Category Archives Legislation, Regulations and Standards

The U.S. Food and Drug Administration (FDA) has announced two additional public meetings, February 27, 2014, in Chicago, Illinois, and March 13 in Anaheim, California, to discuss the Food Safety Modernization Act (FSMA) proposed rule for “Focused Mitigation Strategies to Protect Food Against Intentional Adulteration.” The meetings are the second and third in a series announced in the December 20, 2013, Federal Register and on FDA’s FSMA website. The first meeting is slated for February 20 in College Park, Maryland.  

Dairy and meat industry interests have reportedly expressed concern that the federal advisory committee tasked with revising U.S. dietary guidelines, a project undertaken every five years, may be poised to prioritize production methods as a means of addressing sustainability issues. The Dietary Guidelines Advisory Committee apparently discussed in a recent round of public meetings whether eating more plants and fewer animals would provide environmental benefits. A subcommittee chair, identified as Tufts University Nutrition Professor Miriam Nelson, was quoted as saying, “Our hope within our subcommittee is that we’ll at least provide some background. All of us want to maintain healthy eating and have that food supply for years to come.” She also reportedly indicated that the subcommittee is looking into beef and dairy production methods, as well as organic versus conventional growing methods. The advisory committee is expected to present its report to the U.S. Department of Agriculture and Department…

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has issued a hazard identification document for six chemicals that will be reconsidered for listing as reproductive toxicants under Proposition 65. Used in epoxy resins or as plasticizers, the chemicals—n-butyl glycidyl ether, diglycidyl ether, phenyl glycidyl ether, methyl n-butyl ketone, methyl isopropyl ketone, and α-methyl styrene—were added to the list via the Labor Code mechanism. Changes to federal regulations affecting this listing mechanism have required that the chemicals be reconsidered. Public comments are requested by February 25, 2014, and the Developmental and Reproductive Toxicant Identification Committee will discuss them during its March 19 meeting. Manufacturers of products containing chemicals determined to be known to the state to cause cancer or reproductive toxicity are required to provide warnings to consumers under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). See OEHHA News Release, January 10, 2014.   Issue…

The European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies (NDA) has launched a public consultation for its draft scientific opinion on dietary reference values for iodine. Using data from “a large epidemiological study in European school-aged children showing that goiter prevalence is lowest for a urinary iodine concentration ≥ 100 μg/L,” NDA has proposed setting adequate intake (AI) levels for iodine at 150 μg/day for adults and between 70 μg/day and 130 μg/day for infants aged 7-11 months and all children. The panel has also recommended an AI of 200 μg/day for pregnant and lactating women, which takes into account “the additional needs due to increased maternal thyroid hormone production and the iodine uptake by the fetus, placenta and amniotic fluid” as well as “the existence of large iodine stores in conditions of adequate iodine status before pregnancy.” EFSA will accept comments on the draft scientific…

The U.S. Food and Drug Administration (FDA) has issued two final guidance documents for industry on distinguishing liquid dietary supplements from beverages. Titled “Distinguishing Liquid Dietary Supplements From Beverages” and “Considerations Regarding Substances Added to Foods, Including Beverages and Dietary Supplements,” the documents update 2009 draft guidance intended “to help dietary supplement and beverage manufacturers determine whether a liquid food product is properly classified as a dietary supplement or as a beverage, and to remind the industry of legal requirements regarding the substances that may be added to either type of product.” In “Distinguishing Liquid Dietary Supplements from Beverages,” FDA describes the factors characterizing liquid products deemed dietary supplements and those characterizing beverages deemed conventional foods. These include product claims, names, packaging, serving size, recommended daily intake, conditions of use, and product composition, as well as statements or graphic representations in labeling, advertising and other marketing practices, including promotional websites,…

More than 200 organizations, farms, grocers, individuals, and consumer and environmental rights organizations have submitted a letter to President Barack Obama (D) reminding him of his 2007 pledge “to give consumers the right to know if their food is genetically engineered (GE).” Claiming that 93 percent of Americans share his view, they call on the president to fulfill his commitment and establish a mandatory national labeling system. Among those signing the letter are the Center for Food Safety, As You Sow, Consumers Union, Greenpeace, the Sierra Club, and food companies including Eden Foods, Rudi’s, Amy’s Kitchen, Ben & Jerry’s, and Stonyfield Farm. See Center for Food Safety Press Release, January 16, 2014.  

Maine Gov. Paul LePage (R) has signed a bill (L.D. 718) that will require labeling for foods containing genetically modified (GM) ingredients if at least five other states or a state with a population of at least 20 million passes similar legislation. Restaurants will be exempt from the disclosure requirements, and alcoholic beverages and medical foods would not be required to carry the required labels. Those products subject to the law’s provisions would be required to contain “a conspicuous disclosure that states ‘Produced with Genetic Engineering,’” and such products could not described or identified as “natural.”   Issue 509

The U.K. Advertising Standards Authority (ASA) has upheld a complaint alleging that PepsiCo International Ltd. t/a Naked Juice made antioxidant health claims on its website that were unauthorized by the EU Register of Nutrition and Health Claims for Foods (the EU Register). According to ASA, Naked Juice argued that health claim guidance issued by the European Commission failed to establish whether the term “antioxidant” “was a specific health claim or a non-specific, general health claim.” As a result, the company considered that the term was a non-specific, general health claim, “and it was therefore permissible to use it, provided it was accompanied by a specific health claim which was authorized on the EU Register” – in this case, specific claims about the Vitamin C contents of the “Green Machine” and “Mango Machine” smoothies singled out in the complaint. But ASA disagreed with this reasoning, ultimately concluding that both the commission’s…

The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) has issued a request for comments on Chapter 6 and a new section of Chapter 8 of its draft document, “Criteria for a Recommended Standard: Occupational Exposure to Diacetyl and 2,3-pentanedione.” Details about diacetyl, a butter-flavoring chemical used in baked goods and microwave popcorn, and pentanedione, a flavoring agent, appear in Issue 403 of this Update. Comments will be accepted until February 10, 2014. See Federal Register, December 26, 2013.   Issue 509

The Food Safety and Inspection Service (FSIS) is requesting comments on its draft guidance for controlling Salmonella in hog slaughter facilities. Intended to “provide information on best practices to prevent, eliminate or reduce levels of Salmonella on hogs at all stages of slaughter and dressing,” FSIS issued the guidance in response to recent Salmonella outbreaks implicating pork. Stating that facilities improving contamination control at appropriate processing locations will “likely produce raw pork products that have fewer pathogens, including Salmonella,” the Salmonella Action Plan describes steps involved in the hog slaughter process and production of raw products, with each step targeting best practice recommendations for Salmonella contamination control. It also includes information on farm rearing and transport intended for establishments to share with their suppliers and producers. Comments will be accepted until March 7, 2014. See Federal Register, January 6, 2014. Meanwhile, a report from the Pew Charitable Trusts argues that FSIS…

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