Category Archives Issue 342

The United Nations (U.N.) has reportedly balked at a proposal to ban the international trade of Eastern Atlantic and Mediterranean bluefin tuna, an endangered species prized by sushi aficionados. Gathered in Doha, Qatar, for the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), U.N. member states voted 20-68 to reject the measure, which was supported by environmentalists but opposed by the Japanese and Canadian governments. The latter had apparently argued that regulation of the bluefin trade should fall under the jurisdiction of the International Commission for the Conservation of Atlantic Tunas (Iccat). In addition, the European nations with bluefin fishing fleets for the most part abstained from voting. Meanwhile, the United Nations and other environmental regulators have expressed disappointment with the result and questioned Iccat’s ability to effectively manage the vulnerable fisheries. EU Environment Commissioner Janez Potocnik and Commissioner for Maritime Affairs and Fisheries Maria Damanaki…

The U.S. Department of Agriculture (USDA) has announced an April 26-29, 2010, meeting of the National Organic Standards Board (NOSB), which makes recommendations about whether a substances should be allowed or prohibited in organic production or handling; assists in the development of organic production standards; and advises USDA on implementation of the Organic Foods Production Act. The meeting will provide an opportunity for the board to receive updates from USDA’s National Organic Program and to hear progress reports from six NOSB committees on Compliance, Accreditation and Certification; Crops; Handling; Livestock; Materials; and Policy Development. NOSB will also continue its assessment of substances on the National List of Allowed and Prohibited Substances, which identifies synthetic substances that may be used, and the nonsynthetic substances that cannot be used, in organic production and handling operations. In particular, NOSB will review (i) “the continued exemption (use) of 37 agricultural products not commercially available…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued temporary labeling guidance for products that contain hydrolyzed vegetable protein (HVP) recently recalled for Salmonella contamination. As companies reformulate their products due to the recall, existing labels are likely to be out of compliance and may require temporary approval for continued use. To obtain temporary approval, companies are asked to follow the instructions highlighted on the FSIS website and submit a request to the FSIS Labeling and Program Delivery Division, which will expedite the requests marked clearly with a justification such as “HVP temporary label submission.” FSIS will grant temporary approval for any product if the HVP is removed and any replacement ingredients do not represent an allergen concern. “In situations where negative claims or nutrient content claims appear on labeling, it is critical to stipulate that all claims will continue to be met, or provide information…

The U.S. Departments of Agriculture, Education and Health and Human Services have requested public input to assist the Task Force on Childhood Obesity. President Barack Obama (D) created the task force in February 2010 to enhance coordination among private sector companies, nonprofits, government agencies, and other organizations to address the critical health issue. The task force was directed to review objectives that include (i) ensuring access to healthy, affordable food; (ii) increasing physical activity in schools and communities; (iii) providing healthier foods in schools; and (iv) empowering parents with information and tools to make good choices for themselves and their families. With these four goals in mind, the task force is seeking recommendations on the most important actions that both the public and private sectors can take, as well as strategies capable of reaching “across geographic areas and to diverse racial, ethnic, socioeconomic, and geographic groups.” In addition, comments might identify…

The Food and Drug Administration (FDA) has issued two requests for public comments regarding proposed collections of information under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. One notice involves the registration of domestic and foreign food facilities. FDA is calling on owners, operators or agents “in charge of domestic or foreign facilities that manufacture/process, pack, or hold food for human or animal consumption in the United States,” to provide comments on (i) whether FDA’s proposed information collection is necessary for the agency’s performance and the information has practical utility, (ii) the accuracy of the agency’s information collection burden estimates, (iii) ways of improving the “quality, utility, and clarity of the information to be collected,” and (iv) ways to minimize collection burdens. The second notice concerns the collection of information pertaining to prior notice of imported food. Under the Act, FDA must “receive prior notice for…

The Food and Drug Administration (FDA) has requested public comments on how the agency can increase transparency in its interactions with regulated industry. According to a March 12, 2010, FDA press release, the agency regulates products responsible for approximately 25 percent of the U.S. gross national product, as well as overseeing the industries that manufacture these items, which include foods, veterinary medicines, human drugs, and medical devices. FDA’s Internal Transparency Task Force, which already held public meetings in 2009, is developing “recommendations for making information about FDA activities and decisions more useful, understandable, and readily available, while protecting confidential information.” Representing FDA’s third and final phase of its transparency initiative, the latest request particularly seeks ideas on how the agency can (i) improve training and education for regulated industry about its regulatory process in general and about specific new requirements, (ii) strengthen the guidance development process, (iii) maintain open channels of…

The Food and Drug Administration (FDA) has reportedly met with spice industry representatives to consider ways to make spices safer amid a nationwide Salmonella outbreak linked to black and red pepper. According to a news source, FDA wants companies to prevent contamination by using one of three methods to rid spices of bacteria: irradiation, steam heating or fumigation with the pesticide ethylene oxide. The American Spice Trade Association is expected to address the issue at its annual meeting to be held April 25-28, 2010, in Naples, Florida. Although FDA does not possess authority to order manufacturers to treat their products, the agency recently reaffirmed its intention to take a closer look at spice handling “from farm to table” and to create a spice risk profile focusing on “microbiological contaminants and filth issues related to spices.” As FDA stated in a March 17, 2010, press release, this risk profile will help determine…

The U.S. Environmental Protection Agency (EPA) has submitted comments to USDA’s Animal and Plant Health Inspection Service (APHIS) indicating that it “does not object” to APHIS’s draft environmental impact statement (EIS) on genetically engineered (GE) alfalfa, prepared by court order after a successful court challenge to USDA’s decision to deregulate the bioengineered seed. Environmentalists convinced the court that APHIS erred in allowing GE alfalfa to be grown without conducting a detailed environmental review; they claimed that it would have deleterious effects on the environment and affect the livelihood of farmers who grow conventional or organic alfalfa. An injunction has been in place preventing the sale of GE alfalfa seed or its cultivation until the EIS is finalized. EPA did call for clarification to the EIS Surface Water discussion, which indicates that “glyphosate and its metabolite aminomethyphosphonate can be removed through standard water purification and disinfection processes such as ozonation and…

U.S. Senator Kirsten Gillibrand (D-N.Y.) has introduced legislation (S.B. 3114) that would require food distributors, retailers and health agencies to notify consumers and local officials in the event of a Class I food recall. Under the Consumer Recall Notification Act, the Food and Drug Administration (FDA) could ask grocery stores and other retailers to provide “on-site notification” where recalled foods are sold. In addition, purveyors that track data through customer card systems would need to alert, by phone and mail, the purchasers of recalled items or risk civil penalties of $100 per customer. Suppliers would also need to notify “applicable retail establishments and restaurants” within 24 hours of a Class I recall to avoid a $1,000 penalty per day, per notification of each level of distribution. “In America, in 2010, it is unconscionable that we don’t have an effective way to communicate food-borne illness outbreaks to consumers and health departments,”…

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