Category Archives Legislation, Regulations and Standards

During a hearing to discuss a prohibition on energy drinks in the city, a Chicago City Council committee reportedly decided to further consider the matter at a later date before taking a vote. The proposed ordinances include one introduced in January 2013 by Alderman Edward Burke that would prohibit the sale of drinks with 180 or more milligrams of caffeine and containing the alleged stimulants taurine or guarana. Committee Chair George Cardenas and Alderman William Burns previously introduced another proposal that would prohibit the sale of energy drinks to anyone younger than age 21. Details about Burke’s proposal appear in Issue 468 of this Update. See Chicago Tribune, March 6, 2013; TimeNewsFeed.com, March 7, 2013.

Vermont’s House Agriculture Committee has reportedly passed by an 8-3 vote legislation (H.112) that would require producers to label raw agricultural and processed food products that are genetically engineered. Milk, meat and ready-to-eat foods would be exempt from the labeling. The bill now moves to the House Judiciary Committee for consideration. If passed, the legislation would evidently take effect 18 months after at least two other states adopt similar proposals, or 24 months after its passage in Vermont—whichever comes first. Previous versions of GMO labeling bills introduced in Vermont in 2011 and 2012 were defeated. See Addison County Independent, March 4, 2013.

A panel commissioned by Ontario’s Ministry of Health and Long-Term Care has issued a March 2013 report outlining a three-part strategy designed to curb rising childhood obesity rates by supporting families, changing the food environment and creating healthy communities. Titled “No Time to Wait: The Healthy Kids Strategy,” the report specifically recommends, among other things, that regulators (i) “ban the marketing of high-calorie, low-nutrient foods, beverages and snacks to children under age 12”; (ii) “ban point-of-sale promotions and displays of high-calorie, low-nutrient foods and beverages in retail settings, beginning with sugar-sweetened beverages”; (iii) “require all restaurants, including fast food outlets and retail grocery stores, to list the calories in each item on their menus and to make this information visible on menu boards”; and (iv) “develop a single standard guideline for food and beverages served or sold where children play and learn.” “Ontario is at a tipping point,” concluded the…

The European Food Safety Authority (EFSA) has announced an April 9, 2013, scientific meeting to discuss its draft opinion on the re-evaluation of aspartame (E951). Issued by the agency’s Scientific Panel on Food Additives and Nutrient Sources Added to Food (ANS Panel), the re-evaluation declined to revise the current Acceptable Daily Intake (ADI) for aspartame after concluding that the substance and its breakdown products “pose no toxicity concern for consumers at current levels of exposure.” Additional details about this conclusion appear in Issue 466 of this Update. The follow-up meeting seeks to clarify any comments received during the draft opinion’s consultation period, which ended February 15. Before adopting its final opinion on aspartame, the ANS Panel will take into account these responses and meeting discussions, as well as issue a separate report that outlines these proceedings. EFSA has asked “scientific experts in the field of food safety and parties who…

The European Food Safety Authority (EFSA) and European Medicines Agency (EMA) have agreed to conduct a health risk assessment of phenylbutazone after officials reportedly discovered the anti-inflammatory drug “in a small number of horse carcasses intended for the food chain.” According to a March 7, 2013, news release, the European Commission requested the assessment as part of an EU-wide investigation into beef contaminated with horsemeat. “[U]sed sparingly in human medicine for the treatment of severe inflammatory conditions where no other treatment is considered suitable,” phenylbutazone is also approved for veterinary use but only in non-food producing animals such as dogs and sport horses. EFSA thus considers the drug a contaminant in food and will work with EMA to determine whether residues found in horsemeat pose any health risks to consumers. To this end, the agencies will consider “both the risk posed from consumption of the horsemeat itself as well as…

The Food and Drug Administration (FDA) has reopened the comment period for its 2005 interim final rule on the “Use of Materials Derived From Cattle in Human Food and Cosmetics,” which prohibited the use of certain cow components to prevent the potential risk of bovine spongiform encephalopathy (BSE) in human food and cosmetics. The interim final rule stated that a cow’s small intestine was safe for use in human food and cosmetics provided the distal ileum was removed. According to the agency, new scientific data confirms the presence of low levels of BSE in other parts of the cow’s intestine, including the proximal ileum. Interested parties can comment on the new studies until May 13, 2013. See Federal Register, March 4, 2013.

According to a news source, the Food and Drug Administration (FDA), which has released for public comment just two of five major proposed rules to implement the Food Safety Modernization Act (FSMA), will allow the public to comment on all of them once they have all been made available. FDA spokesperson Shelly Burgess said, “We have received some feedback regarding this and FDA will adjust the comment periods to allow the opportunity for the public to comment as a package.” Thus, no comment period will close until all five rules have been published. Information about the initial proposals appears in Issue 466 of this Update. See Law360, March 5, 2013.

The Food and Drug Administration (FDA) has released for public comment a report on pilot projects established under the Food Safety Modernization Act (FSMA) “with the food industry to explore and evaluate methods for rapid and effective tracking and tracing of foods.” The report includes the recommendations of the Institute of Food Technologies, the agency’s project partner, on improving tracking and tracing of food, and FDA will use public comments on those recommendations in finalizing its report to Congress on the matter. Electronic or written comments are requested by April 4, 2013. See Federal Register, March 5, 2013.

The Food Safety and Inspection Service (FSIS) has issued a final rule, effective May 6, 2013, that amends federal meat and poultry products inspection regulations to remove sodium benzoate, sodium propionate and benzoic acid from the list of substances prohibited for use in meat or poultry products. According to FSIS, after considering the comments and petitions it received, as well as confirming that the Food and Drug Administration (FDA) had no objections to the safety of the substances, the agency has determined “that sodium benzoate, sodium propionate, and benzoic acid, under the conditions proposed in the petitions, are both safe and suitable for use as antimicrobial agents in certain RTE [ready-to-eat] meat and poultry products.” FSIS said that new uses of these substances in meat or poultry products will continue to be approved by FDA for safety and by FSIS for suitability. See Federal Register, March 7, 2013.

The Food and Drug Administration (FDA) has announced the availability of revised draft guidance related to the evaluation and safety of veterinary drug residues in human food. Both sets of guidance are part of the agency’s efforts under the Registration of Veterinary Medicinal Products to harmonize technical requirements for the approval of veterinary medical products in the European Union, Japan and the United States. The guidance titled “Studies to Evaluate the Safety of Residues of Veterinary Drugs in Human Food: General Approach to Establish a Microbiological Acceptable Daily Intake (ADI)” offers a plan for assessing “the human food safety of residues from veterinary antimicrobial drugs with regard to effects on the human intestinal flora.” To this end, the guidance (i) “outline[s] the steps in determining the need for establishing a microbiological [ADI]”; (ii) “recommend[s] test systems and methods for determining no-observable adverse effect concentrations (NOAECS) and no-observable effect concentrations (NOAELs) for the…

Close