The Michigan Liquor Control Commission (MLCC) has rescinded “the approval of all alcohol energy drinks [AEDs],” citing “widespread community concerns aired by substance abuse prevention groups, parent groups and various members of the public, as well as the Food and Drug Administration’s (FDA’s) decision to further investigate these products.” According to a November 4, 2010, press release, the commission also believes that AED packaging “is often misleading, and the products themselves can pose problems by directly appealing to a younger customer, encouraging excessive consumption, while mixing alcohol with various other chemical and herbal stimulants.” The MLCC’s order gives retailers 30 days to remove AEDs from commerce and includes a list of affected products. “The Commission’s concern for the health, safety and welfare of Michigan citizens and the fact that there is not enough research to validate that these products are safe for consumption has made me believe that until further…
Category Archives Issue 371
Beyond Pesticides, a Washington, D.C.-based organization opposed to the use of pesticides, has issued a call for comments to the U.S. Department of Agriculture’s National Organic Program (NOP) supporting recommendations by the National Organic Standards Board that would prohibit the use of engineered nanomaterials from certified organic products. According to the organization’s blog, the board passed the recommendations during its October 25-26, 2010, meeting. Among other matters, the recommendations include a working definition for engineered nanomaterials and propose that engineered nanomaterials be prohibited in both organic production processing and packaging. The board also called for NOP to schedule a symposium on the topic to consider whether the definition is adequate and enforceable and the best regulatory approach to address the matter. Beyond Pesticides is concerned about the unknown “long-term impacts of nanomaterials on human health and the environment.”
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has published several notices pertaining to the regulation of wine and spirits. Comments on all are requested by January 3, 2011. Responding to recent action taken by the Food and Drug Administration with respect to cochineal extract and carmine, which will have to be declared on food labels because of their potential for severe allergic reactions, TTB has proposed requiring the disclosure of these ingredients on wines, distilled spirits and malt beverages. Cochineal extract and carmine are derived from an insect native to subtropical South America and Mexico. According to TTB, its proposal “would allow consumers who are allergic to cochineal extract or carmine to identify and thus avoid alcohol beverage products that contain these color additives.” TTB has also proposed amending wine labeling regulations “to allow the labeling of imported wines with multistate appellations of origin.” According to the agency, this…
The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA) has published a notice inviting public comment on its draft environmental assessment for genetically engineered (GE) sugar beets. Comments must be submitted by December 6, 2010. APHIS conducted the assessment in response to a request that it partially deregulate GE sugar beets “to authorize the continued cultivation of the GE sugar beets subject to carefully tailored interim measures proposed by APHIS.” A federal court in California determined in August that APHIS had violated federal environmental laws by approving the crop’s deregulation without the preparation of an appropriate environmental assessment. More information about the court’s decision appears in Issue 361 of this Update. When USDA then began issuing permits to sugar beet seed producers to allow GE sugar beets to be planted in fall 2010, environmental groups and farmers challenged the action, and the court found…
The Food and Drug Administration (FDA) has announced an extension of the comment period for a draft compliance policy guide that proposes “certain criteria should be considered in recommending enforcement action against animal feed or feed ingredients that are adulterated due to the presence of Salmonella.” FDA will now accept comments until December 31, 2010. Additional information about the draft guidance appears in Issue 359 of this Update. See Federal Register, October 29, 2010.
The Food and Drug Administration (FDA) has proposed two new information collections related to voluntary registration, recordkeeping and mandatory third-party disclosure under section 4205 of the Patient Protection and Affordable Care Act of 2010. Section 4205 requires chain restaurants with 20 or more locations, as well as operators of 20 or more vending machines, to disclose “certain nutritional information on certain food items offered for sale so that consumers can make more informed choices about the food they purchase.” In addition, it provides for restaurants or operators with fewer than 20 locations to biannually opt in to the federal requirements. The first proposed information collection pertains to FDA’s program for voluntary registration under section 4205. FDA anticipates that chains with 10 to 19 outlets “may choose to register, either because they are growing quickly, or because they are concerned about possible regulation.” According to FDA, “[t]he primary source of potential registrants will…
The Food and Drug Administration (FDA) has reportedly confirmed the presence of Listeria monocytogenes at a San Antonio, Texas, processing plant implicated in four deaths. According to a November 3, 2010, FDA press release, the agency’s inspection of SanGar Fresh Cut Produce identified the bacteria “in processed celery and in multiple locations in the plant environment, including on food contact surfaces.” FDA also noted that its samples matched “the DNA fingerprint of the clinical cases of listeriosis reported by the Texas Department of State Health Services [DSHS],” which last month closed the plant and ordered a recall of all products shipped since January 2010. “It comes as no surprise to us,” one DSHS spokesperson was quoted as saying. “If there was any doubt out there, this erases it. It’s another layer of confirmation that this plant had serious issues.” Additional details about the outbreak and recall appear in Issue 369…
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