Category Archives Legislation, Regulations and Standards

Organic growers and food safety advocates, including the National Organic Coalition (NOC), have condemned recommendations contained in the final report of the Advisory Committee on Biotechnology and 21st Century Agriculture (AC21), a group appointed by the U.S. Department of Agriculture (USDA) to address transgenic contamination of organic and non-genetically engineered (GE) crops. GE crops make up the majority of corn and soybeans produced in the United States. According to news sources, of particular concern in the report is the recommendation that organic and non-GE conventional farmers pay to self-insure themselves against unwanted GE contamination. In a press release NOC stated that “This proposal allows USDA and the agricultural biotechnology industry to abdicate responsibility for preventing GE contamination while making the victims of GE pollution pay for damages resulting from transgenic contamination.” “The AC21 report takes responsibility for GE contamination prevention out of the hands of USDA and the biotech industry…

The Humane Society of the United States (HSUS) has filed a complaint with the U.S. Department of Agriculture’s (USDA’s) Inspector General requesting an investigation into the use of pork checkoff funds. HSUS contends that “federal pork checkoff program monies are being used to fund the NPPC’s [National Pork Producers Council’s] Pork Alliance program, which is the council’s state and federal lobbying operation. Further, the NPPC publicly lists the [National] Pork Board on its website among the high donor ‘partners’ of its Alliance program, a public endorsement that would also violate the Pork Board’s prohibition against involvement in lobbying activity.” The federal pork checkoff program apparently requires pork producers to pay into a fund overseen by the National Pork Board, which HSUS claims “is to use the funds for ‘promotion, research, and consumer information plans and projects’ or for the Board’s own administrative expenses. However, both federal law and USDA regulations…

The Food and Drug Administration (FDA) has suspended operations at nut and seed spread manufacturer Sunland Inc.’s New Mexico plant after investigators reportedly discovered Salmonella-tainted peanut butter linked to an outbreak that has allegedly sickened 41 people in 20 states this year. According to FDA, “the fact that peanut butter made by the company has been linked to an outbreak . . . coupled with Sunland’s history of violations led [the agency] to make the decision to suspend the company’s registration.” In a November 26, 2012, letter to Sunland’s president, FDA Commissioner Margaret Hamburg said evidence the agency collected in response to the outbreak demonstrated that “[n]ut butter and nut products manufactured, processed, packed, and held by your facility are contaminated with salmonella, or are at risk for contamination with salmonella, based on the conditions in your facility. Your facility’s testing records over the past 3 years include multiple positive…

In response to a series of letters from Senators Dick Durbin (D-Ill.) and Richard Blumenthal (D-Conn.), Food and Drug Administration (FDA) officials have confirmed that the agency is currently reviewing the safety of energy drinks containing caffeine and other ingredients that act as stimulants and may require regulatory action if evidence of a health risk is found. Since April, both senators have urged FDA to take action to regulate energy drinks and to investigate the safety of ingredients with stimulant properties in combination with caffeine in energy drinks, particularly as they affect young consumers. In a recent press release, the senators note that “There is very clearly a lack of understanding about the health effects of energy drinks and their ingredients especially on children and adolescents,” and although they are glad to see that FDA is undertaking a review, more needs to be done and quickly. “For instance, FDA can and…

Rep. Dennis Kucinich (D-Ohio) has introduced a bill to deny federal tax deductions to companies marketing “junk food” to children. The Stop Subsidizing Childhood Obesity Act (H.R. 6599) would “amend the Internal Revenue Code of 1986 to protect children’s health by denying any deduction for advertising and marketing directed at children to promote the consumption of food at fast food restaurants or of food of poor nutritional quality.” In a recent press release, Kucinich contends that Congress—with [citizens’] tax dollars—has subsidized the marketing efforts of fast food and junk food companies by as much as $19 billion over the past 10 years. “In 2004 alone, $10 billion was spent on food advertising directed at children. It is effective because a child’s brain is unable to distinguish fact from fiction at a time they are developing life-long taste allegiance. If it didn’t work, they wouldn’t do it. According to The Journal…

