Category Archives Issue 403

The National Institute for Occupational Health and Safety (NIOSH) will hold a public meeting August 26, 2011, to solicit public input on a draft document titled “Criteria for a Recommended Standard: Occupational Exposure to Diacetyl and 2,3-pentanedione.” Diacetyl is a butter-flavoring chemical widely used in baked goods and microwave popcorn. Numerous lawsuits have been filed against flavoring manufacturers by workers and others alleging that inhaling the substance caused their bronchiolitis obliterans, a debilitating lung condition. Pentanedione is also a constituent of synthetic flavoring agents. NIOSH will make the draft document available online by August 12, and those wishing to participate in the public meeting must notify the NIOSH docket office no later than August 19. Public comments must be submitted by October 14. With limited meeting space, NIOSH will give priority to those who register to provide oral comments; 10 minutes will be allotted to each presenter. Among the matters…

Consumer advocacy organizations have written to Food and Drug Administration (FDA) Commissioner Margaret Hamburg to report the results of tests conducted on apple juice, showing arsenic levels above federal tolerance levels for drinking water. The organizations, Food & Water Watch and the Empire State Consumer Project, urge FDA to “establish tolerance levels for arsenic in food” and “to focus its import surveillance resources on imported juice concentrate as a product of concern and increase its testing of those imported products.” One apple juice sample apparently contained 55 parts per billion (ppb) of arsenic; the U.S. Environmental Protection Agency’s drinking water tolerance level for arsenic is 10 ppb. According to the groups’ letter to FDA, the agency has admitted that it has “established a ‘level of concern’ when arsenic levels exceed 23 parts per billion, but has no actionable levels for regulatory purposes.” See Food & Water Watch News Release, July…

The American Bakers Association and a number of other industry trade associations have submitted a citizen petition to the Food and Drug Administration (FDA) seeking regulations that would exempt those businesses engaged in storing packaged foods from hazard analysis and prevention controls applicable to food producers and processors. The petition notes that under the Food Safety Modernization Act (FSMA) Congress allowed FDA to implement its food safety provisions “in a manner that acknowledges the difference in risk posed by various types of operations.” Claiming that “storage facilities themselves pose a very limited, if any, food safety risk,” the petition notes that any potential hazards in warehouses are already addressed through existing good manufacturing practices governing warehousing and distribution facilities. The petitioners, including the Grocery Manufacturers Association, International Bottled Water Association, and Snack Food Association, seek a rule that would state, “A facility that is engaged solely in the storage, holding,…

Two U.S. senators have asked the Food and Drug Administration (FDA) to finalize standards for a 2007 proposed rule for gluten-free food labels. In a letter to FDA Commissioner Margaret Hamburg, Senators Ron Wyden (D-Ore.) and Patrick Leahy (D-Vt.) claim the delay is “creating unnecessary confusion for consumers and uncertainty for agricultural producers.” Included as part of the Food Allergen Labeling and Consumer Protection Act of 2004, the proposed gluten-free labeling rule represents the last time “any significant action on this has been taken,” the lawmakers wrote, adding that “regulatory uncertainty surrounding FDA’s inaction has led to a proliferation of ‘gluten free’ standards and labels provided by 3rd party groups.” Wyden also issued a July 21, 2011, press release asserting that “accurate and standard” labeling on gluten-free products is essential for those with Celiac disease—“a painful disorder stemming from the inability to properly digest the gluten found in breads.”

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