The Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a final rule designating “Cachaça” as a type of rum and a distinctive product of Brazil. Effective April 11, 2013, the final rule recognizes Cachaça as a distinctive distilled spirit made from sugar cane “in compliance with the laws of Brazil regulating the manufacture of Cachaça for consumption in that country.” In return, the Brazilian officials who petitioned TTB and the U.S. Office of the Trade Representative for the designation have reportedly agreed to recognize bourbon whiskey and Tennessee whiskey as distinctive products of the United States. Under the final rule, products that meet the identity standards for Cachaça may be labeled as such and no longer need to include the term “rum” on the packaging. In addition, TTB has noted that distilled spirits containing corn or corn syrup will not be recognized as either rum or Cachaça and must…
Category Archives Legislation, Regulations and Standards
The Department of Agriculture (USDA) has issued a proposed rule that would update regulations regarding genetically engineered (GE) organisms “by adding provisions for sharing certain business information with state and tribal government agencies.” According to USDA, the proposed provisions would govern the sharing of certain information contained in permit applications and notifications for importations, interstate movements or releases into the environment of GE organisms. The agency also says that the provisions “would allow the Animal and Plant Health Inspection Service (APHIS) to share certain business information with state and tribal governments without impairing [USDA’s] ability to protect confidential business information from disclosure.” Apparently, APHIS currently withholds such information when it shares applications with non-federal government agencies. USDA says that the action would improve collaborative and cooperative efforts with state and tribal governments and improve effectiveness of its notification and permitting procedures as APHIS continues to regulate certain GE organisms. See Federal…
The Food and Drug Administration has debarred seafood importer Richard Stowell from importing food into the United States for three years based on his felony conviction for instructing his company’s employees to mislabel shrimp from Thailand and Malaysia as shrimp from Ecuador and Honduras and then selling it to a supermarket chain. Stowell pleaded guilty to three felony counts in July 2011 and failed to respond to the notice of proposed debarment. See Federal Register, February 26, 2013.
The Food and Drug Administration (FDA) has released its “International Food Safety Capacity-Building Plan,” which aims to enhance “the food safety capacity of countries that export food to the United States.” As directed by the Food Safety Modernization Act, the plan provides direction on how FDA can (i) “expand the technical, scientific, and regulatory capacity of foreign governments and their food industries,” (ii) “prioritize its capacity-building efforts based on risks,” and (iii) “work in partnership with counterpart authorities, industry, and other organizations in order to achieve lasting food safety results.” To this end, the plan promotes efficiency across the Foods and Veterinary Medicine Program, evidence-based decision-making, the exchange of information between FDA and foreign government agencies, and enhanced technical support for foreign programs. “This capacity-building plan recognizes the need for a change in agency strategy,” states FDA’s report. “Instead of focusing primarily on intercepting harmful products, FDA will attempt to…
U.S. Reps. Henry Waxman (D-Calif.) and Louise Slaughter (D-N.Y.) recently introduced legislation (H.R. 820) that would require drug manufacturers “to provide better information on the amount and use of antibiotics and other antimicrobials given to animals raised for human consumption,” according to a February 26, 2013, press release. The Delivering Antimicrobial Transparency in Animals (DATA) Act would also compel, “for the first time, large-scale producers of poultry, swine, and livestock to report data on the medicated feeds provided to their animals.” Under the DATA Act, drug manufacturers would report to the Food and Drug Administration (FDA) on how their products are used “by determining (or estimating) the amounts of their drugs used in each food-producing animal for which they are approved.” In addition to general data about their antibiotic use, livestock producers administering medicated feed under a Veterinary Feed Directive would submit “detailed information” about “the quantities, dosages and duration…
The D.C. Circuit Court of Appeals has dismissed a challenge to U.S. Department of Agriculture (USDA) rules requiring California almonds sold domestically to be treated with heat or chemicals to prevent the spread of Salmonella. Koretoff v. Vilsack, No. 12-5075 (D.C. Cir., decided February 22, 2013). According to the court, the almond producers who mounted the challenge had waived their claims “by failing to raise them during the rulemaking process.” They had contended that the USDA secretary exceeded his authority in requiring the treatment of all almonds “irrespective of whether they are contaminated” and that the secretary failed to determine that the treatment rule was “the only practical means of advancing the interests of the producers.” Finding no error in the lower court’s disposition, the court affirmed its grant of summary judgment for the secretary.
In a 7–2 vote, lawmakers in Colorado have rejected a bill (H.B.1192) that would have defined “genetically engineered” and required a person selling, distributing or offering food for sale in Colorado to identify genetically engineered (GE) food with the following label: “This product contains genetically engineered material or was produced with genetically engineered material.” The bill was sponsored by Rep. Jeanne Labuda (D-Denver), who, according to a news source, says that consumers deserve to know more about how their food is produced and argues that food producers already have to label foods containing certain additives or allergens. Opponents of the bill, including many farmers and food retailers, reportedly claim that requiring labels for GE foods would significantly affect family farmers and increase the cost of food for all Colorado citizens. “Much of the dialogue surrounding this topic seems to be filled with fear and innuendo, as opposed to being well researched,…
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has withdrawn styrene as a potential addition to the list of substances known to the state to cause cancer by means of the Labor Code mechanism. In 2009, a state judge tentatively enjoined its listing after determining that no known evidence supported a finding that styrene is a carcinogen and that its designation as such would likely have a devastating effect on the industry. Widely used in food packaging, styrene plastics are apparently crucial to the transportation and sale of strawberries, raspberries and blueberries, state industries worth more than $1 billion. The court further ruled at the end of 2012 that OEHHA’s reliance on the International Agency for Research on Cancer’s conclusion that styrene is “possibly carcinogenic to human” was insufficient to justify its listing. OEHHA has not reportedly appealed the decision. See InsideEPA.com, February 21, 2013.
California Assembly Member Ian Calderon (D-Whittier) has introduced a bill (A.B. 682) that “would prohibit chicken or turkey sold in any state-owned or state-leased building at food concessions and cafeterias from being ‘plumped’ in any way.” The legislation defines “plumped” poultry as any such product injected with “saltwater, chicken stock, seaweed extract, or some combination thereof… to increase its weight and price.” “The practice of ‘plumping’ chicken or turkey can increase the sodium content by up to 500 percent,” states the bill, which would take effect January 1, 2014, or upon the expiration of existing vending and concession contracts. “Fresh, natural chicken should have no more than 70 mg of sodium per four ounce serving, whereas plumped chicken can contain up to 400 mg sodium. The average household of four people, because of ‘plumping’ chicken or turkey, spends approximately $127 per year on saltwater.”
Proposed legislation (S.B. 622) in California would impose a 1-cent per fluid ounce tax on sugar-sweetened beverages to finance a Children’s Health Promotion Fund. Introduced by Sen. Bill Monning (D-Carmel), the measure would apply to all sugar-sweetened beverage distributors whether their products are bottled or sold as concentrate. Intended to “discourage the excessive consumption of sweetened beverages by increasing the price of these products,” the proposal would also create a fund “allocated for the purposes of statewide childhood obesity prevention activities and programs.” To this end, the Children’s Health Promotion Fund would support, among other things, state- and community-based efforts to reduce consumption of “calorie-dense, nutrient-poor foods” and improve access to “healthy, safe, and affordable foods and beverages.” “This bill will combat the obesity crisis and ensure that our children—and future generations of Californians—are not doomed to a shorter life expectancy and can instead live longer, healthier lives,” Monning was quoted…
