The American Farm Bureau Federation (AFB) has issued a policy statement urging the Office of the U.S. Trade Representative (USTR) to “initiate a retaliation process” against the European Union over its de facto moratorium on genetically modified (GM) crops. Despite a 2006 World Trade Organization ruling that found fault with EU approval procedures for GM crops, the bloc has allegedly failed to implement “a timely and predictable regulatory process,” resulting in “substantial damage” to U.S. agriculture. Although AFB initially agreed to suspend formal action in favor of normalizing trade, the industry group has since reversed that decision. According to AFB, “If the EU does not immediately begin to make timely, science-based regulatory decisions on pending and future applications, soybean exports also are at serious risk.” See AFB Press Release, July 26, 2010. Meanwhile, the European Commission (EC) recently approved six GM corn varieties via “the usual and standard” authorization procedure,…
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The D.C. Circuit Court of Appeals has upheld, in part, the Environmental Protection Agency’s (EPA’s) denial of objections filed to its final rule revoking all residues of the pesticide carbofuran permitted on or in raw and processed foods. Nat’l Corn Growers Ass’n v. EPA, No. 09-1284 (D.C. Cir., decided July 23, 2010). EPA revoked the carbofuran “tolerances” after notice-and-comment rulemaking because it determined that aggregate dietary exposure to residues of carbofuran is “not safe” and because exposure to the chemical in drinking water exceeded “the level of concern with respect to both children and adults.” This action effectively banned its use on both domestic and imported food for human consumption. The U.S. company that makes the pesticide and several trade organizations filed objections to the revocation and a hearing request, which EPA denied. While the objectors had participated in the rulemaking proceeding, they attempted to either introduce new evidence during the…
The Food and Drug Administration (FDA) has solicited feedback on a proposed information collection related to the Pet Event Tracking Network (PETNet). PETNet would allow state and federal regulators “to quickly and effectively exchange information about outbreaks of illness in companion animals associated with pet food.” FDA has envisioned the voluntary system as a “secure, Internet-based network” that would provide a platform for members to receive and create alerts about pet food incidents. According to the agency, “The information will be used to help State and Federal regulators determine how best to use inspectional and other resources to either prevent or quickly limit the adverse events caused by adulterated pet food.” FDA has anticipated that each participating state would report via PETNet approximately 10 times per year. “[G]iven that the form only has 11 items and most are drop down fields, 20 minutes is a sufficient amount of time to…
The Food and Drug Administration (FDA) has issued a notice specifying the terms and conditions for voluntary compliance with section 4205 of the Affordable Care Act of 2010, which established nutritional labeling requirements for chain restaurants with more than 20 locations and vending machine operators with more than 20 machines. Other retailers not covered by section 4205 can elect to become subject to the federal law by registering biannually with FDA. Restaurants and similar establishments that voluntarily opt in “will no longer be subject to State or local nutritional labeling requirements unless those requirements are identical to Federal requirements,” according to the agency. Vending machine operators are already covered by state and local regulations identical to federal requirements, although Congress has “expressly provided” that they may still undertake voluntary registration. The agency will accept comments until October 21, 2010. See Federal Register, July 23, 2010.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has issued a notice of proposed rulemaking under the Agricultural Bioterrorism Protection Act of 2002, soliciting feedback on the list of select agents and toxins that could pose “a severe threat to animal or plant health, or to animal or plant products.” APHIS has requested suggestions regarding (i) “any addition or reduction of the animal or plant pathogens currently on the list of select agents,” and (ii) potential reorganization of the list “based on the relative potential of each select agent or toxin to be misused to adversely affect human, plant or animal health.” According to APHIS, “Such tiering of the list could allow for the application o different security measures for those selected agents or toxins which post a higher risk to animal or plant health if they were to be stolen or otherwise misused.” Backed by…
