A California trial court has determined that the insurer of the nation’s largest seller of bagged fresh spinach must pay for its losses from the 2006 nationwide E. coli outbreak that led to a Food and Drug Administration (FDA) advisory against eating any fresh spinach. Fresh Express, Inc. v. Beazley Syndicate 2623/623 at Lloyd’s, No. M88545 (Cal. Super. Ct., Monterey Cty., decided August 18, 2009). The outbreak was ultimately traced to a different producer, and the insurer denied coverage. Following a bench trial, the court determined that (i) the produce company introduced sufficient evidence to establish that it committed “errors” within the policy’s meaning by failing, before purchasing spinach, to conduct a food safety audit of the field where it was grown to verify that the growers had complied with good agricultural practices; (ii) this verification of good practices compliance “was an integral and inseparable part of its safe manufacturing practices”;…
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The Boulder County Board of Commissioners has reportedly delayed a decision about whether genetically modified (GM) sugar beets can be grown on open-space land. At a August 25, 2009, public hearing, six farmers who in December requested permission to grow the beets on county land apparently asked the commissioners to delay the decision. “I don’t think any of us thought for a second that this issue would have become as emotionally charged as it has today,” one of the farmers was quoted as saying. In 2003, the commissioners voted to allow GM corn but stipulated that any new GM crop would need new permission. This spring, county staffers researched the pros and cons of GM sugar beets but during the recent meeting the commissioners asked the Parks and Open Space Department to create a broader policy that would address GM crops in general. “We do not want to be in…
The European Commission (EC) has reportedly entered the second phase of a crackdown on functional food health claims advertising a product’s purported health benefits. EC regulations currently require the European Food Safety Authority (EFSA) to draw up a “positive list” of permitted health claims by 2010, but the commission is now discussing further restrictions on functional foods that also contain high levels of sugar, saturated fat or salt. According to EFSA, the agency has received “4,185 main health claim entries” that each comprise “a food component, a health relationship and an example of wording.” This review process “takes into account the conditions of use and references available for around 10,000 similar health claims.” Meanwhile, the UK Food Standards Agency (FSA) has asked the commission to restrict advertising for products with more than 15 percent sugar content, although the final threshold appears likely to fall between 20-25 percent sugar content. Several…
The Food and Drug Administration (FDA) has issued a request for “comments and scientific data and information on acrylamide in food,” noting that the agency is considering industry guidance on this issue. Describing acrylamide as “a chemical that can form in some foods during certain types of high-temperature cooking,” the agency is seeking information from manufacturers on how to measure and reduce acrylamide levels in food. The agency has also asked responders to provide detailed feedback about: (i) techniques for acrylamide mitigation; (ii) best monitoring practices; (iii) standard practices for the delivery, storage, temperature control, reconditioning, and screening of potatoes; (iv) changes to food packaging instructions and other measures that can reduce acrylamide levels during a product’s final preparation by consumers; (v) food types for which the agency could recommend target acrylamide levels; and (vi) achievable acrylamide levels for french fries, potato chips, breakfast cereals, coffee, cookies, and other baked goods…
U.S. Department of Agriculture (USDA) Secretary Tom Vilsack has announced the creation of a Dairy Advisory Committee that will “play an important role in building a more stable market for dairy production for years to come,” according to an agency news release. The two-year committee will specifically review farm milk price volatility and dairy farmer profitability, and offer suggestions on how USDA can best address these issues to meet the dairy industry’s needs. The 15 members will include producers and producer organizations, processors and processor organizations, handlers, consumers, academia, retailers, and state agencies involved in organic and non-organic dairy at the local, regional, national, and international levels. Nominations will be accepted through September 28, 2009. See USDA News Release, August 25, 2009.
