Category Archives Legislation, Regulations and Standards

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has proposed a rule requiring that “all makers of raw ground beef products keep records” that would allow FSIS to conduct timelier recalls of potentially contaminated meat. The proposed rule would require retailers that mix meats from multiple sources to keep more detailed records identifying the source. According to a July 16, 2014, press release, previous FSIS efforts to encourage raw ground beef retailers’ maintenance of clear records have been insufficient in aiding the service in tracing the source of contaminated meat. “The improved traceback capabilities that would result from this proposal will prevent foodborne illness by allowing FSIS to conduct recalls of potentially contaminated raw ground products in a timelier manner,” said USDA Deputy Under Secretary for Food Safety Brian Ronholm. FSIS will accept comments on its proposed rule for 60 days following publication in the Federal…

The U.S. Department of Agriculture (USDA) has issued a final rule clarifying “the roles and responsibilities of USDA’s Office of the Assistant Secretary for Civil Rights (OASCR) and USDA agencies in enforcing nondiscrimination in programs or activities conducted by USDA.” Intended to “strengthen the agency’s civil rights compliance and complaint processing activities to better protect the rights of USDA customers,” the final rule requires OASCR and other USDA agencies to “collect, maintain and annually compile data on the race, ethnicity and gender (REG) of all conducted program applicants and participants by county and State.” To facilitate early resolution of complaints, the agency also stipulates that “OASCR shall offer Alternative Dispute Resolution (ADR) services to complainants where appropriate.” In addition, the final rule establishes two new protected bases: political beliefs and gender identity. “This amendment is meant to make explicit protections against discrimination based on USDA program customers’ political beliefs or…

Several major food companies have sent a letter to four U.S. senators and representatives urging Congress to direct Secretary of Agriculture Tom Vilsack to suspend revised country-of-origin labeling (COOL) rules on muscle cuts of meat because they discriminate against Canada and Mexico. The letter argues that if the WTO determines that the rule violates U.S. trade obligations, it could authorize retaliation from Mexico and Canada, which “has already issued a preliminary retaliation list targeting a broad spectrum of commodities and manufactured products that will affect every state in the country.” The new rules dictate that meat producers must disclose where their livestock was born, raised and slaughtered and can no longer commingle livestock from differing origins to ensure COOL accuracy. The food company coalition has also challenged the new U.S. Department of Agriculture rules in federal court, and the case is pending after an en banc rehearing in the D.C.…

Citizens of San Francisco and Berkeley will be voting on the implementation of a soda tax in the November 2014 elections. Similar taxes have failed to garner sufficient support in the past five years, with about 30 propositions introduced and none passed, including two that went to ballot and were defeated in California in 2012. Other countries have found more success with similar measures—among others, France and Mexico have each imposed taxes on sugary drinks. The San Francisco proposal, which needs a two-thirds vote to pass, would add a 2-cent-per-ounce tax on sugary drinks, excluding milk or natural fruit juice without added sugar, while the similar Berkeley proposal is 1-cent per-ounce and needs only a majority of the vote. See Associated Press, July 8, 2014.   Issue 529

The Danish Ministry of the Environment has stated that the government intends to pressure the European Commission to phase out certain phthalates—including BBP, DEHP, DBP, and DIBP, which are used to soften plastics such as food containers—after the European Court of Justice found that Denmark’s proposed ban on them conflicts with EU regulations. Environment Minister Kirsten Brosbøl said, “I’m putting pressure on the Commission to speed up assessment and regulation of these substances in the EU. I haven’t given up on the ban or other regulation on phthalates, and therefore I’ve asked the Danish EPA to look into whether there is a new basis for Danish phthalate regulations, if the assessment by the European Chemicals Agency does not result in common EU regulations.” According to Brosbøl, the ministry will step up efforts to educate consumers “about products containing harmful chemistry and increase the use of the Nordic Ecolabel on products…

The Scientific Advisory Committee on Nutrition (SACN) recently issued a draft “Carbohydrates and Health” report urging Public Health England (PHE) to halve the current population guidelines for added sugar intake. An independent expert panel that advises government agencies on nutrition and dietary matters, SACN created a Carbohydrates Working Group at the request of the U.K. Food Standards Agency and Department of Health to clarify “the relationship between dietary carbohydrates and health.” To this end, the working group reviewed scientific literature on “the terminology, classification and definitions of types of carbohydrates in the diet,” as well as evidence concerning the effects of dietary carbohydrates on oral, colorectal and cardiovascular health. After analyzing 225 prospective cohort studies and 403 randomized controlled trials, the working group concluded that although “total carbohydrate intake appears to be neither detrimental nor beneficial to cardio-metabolic health and colorectal health,” the consumption of added sugars increases energy intake…

The European Food Safety Authority’s (EFSA’s) Panel on Contaminants in the Food Chain (CONTAM Panel) has published a draft scientific opinion on acrylamide (AA) in food that urges the further reduction of dietary exposure to the substance. According to the draft opinion, AA is formed when the sugars and amino acids in carbohydrate-rich foods—such as coffee, fried potato products, cookies, crackers, bread, and some baby foods—undergo a Maillard reaction during high-temperature cooking. Animal studies have allegedly linked AA consumption to an increased risk of certain cancers, although the panel noted that the substance’s effects on the nervous system, pre- and post-natal development, and male reproduction are not considered a concern based on current exposure levels. To estimate human dietary exposure to AA, the CONTAM Panel analyzed 43,419 results collected since 2010 by 24 EU member states and six food associations. The findings evidently showed that infants, toddlers and other children…

Food and Drug Administration (FDA) representatives are slated to present findings of the agency’s analysis of more than 200 foods containing Class III and Class IV caramels for 4-methylimidazole (4-MEI), a chemical byproduct of manufacturing processes, during the American Chemical Society National Meeting & Exposition, August 10-14, 2014, in San Francisco, California. According to the session abstract, FDA’s analysis estimated dietary exposure to 4-MEI for six U.S. populations: infants younger than age 1; 1-year-olds; children ages 2 and older; children ages 2 to 5; children ages 6 to 12; and teenage boys ages 12 to 18. Consumer Reports has urged the agency to set standards for 4-MEI in foods and called on manufacturers to disclose the types of caramel color in their products so that consumers can avoid 4-MEI. The compound was added to California’s Proposition 65 list of substances known to the state to cause cancer in 2011 based…

The U.S. Department of Agriculture’s Office of Food Safety and the Agricultural Marketing Service have announced an August 12, 2014, public meeting in Washington, D.C., to provide information and discuss draft U.S. positions to be discussed at the 27th Session of the Codex Committee on Processed Fruits and Vegetables slated for September 8-12 in Philadelphia. Agenda items include draft standards and proposed draft annexes for certain canned fruits and quick frozen vegetables as well as a proposed draft standard for ginseng products. See Federal Register, July 8, 2014.   Issue 529

Sen. Edward Markey (D-Mass.), Rep. Lois Capps (D-Calif.) and Rep. Grace Meng (D-N.Y.) have introduced legislation that would ban the synthetic compound bisphenol A (BPA) from food and beverage containers, citing research reportedly linking BPA to a variety of health problems. In addition, the companion bills would authorize the U.S. Food and Drug Administration to grant one-year waivers from the provisions so long as the manufacturers begin labeling products that contain BPA. “The Ban Poisonous Additives Act will help ensure that our factories and our entire food supply are free from this damaging chemical,” Markey said. “It’s time to ban BPA and move to safer alternatives.” See Law360, July 9, 2014.   Issue 529

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