Category Archives Legislation, Regulations and Standards

The New York legislature has passed SB 8817, which would prohibit "the distribution, sale, and offer for sale in New York" any food packaging that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS) as "intentionally added chemicals." "Food packaging is a key place to look for PFAS chemicals, as they often include non-stick components to repel grease. PFAS chemicals in food packaging can enter a human's bloodstream by leaching into food that is consumed, as well as find its way into the environment through disposal," states the bill's justification. "This bill would ban the entire class of PFAS chemicals from food packaging containers used in New York. Washington State signed similar legislation into law in April 2018. In order to protect the health and safety of New Yorkers, we must take an aggressive approach by prohibiting the use of all PFAS chemicals in food packaging."

The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) will accept comments on recommendations to update the List of Bioengineered Foods as it pertains to the National Bioengineered Food Disclosure Standard. Recommendations include the addition of sugarcane and an amendment to reflect that the only currently available trait for bioengineered summer squash is virus resistance. AMS also noted that it does not find cowpea or rice to qualify for addition to the list but is accepting comments on its assessment. Comments will be accepted until August 24, 2020.

The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance that "outlines FDA's current thinking on several topics relevant to the development of cannabis and cannabis-derived products: The source of cannabis and cannabis-derived compounds for clinical research; general quality considerations for developing drugs that contain cannabis and cannabis-derived compounds; and calculation of percent delta-9 tetrahydrocannabinol (THC) in botanical raw materials, extracts, and finished products." The agency will accept comments on the guidance until September 21, 2020.

The U.S. Department of Agriculture (USDA) and the Department of Health and Human Services (HHS) has released the first print of the Scientific Report of the 2020 Dietary Guidelines Advisory Committee, which will be used to guide dietary recommendations. Changes include a reduced recommendation for the percentage of added sugars in an adult's diet and a section for children under two years old. The report also notes the effects of COVID-19 on its findings. "As more is learned about infection by SARS-Co V-2 and the development of COVID19, it is clear that it has significant nutritional implications. These parallel epidemics, one noninfectious ( obesity and diet-related chronic diseases) and one infectious (COVID-19), appear to be synergistic. Those at most risk for the most serious outcomes of COVID-19, including hospitalization and death, are people afflicted by diet-related chronic diseases (obesity, type 2 diabetes, and cardiovascular disease). Finally, throughout the world, the…

The U.S. Food and Drug Administration (FDA) has announced that it will resume domestic inspections of regulated facilities during the week of July 20, 2020, after pausing in March due to COVID-19. "To arm our investigators with the most reliable and accurate information, the FDA has developed a rating system to assist us in determining when and where it is safest to conduct prioritized domestic inspections," the agency states. "The COVID-19 Advisory Rating system (COVID-19 Advisory Level) uses real-time data to qualitatively assess the number of COVID-19 cases in a local area based on state and national data. We are also making the Advisory Level data available to our state partners who carry out inspections of FDA-regulated entities on the agency’s behalf under contract." The agency also announced that the inspections will be pre-announced. "The FDA has also determined that, for the foreseeable future, prioritized domestic inspections will be pre-announced…

The U.S. Food and Drug Administration (FDA) has released a blueprint of plans to implement the Food Safety Modernization Act and a hub for the New Era of Smarter Food Safety. The blueprint focuses on four elements: (i) tech-enabled traceability; (ii) smarter tools and approaches for prevention and outbreak response; (iii) new business models and retail modernization; and (iv) food safety culture. "This document represents the thinking of FDA food safety experts, consumers, the food industry, technology firms, federal and state regulatory partners, our regulatory counterparts in other nations, and academia," the blueprint states. "Together, we envision a framework that will enable food to be traced to its source in seconds and will utilize new data analytical techniques to strengthen prevention of foodborne illnesses, alerting consumers in real time before contaminated or misbranded foods are consumed. We envision a framework in which education, communication, and democratization of data will enable…

The U.S. Department of Agriculture (USDA) has issued a response to the Physicians Committee for Responsible Medicine's petition urging the agency to require meat and poultry processing plants to publish information about COVID-19 testing and infection rates at their facilities and to include on their product labels the statement "Warning: Workers in U.S. meat and poultry processing facilities have been sickened or killed by the SARS-CoV-2 virus, and this product has not been certified virus-free.” USDA's Food Safety and Inspection Service states that it does not have the authority to require facilities to report on the health information of their workers. The agency's response further notes that the proposed warning statement "is misleading because it inaccurately implies that meat and poultry products that have not been 'certified as virus-free' may transmit COVID-19 or are somehow unsafe. As discussed above, public health and food safety experts have found no evidence to…

The European Commission has announced the adoption of strategies to support biodiversity and “transition to a sustainable EU food system that safeguards food security and ensures access to healthy diets sourced from a healthy planet.” “The coronavirus crisis has underlined the importance of a robust and resilient food system that functions in all circumstances, and is capable of ensuring access to a sufficient supply of affordable food for citizens,” a question-and-answer resource on the program stated. “It has also made us acutely aware of the interrelations between our health, ecosystems, supply chains, consumption patterns and planetary boundaries.” The program’s goals include reduction of chemical pesticides, preservation of soil nutrients, reduction in sales of antimicrobials for farmed animals and aquaculture, and an increase in organic farming by 2030. The program will also include the proposal of mandatory front-of-packaging nutrition labeling and efforts to reduce food waste.

U.S. Rep. Earl Blumenauer (D-Ore.) has introduced The Real Economic Support That Acknowledges Unique Restaurant Assistance Needed to Survive Act of 2020 (RESTAURANTS Act). The proposed bill would create a $120 billion “restaurant stabilization grant program designed to help independent restaurants deal with the long-term structural challenges facing the industry due to COVID-19 and ensure they can reemploy 11 million workers,” according to Blumenauer’s May 20, 2020, press release. The program, which would be administered by the Department of the Treasury, would provide grants sufficient "to cover the difference between revenues from 2019 and projected revenues through 2020, with a maximum grant of $10 million.”

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has released a final rule updating regulations on genetically modified organisms (GMOs). The rule adjusts the regulatory process for specific GMOs created to combat plant pests that pose no increased plant pest risk than conventionally bred plants.

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