The Campaign for a Commercial-Free Childhood (CCFC) and Corporate Accountability International (CAI) published an April 25, 2014, letter to U.S.Department of Agriculture (USDA) School Programs Branch Chief Julie Brewer, criticizing a proposed rule that would require schools “to implement policies for the marketing of foods and beverages on the school campus during the school day consistent with nutrition standards for Smart Snacks.” According to the letter, the proposal not only gives a “green light” to food marketing in schools, but “opens the floodgates for many other types of marketing in schools.” Claiming that “the commercialization of childhood is linked to a host of problems facing children today that extend well beyond the consumption of unhealthy foods,” CCFC and CAI have asked USDA to acknowledge that “commercial-free school environments are preferable to those that allow marketing.” The letter also takes issue with the agency’s “Smart Snacks” program, alleging that the nutrition…
Category Archives Legislation, Regulations and Standards
The Chicago City Council has reportedly passed, 36-10, a ban on plastic bags at chain stores (i.e., at least three locations with the same owner) beginning in August 2015 for those larger than 10,000 square feet and August 2016 for smaller establishments. The prohibition follows several months of debate on the measure, with environmental advocates contending that the ban will reduce the number of bags littering the city and store owners arguing that more expensive paper bags will lead to higher prices. See Chicago Tribune, April 30, 2014. Issue 522
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has issued an updated table of available hazard identification documents or materials for chemicals considered or reconsidered for listing by the state’s qualified experts—that is, the Carcinogen Identification Committee and Developmental and Reproductive Toxicant Identification Committee—from 1996 to April 2014. The table contains links to materials on chemicals such as Bisphenol A, phthalates, MTBE, and sodium saccharin, and indicates when they were listed or de-listed. Issue 522
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has reported that the Office of Administrative Law approved regulatory amendments that “clarify the qualifications for appointment to the Carcinogen Identification Committee and Developmental and Reproductive Toxicant Identification Committee, and remove redundant language regarding required financial disclosures.” These committees review chemicals for potential listing as known to the state to cause cancer or reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986. Additional information about the amendments, which take effect July 1, 2014, appears in Issue 501 of this Update. See OEHHA News Release, April 29, 2014. Issue 522
A California Senate bill (S.B. 1000) that would require warning labels on sodas and other sugar-sweetened beverages (SSBs) was put on hold April 28, 2014, over concerns about enforcement costs of the legislation. In a 6-0 vote, the Senate Appropriations Committee referred the bill to its suspense file, which means it will be reconsidered after the state budget has been prepared. Introduced in February by Sen. Bill Monning (D-Carmel), the bill would require labels warning of obesity and diabetes risks on all beverages with added sweeteners, including soda, tea, juice, and almond/rice/soy milk products, that have 75 or more calories per 12 ounces. Labels would also be required on self-serve soda dispensers and restaurant menus. According to news sources, the California Department of Public Health expects to incur between $150,000 and $300,000 in costs to adopt regulations to implement the bill and to allow local agencies to enforce its provisions. Further,…
The U.S. Department of Agriculture's Food Safety and Inspection Service and the Food and Drug Administration have announced a June 18, 2014 public meeting in Washington, D.C., to provide information and receive comments on agenda items and draft U.S. positions for discussion during the 37th Session of the Codex Alimentarius Commission in Geneva, Switzerland, July 14-18, 2014. Agenda items include (i) proposed amendments to the procedural manual;(ii) amendments to Codex standards and related texts; (iii) proposals for theelaboration of new standards and related texts and for the discontinuation of work; (iv) matters referred to the Commission by Codex committees and task forces; (v) the Commission’s 2014-2019 strategic plan; and (vi) relations between the Commission and other international organizations. See Federal Register, April 30, 2014. Issue 522
The U.S. Department of Agriculture’s (USDA’s) National Organic Program (NOP) has issued final guidance on the use of “Made with Organic” claims on product labeling. According to NOP, the guidance seeks to clarify “the following aspects of products in this labeling category”: (i) “composition”; (ii) “compliant organic labeling claims”; (iii) “organic and nonorganic forms of the same ingredient”; (iv) “percentage of organic ingredients statements”; and (v) “ingredients or food groups in the ‘made with organic’ claim.” Available through “The Program Handbook: Guidance and Instructions for Accredited Certifying Agents and Certified Operations,” the new policies reflect NOP’s current thinking on organic product labeling. In particular, “Made with Organic” products “must contain at least 70 percent organic ingredients, excluding salt and water”; “may contain up to 30 percent nonorganic ingredients,” provided any nonagricultural ingredient is allowed by the National List of Allowed and Prohibited Substances; and “must not contain any ingredient that was produced…
In a blog post, U.S. Food and Drug Administration (FDA) Chief Food Safety Inspector Michael Taylor said that the agency will not disrupt the current practice of breweries and food manufacturers selling or donating spent grains to farmers for use as animal feed. The proposed rule would have required breweries to dry, package and inspect spent grain before it could be given to cattle, which could have cost the brewing industry an estimated $50 million per year, according to Sen. Charles Schumer (D-N.Y.). Additional details appear in Issue 519 of this Update. FDA will still issue revised proposals on spent grains this summer, but Taylor said they will not include requirements that human food manufacturers establish separate animal feed safety plans and controls to cover their by-products. “The recycling of human food by-products to animal feed contributes substantially to the efficiency and sustainability of our food system and thus is…
The U.S. Food and Drug Administration (FDA) has announced a final rule prohibiting statements on food product labels, including dietary supplements, that claim products are “high in,” “rich in,” or an “excellent source of” docosahexaenoic acid (DHA) or eicosapentaenoic acid (EPA) as well as similar claims for alpha-linolenic acid (ALA). The rule finalizes a proposed rule the agency published in 2007 without any substantive changes. Under the U.S. Federal Food, Drug, and Cosmetic Act (the Act), nutrient-content claims such as “high in” are allowed only for nutrients for which a reference level for the claim has been set, or, in some situations, if the requirements of the Act have been met, such nutrient levels can be based on authoritative statements published by certain types of scientific bodies, such as the Institute of Medicine of the National Academies (IOM). FDA apparently received notifications in 2004 and 2005 asserting that IOM had…
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has determined that the evidence is insufficient to proceed with the Proposition 65 listing process for genistein, a constituent of soy infant formula. Under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) regulations, to identify the reproductive toxicity endpoint, “it is considered necessary that the evidence for developmental toxicity has resulted entirely or predominantly from prenatal exposure,” OEHHA states. “That is not the case for genistein.” The National Toxicology Program monograph on soy infant formula apparently found “clear evidence of adverse effects of genistein in studies with gestational, lactational, and post-weaning treatment, but does not conclude that the effects could result entirely or predominantly from prenatal exposure.” See OEHHA News Release, April 16, 2014. As to OEHHA’s consideration of potential amendments to Proposition 65’s clear and reasonable warning regulations, the agency has agreed to extend the public…