The U.S. Department of Agriculture (USDA) and U.S. Department of Justice (DOJ) have announced a series of public workshops “to explore the competition issues affecting the agricultural sector in the 21st century and the appropriate role for antitrust and regulatory enforcement in that sector.” Organized in response to “concerns about changes in the agricultural marketplace, including increasing processor concentration in some commodities,” these meetings will focus on “the dynamics of competition in agricultural markets, including, among other issues, buyer power (also known as monopsony) and vertical integration.” The workshops will also address (i) “the impact of agricultural concentration on food costs”; (ii) “the effect of agricultural regulatory status and other applicable laws and programs on competition”; (iii) “issues relating to patent and intellectual property affecting agricultural marketing and production”; and (iv) “market practices such as price spreads, forward contracts, packer ownership of livestock before slaughter, market transparency, and increasing retailer…
U.S. researchers have reportedly developed a nutrient-density classification system that offers “a positive, scientific approach to inform people about what to eat rather than what not to eat.” V.L. Fulgoni 3rd, et al., “Development and validation of the nutrient-rich foods index: a tool to measure nutritional quality of foods,” Journal of Nutrition, August 2009. The researchers apparently compared several formulas, or nutrient-rich food (NRF) indices, to the Healthy Eating Index (HEI) set by the U.S. Department of Agriculture’s 2005 Dietary Guidelines for Americans Committee, which called for “a scientifically valid definition of nutrient density to help with nutrition guidance.” This definition would help consumers choose nutrient-dense foods better suited to fulfill the HEI recommendations. According to the study, the NRF index most closely aligned with HEI is based on 100 calories and weighed nine “nutrients to encourage” (calcium, fiber, iron, magnesium, potassium, protein, and vitamins A, C and E) against three…
A recent audit of food allergen labeling practices has reportedly concluded that “deficiencies and ambiguities are prevalent,” calling on federal agencies to back the “strict enforcement of labeling laws as well as additional regulation.” M.M. Pieretti, et al., “Audit of manufactured products: use of allergen advisory labels and identification of labeling ambiguities,” Journal of Allergy and Clinical Immunology, August 2009. In their review of 20,241 products, researchers identified 25 different allergen advisory terms including “may contain,” “shared equipment” and “within plant.” They also noted that “nonspecific terms, such as ‘natural flavors’ and ‘spices,’ appeared on 65 percent of products and were not linked to a specific ingredient for 83 percent of them.” The study specifically raised questions about the labeling of soy-derived lecithin and refined oils containing soy. The Food Allergen Labeling and Consumer Protection Act (FALCPA) requires manufacturers to list “soy” as an ingredient in lecithin-containing products, but does…
Chinese researchers studying seven women purportedly exposed to nanoparticles in the workplace for 5-13 months sought to determine if their shortness of breath and pleural effusions could be linked to their exposure. Y. Song, et al., “Exposure to nanoparticles is related to pleural effusion, pulmonary fibrosis and granuloma,” European Respiratory Journal, August 20, 2009. According to the abstract of their article, “polyacrylate, consisting of nanoparticles, was confirmed in the workplace,” and electron microscopy revealed nanoparticles in “the cytoplasm and caryoplasm of pulmonary epithelial and mesothelial cells,” as well as in the chest fluid of the subjects. The researchers have concluded that the cases “arouse concern that long-term exposure to some nanoparticles without protective measures may be related to serious damage to human lungs.” The research has generated debate among nanotech researchers and scientists. Two of the women studied have reportedly died. Working in an unidentified Chinese printing factory, they were apparently…
The American Veterinary Medicine Association (AVMA) has submitted a report to Congress that challenges the 2008 findings of the Pew Commission on Industrial Farm Animal Production, which supports legislation (H.R. 1549 and S. 619) seeking to prohibit or limit the use of low-level antibiotics in agriculture. Signed by 20 food producer organizations, an introductory letter states that the Pew Commission and other supporters of the Preservation of Antibiotics for Medical Treatment Act (PAMTA) “offer no new information or data to make their case, but rather echo inaccurate messages.” The signatories have called on the Obama administration to honor its pledge to base its regulatory decisions on “the best available science,” not the opinions of “PhD issue advocates or animal rights activists.” AVMA specifically faults the Pew Commission for failing to “incorporate the findings and suggestions of a significant number of participating academicians.” Focusing on the areas of antimicrobial resistance, the environment…
