The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has issued a final rule amending the Country of Origin Labeling (COOL) regulations to comply with a World Trade Organization (WTO) appellate ruling that certain provisions relating to muscle cut meat commodities were inconsistent the WTO Agreement on Technical Barriers to Trade (TBT Agreement), which includes an obligation “to accord imported products treatment no less favorable than that accorded to domestic products.” Effective May 23, 2013, the final rule requires origin designations for muscle cut covered commodities “to specify the production steps of birth, raising, and slaughter of the animal from which the meat is derived that took place in each country listed on the origin designation.” It also eliminates “the allowance for commingling of muscle cut covered commodities of different origins” and expands the definition for “retailer” “to include any person subject to be licensed as a retailer under…
Category Archives Legislation, Regulations and Standards
The Federal Trade Commission (FTC) has issued a modified 10-year review schedule that includes Fair Packaging and Labeling Act regulations among those for which the agency plans to request public input in 2013 as to their need, costs, benefits, and burdens. Specifically at issue are the regulations under sections 4 and 5(c), exemptions from requirements under 16 C.F.R. Part 500, and statements of general policy or interpretation (16 C.F.R. Part 503). FTC also intends to review and solicit public comments on its telemarketing sales rule. See Federal Register, May 23, 2013.
The U.S. Senate has reportedly rejected by a vote of 71 to 27 a Farm Bill amendment that would have clarified the right of states to enact laws requiring special labeling for food and beverages manufactured with genetically modified (GM) ingredients. Co-sponsored by Sens. Mark Begich (D-Alaska), Michael Bennet (D-Colo.), Richard Blumenthal (D-Conn.), Jeff Merkley (D-Ore.), and Bernie Sanders (I-Vt.), the amendment apparently aimed to protect states against lawsuits filed by food and beverage industry interests opposed to GMO labeling. “An overwhelming majority of Americans favor GMO labeling but virtually all of the major biotech and food corporations in the country oppose it,” said Sanders in a May 23, 2013, press release. “Today’s vote is a step forward on an important issue that we are going to continue to work on. The people of Vermont and the people of America have a right to know what’s in the food that…
The Vermont House of Representatives has passed a bill (H. 112) that would require labeling of foods with genetically modified (GM) ingredients. According to the legislative findings recited in the proposal, “There is a lack of consensus regarding the validity of the research and science surrounding the safety of genetically engineered foods, as indicated by the fact that there are peer-reviewed studies published in international scientific literature showing negative, neutral, and positive health results.” The findings also suggest that GM crops pose environmental hazards. The measure, which requires Senate approval, would define what constitutes genetic engineering, prohibit any GM food from bearing a “natural” label and require placement of the term “‘genetically engineered’ immediately preceding any common name or primary product descriptor of a food.” If enacted, the proposal would take effect on the first of two dates: “18 months after two other states enact legislation with requirements substantially comparable to…
The European Food Safety Authority (EFSA) has lowered the tolerable daily intake (TDI) of phenol—a chemical used to make coatings, adhesives and inks in food contact materials—from 1.5 to 0.5 mg/kg bw/day. The action follows a request from the German Federal Institute for Risk Assessment asking EFSA’s Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids (CEF) to reassess the TDI because the original value was “within the same dose range which was reported to be associated with some haematotoxic and immunotoxic effects in an oral study on phenol.” In its scientific opinion on the toxicological evaluation of phenol, EFSA stated that the chemical was last evaluated in 1984. The derived TDI does not consider the hazard of possible oxidation products such as quinones and hydroquinones, which CEF suggested should be evaluated separately. The panel also concluded that the “European Commission should consider other routes of exposure, including flavorings,…
The European Food Safety Authority (EFSA) and European Centre for Disease Control and Prevention (ECDC) have issued their third joint report “on antimicrobial resistance in zoonotic bacteria affecting humans, animals and foods.” Based on data collected by member states in 2011, the report notes the “continued presence of resistance to a range of antimicrobials in Salmonella and Campylobacter, the main bacteria causing food-borne infections in the European Union (EU),” although co-resistance to more than one critically important antimicrobial remains low overall. According to the findings, “a high proportion of Campylobacter bacteria … was resistant to the critically important antimicrobial ciprofloxacin” in addition to other commonly used antimicrobials. The data also suggested that Salmonella resistance “to at least three different antimicrobial classes[] was high overall in the EU,” with a large proportion of the bacteria in humans and animals already resistant to commonly used antimicrobials and, in the case of poultry, to ciprofloxacin. “If…
The U.S. Food and Drug Administration (FDA) has issued a final rule that amends the regulations for “irradiation of animal feed and pet food to provide for the safe use of electron beam and x-ray sources for irradiation of poultry feed and poultry feed ingredients.” The revised rule states that ionizing radiation is limited to (i) “gamma rays from sealed units of cobalt-60 or cesium-137”; (ii) “electrons generated from machine sources at energy levels not to exceed 10 million electron volts”; (iii) “x-rays generated from machine sources at energies not to exceed 5 million electron volts”; and (iv) “x-rays generated from machine sources using tantalum or gold as the target material and using energies not to exceed 7.5 (MeV).” See Federal Register, May 10, 2013.
The U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a final rule amending the standards for cognac and pisco, a type of brandy manufactured in Peru and Chile. According to TTB, the final rule honors an international agreement with Peru and Chile recognizing pisco as a distinctive product of those countries in exchange for the recognition of Bourbon Whiskey and Tennessee Whiskey as distinctive products of the United States. The final rule clarifies that pisco is “a type of brandy that must be manufactured in accordance with the laws and regulations of either Peru or Chile” and removes “Pisco brandy” from the list of examples of geographic designations in the distilled spirits standard of identity. Under the new rules, qualifying products can now bear the name “Pisco” or any of its equivalents—“Pisco Perú,” “Pisco Chileno” or “Chilean Pisco” without needing to add the term “brandy”…
The U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued guidance to industry on the “Use of Social Media in the Advertising of Alcohol Beverages.” According to the May 13, 2013, circular, TTB considers that the advertising provisions of the Federal Alcohol Administration Act (FAA Act) apply to all advertisements “including social media.” The guidance aims to provide “a basis for voluntary compliance with the FAA Act and the TTB advertising regulations with regard to social media, both in terms of required mandatory statements and prohibited practices or statements.” TTB defines social media outlets as social network services, video sharing sites, blogs, microblogs, forums or comment sections on websites, apps for mobile devices, and links and quick response codes. Applicable to advertisements for wine, distilled spirits and malt beverages, the requirements include posting a responsible advertiser name and address and avoiding prohibited statements, including false health…
The Federal Trade Commission (FTC) has reportedly sent letters to more than 90 businesses in an effort to educate them about updates to the Children’s Online Privacy Protection Act (COPPA) that take effect July 1, 2013. According to a May 15, 2013, FTC press release, the agency sent separate letters to both domestic and foreign companies “that may be collecting images or sounds of children” as well as those “that may be collecting persistent identifiers from children.” The letters explain to recipients that under the new rules, personal information now includes (i) “a photograph or video with a child’s image, or an audio file that has a child’s voice,” and (ii) “persistent identifiers, such as cookies, IP addresses and mobile device IDs, that can recognize users over time and across different websites or online services.” “Companies whose apps collect, store or transmit this information, as well as other personal information…
