In a unanimous vote, the California Senate has voted to repeal a new provision in the health code requiring restaurant workers to wear gloves when handling food. The provision took effect in January 2014 throughout California with a compliance grace period set to end in July 2014. The measure was intended to curb foodborne illness, but restaurant industry workers petitioned to repeal the provision, arguing that hand washing is as effective as wearing gloves without the added financial or environmental cost. They also suggested that gloves would add a false sense of security because, according to a study conducted by the Centers for Disease Control and Prevention, gloved workers were less likely than ungloved workers to wash their hands when they should. Assemblyman Richard Pan (D-Sacramento), author of the bill to repeal the provision, was quoted as saying, “It is the industry standard in restaurants to prioritize cleanliness when handling food,…
Category Archives Legislation, Regulations and Standards
The European Food Safety Authority’s (EFSA’s) Panel on Biological Hazards (BIOHAZ) has issued a scientific opinion on the risk posed by Salmonella and norovirus in fresh and frozen berries. According to BIOHAZ, which reviewed the limited data pertaining to the prevalence of these foodborne pathogens in berries, the risk factors for contamination are likely to include environmental conditions, contact with animal reservoirs and insufficiently treated compost, the use of contaminated water for irrigation or chemical applications, and cross-contamination by harvesters, food handlers or equipment. To mitigate these risks, BIOHAZ urges primary producers to implement Hazard Analysis and Critical Control Points (HACCP) systems as well as Good Agricultural Practices, Good Hygiene Practices and Good Manufacturing Practices (GMP). More specifically, the scientific opinion identifies Norovirus in frozen raspberries and strawberries as “an emerging public health risk,” stressing the need for additional data to develop microbiological criteria for improved control of norovirus in…
The Centers for Disease Control and Prevention (CDC) has published a report that attributes the loss of approximately 2.5 million years of potential life, one in 10 deaths of working-aged adults and $223.5 billion in health-care and productivity costs annually to excessive drinking. The study examined data from CDC’s Alcohol-Related Disease Impact application for 2006 to 2010 to calculate the number of deaths that could be attributed to alcohol based on a list of 54 alcohol-related causes, including immediate deaths due to, for example, alcohol poisoning, as well as deaths from alcohol-related diseases like liver cirrhosis. The researchers focused especially on excessive alcohol use, defined as binge drinking (on a per-occasion standard), heavy drinking (on a drinks-per-week standard), pregnant drinking, and drinking by minors. “This analysis illustrates the magnitude and variability of the health consequences of excessive alcohol consumption in the United States,” the researchers conclude. "More widespread implementation of…
The U.S. Food and Drug Administration (FDA) has released its final guidance on the use of nanotechnology in food as well as draft guidance on use of the technology in animal food. Rather than categorically judging nanotech as either safe or harmful, the agency indicated that it will consider specific characteristics of products with nanotech as they are produced. Among FDA’s nonbinding recommendations are encouragement for food manufacturers’ considerations of composition, safety and regulatory status as well as assurance that the guidance does not change the status of products already generally recognized as safe. The agency also recommends that manufacturers assess whether their implementation of nanotech will change their safety and regulatory status by determining what the physiochemical changes of the food product may be and invites consultations with the FDA about those determinations. “Our goal remains to ensure transparent and predictable regulatory pathways, grounded in the best available science,…
Reps. Rosa DeLauro (D-Conn.) and Louise Slaughter (D-N.Y.) have introduced the Pathogens Reduction and Testing Reform Act, which would require the U.S. Department of Agriculture (USDA) to issue food recalls for meat contaminated with antibiotic-resistant pathogens such as Salmonella. Citing better protections for consumers and past deference to voluntary recalls as support for their bill, the lawmakers argue in a prepared statement that “USDA has failed to recall meat contaminated with antibiotic-resistant pathogens because they do not believe they have the legal authority to do so. This bill would ensure there is no confusion.” The measure would require USDA to recall meat, poultry and egg products contaminated by illness-causing pathogens resistant to two or more classes of antibiotics commonly used to treat human illnesses. See The Washington Post, June 25, 2014. Issue 528
