A Wisconsin organic farm was reportedly scheduled to argue in court this week that state restrictions on the sale of raw milk do not apply where the sales are made to consumers who are part owners of the farm. While the legislature recently attempted to change a law that regulators contend allows incidental raw milk sales only, the state calls the farm’s sales in excess of $80,000 yearly to consumers, who each own a $10 share in the farm, well beyond what the law allows. Wisconsin’s governor vetoed the popular bill, which would have allowed on farm raw milk sales, apparently concerned that E. coli outbreaks purportedly linked to consumption of the unpasteurized product could affect the state’s entire dairy industry. Raw milk proponents dispute that any such link exists. Meanwhile, public health officials investigating a recent E. coli outbreak that has allegedly sickened eight Minnesota residents including school-aged children…
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The Environmental Law Foundation has notified more than four dozen food manufacturers and retailers that they are in violation of California’s Proposition 65 Toxics Right to Know law (Prop. 65) after testing purportedly indicated the presence of lead in numerous fruit and fruit juice products. According to the foundation, “apple juice, grape juice, packaged pears and peaches (including baby food), and fruit cocktail” products contained “enough lead in a single serving that they require a warning” under Prop. 65, and the companies, since June 9, 2009, “have exposed and continue to expose consumers of their food products to lead” every day. California’s attorney general, city attorneys and county district attorneys received copies of the notice. The foundation declares in the notices that it intends “to bring suit in the public interest” against the listed companies in 60 days to correct the Prop. 65 violations. A foundation news release indicates that…
The Judicial Panel on Multidistrict Litigation (JPML) has denied a request to transfer four pending federal lawsuits to a multidistrict litigation court, finding that the common factual questions about General Mills’s alleged nationwide marketing claims for its Yo-Plus® yogurt products are not sufficiently complex or numerous to justify consolidation. In re: General Mills, Inc., Yoplus Yogurt Prods. Mktg. & Sales Practices Litig., MDL No. 2169 (JPML, order filed June 14, 2010). Putative class actions, challenging the company’s claimed probiotic digestive benefits, are currently pending in federal courts in California, Florida, New Jersey, and Ohio. They involve statewide classes that the court found “will likely not overlap significantly.” The Florida action, already certified, is pending on interlocutory appeal before the Eleventh Circuit, and the California court stayed its class certification hearing pending the JPML’s ruling. According to the panel, “Because all plaintiffs are represented by mostly common counsel and General Mills…
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has withdrawn its proposal to establish a “safe harbor level” under Proposition 65 (Prop. 65) for fumonisin B1, a substance produced by several mold species that occur mostly in corn, wheat and other cereals. The Grocery Manufacturers Association (GMA) objected to the agency’s use of an expedited procedure. According to OEHHA’s notice, “[t]o evaluate the need for a conventional risk assessment, OEHHA would have to conduct a detailed review of the data submitted by GMA along with other relevant information that may be identified through an extensive literature search.” Because OEHHA would have been unable to timely complete its rulemaking process, it withdrew “its proposal to establish a specific level posing no significant risk using expedited methodology for fumonisin B1. “
Members of European Parliament (MEPs) have apparently voted in favor of draft legislation that would require listing energy, fat, saturated fat, sugar, and salt content on the front of food packages. Doing so, they rejected a traffic light system that sought to further emphasize the levels of salt, sugar and fat in processed foods, and opposed parallel schemes run by national regulators. According to a June 14-17, 2010, plenary session report, MEPs approved mandatory front-of-pack (FOP) nutritional information accompanied by guideline daily amounts “expressed with per 100g or per 100ml values.” They also supported (i) stating the amount of protein, fiber and trans fats “elsewhere on the packaging”; (ii) extending country-of-origin labeling regulations to all meat, poultry, dairy, and other single-ingredient products; (iii) labeling meat slaughtered without stunning; (iv) specifying country of origin for “meat, poultry and fish when used as an ingredient in processed food”; and (v) retaining the…
The Food and Drug Administration (FDA) has called for comment on “the information collection provisions of FDA’s regulations for submission of petitions, including food and color additive petitions (including labeling) and generally recognized as safe (GRAS) affirmations.” As required by the Office of Management and Budget, the agency has invited comments on the following: (i) “Whether the proposed collection of information is necessary for the proper performance of FDA’s functions, including whether the information will have practical utility”; (ii) “the accuracy of FDA’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used”; (iii) “ways to enhance the quality, utility, and clarity of the information to be collected”; and (iv) “ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.” FDA has also…
The Food and Drug Administration (FDA) and the National Oceanic and Atmospheric Administration (NOAA) have announced joint efforts to secure the safety of Gulf of Mexico seafood in the wake of the April 20, 2010, oil spill. “It is important to coordinate seafood surveillance efforts on the water, at the docks and at seafood processors to ensure seafood in the market is safe to eat,” FDA Commissioner Margaret Hamburg said in a joint press release. The agencies plan a “multi-pronged approach” that includes precautionary closures of fishing areas, increased seafood testing inspections and a “re-opening protocol” for affected Gulf waters. NOAA has apparently created a “seafood sampling and inspection plan” and is using “ongoing surveillance to evaluate new seafood samples to determine whether contamination is present” outside closed fishing areas. If the samples have elevated levels of oil compounds, NOAA said it will consider expanding the closed areas. FDA, which…
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has announced two public meetings for stakeholders to offer input on a new framework for animal disease traceability. Specific details for a proposed animal disease traceability rule will be discussed on June 24, 2010, in Salt Lake City, Utah, and July 1 in Fort Worth, Texas. Written comments will be accepted until July 30, 2010. Additional meetings will be announced in a future Federal Register notice. See Federal Register, June 14, 2010.
The U.S. Department of Agriculture’s National Organics Program (NOP) has announced a settlement agreement with one of the nation’s leading organic certifiers, which had allegedly allowed inspections of Chinese organic food operations by auditors with a conflict of interest. Under the agreement, Nebraska-based Organic Crop Improvement Association (OCIA) will be prohibited from certifying organic operations in China for one year and can be approved for re-accreditation as a certifying agent in China only if it hires inspectors with no connection to governmental or quasi-governmental entities. According to a press report, OCIA allowed government-affiliated inspectors to inspect farms operated on government-owned land and failed to properly oversee the inspectors’ activities. NOP apparently discovered the conflict during an August 2007 onsite OCIA audit and proposed revoking OCIA’s accreditation in China in July 2008. The agreement does not affect OCIA’s accreditation as an organic certifier in the United States, Canada and Latin America.…
The Dietary Guidelines Advisory Committee has released its recommendations to the secretaries of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA), outlining proposed changes to the 2005 Dietary Guidelines for Americans. This report recommends 2010 guideline revisions that will implement “a lifestyle approach including a total diet that is energy balanced and nutrient dense.” Recognizing that Americans, a majority of whom are obese or overweight, eat too few vegetables, fruits, high-fiber whole grains, low-fat milk and milk products, and seafood, while consuming too many added sugars, solid fats, refined grains, and sodium, the advisory committee endorses a shift to healthful patterns of eating, such as the Dietary Approaches to Stop Hypertension and certain Mediterranean-style diets. The committee also recommends a coordinated strategic plan to improve the overall food environment that “includes all sectors of society, including individuals, families, educators, communities, physicians and allied health professionals, public health…
