The Texas Department of State Health Services (DSHS) has ordered a San Antonio produce plant to stop processing food and recall all products shipped since January 2010 because “laboratory tests of chopped celery from the plant indicated the presence of Listeria monocytogenes.” DSHS has prohibited Sangar Fresh Cut Produce from reopening without approval from the department, which issues such orders when conditions pose “an immediate and serious threat to human life or health,” according to an October 20, 2010, DSHS press release. After an eight-month investigation into a Listeriosis outbreak that included five deaths, DSHS allegedly linked Sangar’s chopped celery to six illnesses in people “with serious underlying health problems.” State inspectors also reportedly “found sanitation issues at the plant and believe the Listeria found in the chopped celery may have contaminated other food product there.” The recall primarily affects fresh produce sealed in packages and distributed “to restaurants and…
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In its ongoing review of food product health claims, the European Food Safety Authority (EFSA) has adopted 75 new opinions addressing 808 claims. EFSA’s independent scientists opined that claimed functional-food effects, such as improves the “immune system” or “immune function,” “supports immune defences,” “reduces inflammation,” or “decreases potentially pathogenic gastro-intestinal microorganisms,” were either insufficiently defined or unsupported by scientific data. The authority also turned aside claims that the probiotic bacteria in a specific brand of yogurt maintain immune defenses against the common cold. According to a news source, the scientific studies that yogurt-maker Yakult submitted to justify such claims were inadequate. Some suggest that this week’s rulings by EFSA have seriously compromised industry efforts to promote functional foods, in which companies have made significant investment. Industry is reportedly challenging the determinations, complaining that the authority is applying excessively rigorous standards, and has asked for meetings to discuss the criteria used.…
The European Commission has reportedly proposed a five-year ban on animal cloning for food production in the European Union (EU), but stopped short of prohibiting meat and milk from clone offspring. According to an October 19, 2010, Europa press release, the plan would also suspend “the use of cloned farm animals and the marketing of food from clones,” while envisaging “the establishment of a traceability system for imports of reproductive materials for clones, such as semen and embryos of clones.” In issuing its decision, the Commission stressed animal welfare concerns but also noted that “there is no scientific evidence confirming food safety concerns regarding foods obtained from cloned animals or their offspring.” It emphasized that the proposal would not suspend cloning “for uses other than food, such as research, conservation of endangered species or use of animals for the production of pharmaceuticals.” As Health and Consumer Policy Commissioner John Dalli…
The U.S. Department of Agriculture’s Agricultural Marketing Service has announced the availability of five draft guidance documents for National Organic Program (NOP) certifying agents and certified operations. The documents cover the following topics: (i) Compost and Vermicompost in Organic Crop Production (NOP 5021); (ii) Wild Crop Harvesting (NOP 5022); (iii) Outdoor Access for Organic Poultry (NOP 5024); (iv) Commingling and Contamination Prevention in Organic Production and Handling (NOP 5025); and (v) The Use of Chlorine Materials in Organic Production and Handling (NOP 5026). Once finalized, the guidance will become available through “The Program Handbook: Guidance and Instructions for Accredited Certifying Agents (ACAs) and Certified Agents,” which provides “those who own, manage, or certify organic operations with guidance and instructions that can assist them with complying with the [NOP] regulations.” To this end, NOP will accept written comments on the drafts until December 13, 2010. See The Federal Register, October 13,…
