Category Archives Legislation, Regulations and Standards

Peru has passed a law that prohibits genetically modified organisms (GMOs) from being imported, produced or used anywhere within the country for the next 10 years. The law, which was approved by President Ollanta Humala last year and took effect last week, is aimed at preserving Peru’s agricultural diversity, preventing cross-pollination and supporting local farmers. According to news sources, GMOs threaten the country’s heritage plant species, including several varieties of colorful corn, which are becoming increasingly popular export commodities. Violating the law will result in a maximum fine of 10,000 UIT tax units, which is about 36.5 million soles ($14 million). The goods can also be seized and destroyed. See Andean Air Mail & Peruvian Times, November 17, 2012.

A Mexican lawmaker has proposed a 50 percent tax on chewing gum. According to news sources, Institutional Revolutionary Party Deputy Juan Manuel Diez Francos claims such a tax could fund efforts to clean up the gum discarded in various public venues. Mexico is apparently the second largest consumer of gum behind the United States—citizens chew an average of 2.5 pieces daily. A similar proposal is currently being sought in Northern Ireland for the same reasons. See VOXXI, November 28, 2012.

Health Canada has issued a notice of modification adding steviol glycosides derived from the stevia plant to its list of permitted sweeteners. After concluding a technical consultation published on July 31, 2012, in response to three separate food additive submissions, Health Canada has evidently agreed that “available data support the safety and efficacy of steviol glycosides when used as described.” The revised list of permitted sweeteners authorizes the use of steviol glycosides as a tabletop sweetener and as a food additive in a number of food categories, including those pertaining to breakfast cereals, confections, nut and peanut spreads, fruit spreads, sauces, beverages, baking mixes, desserts, chewing gum, and condiments. Health Canada has directed food labeling questions about the use of common names for steviol glycosides, such as “purified stevia extract” and “stevia leaf extracts,” to the Canadian Food Inspection Agency.

The Food and Drug Administration (FDA) has issued final rules amending food additive regulations pertaining to the use of ionizing radiation in the production, processing and handling of meat and poultry products. Promulgated at the request of the U.S. Department of Agriculture, the rules took effect on November 30, 2012. FDA requests written objections or requests for a hearing by December 31. The meat-product irradiation amendment would “provide for the safe use of a 4.5 kilogray (kGy) maximum absorbed dose of ionizing radiation to treat unrefrigerated (as well as refrigerated) uncooked meat, meat byproducts, and certain meat food products to reduce levels of foodborne pathogens and extend shelf life.” The poultry-irradiation amendment would “increase the maximum dose of ionizing radiation permitted in the treatment of poultry products, to include specific language intended to clarify the poultry products covered by the regulations, and to remove the limitation that any packaging used…

The Food and Drug Administration (FDA) has proposed revoking “the standards of identity for artificially sweetened jelly, preserves and jam,” concluding that these standards “are both obsolete and unnecessary in light of [] regulations for food named by use of a nutrient content claim and a standardized term.” Responding to a citizen petition submitted by the International Jelly and Preserve Association (IJPA), the proposed rule notes that standards implemented in 1959 for fruit spreads containing nonnutritive sweeteners (NNSs) only provided for the use of saccharin, sodium saccharin, calcium saccharin, or any combination thereof (21 CFR 150.140 and 150.160). These standards did not include other NNSs approved for food use since 1959, although FDA later established under the Federal Food, Drug and Cosmetic Act a general standard of identity for foods named by a nutrient content claim such as “low calorie” or “sugar free” “in conjunction with a standardized food term,”…

The Food and Drug Administration (FDA) has issued a proposed rule that would update tolerances “for residues of approved and conditionally approved new animal drugs in food by standardizing, simplifying, and clarifying the determination standards and codification style.” According to FDA, the regulations describing how to set animal drug tolerances for human food are not uniform, do not provide all relevant information, and “no longer accurately reflect current regulatory science.” “For example, the regulations provide the ADI [acceptable daily intake] and safe concentrations for some, but not all, drugs,” states the proposed rule. “In addition, the regulations list some tolerances as being for ‘negligible’ residue, and others as ‘no residue,’ ‘zero’ or ‘not required,’ but they do not explain what these important terms mean. The proposed rule addresses these inconsistencies by simplifying and standardizing the determination standards and codification style and by adding definitions for key terms.” FDA will accept…

U.S. Rep. Edward Markey (D-Mass.) has written a November 30, 2012, letter to Federal Trade Commission (FTC) Chair Jon Leibowitz asking the agency to investigate advertising claims made by energy-drink manufacturers. Alarmed by recent media reports allegedly linking products such as 5-Hour Energy® to consumer deaths, Markey notes that many energy drinks “are sold as dietary supplements” that do not fall under Food and Drug Administration (FDA) rules for caffeine content or labeling, and do not require FDA approval before going on the market. “As you know, the FTC has in the past successfully investigated and took action against claims made by alcohol-containing energy drinks found to be engaging in unsafe, deceptive marketing claims,” writes Markey, who has also asked FTC to describe its coordination with FDA and other federal agencies. “I believe an investigation into energy drinks that do not contain alcohol and are often targeted at children may…

The U.K. Advertising Standards Authority (ASA) has upheld three challenges to marketing claims made by Santa Monica, California-based Neurobrands LLC about its line of “Neuro” beverages. Lodged in August 2011 before Commission Regulation (EU) No. 432/21012 established a list of permitted health claims for foods, the complainants argued that the claims appearing on Neurobrands’ website and posters were misleading, unsubstantiated and “misleadingly implied that a widespread vitamin D deficiency in women existed and that the product NeuroSun could treat that deficiency.” Upholding the three complaints, ASA barred the advertisements and advised Neurobrands “to seek advice before making future health and nutritional claims for foods, given the transitional period following the Regulations coming into force.” According to ASA, Neurobrands defended the “mental performance” claim for its NeuroSonic beverage by citing the European Food Safety Authority’s (EFSA’s) “positive opinions” for caffeine and vitamin B12 with regard to “mental functions,” while noting that…

Canadian Governor General David Johnson has approved through royal assent the Safe Food for Canadians Act (SFCA), which aims to improve food safety by focusing on unsafe practices, import surveillance and food traceability. Passed unanimously by the House of Commons, the act consolidates some of the Canadian Food Inspection Agency’s (CFIA’s) existing food commodity statutes—including the Fish Inspection Act, Meat Inspection Act, Canada Agricultural Products Act, and Consumer Packaging and Labeling Act—although the Food and Drug Act will continue to provide “overarching protection for consumers from any foods that are unsuitable for consumption, including those marketed exclusively within provinces.” In particular, SFCA expands CFIA’s authority to address food safety risks, deter deceptive practices and develop regulations for tracing and recalling food. The act also gives CFIA the authority to certify all Canadian food commodities destined for export and reinforces import controls by “including powers to register or license importers,” with…

The European Food Safety Authority (EFSA) has published an inventory of its activities on bees and bee health as part of a forthcoming report to the European Commission’s Directorate-General for Research and Innovation. Spurred by a worldwide decline in the bee population, the agency created a task force with expertise in pesticides, animal health and welfare, genetically modified organisms (GMOs), and plant health “to provide risk managers with comprehensive advice in the area of bee health.” In compiling the inventory, the task force identified 355 bee-related scientific outputs that EFSA has already published or developed, with the majority of these outputs involving applications for regulatory products such as pesticides and GMOs. “With its mandate to improve EU food safety and to ensure a high level of consumer protection, EFSA has a responsibility to protect bees and the ecosystem services they provide to humans,” stated the agency in a November 20,…

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