A federal court in the District of Columbia has denied the request of the Black Farmers & Agriculturalists Association, Inc. to intervene in lawsuits brought by female and Hispanic farmers against the U.S. Department of Agriculture (USDA) alleging gender and race bias in the administration of farm loan and disaster benefit programs. Love v. Vilsack, No. 00-2502 (D.D.C., decided June 13, 2014). Additional information about the gender discrimination claims appears in Issue 374 of this Update. The association was not a member of the settlement class established to resolve the claims of African-American farmers who failed to file claims for administrative adjudication before the deadline expired in Pigford v. Glickman (Pigford I). Those missing the deadline saw their claims revived under the 2008 Farm Bill and consolidated in litigation collectively known as Pigford II. Details about that litigation appear in Issue 395 of this Update. The association sought (i) a declaration…
A California Assembly committee has voted 8-7 against a bill (S.B. 1000), passed in May 2014 by the Senate, to require warnings on sugar sweetened beverages (SSBs) alerting consumers that “[d]rinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.” Those on the Assembly Health Committee opposing the measure were apparently concerned that it singled out a single industry and children would not necessarily read the label. Industry advocates reportedly called the proposal unfair, because it would have required warnings on SSBs containing 75 calories while allowing higher calorie foods to be sold without them. Bill sponsor Sen. Bill Monning (D-Carmel), who also introduced unsuccessful legislation that would have imposed a tax on soft drinks, was quoted as saying, “I remain committed to pursuing this issue and being part of a broad public health campaign to educate communities about the proven health risks of sugary drinks.” See Reuters,…
In advance of the July 14-18, 2014, 37th Session of the Codex Alimentarius Commission in Geneva, Switzerland, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has published a notice soliciting public comments to inform U.S. positions on various proposed commission standard-setting actions. No deadline for submitting comments has been specified. FSIS is responsible for keeping the public informed of the activities of international standard-setting organizations, including the Codex Alimentarius Commission, which was created in 1963 by two U.N. organizations—the Food and Agriculture Organization (FAO) and World Health Organization (WHO)— to establish food standards that are often adopted and implemented by governments around the world, including the United States. Codex committees discussed in the FSIS notice include those focusing on residues of veterinary drugs in foods, contaminants in foods, food additives, pesticide residues, methods of analysis and sampling, food labeling, food hygiene, fresh fruits and vegetables, nutrition and…
The U.K.-based Action on Sugar campaign has issued a new survey allegedly revealing “the shockingly high and unnecessary levels of sugar in carbonated sugar-sweetened soft drinks,” according to a June 12, 2014, press release. After analyzing 232 sugar-sweetened drinks sold in grocery stores, Action on Sugar researchers reported that 79 percent of surveyed beverages contain six or more teaspoons of sugar per can. In particular, the campaign singled out ginger beer as one category of sugar-sweetened beverage with higher sugar levels than expected, recommending that these drinks contain only 9 grams of sugar per 100 milliliters. “Added sugars are completely unnecessary in our diets and are strongly linked to obesity and Type II Diabetes, as well as to dental caries; which remains a major problem for children and adults,” said Action on Sugar Chair Graham MacGregor. “Replacing sugar with sweeteners is not the answer: we need to reduce overall sweetness…
The New York State Senate has passed legislation (S7217A) that would ban the sale of powdered alcohol, a concentrated alcoholic beverage deemed “unnecessary” and “dangerous” by the bill’s sponsor, Sen. Joseph Griffo (R-Rome). One such product, Lipsmark, LLC’s Palcohol®, was approved in April by the Alcohol and Tobacco Tax and Trade Bureau (TTB), but the agency later reversed its approval, stating that it had been made in “error.” Lipsmark has reportedly resubmitted its application for approval. If the bill is passed by the New York State Assembly, powdered alcohol would be banned in the state even if TTB approves it to be marketed in the United States. “Should the [Food and Drug Administration] reverse its decision again and approve it, we should have a law in place to prohibit the sale of this product in New York. I hope the Assembly will join us in passing this legislation,” said Griffo.…