The American Organic Hop Grower Association (AOHGA) has reportedly persuaded a National Organic Standards Board (NOSB) subcommittee to reverse a recommendation that aimed to keep hops on the National List of Allowed and Prohibited Substances, which governs the use of synthetic and non-synthetic materials in organic production and handling. In advance of an October 25-28, 2010, public meeting in Madison, Wisconsin, NOSB had requested feedback on a number of National List exemptions, including one that currently permits the use of non-organic hops in organic beer. Although the NOSB Handling Committee initially backed a continuation of this policy due to the limited availability of organic hops, AOHGA faulted NOSB for holding hops “to a higher standing than virtually any other agricultural product” by allegedly insisting that all 150 varietals become available in organic form before removal from the list. AOHGA thus urged organic beer brewers and other supporters to petition the…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued draft guidelines for video monitoring at federally inspected meat and poultry plants. Although the guidelines do not require in-plant video monitoring, such practices can be used to help strengthen food safety and humane animal-handling practices, and to monitor product inventory and building security, according to an October 14, 2010, FSIS news release. “Records from video or other electronic monitoring or recording equipment may also be used to meet FSIS’ record-keeping requirements,” the agency stated. The guidelines stem from a 2008 USDA Office of Inspector General (OIG) recommendation that called for FSIS to “determine whether video monitoring would be beneficial in slaughterhouse establishments,” FSIS Administrator Al Almanza was quoted as saying. “In agreeing to that OIG recommendation, FSIS committed to issuing compliance guidelines for using video records and a directive clarifying FSIS’ authority to access establishment video…
According to an agricultural and food law blog, the U.S. Department of Agriculture (USDA) has published the U.S. Standards for Grades of Olive Oil and Olive-Pomace Oil, effective October 25, 2010. They supersede standards that were in effect since 1948. According to the agency, the standards “are designed to facilitate orderly marketing by providing a convenient basis for buying and selling, for establishing quality control programs, and for determining loan values. The standards also serve as a basis for the inspection and grading of commodities by the Federal inspection service.” The USDA website contains only a cached version of this document; it is unclear whether the material is undergoing some further change. See U.S. Agricultural & Food Law and Policy Blog, October 20, 2010.
The Japanese Consumer Affairs Agency has reportedly unveiled draft guidelines that would ask food manufacturers to voluntarily disclose the trans fat content of their products. Intending to finalize the guidelines by the end of 2010, the agency has called for labeling that indicates the amount of trans fat per 100 grams or per meal. The guidelines not only reflect the mandatory measures taken by other countries, but apparently aim to reduce the incidence of cardiovascular disease. According to The Japan Times, “The agency is also considering legislation to make these kinds of food labeling mandatory.” See The Japan Times, October 9, 2010.
Environment Canada has published a final order adding bisphenol A (BPA) to Schedule 1 of the Canadian Environmental Protection Act 1999 (CEPA 1999), a move that will make it easier for agencies to regulate the substance. “The Government of Canada has a strong record of taking action on Bisphenol A to protect the environment and health of Canadians,” stated Environment Minister Jim Prentice in an October 13, 2010, press release. “We are continuing our leadership on this issue and Canadians can rest assured that we are working hard to monitor and manage Bisphenol A.” Claiming that BPA exposure “can result from dietary intake, environmental media, use of consumer products, and other sources,” the final order adopts “a precautionary approach” based on animal and human studies that allegedly showed the potential for neurobehavioral and developmental effects in newborns and infants. The order also notes environmental concerns, citing evidence “that exposure to…
ASTM International, formerly known as the American Society for Testing and Materials, has announced the formation of a subcommittee to develop standards for nanoparticle-enabled consumer products, such as goods that contain nanoscale silver. The new “Subcommittee on Nano-Enabled Consumer Products” (E56.06) will be part of “Committee 56 on Nanotechnology,” established in 2005 to develop standard terms, toxicity test methods, workplace handling guidance, and other voluntary standards for organizations working with nanoengineered materials. ASTM seeks subcommittee members with expertise in analytical chemistry, measurement methods, textiles, consumer product safety, exposure assessment, and environmental chemistry. They will “develop standards for determining the presence of engineered nanomaterials in consumer products and understanding the potential for exposure from the use of these consumer products.” Planned projects include standards for measuring and evaluating the form of silver in textiles and liquids and standards for assessing nanosilver exposure potential from use of textile and liquid consumer products. See…
