed and a priority list of contaminants and…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) held a March 10, 2010, public meeting to discuss agency procedures “for identifying suppliers of source material used to produce raw beef product that FSIS has found positive for Escherichia coli (E. coli) O157:H7.” FSIS announced the meeting as part of its ongoing efforts to evaluate “the effectiveness of its policies and procedures in responding to findings that raw beef is positive for E. coli O157:H7.” In particular, FSIS intends to issue “new instructions to Enforcement, Investigations, and Analysis Officers (EIAOs) to conduct additional verification activities at suppliers in response to positive E. coli O157:H7 results.” The agency will accept public input on these issues until May 7, 2010. See FSIS Press Release, March 3, 2010; Federal Register, March 8, 2010.

Food and Drug Administration (FDA) inspectors issued a report March 4, 2010, stating that Basic Food Flavors, Inc., the Las Vegas-based company at the center of a massive and growing food recall, “continued to distribute HVP [hydrolyzed vegetable protein] paste and powder products” for nearly a month after receiving the first lab results “indicating the presence of Salmonella in your facility.” While no illness has apparently yet been attributed to the HVP, it is used in dozens of products. As of March 11, FDA had identified some 150 products containing HVP, including bouillon, dressing and dressing mixes, frozen foods, ready-to-eat meals, sauces and marinades, snacks and snack mixes, soups, soup mixes and dip mix products, and stuffings. According to some quality management specialists, this outbreak could be particularly challenging because HVP is considered a generic commodity; it can be purchased from many different suppliers, stored without an effective tracking system for…

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