During a recent Senate committee hearing on consumer privacy, Federal Trade Commission (FTC) Chair Jon Leibowitz described “aggressive” efforts the agency has undertaken to protect children’s online privacy. He referred to actions taken over the past decade against website operators that collected information from children without parental consent, as required by federal law. Among the companies that agreed to pay fines and change their practices were Hershey Foods Corp., Mrs. Fields Famous Brands, Inc. and American Pop Corn Co., which allegedly failed to comply with the law when engaging children in online games and birthday-related activities. Leibowitz also noted that FTC plans to release a report later this year reflecting input from a number of stakeholder roundtables on privacy protection in an environment of new technologies and business models. According to Leibowitz, the commission is now conducting a comprehensive review of its parental notice rule “in light of changing technology,…
Senator Patrick Leahy (D-Vt.) has introduced legislation that would give federal prosecutors the authority to seek prison sentences up to 10 years for those who “knowingly place contaminated food products into the nation’s food supply.” Explaining his reason for introducing the Food Safety Enhancement Act (S.3669), the senator referred to the Salmonella contamination of peanut products in 2008 involving the Peanut Corp. of America; the outbreak purportedly “left nine people dead and sickened hundreds more.” According to a press statement, Leahy said, “The bill I introduce today would increase sentences for people who put profits above safety by knowingly contaminating the food supply. It makes such offenses felony violations and significantly increases the chances that those who commit them will face jail time, rather than a slap on the wrist, for their criminal conduct.” See Office of Senator Leahy Press Release, July 29, 2010.
The European Snacks Association (ESA) has apparently vowed to standardize product portion sizes, citing dietary recommendations and consumption patterns. In conjunction with an EU trade group representing food and beverage manufacturers, ESA has set a reference serving size that does not exceed 8 percent of the overall Guideline Daily Amount (GDA), or approximately 160 kcal. Thus, according to ESA, (i) “30g of snacks would provide 120-170 kcal, depending on the nature of the ingredients/preparation of the product”; and (ii) “30g of nuts would provide 170-200 kcal, depending on the nutritional differences between nuts and their preparation.” ESA has also promised to declare the number of portions per package so that consumers can adjust their dietary habits as needed. The European Snacks Association (ESA) has apparently vowed to standardize product portion sizes, citing dietary recommendations and consumption patterns. In conjunction with an EU trade group representing food and beverage manufacturers, ESA…
The Catfish Farmers of America (CFA) has reportedly released a commissioned report that evaluates the human health risks associated with catfish consumption. Presented to lawmakers and backed by Senate Agriculture Committee Chair Blanche Lincoln (D-Ark.), the report identifies several major hazards for aquaculture fish, including “pathogenic microorganisms, antimicrobial/drug residues, and environmental chemicals.” In particular, the findings cite regulatory surveillance testing that revealed illegal antibiotics, drugs and other chemicals in imported fish but not in the domestic aquaculture supply. “The use and resulting presence of these antibiotics can cause microorganisms to gradually become resistant to the antibiotics and their ability to treat human infections is thereby decreased,” states Exponent, Inc.’s Center for Chemical Regulation and Food Safety, which authored the report. The report thus recommends that freshwater aquaculture “should have an inspection system that differs from other seafood systems,” with an emphasis on “prevention of contamination across the entire catfish production,…
In a recent issue that celebrates the top diverse U.S. companies, including several food manufacturers and restaurant chains, Diversity Inc. calls out the food and beverage industry, in an investigative report, for marketing, public relations and lobbying tactics some believe have led to unhealthy eating habits and a national obesity epidemic. Titled How the Food Industry Profits While Society Pays, the report describes the effects of an overweight and obese society on the U.S. health care system, while noting that hundreds of hospitals have fast food restaurants on their premises. The report suggests that racial and social justice issues are implicated in the obesity epidemic, citing statistics showing that African-American, Latino and inner-city communities are saturated with fast-food restaurants. A report sidebar discusses the largest fast food chains, noting the tens of thousands of restaurants that bear their logos around the world and the ways they market to children. “On…