According to a November 5, 2012, New York Times article, technology and media companies have joined trade groups and marketing associations in opposing the Federal Trade Commission’s (FTC’s) efforts to update provisions implemented under the Children’s Online Privacy Protection Act (COPPA). As regulators look to expand the types of data-collection activities covered by COPPA, companies such as Facebook, Google and Twitter have reportedly pushed back against these proposals as unduly onerous and likely to stifle all web-based services created for children. Industry analysts have purportedly noted that once FTC requires parental consent for companies to use customer code numbers to track children, the agency “might someday require… similar consent for a practice that represents the backbone of digital marketing and advertising—using such code numbers to track the online activities of adults.” Furthermore, social media platforms have apparently taken issue with a plan to hold third parties liable “if they know…

The Los Angeles City Council has reportedly approved a resolution endorsing the international “meatless Mondays” campaign, which aims to reduce meat consumption for health and environmental reasons. According to news sources, in a unanimous 12–0 vote, the council approved the resolution endorsing the campaign and encouraging residents to give up meat for one day a week. The resolution apparently makes Los Angeles the largest city to adopt the campaign started in 2003 in conjunction with the Johns Hopkins Bloomberg School of Public Health. Other U.S. cities that have reportedly endorsed meatless Mondays include Washington, D.C., San Francisco and Raleigh, N.C. Introduced by Councilwoman Jan Perry and Councilman Ed Reyes, the resolution cites statistics showing that more than one half of Los Angeles County residents are overweight. The campaign claims that cutting meat consumption can reduce the risk of cancer, heart disease, diabetes, and obesity. See The Los Angeles Times, November 12,…

The Irish food and drink industry has reportedly rejected government proposals to impose a sugar tax on soft or “fizzy” drinks, calling the tax a “discriminatory” measure that “would have no health benefits and would further hit already hard-pressed Irish consumers.” Commenting on the issue, Food and Drink Industry Ireland (FDII) cited the “fat tax” initiative in Denmark that was reversed this week after authorities found it did not change consumer behavior but instead led to higher inflation and an increase in cross-border shopping. As FDII Director Paul Kelly explained, “Fiscal measures specifically aimed at altering behavior are complex to design and can be highly unpredictable. Ireland already imposes high taxes on many foods. While most foods are exempt from VAT, the standard rate of 23% applies to confectionery items like sweets, chocolate, crisps, ice-cream and soft drinks. An additional tax on sugar or soft drinks would leave Irish consumers…

France’s National Assembly has reportedly rejected a proposed tax on palm oil that appeared to be a go earlier in the week. On November 12, 2012, the French Senate voted 186-155 against the so-called “Nutella tax,” which aimed to impose a 300 percent tax on palm oil, a key ingredient in the beloved hazelnut-chocolate spread that is high in saturated fats. Arguing that palm oil poses a threat to public health, lawmakers initially proposed the measure as part of a larger bill focused on financing the national health care system and encouraging manufacturers to use healthier alternatives. According to news sources, Nutella® is 20 percent palm oil, so had the tax passed, the price of the popular spread would have likely increased by about 0.06 Euros per kilo, or about three-and-one-third cents per pound. But the anticipated price increase apparently upset French consumers, who have traditionally been among Nutella’s® most…

Danish lawmakers have killed a controversial “fat tax” one year after its implementation, finding that the tax’s negative effect on the economy and small businesses far outweighed any health benefits. According to news sources, nations such as Germany, Switzerland and the United Kingdom have held up the tax, which applies to foods containing more than 2.3 percent saturated fat, as a potential model for addressing obesity and other health concerns. But in Denmark, the tax has become a source of pain for consumers, food producers and retailers as the nation’s economy struggles. The Danish tax ministry has evidently said that fat and sugar taxes have drawn criticism for increasing prices for consumers and companies alike, and putting Danish jobs at risk, as well as for encouraging Danes to travel across the border to buy cheaper foods. As the tax ministry thus stated, “The suggestions to tax foods for public health…

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